Full Text of SB2865 95th General Assembly
SB2865sam002 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 4/11/2008
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| AMENDMENT TO SENATE BILL 2865
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| AMENDMENT NO. ______. Amend Senate Bill 2865, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Compassionate Use of Medical Marijuana Pilot Program Act. | 7 |
| Section 5. Findings. | 8 |
| (a) Modern medical research has discovered beneficial uses | 9 |
| for marijuana in treating or alleviating the pain, nausea, and | 10 |
| other symptoms associated with a variety of debilitating | 11 |
| medical conditions, as found by the National Academy of | 12 |
| Sciences' Institute of Medicine in March 1999. | 13 |
| (b) Subsequent studies since the 1999 National Academy of | 14 |
| Sciences' Institute of Medicine report continue to show the | 15 |
| therapeutic value of marijuana in treating a wide array of | 16 |
| debilitating medical conditions, including increasing the |
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| chances of patients finishing their treatments for HIV/AIDS and | 2 |
| hepatitis C. | 3 |
| (c) Data from the Federal Bureau of Investigation's Uniform | 4 |
| Crime Reports and the Compendium of Federal Justice Statistics | 5 |
| show that approximately 99 out of every 100 marijuana arrests | 6 |
| in the U.S. are made under state law, rather than under federal | 7 |
| law. Consequently, changing state law will have the practical | 8 |
| effect of protecting from arrest the vast majority of seriously | 9 |
| ill people who have a medical need to use marijuana. | 10 |
| (d) Although federal law currently prohibits any use of | 11 |
| marijuana except under very limited circumstances, Alaska, | 12 |
| California, Colorado, Hawaii, Maine, Montana, Nevada, New | 13 |
| Mexico, Oregon, Vermont, Rhode Island, and Washington have | 14 |
| removed state-level criminal penalties from the medical use and | 15 |
| cultivation of marijuana. Illinois joins in this effort for the | 16 |
| health and welfare of its citizens. | 17 |
| (e) States are not required to enforce federal law or | 18 |
| prosecute people for engaging in activities prohibited by | 19 |
| federal law. Therefore, compliance with this Act does not put | 20 |
| the State of Illinois in violation of federal law. | 21 |
| (f) State law should make a distinction between the medical | 22 |
| and non-medical uses of marijuana. Hence, the purpose of this | 23 |
| Act is to protect patients with debilitating medical | 24 |
| conditions, as well as their practitioners and primary | 25 |
| caregivers, from arrest and prosecution, criminal and other | 26 |
| penalties, and property forfeiture if such patients engage in |
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| the medical use of marijuana. | 2 |
| (g) The people of the State of Illinois declare that they | 3 |
| enact this Act pursuant to the police power to protect the | 4 |
| health of its citizens that is reserved to the State of | 5 |
| Illinois and its people under the 10th Amendment to the United | 6 |
| States Constitution. | 7 |
| Section 10. Definitions. The following terms, as used in | 8 |
| this Act, shall have the meanings set forth in this Section: | 9 |
| (a) "Adequate supply" means an amount of marijuana | 10 |
| possessed by a qualified patient or collectively possessed by a | 11 |
| qualified patient and the qualified patient's primary | 12 |
| caregiver that is determined by rule of the Department to be no | 13 |
| more than reasonably necessary to ensure the uninterrupted | 14 |
| availability of marijuana for a period of 60 days and that is | 15 |
| derived solely from an intrastate source. Until the Department | 16 |
| determines what constitutes a 60-day supply of medicine, | 17 |
| patients shall be presumed to be in compliance with this Act if | 18 |
| they possess no more than 7 plants and two ounces of dried | 19 |
| usable marijuana. | 20 |
| (a-1) "Cardholder" means a qualifying patient or a primary | 21 |
| caregiver who has been issued and possesses a valid registry | 22 |
| identification card. | 23 |
| (b) "Debilitating medical condition" means one or more of | 24 |
| the following: | 25 |
| (1) cancer, glaucoma, positive status for human |
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| immunodeficiency virus, acquired immune deficiency | 2 |
| syndrome, hepatitis C, amyotrophic lateral sclerosis, | 3 |
| Crohn's disease, agitation of Alzheimer's disease, nail | 4 |
| patella, or the treatment of these conditions; | 5 |
| (2) a chronic or debilitating disease or medical | 6 |
| condition or its treatment that produces one or more of the | 7 |
| following: cachexia or wasting syndrome; severe pain; | 8 |
| severe nausea; seizures, including but not limited to those | 9 |
| characteristic of epilepsy; or severe and persistent | 10 |
| muscle spasms, including but not limited to those | 11 |
| characteristic of multiple sclerosis; or | 12 |
| (3) any other medical condition or its treatment | 13 |
| approved by the Department, as provided for in subsection | 14 |
| (a) of Section 20. | 15 |
| (c) "Department" means the Department of Public Health, or | 16 |
| its successor agency. | 17 |
| (d) "Enclosed, locked facility" means a closet, room, | 18 |
| greenhouse, or other enclosed area equipped with locks or other | 19 |
| security devices that permit access only by a registered | 20 |
| primary caregiver or registered qualifying patient. | 21 |
| (e) "Felony drug offense" means a violation of a state or | 22 |
| federal controlled substance law that was classified as a | 23 |
| felony in the jurisdiction where the person was convicted. It | 24 |
| does not include: (1) an offense for which the sentence, | 25 |
| including any term of probation, incarceration, or supervised | 26 |
| release, was completed 10 or more years earlier; or (2) an |
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| offense that involved conduct that would have been permitted | 2 |
| under this Act. | 3 |
| (f) "Marijuana" has the meaning given to the term cannabis | 4 |
| in Section 3 of the Cannabis Control Act. | 5 |
| (g) "Medical use" means the acquisition, possession, | 6 |
| cultivation, manufacture, use, delivery, transfer, or | 7 |
| transportation of marijuana or paraphernalia relating to the | 8 |
| administration of marijuana to treat or alleviate a registered | 9 |
| qualifying patient's debilitating medical condition or | 10 |
| symptoms associated with the patient's debilitating medical | 11 |
| condition. | 12 |
| (h) "Practitioner" means a person who is licensed with | 13 |
| authority to prescribe drugs under Article III of the Illinois | 14 |
| Controlled Substance Act. | 15 |
| (i) "Primary caregiver" means a person who is at least 21 | 16 |
