Full Text of SB0033 99th General Assembly
SB0033ham003 99TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/29/2015
| | 09900SB0033ham003 | | LRB099 03697 JLK 36371 a |
|
| 1 | | AMENDMENT TO SENATE BILL 33
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 33 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Compassionate Use of Medical Cannabis Pilot | 5 | | Program Act is amended by changing Section 10 as follows: | 6 | | (410 ILCS 130/10) | 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 10. Definitions. The following terms, as used in this | 9 | | Act, shall have the meanings set forth in this Section:
| 10 | | (a) "Adequate supply" means:
| 11 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 12 | | days and that is derived solely from an intrastate source.
| 13 | | (2) Subject to the rules of the Department of Public | 14 | | Health, a patient may apply for a waiver where a physician | 15 | | provides a substantial medical basis in a signed, written | 16 | | statement asserting that, based on the patient's medical |
| | | 09900SB0033ham003 | - 2 - | LRB099 03697 JLK 36371 a |
|
| 1 | | history, in the physician's professional judgment, 2.5 | 2 | | ounces is an insufficient adequate supply for a 14-day | 3 | | period to properly alleviate the patient's debilitating | 4 | | medical condition or symptoms associated with the | 5 | | debilitating medical condition.
| 6 | | (3) This subsection may not be construed to authorize | 7 | | the possession of more than 2.5 ounces at any time without | 8 | | authority from the Department of Public Health.
| 9 | | (4) The pre-mixed weight of medical cannabis used in | 10 | | making a cannabis infused product shall apply toward the | 11 | | limit on the total amount of medical cannabis a registered | 12 | | qualifying patient may possess at any one time. | 13 | | (b) "Cannabis" has the meaning given that term in Section 3 | 14 | | of the Cannabis Control Act.
| 15 | | (c) "Cannabis plant monitoring system" means a system that | 16 | | includes, but is not limited to, testing and data collection | 17 | | established and maintained by the registered cultivation | 18 | | center and available to the Department for the purposes of | 19 | | documenting each cannabis plant and for monitoring plant | 20 | | development throughout the life cycle of a cannabis plant | 21 | | cultivated for the intended use by a qualifying patient from | 22 | | seed planting to final packaging.
| 23 | | (d) "Cardholder" means a qualifying patient or a designated | 24 | | caregiver who has been issued and possesses a valid registry | 25 | | identification card by the Department of Public Health.
| 26 | | (e) "Cultivation center" means a facility operated by an |
| | | 09900SB0033ham003 | - 3 - | LRB099 03697 JLK 36371 a |
|
| 1 | | organization or business that is registered by the Department | 2 | | of Agriculture to perform necessary activities to provide only | 3 | | registered medical cannabis dispensing organizations with | 4 | | usable medical cannabis.
| 5 | | (f) "Cultivation center agent" means a principal officer, | 6 | | board member, employee, or agent of a registered cultivation | 7 | | center who is 21 years of age or older and has not been | 8 | | convicted of an excluded offense.
| 9 | | (g) "Cultivation center agent identification card" means a | 10 | | document issued by the Department of Agriculture that | 11 | | identifies a person as a cultivation center agent.
| 12 | | (h) "Debilitating medical condition" means one or more of | 13 | | the following: | 14 | | (1) cancer, glaucoma, positive status for human | 15 | | immunodeficiency virus, acquired immune deficiency | 16 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 17 | | Crohn's disease, agitation of Alzheimer's disease, | 18 | | cachexia/wasting syndrome, muscular dystrophy, severe | 19 | | fibromyalgia, spinal cord disease, including but not | 20 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 21 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | 22 | | spinal cord injury, traumatic brain injury and | 23 | | post-concussion syndrome, Multiple Sclerosis, | 24 | | Arnold-Chiari malformation and Syringomyelia, | 25 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | 26 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD |
| | | 09900SB0033ham003 | - 4 - | LRB099 03697 JLK 36371 a |
|
| 1 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | 2 | | (Complex Regional Pain Syndromes Type II), | 3 | | Neurofibromatosis, Chronic Inflammatory Demyelinating | 4 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | 5 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | 6 | | syndrome, residual limb pain, post-traumatic stress | 7 | | disorder, seizures (including those characteristic of | 8 | | epilepsy), or the treatment of these conditions; or
| 9 | | (2) any other debilitating medical condition or its | 10 | | treatment that is added by the Department of Public Health | 11 | | by rule as provided in Section 45. | 12 | | (i) "Designated caregiver" means a person who: (1) is at | 13 | | least 21 years of age; (2) has agreed to assist with a | 14 | | patient's medical use of cannabis; (3) has not been convicted | 15 | | of an excluded offense; and (4) assists no more than one | 16 | | registered qualifying patient with his or her medical use of | 17 | | cannabis.
| 18 | | (j) "Dispensing organization agent identification card" | 19 | | means a document issued by the Department of Financial and | 20 | | Professional Regulation that identifies a person as a medical | 21 | | cannabis dispensing organization agent.
| 22 | | (k) "Enclosed, locked facility" means a room, greenhouse, | 23 | | building, or other enclosed area equipped with locks or other | 24 | | security devices that permit access only by a cultivation | 25 | | center's agents or a dispensing organization's agent working | 26 | | for the registered cultivation center or the registered |
| | | 09900SB0033ham003 | - 5 - | LRB099 03697 JLK 36371 a |
|
| 1 | | dispensing organization to cultivate, store, and distribute | 2 | | cannabis for registered qualifying patients.
| 3 | | (l) "Excluded offense" means:
| 4 | | (1) a violent crime defined in Section 3 of the Rights | 5 | | of Crime Victims and Witnesses Act or a substantially | 6 | | similar offense that was classified as a felony in the | 7 | | jurisdiction where the person was convicted; or
| 8 | | (2) a violation of a state or federal controlled | 9 | | substance law that was classified as a felony in the | 10 | | jurisdiction where the person was convicted, except that | 11 | | the registering Department may waive this restriction if | 12 | | the person demonstrates to the registering Department's | 13 | | satisfaction that his or her conviction was for the | 14 | | possession, cultivation, transfer, or delivery of a | 15 | | reasonable amount of cannabis intended for medical use. | 16 | | This exception does not apply if the conviction was under | 17 | | state law and involved a violation of an existing medical | 18 | | cannabis law.
| 19 | | (m) "Medical cannabis cultivation center registration" | 20 | | means a registration issued by the Department of Agriculture. | 21 | | (n) "Medical cannabis container" means a sealed, | 22 | | traceable, food compliant, tamper resistant, tamper evident | 23 | | container, or package used for the purpose of containment of | 24 | | medical cannabis from a cultivation center to a dispensing | 25 | | organization.
| 26 | | (o) "Medical cannabis dispensing organization", or |
| | | 09900SB0033ham003 | - 6 - | LRB099 03697 JLK 36371 a |
|
| 1 | | "dispensing organization", or "dispensary organization" means | 2 | | a facility operated by an organization or business that is | 3 | | registered by the Department of Financial and Professional | 4 | | Regulation to acquire medical cannabis from a registered | 5 | | cultivation center for the purpose of dispensing cannabis, | 6 | | paraphernalia, or related supplies and educational materials | 7 | | to registered qualifying patients.
| 8 | | (p) "Medical cannabis dispensing organization agent" or | 9 | | "dispensing organization agent" means a principal officer, | 10 | | board member, employee, or agent of a registered medical | 11 | | cannabis dispensing organization who is 21 years of age or | 12 | | older and has not been convicted of an excluded offense.
| 13 | | (q) "Medical cannabis infused product" means food, oils, | 14 | | ointments, or other products containing usable cannabis that | 15 | | are not smoked.
| 16 | | (r) "Medical use" means the acquisition; administration; | 17 | | delivery; possession; transfer; transportation; or use of | 18 | | cannabis to treat or alleviate a registered qualifying | 19 | | patient's debilitating medical condition or symptoms | 20 | | associated with the patient's debilitating medical condition.