| years old, who has agreed to assist with a patient's medical | 17 |
| use of marijuana, and who has never been convicted of a felony | 18 |
| drug offense. A primary caregiver, other than a medical | 19 |
| marijuana organization as defined in this Act may assist no | 20 |
| more than one qualifying patient with their medical use of | 21 |
| marijuana. A patient may designate only one primary caregiver, | 22 |
| except that a patient may designate a medical marijuana | 23 |
| organization and one individual primary caregiver. | 24 |
| (j) "Qualifying patient" means a person who has been | 25 |
| diagnosed by a practitioner as having a debilitating medical | 26 |
| condition. |
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| (k) "Registry identification card" means a document issued | 2 |
| by the Department that identifies a person as a registered | 3 |
| qualifying patient or registered primary caregiver. | 4 |
| (l) "Usable marijuana" means the dried leaves and flowers | 5 |
| of the marijuana plant, and any mixture or preparation thereof, | 6 |
| but does not include the seeds, stalks, and roots of the plant | 7 |
| and does not include the weight of other ingredients in | 8 |
| marijuana prepared for consumption as food. | 9 |
| (m) "Visiting qualifying patient" means a patient who is | 10 |
| not a resident of Illinois or who has been a resident of | 11 |
| Illinois less than 30 days. | 12 |
| (n) "Written certification" means a document signed by a | 13 |
| practitioner, stating that in the practitioner's professional | 14 |
| opinion the patient is likely to receive therapeutic or | 15 |
| palliative benefit from the medical use of marijuana to treat | 16 |
| or alleviate the patient's debilitating medical condition or | 17 |
| symptoms associated with the debilitating medical condition. A | 18 |
| written certification shall be made only in the course of a | 19 |
| bona fide practitioner-patient relationship after the | 20 |
| practitioner has completed a full assessment of the qualifying | 21 |
| patient's medical history. The written certification shall | 22 |
| specify the qualifying patient's debilitating medical | 23 |
| condition. | 24 |
| Section 15. Protections for the medical use of marijuana. | 25 |
| (a) A qualifying patient who has been issued and possesses |
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| a registry identification card shall not be subject to arrest, | 2 |
| prosecution, or penalty in any manner, or denied any right or | 3 |
| privilege, including but not limited to civil penalty or | 4 |
| disciplinary action by a business or occupational or | 5 |
| professional licensing board or bureau, for the medical use of | 6 |
| marijuana in accordance with this Act, provided that the | 7 |
| qualifying patient possesses an amount of marijuana that does | 8 |
| not exceed an "adequate supply" as defined in Section 10(a) of | 9 |
| this Act of usable marijuana. Such plants shall be kept in an | 10 |
| enclosed, locked facility, unless they are being transported | 11 |
| because the qualifying patient is moving or if they are being | 12 |
| transported to the qualifying patient's property. Any | 13 |
| incidental amount of seeds, stalks, and unusable roots shall | 14 |
| also be allowed under state law and shall not be included in | 15 |
| this amount. | 16 |
| (b) A primary caregiver who has been issued and possesses a | 17 |
| registry identification card shall not be subject to arrest, | 18 |
| prosecution, or penalty in any manner, or denied any right or | 19 |
| privilege, including but not limited to civil penalty or | 20 |
| disciplinary action by a business or occupational or | 21 |
| professional licensing board or bureau, solely for assisting a | 22 |
| qualifying patient to whom he or she is connected through the | 23 |
| Department's registration process with the medical use of | 24 |
| marijuana in accordance with this Act, provided that the | 25 |
| primary caregiver possesses an amount of marijuana that does | 26 |
| not exceed an "adequate supply" as defined in Section 10(a) of |
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| this Act for the qualifying patient to whom he or she is | 2 |
| connected through the Department's registration process. It is | 3 |
| the intent of this provision that the total amount possessed | 4 |
| between the qualifying patient and caregiver shall not exceed | 5 |
| the patient's "adequate supply" as defined in Section 10(a) of | 6 |
| this Act. Such plants shall be kept in an enclosed, locked | 7 |
| facility, unless they are being transported because the primary | 8 |
| caregiver is moving or if they are being transported to a | 9 |
| primary caregiver's or a qualifying patient's property. Any | 10 |
| incidental amount of seeds, stalks, and unusable roots shall | 11 |
| also be allowed under state law and shall not be included in | 12 |
| this amount. | 13 |
| (c) (1) There shall be a presumption that a qualifying | 14 |
| patient or primary caregiver is engaged in the medical use of | 15 |
| marijuana in accordance with this Act if the qualifying patient | 16 |
| or primary caregiver: | 17 |
| (A) is in possession of a registry identification | 18 |
| card; and | 19 |
| (B) is in possession of an amount of marijuana that | 20 |
| does not exceed the amount allowed under this Act. | 21 |
| (2) The presumption may be rebutted by evidence that | 22 |
| conduct related to marijuana was not for the purpose of | 23 |
| treating or alleviating the qualifying patient's | 24 |
| debilitating medical condition or symptoms associated with | 25 |
| the debilitating medical condition, in accordance with | 26 |
| this Act. |
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| (d) A cardholder shall not be subject to arrest, | 2 |
| prosecution, or penalty in any manner, or denied any right or | 3 |
| privilege, including but not limited to civil penalty or | 4 |
| disciplinary action by a business or occupational or | 5 |
| professional licensing board or bureau, solely for giving | 6 |
| marijuana to a registered qualifying patient or a registered | 7 |
| primary caregiver for the registered qualifying patient's | 8 |
| medical use where nothing of value is transferred in return, or | 9 |
| to offer to do the same. | 10 |
| (e) No school, employer, or landlord may refuse to enroll | 11 |
| or employ or lease to, or otherwise penalize a person solely | 12 |
| for his or her status as a registered qualifying patient or a | 13 |
| registered primary caregiver, unless failing to do so would put | 14 |
| the school, employer, or landlord in violation of federal law | 15 |
| or cause it to lose a federal contract or funding. | 16 |
| (f) A person shall not be denied custody or visitation of a | 17 |
| minor for acting in accordance with this Act, unless the | 18 |
| person's behavior is such that it creates an unreasonable | 19 |
| danger to the minor that can be clearly articulated and | 20 |
| substantiated. | 21 |
| (g) A registered primary caregiver may receive | 22 |
| compensation for costs associated with assisting a registered | 23 |
| qualifying patient's medical use of marijuana, provided that | 24 |
| registered primary caregiver is connected to the registered | 25 |
| qualifying patient through the Department's registration | 26 |
| process. Any such compensation shall not constitute the sale of |
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| controlled substances. | 2 |
| (h) A practitioner shall not be subject to arrest, | 3 |
| prosecution, or penalty in any manner, or denied any right or | 4 |
| privilege, including but not limited to civil penalty or | 5 |
| disciplinary action by the Medical Disciplinary Board or by any | 6 |
| other business or occupational or professional licensing board | 7 |
| or bureau, solely for providing written certifications or for | 8 |
| otherwise stating that, in the practitioner's professional | 9 |
| opinion, a patient is likely to receive therapeutic benefit | 10 |
| from the medical use of marijuana to treat or alleviate the | 11 |
| patient's serious or debilitating medical condition or | 12 |
| symptoms associated with the serious or debilitating medical | 13 |
| condition, provided that nothing shall prevent a professional | 14 |
| licensing board from sanctioning a practitioner for failing to | 15 |
| properly evaluate a patient's medical condition or otherwise | 16 |
| violating the standard of care for evaluating medical | 17 |
| conditions. | 18 |
| (i) A person shall not be subject to arrest, prosecution, | 19 |
| or penalty in any manner, or denied any right or privilege, | 20 |
| including but not limited to civil penalty or disciplinary | 21 |
| action by a business or occupational or professional licensing | 22 |
| board or bureau, solely for providing a registered qualifying | 23 |
| patient or a registered primary caregiver with marijuana | 24 |
| paraphernalia for purposes of a qualifying patient's medical | 25 |
| use of marijuana. | 26 |
| (j) Any marijuana, marijuana paraphernalia, licit |
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| property, or interest in licit property that is possessed, | 2 |
| owned, or used in connection with the medical use of marijuana, | 3 |
| as allowed under this Act, or acts incidental to such use, | 4 |
| shall not be seized or forfeited. | 5 |
| (k) A person shall not be subject to arrest, prosecution, | 6 |
| or penalty in any manner, or denied any right or privilege, | 7 |
| including but not limited to civil penalty or disciplinary | 8 |
| action by a business or occupational or professional licensing | 9 |
| board or bureau, simply for being in the presence or vicinity | 10 |
| of the medical use of marijuana as allowed under this Act, or | 11 |
| for assisting a registered qualifying patient with using or | 12 |
| administering marijuana. This provision, however, shall not be | 13 |
| construed to allow the consumption of marijuana by persons | 14 |
| other than qualifying patients. | 15 |
| (l) A registry identification card, or its equivalent, that | 16 |
| is issued under the laws of another state, district, territory, | 17 |
| commonwealth, or insular possession of the United States that | 18 |
| allows the medical use of marijuana by a visiting qualifying | 19 |
| patient, shall have the same force and effect as a registry | 20 |
| identification card issued by the Department. | 21 |
| (m) Any cardholder who sells marijuana to a person who is | 22 |
| not allowed to use marijuana for medical purposes under this | 23 |
| Act shall have his or her registry identification card revoked, | 24 |
| and is liable for any other penalties for the sale of | 25 |
| marijuana. The Department may revoke the registry | 26 |
| identification card of any cardholder who violates this Act, |
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| and the cardholder shall be liable for any other penalties for | 2 |
| the violation. | 3 |
| Section 20. Department to issue rules. | 4 |
| (a) Not later than 120 days after the effective date of | 5 |
| this Act, the Department shall promulgate rules governing the | 6 |
| manner in which it shall consider petitions from the public to | 7 |
| add debilitating medical conditions to the list of debilitating | 8 |
| medical conditions set forth in subsection (b) of Section 10 of | 9 |
| this Act. In considering such petitions, the Department shall | 10 |
| include public notice of, and an opportunity to comment in a | 11 |
| public hearing upon, such petitions. The Department shall, | 12 |
| after hearing, approve or deny such petitions within 180 days | 13 |
| of submission of the petition. The approval or denial of such a | 14 |
| petition shall be considered a final Department action, subject | 15 |
| to judicial review. Jurisdiction and venue for judicial review | 16 |
| are vested in the Circuit Court. | 17 |
| (b) Not later than 120 days after the effective date of | 18 |
| this Act, the Department shall promulgate rules governing the | 19 |
| manner in which it shall consider applications for and renewals | 20 |
| of registry identification cards for qualifying patients and | 21 |
| primary caregivers. The Department's rules shall establish | 22 |
| application and renewal fees that generate revenues sufficient | 23 |
| to offset all expenses of implementing and administering this | 24 |
| Act. The fee shall include an additional $2 per registry | 25 |
| identification card which shall be allocated to drug treatment |
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| and prevention. The Department may establish a sliding scale of | 2 |
| application and renewal fees based upon a qualifying patient's | 3 |
| family income. The Department may accept donations from private | 4 |
| sources in order to reduce the application and renewal fees. | 5 |
| Section 25. Administering the Department's rules. | 6 |
| (a) The Department shall issue registry identification | 7 |
| cards to up to 1,2000 qualifying patients who submit the | 8 |
| following, in accordance with the Department's rules: | 9 |
| (1) written certification; | 10 |
| (2) application or renewal fee; | 11 |
| (3) name, address, and date of birth of the qualifying | 12 |
| patient, except that if the applicant is homeless, no | 13 |
| address is required; | 14 |
| (4) name, address, and telephone number of the | 15 |
| qualifying patient's practitioner; and | 16 |
| (5) name, address, and date of birth of each primary | 17 |
| caregiver, if any, of the qualifying patient. | 18 |
| (a)(1) The Department shall not issue more than 1,200 | 19 |
| active patient identification cards at any given time. If this | 20 |
| limitation is reached the Department shall notify persons | 21 |