| 21 | | (s) "Physician" means a doctor of medicine or doctor of | 22 | | osteopathy licensed under the Medical Practice Act of 1987 to | 23 | | practice medicine and who has a controlled substances license | 24 | | under Article III of the Illinois Controlled Substances Act. It | 25 | | does not include a licensed practitioner under any other Act | 26 | | including but not limited to the Illinois Dental Practice Act.
|
| | | 09900SB0033ham003 | - 7 - | LRB099 03697 JLK 36371 a |
|
| 1 | | (t) "Qualifying patient" means a person who has been | 2 | | diagnosed by a physician as having a debilitating medical | 3 | | condition.
| 4 | | (u) "Registered" means licensed, permitted, or otherwise | 5 | | certified by the Department of Agriculture, Department of | 6 | | Public Health, or Department of Financial and Professional | 7 | | Regulation.
| 8 | | (v) "Registry identification card" means a document issued | 9 | | by the Department of Public Health that identifies a person as | 10 | | a registered qualifying patient or registered designated | 11 | | caregiver.
| 12 | | (w) "Usable cannabis" means the seeds, leaves, buds, and | 13 | | flowers of the cannabis plant and any mixture or preparation | 14 | | thereof, but does not include the stalks, and roots of the | 15 | | plant. It does not include the weight of any non-cannabis | 16 | | ingredients combined with cannabis, such as ingredients added | 17 | | to prepare a topical administration, food, or drink.
| 18 | | (x) "Verification system" means a Web-based system | 19 | | established and maintained by the Department of Public Health | 20 | | that is available to the Department of Agriculture, the | 21 | | Department of Financial and Professional Regulation, law | 22 | | enforcement personnel, and registered medical cannabis | 23 | | dispensing organization agents on a 24-hour basis for the | 24 | | verification of registry
identification cards, the tracking of | 25 | | delivery of medical cannabis to medical cannabis dispensing | 26 | | organizations, and the tracking of the date of sale, amount, |
| | | 09900SB0033ham003 | - 8 - | LRB099 03697 JLK 36371 a |
|
| 1 | | and price of medical cannabis purchased by a registered | 2 | | qualifying patient.
| 3 | | (y) "Written certification" means a document dated and | 4 | | signed by a physician, stating (1) that in the physician's | 5 | | professional opinion the patient is likely to receive | 6 | | therapeutic or palliative benefit from the medical use of | 7 | | cannabis to treat or alleviate the patient's debilitating | 8 | | medical condition or symptoms associated with the debilitating | 9 | | medical condition; (2) that the qualifying patient has a | 10 | | debilitating medical condition and specifying the debilitating | 11 | | medical condition the qualifying patient has; and (3) that the | 12 | | patient is under the physician's care for the debilitating | 13 | | medical condition. A written certification shall be made only | 14 | | in the course of a bona fide physician-patient relationship, | 15 | | after the physician has completed an assessment of the | 16 | | qualifying patient's medical history, reviewed relevant | 17 | | records related to the patient's debilitating condition, and | 18 | | conducted a physical examination. | 19 | | A veteran who has received treatment at a VA hospital shall | 20 | | be deemed to have a bona fide physician-patient relationship | 21 | | with a VA physician if the patient has been seen for his or her | 22 | | debilitating medical condition at the VA Hospital in accordance | 23 | | with VA Hospital protocols. | 24 | | A bona fide physician-patient relationship under this | 25 | | subsection is a privileged communication within the meaning of | 26 | | Section 8-802 of the Code of Civil Procedure.