| making application that his or her application will be | 22 |
| processed as cards expire or are revoked or as cards become | 23 |
| inactive do to the death of patients. Pending applications | 24 |
| shall be processed in the order received. This limitation does | 25 |
| not include cards issued to primary caregivers and medical |
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| marijuana organizations. | 2 |
| (b) The Department shall not issue a registry | 3 |
| identification card to a qualifying patient who is under the | 4 |
| age of 18 unless: | 5 |
| (1) The qualifying patient's practitioner has | 6 |
| explained the potential risks and benefits of the medical | 7 |
| use of marijuana to the qualifying patient and to a parent, | 8 |
| guardian, or person having legal custody of the qualifying | 9 |
| patient; and | 10 |
| (2) The parent, guardian, or person having legal | 11 |
| custody consents in writing to: | 12 |
| (A) allow the qualifying patient's medical use of | 13 |
| marijuana; | 14 |
| (B) serve as one of the qualifying patient's | 15 |
| primary caregivers; and | 16 |
| (C) control the acquisition of the marijuana, the | 17 |
| dosage, and the frequency of the medical use of | 18 |
| marijuana by the qualifying patient. | 19 |
| (c) The Department shall verify the information contained | 20 |
| in an application or renewal submitted pursuant to this | 21 |
| Section, and shall approve or deny an application or renewal | 22 |
| within 15 days of receiving it. The Department may deny an | 23 |
| application or renewal only if the applicant did not provide | 24 |
| the information required pursuant to this Section, or if the | 25 |
| Department determines that the information provided was | 26 |
| falsified. Rejection of an application or renewal is considered |
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| a final Department action, subject to judicial review. | 2 |
| Jurisdiction and venue for judicial review are vested in the | 3 |
| Illinois Circuit Court. | 4 |
| (d) The Department shall issue a registry identification | 5 |
| card to each primary caregiver, if any, who is named in a | 6 |
| qualifying patient's approved application, up to a maximum of 2 | 7 |
| primary caregivers per qualifying patient. | 8 |
| (e) The Department shall issue registry identification | 9 |
| cards within 5 days of approving an application or renewal, | 10 |
| which shall expire one year after the date of issuance. | 11 |
| Registry identification cards shall contain all of the | 12 |
| following: | 13 |
| (1) Name, address, and date of birth of the qualifying | 14 |
| patient; | 15 |
| (2) Name, address, and date of birth of each primary | 16 |
| caregiver, if any, of the qualifying patient; | 17 |
| (3) The date of issuance and expiration date of the | 18 |
| registry identification card; | 19 |
| (4) A random identification number that is unique to | 20 |
| the cardholder; and | 21 |
| (5) A photograph, if the Department decides to require | 22 |
| one. | 23 |
| (f) (1) A registered qualifying patient shall notify the | 24 |
| Department of any change in the registered qualifying patient's | 25 |
| name, address, or primary caregiver, or if the registered | 26 |
| qualifying patient ceases to have his or her debilitating |
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| medical condition, within 10 days of such change. | 2 |
| (2) A registered qualifying patient who fails to notify | 3 |
| the Department of any of these changes is responsible for a | 4 |
| civil infraction, punishable by a fine of no more than | 5 |
| $150. If the registered qualifying patient's certifying | 6 |
| practitioner notifies the Department in writing that the | 7 |
| registered qualifying patient has ceased to suffer from a | 8 |
| debilitating medical condition, the card shall become null | 9 |
| and void upon notification by the Department to the | 10 |
| qualifying patient. | 11 |
| (3) A registered primary caregiver shall notify the | 12 |
| Department of any change in his or her name or address | 13 |
| within 10 days of such change. A registered primary | 14 |
| caregiver who fails to notify the Department of any of | 15 |
| these changes is responsible for a civil infraction, | 16 |
| punishable by a fine of no more than $150. | 17 |
| (4) When a registered qualifying patient or registered | 18 |
| primary caregiver notifies the Department of any changes | 19 |
| listed in this subsection, the Department shall issue the | 20 |
| registered qualifying patient and each registered primary | 21 |
| caregiver a new registry identification card within 10 days | 22 |
| of receiving the updated information and a $10 fee. | 23 |
| (5) When a registered qualifying patient changes his or | 24 |
| her registered primary caregiver, the Department shall | 25 |
| notify the primary caregiver within 10 days. The registered | 26 |
| primary caregiver's protections as provided in this Act |
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| shall expire 10 days after notification by the Department. | 2 |
| (6) If a registered qualifying patient or registered | 3 |
| primary caregiver loses his or her registry identification | 4 |
| card, he or she shall notify the Department and submit a | 5 |
| $10 fee within 10 days of losing the card. Within 5 days | 6 |
| after such notification, the Department shall issue a new | 7 |
| registry identification card with a new random | 8 |
| identification number. | 9 |
| (g) Possession of, or application for, a registry | 10 |
| identification card shall not constitute probable cause or | 11 |
| reasonable suspicion, nor shall it be used to support the | 12 |
| search of the person or property of the person possessing or | 13 |
| applying for the registry identification card. | 14 |
| (h) The following confidentiality rules shall apply: | 15 |
| (1) Applications and supporting information submitted | 16 |
| by qualifying patients, including information regarding | 17 |
| their primary caregivers and practitioners, are | 18 |
| confidential. | 19 |
| (2) The Department shall maintain a confidential list | 20 |
| of the persons to whom the Department has issued registry | 21 |
| identification cards. Individual names and other | 22 |
| identifying information on the list shall be confidential, | 23 |
| exempt from the Freedom of Information Act, and not subject | 24 |
| to disclosure, except to authorized employees of the | 25 |
| Department as necessary to perform official duties of the | 26 |
| Department. |
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| (3) The Department shall verify to law enforcement | 2 |
| personnel whether a registry identification card is valid, | 3 |
| without disclosing more information than is reasonably | 4 |
| necessary to verify the authenticity of the registry | 5 |
| identification card. | 6 |
| (4) It is a Class B misdemeanor for any person, | 7 |
| including an employee or official of the Department or | 8 |
| another state agency or local government, to breach the | 9 |
| confidentiality of information obtained pursuant to this | 10 |
| Act. Notwithstanding this provision, Department employees | 11 |
| may notify law enforcement about falsified or fraudulent | 12 |
| information submitted to the Department, so long as the | 13 |
| employee who suspects that falsified or fraudulent | 14 |
| information has been submitted confers with his or her | 15 |
| supervisor (or at least one other employee of the | 16 |
| Department) and both agree that circumstances exist that | 17 |
| warrant reporting. | 18 |
| (i) The Department shall submit to the General Assembly an | 19 |
| annual report that does not disclose any identifying | 20 |
| information about qualifying patients, primary caregivers, or | 21 |
| practitioners, but does contain, at a minimum, all of the | 22 |
| following information: | 23 |
| (1) The number of applications and renewals filed for | 24 |
| registry identification cards. | 25 |
| (2) The number of qualifying patients and primary | 26 |
| caregivers approved in each county. |
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| (3) The nature of the debilitating medical conditions | 2 |
| of the qualifying patients. | 3 |
| (4) The number of registry identification cards | 4 |
| revoked. | 5 |
| (5) The number of practitioners providing written | 6 |
| certifications for qualifying patients. | 7 |
| (j) Where a state-funded or locally funded law enforcement | 8 |
| agency encounters an individual who, during the course of the | 9 |
| investigation, credibly asserts that he or she is a registered | 10 |
| qualifying patient or registered primary caregiver, the law | 11 |
| enforcement agency shall not provide any information from any | 12 |
| marijuana-related investigation of the person to any law | 13 |
| enforcement authority that does not recognize the protection of | 14 |
| this Act and any prosecution of the individual for a violation | 15 |
| of this Act shall be conducted pursuant to the laws of this | 16 |
| State. | 17 |
| Section 30. Scope of Act. | 18 |
| (a) This Act shall not permit any person to do any of the | 19 |
| following: | 20 |
| (1) Undertake any task under the influence of | 21 |
| marijuana, when doing so would constitute negligence or | 22 |
| professional malpractice. | 23 |
| (2) Possess marijuana, or otherwise engage in the | 24 |
| medical use of marijuana: | 25 |
| (A) in a school bus; |
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| (B) on the grounds of any preschool or primary or | 2 |
| secondary school; or | 3 |
| (C) in any correctional facility. | 4 |
| (3) Smoke marijuana: | 5 |
| (A) on any form of public transportation; or | 6 |
| (B) in any public place. | 7 |
| (4) Operate, navigate, or be in actual physical control | 8 |
| of any motor vehicle, aircraft, or motorboat while under | 9 |
| the influence of marijuana. However, a registered | 10 |
| qualifying patient shall not be considered to be under the | 11 |
| influence of marijuana solely because of the presence of | 12 |
| metabolites or components of marijuana that appear in | 13 |
| insufficient concentration to cause impairment. | 14 |
| (b) Nothing in this Act shall be construed to require: | 15 |
| (1) A government medical assistance program or private | 16 |
| health insurer to reimburse a person for costs associated | 17 |
| with the medical use of marijuana; or | 18 |
| (2) An employer to accommodate the ingestion of | 19 |
| marijuana in any workplace or any employee working while | 20 |
| under the influence of marijuana, provided that a | 21 |
| qualifying patient shall not be considered to be under the | 22 |
| influence of marijuana solely because of the presence of | 23 |
| metabolites or components of marijuana that appear in | 24 |
| insufficient concentration to cause impairment. | 25 |
| (c) Fraudulent representation to a law enforcement | 26 |
| official of any fact or circumstance relating to the medical |
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| use of marijuana to avoid arrest or prosecution is a petty | 2 |
| offense punishable by a fine of $500, which shall be in | 3 |
| addition to any other penalties that may apply for making a | 4 |
| false statement or for the use of marijuana other than use | 5 |
| undertaken pursuant to this Act. | 6 |
| Section 35. Affirmative defense and dismissal for medical | 7 |
| marijuana. | 8 |
| (a) Except as provided in Section 30, a patient and a | 9 |
| patient's primary caregiver, if any, may assert the medical | 10 |
| purpose for using marijuana as a defense to any prosecution | 11 |
| involving marijuana, and this defense shall be presumed valid | 12 |
| where the evidence shows that: | 13 |
| (1) A practitioner has stated that, in the | 14 |
| practitioner's professional opinion, after having | 15 |
| completed a full assessment of the patient's medical | 16 |
| history and current medical condition made in the course of | 17 |
| a bona fide practitioner-patient relationship, the patient | 18 |
| is likely to receive therapeutic or palliative benefit from | 19 |
| the medical use of marijuana to treat or alleviate the | 20 |
| patient's serious or debilitating medical condition or | 21 |
| symptoms associated with the patient's serious or | 22 |
| debilitating medical condition; and | 23 |
| (2) The patient and the patient's primary caregiver, if | 24 |
| any, were collectively in possession of a quantity of | 25 |
| marijuana that was not more than was reasonably necessary |
|
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| to ensure the uninterrupted availability of marijuana for | 2 |
| the purpose of treating or alleviating the patient's | 3 |
| serious or debilitating medical condition or symptoms | 4 |
| associated with the patient's serious or debilitating | 5 |
| medical condition; and | 6 |
| (3) The patient and the patient's primary caregiver, if | 7 |
| any, were engaged in the acquisition, possession, | 8 |
| cultivation, manufacture, use, delivery, transfer, or | 9 |
| transportation of marijuana or paraphernalia relating to | 10 |
| the administration of marijuana to treat or alleviate the | 11 |
| patient's serious or debilitating medical condition or | 12 |
| symptoms associated with the patient's serious or | 13 |
| debilitating medical condition. | 14 |
| (b) A person may assert the medical purpose for using | 15 |
| marijuana in a motion to dismiss, and the charges shall be | 16 |
| dismissed following an evidentiary hearing where the person | 17 |
| shows the elements listed in subsection (a). | 18 |
| (c) If a patient or a patient's primary caregiver | 19 |
| demonstrates the patient's medical purpose for using marijuana | 20 |