|
| | | 09900SB0033ham003 | - 9 - | LRB099 03697 JLK 36371 a |
|
| 1 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 2 | | Section 10. The Firearm Owners Identification Card Act is | 3 | | amended by changing Section 1.1 as follows:
| 4 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 5 | | Sec. 1.1. For purposes of this Act:
| 6 | | "Addicted to narcotics" means a person who has been: | 7 | | (1) convicted of an offense involving the use or | 8 | | possession of cannabis, a controlled substance, or | 9 | | methamphetamine within the past year; or | 10 | | (2) determined by the Department of State Police to be | 11 | | addicted to narcotics based upon federal law or federal | 12 | | guidelines. | 13 | | "Addicted to narcotics" does not include possession or use | 14 | | of a prescribed controlled substance under the direction and | 15 | | authority of a physician or other person authorized to | 16 | | prescribe the controlled substance when the controlled | 17 | | substance is used in the prescribed manner. | 18 | | Notwithstanding any other provision of this Act, federal | 19 | | law, or federal guidelines, the determination of whether a | 20 | | person is addicted to narcotics shall not be based on the | 21 | | status of the person as a registered qualifying patient or | 22 | | registered caregiver under the Compassionate Use of Medical | 23 | | Cannabis Pilot Program Act. | 24 | | "Adjudicated as a mentally disabled person" means the |
| | | 09900SB0033ham003 | - 10 - | LRB099 03697 JLK 36371 a |
|
| 1 | | person is the subject of a determination by a court, board, | 2 | | commission or other lawful authority that the person, as a | 3 | | result of marked subnormal intelligence, or mental illness, | 4 | | mental impairment, incompetency, condition, or disease: | 5 | | (1) presents a clear and present danger to himself, | 6 | | herself, or to others; | 7 | | (2) lacks the mental capacity to manage his or her own | 8 | | affairs or is adjudicated a disabled person as defined in | 9 | | Section 11a-2 of the Probate Act of 1975; | 10 | | (3) is not guilty in a criminal case by reason of | 11 | | insanity, mental disease or defect; | 12 | | (3.5) is guilty but mentally ill, as provided in | 13 | | Section 5-2-6 of the Unified Code of Corrections; | 14 | | (4) is incompetent to stand trial in a criminal case; | 15 | | (5) is not guilty by reason of lack of mental | 16 | | responsibility under Articles 50a and 72b of the Uniform | 17 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 18 | | (6) is a sexually violent person under subsection (f) | 19 | | of Section 5 of the Sexually Violent Persons Commitment | 20 | | Act; | 21 | | (7) is a sexually dangerous person under the Sexually | 22 | | Dangerous Persons Act; | 23 | | (8) is unfit to stand trial under the Juvenile Court | 24 | | Act of 1987; | 25 | | (9) is not guilty by reason of insanity under the | 26 | | Juvenile Court Act of 1987; |
| | | 09900SB0033ham003 | - 11 - | LRB099 03697 JLK 36371 a |
|
| 1 | | (10) is subject to involuntary admission as an | 2 | | inpatient as defined in Section 1-119 of the Mental Health | 3 | | and Developmental Disabilities Code; | 4 | | (11) is subject to involuntary admission as an | 5 | | outpatient as defined in Section 1-119.1 of the Mental | 6 | | Health and Developmental Disabilities Code; | 7 | | (12) is subject to judicial admission as set forth in | 8 | | Section 4-500 of the Mental Health and Developmental | 9 | | Disabilities Code; or | 10 | | (13) is subject to the provisions of the Interstate | 11 | | Agreements on Sexually Dangerous Persons Act. | 12 | | "Clear and present danger" means a person who: | 13 | | (1) communicates a serious threat of physical violence | 14 | | against a reasonably identifiable victim or poses a clear | 15 | | and imminent risk of serious physical injury to himself, | 16 | | herself, or another person as determined by a physician, | 17 | | clinical psychologist, or qualified examiner; or | 18 | | (2) demonstrates threatening physical or verbal | 19 | | behavior, such as violent, suicidal, or assaultive | 20 | | threats, actions, or other behavior, as determined by a | 21 | | physician, clinical psychologist, qualified examiner, | 22 | | school administrator, or law enforcement official. | 23 | | "Clinical psychologist" has the meaning provided in | 24 | | Section 1-103 of the Mental Health and Developmental | 25 | | Disabilities Code. | 26 | | "Controlled substance" means a controlled substance or |