| pursuant to this Section, the patient and the patient's primary | 21 |
| caregiver shall not be subject to the following for the | 22 |
| patient's use of marijuana for medical purposes: | 23 |
| (1) disciplinary action by a business or occupational | 24 |
| or professional licensing board or bureau; or | 25 |
| (2) forfeiture of any interest in or right to property. |
|
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| Section 40. Enforcement of this Act. | 2 |
| (a) If the Department fails to adopt rules to implement | 3 |
| this Act within 120 days of the effective date of this Act, a | 4 |
| qualifying patient may commence an action in the Circuit Court | 5 |
| to compel the Department to perform the actions mandated | 6 |
| pursuant to the provisions of this Act. | 7 |
| (b) If the Department fails to issue a valid registry | 8 |
| identification card in response to a valid application or | 9 |
| renewal submitted pursuant to this Act within 20 days of its | 10 |
| submission, the registry identification card shall be deemed | 11 |
| granted, and a copy of the registry identification application | 12 |
| or renewal shall be deemed a valid registry identification | 13 |
| card. | 14 |
| (c) If at any time after the 140 days following the | 15 |
| effective date of this Act the Department is not accepting | 16 |
| applications, including if it has not created rules allowing | 17 |
| qualifying patients to submit applications, a notarized | 18 |
| statement by a qualifying patient containing the information | 19 |
| required in an application, pursuant to clauses (a)(2) through | 20 |
| (a)(5) of Section 25 together with a written certification | 21 |
| shall be deemed a valid registry identification card. | 22 |
| | 23 |
| Section 45. Medical marijuana organization. | 24 |
| (a) Definition. For purposes of this Section, "medical | 25 |
| marijuana organization" means an entity registered under this |
|
|
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| Section that acquires, possesses, cultivates, manufactures, | 2 |
| delivers, transfers, transports, supplies, or dispenses | 3 |
| marijuana, or related supplies and educational materials, to | 4 |
| registered qualifying patients and their registered primary | 5 |
| caregivers. A medical marijuana organization is a primary | 6 |
| caregiver. All provisions of this Act pertaining to a primary | 7 |
| caregiver shall apply to a medical marijuana organization | 8 |
| unless they conflict with a provision contained in this | 9 |
| Section. A medical marijuana organization shall supply | 10 |
| marijuana to any number of registered qualifying patients who | 11 |
| have designated it as one of their primary caregivers. | 12 |
| (b) Registration requirements. | 13 |
| (1) The Department shall register a medical marijuana | 14 |
| organization and issue a registration certificate within | 15 |
| 20 days to any person or entity that provides: | 16 |
| (A) A fee paid to the Department in the amount of | 17 |
| $5,000; | 18 |
| (B) The legal name of the medical marijuana | 19 |
| organization; | 20 |
| (C) The physical address of the medical marijuana | 21 |
| organization and the physical address of one | 22 |
| additional location, if any, where marijuana will be | 23 |
| cultivated; | 24 |
| (D) The name, address, and date of birth of each | 25 |
| principal officer and board member of the medical | 26 |
| marijuana organization; |
|
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| (E) The name, address, and date of birth of any | 2 |
| person who is an agent of or employed by the medical | 3 |
| marijuana organization. | 4 |
| (2) The Department shall track the number of registered | 5 |
| qualifying patients who designate each medical marijuana | 6 |
| organization as a primary caregiver, and issue a written | 7 |
| statement to the medical marijuana organization of the | 8 |
| number of qualifying patients who have designated the | 9 |
| medical marijuana organization to serve as a primary | 10 |
| caregiver for them. This statement shall be updated each | 11 |
| time a new registered qualifying patient designates the | 12 |
| medical marijuana organization or ceases to designate the | 13 |
| medical marijuana organization and may be transmitted | 14 |
| electronically if the Department's rules so provide. The | 15 |
| Department may provide by rule that the updated written | 16 |
| statements will not be issued more frequently than twice | 17 |
| each week. | 18 |
| (3) The Department shall issue each principal officer, | 19 |
| board member, agent, and employee of a medical marijuana | 20 |
| organization a registry identification card within 10 days | 21 |
| of receipt of the person's name, address, date of birth, | 22 |
| and a fee in an amount established by the Department. Each | 23 |
| card shall specify that the cardholder is a principal | 24 |
| officer, board member, agent, or employee of a medical | 25 |
| marijuana organization and shall contain the following: | 26 |
| (A) The name, address, and date of birth of the |
|
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| principal officer, board member, agent or employee; | 2 |
| (B) The legal name of the medical marijuana | 3 |
| organization to which the principal officer, board | 4 |
| member, agent, or employee is affiliated; | 5 |
| (C) A random identification number that is unique | 6 |
| to the cardholder; | 7 |
| (D) The date of issuance and expiration date of the | 8 |
| registry identification card; and | 9 |
| (E) A photograph, if the Department decides to | 10 |
| require one. | 11 |
| (4) The Department shall not issue a registry | 12 |
| identification card to any principal officer, board | 13 |
| member, agent, or employee of a medical marijuana | 14 |
| organization who has been convicted of a felony drug | 15 |
| offense. The Department may conduct a background check of | 16 |
| each principal officer, board member, agent, or employee in | 17 |
| order to carry out this provision. The Department shall | 18 |
| notify the medical marijuana organization in writing of the | 19 |
| purpose for denying the registry identification card. | 20 |
| However, the Department shall grant such person a registry | 21 |
| identification card if the Department determines that the | 22 |
| person's conviction was for the medical use of marijuana or | 23 |
| assisting with the medical use of marijuana. | 24 |
| (c) Authority of the Department. Not later than 120 days | 25 |
| after the effective date of this Act, the Department shall | 26 |
| promulgate rules governing the manner in which it shall |
|
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| 1 |
| consider applications for and renewals of registration | 2 |
| certificates for medical marijuana organizations, including | 3 |
| rules governing: | 4 |
| (1) The form and content of registration and renewal | 5 |
| applications; | 6 |
| (2) Minimum oversight requirements for medical | 7 |
| marijuana organizations; | 8 |
| (3) Minimum record-keeping requirements for medical | 9 |
| marijuana organizations; | 10 |
| (4) Minimum security requirements for medical | 11 |
| marijuana organizations; and | 12 |
| (5) Procedures for suspending or terminating the | 13 |
| registration of medical marijuana organizations that | 14 |
| violate the provisions of this Section or the rules | 15 |
| promulgated pursuant to this subsection. | 16 |
| (d) Expiration. A medical marijuana organization | 17 |
| registration certificate and the registry identification card | 18 |
| for each principal officer, board member, agent, or employee | 19 |
| shall expire one year after the date of issuance. The | 20 |
| Department shall issue a renewal medical marijuana | 21 |
| organization registration certificate and renewal registry | 22 |
| identification cards within 10 days to any person who complies | 23 |
| with the requirements contained in subsection (b) of this | 24 |
| Section. | 25 |
| (e) Inspection. Medical marijuana organizations are | 26 |
| subject to reasonable inspection by the Department. |
|
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| (f) Medical marijuana organization requirements. | 2 |
| (1) A medical marijuana organization may not be located | 3 |
| within 500 feet of the property line of a preexisting | 4 |
| public or private school. | 5 |
| (2) A medical marijuana organization shall notify the | 6 |
| Department within 10 days of when a principal officer, | 7 |
| board member, agent, or employee ceases to work at the | 8 |
| medical marijuana organization. | 9 |
| (3) A medical marijuana organization shall notify the | 10 |
| Department in writing of the name, address, and date of | 11 |
| birth of any new principal officer, board member, agent, or | 12 |
| employee and shall submit a fee in an amount established by | 13 |
| the Department for a new registry identification card | 14 |
| before a new agent or employee begins working at the | 15 |
| medical marijuana organization. | 16 |
| (4) A medical marijuana organization shall implement | 17 |
| appropriate security measures to deter and prevent | 18 |
| unauthorized entrance into areas containing marijuana and | 19 |
| the theft of marijuana. | 20 |
| (5) The operating documents of a medical marijuana | 21 |
| organization shall include procedures for the oversight of | 22 |
| the medical marijuana organization and procedures to | 23 |
| ensure accurate record keeping. | 24 |
| (6) A medical marijuana organization is prohibited | 25 |
| from acquiring, possessing, cultivating, manufacturing, | 26 |
| delivering, transferring, transporting, supplying, or |
|
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| 1 |
| dispensing marijuana for any purpose except to assist | 2 |
| registered qualifying patients with the medical use of | 3 |
| marijuana directly or through the qualifying patients' | 4 |
| other primary caregiver. | 5 |
| (7) All principal officers and board members of a | 6 |
| medical marijuana organization must be residents of the | 7 |
| State of Illinois. | 8 |
| (g) Immunity. | 9 |
| (1) No registered medical marijuana organization shall | 10 |
| be subject to prosecution, search, seizure, or penalty in | 11 |
| any manner or denied any right or privilege, including but | 12 |
| not limited to, civil penalty or disciplinary action by a | 13 |
| business, occupational, or professional licensing board or | 14 |
| entity, solely for acting in accordance with this Section | 15 |
| to assist registered qualifying patients to whom it is | 16 |
| connected through the Department's registration process | 17 |
| with the medical use of marijuana. | 18 |
| (2) No principal officers, board members, agents, or | 19 |
| employees of a registered medical marijuana organization | 20 |
| shall be subject to arrest, prosecution, search, seizure, | 21 |
| or penalty in any manner or denied any right or privilege, | 22 |
| including but not limited to civil penalty or disciplinary | 23 |
| action by a business, occupational, or professional | 24 |
| licensing board or entity, solely for working for or with a | 25 |
| medical marijuana organization in accordance with this | 26 |
| Act. |
|
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| 1 |
| (h) Prohibitions. | 2 |
| (1) A medical marijuana organization may not possess an | 3 |
| amount of marijuana that exceeds the total of the allowable | 4 |
| amounts of marijuana for the registered qualifying | 5 |
| patients for whom the medical marijuana organization is a | 6 |
| registered primary caregiver. | 7 |
| (2) A medical marijuana organization may not dispense, | 8 |
| deliver, or otherwise transfer marijuana to a person other | 9 |
| than a qualifying patient who has designated the medical | 10 |
| marijuana organization as a primary caregiver or to such | 11 |
| patient's primary caregiver. | 12 |
| (3) A medical marijuana organization may not obtain | 13 |
| marijuana from outside the State of Illinois. | 14 |
| (4) A person convicted of violating paragraph (2) of | 15 |
| this subsection may not be an employee, agent, principal | 16 |
| officer, or board member of any medical marijuana | 17 |
| organization, and such person's registry identification | 18 |
| card shall be immediately revoked. | 19 |
| (5) No person who has been convicted of a felony drug | 20 |
| offense may be the principal officer, board member, agent, | 21 |
| or employee of a medical marijuana organization unless the | 22 |
| Department has determined that the person's conviction was | 23 |
| for the medical use of marijuana or assisting with the | 24 |
| medical use of marijuana and issued the person a registry | 25 |
| identification card as provided under subsection (b)(3). A | 26 |
| person who is employed by or is an agent, principal |
|
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LRB095 20021 RLC 49415 a |
|
| 1 |
| officer, or board member of a medical marijuana | 2 |
| organization in violation of this Section is guilty of a | 3 |
| civil violation punishable by a fine of up to $1,000. A | 4 |
| subsequent violation of this Section is a Class B | 5 |
| misdemeanor. | 6 |
| Section 50. Repeal of Act. This Act is repealed 3 years | 7 |
| after its effective date. | 8 |
| Section 95. The Cannabis Control Act is amended by changing | 9 |
| Section 8 as follows:
| 10 |
| (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| 11 |
| Sec. 8. (1) It is unlawful for any person knowingly to | 12 |
| produce the
cannabis sativa plant or to possess such plants or | 13 |
| to deliver such plants unless production or possession
has been | 14 |
| authorized pursuant to the provisions of the Compassionate Use | 15 |
| of Medical Marijuana Pilot Program Act Section 11 of the Act .
| 16 |
| Any person who violates this Section with respect to production | 17 |
| or possession of:
| 18 |
| (a) Not more than 5 plants is guilty of a Class A | 19 |
| misdemeanor , except that a violation under paragraph (2) of | 20 |
| this Section is a Class 4 felony .
| 21 |
| (b) More than 5, but not more than 20 plants, is guilty
of | 22 |
| a Class 4 felony , except that a violation under paragraph (2) | 23 |
| of this Section is a Class 3 felony .
|
|
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| 1 |
| (c) More than 20, but not more than 50 plants, is
guilty of | 2 |
| a Class 3 felony.
| 3 |
| (d) More than 50, but not more than 200 plants, is guilty | 4 |
| of a Class 2 felony , except that a violation under paragraph | 5 |
| (2) of this Section is a Class 1 felony, for which
a fine not to | 6 |
| exceed $100,000 may be imposed and for which liability for
the | 7 |
| cost of conducting the investigation and eradicating such | 8 |
| plants may be
assessed. Compensation for expenses incurred in | 9 |
| the enforcement of this
provision shall be transmitted to and | 10 |
| deposited in the treasurer's office
at the level of government | 11 |
| represented by the Illinois law enforcement
agency whose | 12 |
| officers or employees conducted the investigation or caused
the | 13 |
| arrest or arrests leading to the prosecution, to be | 14 |
| subsequently made
available to that law enforcement agency as | 15 |
| expendable receipts for use in
the enforcement of laws | 16 |
| regulating controlled substances and cannabis. If
such seizure | 17 |
| was made by a combination of law enforcement personnel
| 18 |
| representing different levels of government, the court levying | 19 |
| the
assessment shall determine the allocation of such | 20 |
| assessment. The proceeds
of assessment awarded to the State | 21 |
| treasury shall be deposited in a special
fund known as the Drug | 22 |
| Traffic Prevention Fund. | 23 |
| (e) More than 200 plants is guilty of a Class 1 felony , | 24 |
| except that a violation under paragraph (2) of this Section is | 25 |
| a Class X felony, for which
a fine not to exceed $100,000 may | 26 |
| be imposed and for which liability for
the cost of conducting |
|
|
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| 1 |
| the investigation and eradicating such plants may be
assessed. | 2 |
| Compensation for expenses incurred in the enforcement of this
| 3 |
| provision shall be transmitted to and deposited in the | 4 |
| treasurer's office
at the level of government represented by | 5 |
| the Illinois law enforcement
agency whose officers or employees | 6 |
| conducted the investigation or caused
the arrest or arrests | 7 |
| leading to the prosecution, to be subsequently made
available | 8 |
| to that law enforcement agency as expendable receipts for use | 9 |
| in
the enforcement of laws regulating controlled substances and | 10 |
| cannabis. If
such seizure was made by a combination of law | 11 |
| enforcement personnel
representing different levels of | 12 |
| government, the court levying the
assessment shall determine | 13 |
| the allocation of such assessment. The proceeds
of assessment | 14 |
| awarded to the State treasury shall be deposited in a special
| 15 |
| fund known as the Drug Traffic Prevention Fund.
| 16 |
| (2) Any person authorized pursuant to the provisions of the | 17 |
| Compassionate Use of Medical Marijuana Pilot Program Act to | 18 |
| produce or possess the cannabis sativa plant, who knowingly | 19 |
| produces the cannabis sativa plant or possesses such plants or | 20 |
| delivers such plants except as provided for in the | 21 |
| Compassionate Use of Medical Marijuana Pilot Program Act, is | 22 |
| guilty of violating this Section. Any violation of this | 23 |
| paragraph (2) shall be punished according to the number of | 24 |
| plants involved in the violation as provided in paragraph (1) | 25 |
| of this Section. | 26 |
| (Source: P.A. 95-247, eff. 1-1-08.)
|
|
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| 1 |
| (720 ILCS 550/11 rep.)
| 2 |
| (720 ILCS 550/15 rep.)
| 3 |
| Section 96. The Cannabis Control Act is amended by | 4 |
| repealing Sections 11 and 15. | 5 |
| Section 97. Severability. The provisions of this Act are | 6 |
| severable under Section 1.31 of the Statute on Statutes.
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
|
|