| | | 09900SB0033ham003 | - 12 - | LRB099 03697 JLK 36371 a |
|
| 1 | | controlled substance analog as defined in the Illinois | 2 | | Controlled Substances Act. | 3 | | "Counterfeit" means to copy or imitate, without legal | 4 | | authority, with
intent
to deceive. | 5 | | "Developmentally disabled" means a disability which is | 6 | | attributable to any other condition which results in impairment | 7 | | similar to that caused by an intellectual disability and which | 8 | | requires services similar to those required by intellectually | 9 | | disabled persons. The disability must originate before the age | 10 | | of 18
years, be expected to continue indefinitely, and | 11 | | constitute a substantial handicap. | 12 | | "Federally licensed firearm dealer" means a person who is | 13 | | licensed as a federal firearms dealer under Section 923 of the | 14 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 15 | | "Firearm" means any device, by
whatever name known, which | 16 | | is designed to expel a projectile or projectiles
by the action | 17 | | of an explosion, expansion of gas or escape of gas; excluding,
| 18 | | however:
| 19 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 20 | | B-B gun which
expels a single globular projectile not | 21 | | exceeding .18 inch in
diameter or which has a maximum | 22 | | muzzle velocity of less than 700 feet
per second;
| 23 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 24 | | B-B gun which expels breakable paint balls containing | 25 | | washable marking colors;
| 26 | | (2) any device used exclusively for signalling or |
| | | 09900SB0033ham003 | - 13 - | LRB099 03697 JLK 36371 a |
|
| 1 | | safety and required or
recommended by the United States | 2 | | Coast Guard or the Interstate Commerce
Commission;
| 3 | | (3) any device used exclusively for the firing of stud | 4 | | cartridges,
explosive rivets or similar industrial | 5 | | ammunition; and
| 6 | | (4) an antique firearm (other than a machine-gun) | 7 | | which, although
designed as a weapon, the Department of | 8 | | State Police finds by reason of
the date of its | 9 | | manufacture, value, design, and other characteristics is
| 10 | | primarily a collector's item and is not likely to be used | 11 | | as a weapon.
| 12 | | "Firearm ammunition" means any self-contained cartridge or | 13 | | shotgun
shell, by whatever name known, which is designed to be | 14 | | used or adaptable to
use in a firearm; excluding, however:
| 15 | | (1) any ammunition exclusively designed for use with a | 16 | | device used
exclusively for signalling or safety and | 17 | | required or recommended by the
United States Coast Guard or | 18 | | the Interstate Commerce Commission; and
| 19 | | (2) any ammunition designed exclusively for use with a | 20 | | stud or rivet
driver or other similar industrial | 21 | | ammunition. | 22 | | "Gun show" means an event or function: | 23 | | (1) at which the sale and transfer of firearms is the | 24 | | regular and normal course of business and where 50 or more | 25 | | firearms are displayed, offered, or exhibited for sale, | 26 | | transfer, or exchange; or |
| | | 09900SB0033ham003 | - 14 - | LRB099 03697 JLK 36371 a |
|
| 1 | | (2) at which not less than 10 gun show vendors display, | 2 | | offer, or exhibit for sale, sell, transfer, or exchange | 3 | | firearms.
| 4 | | "Gun show" includes the entire premises provided for an | 5 | | event or function, including parking areas for the event or | 6 | | function, that is sponsored to facilitate the purchase, sale, | 7 | | transfer, or exchange of firearms as described in this Section.
| 8 | | "Gun show" does not include training or safety classes, | 9 | | competitive shooting events, such as rifle, shotgun, or handgun | 10 | | matches, trap, skeet, or sporting clays shoots, dinners, | 11 | | banquets, raffles, or
any other event where the sale or | 12 | | transfer of firearms is not the primary course of business. | 13 | | "Gun show promoter" means a person who organizes or | 14 | | operates a gun show. | 15 | | "Gun show vendor" means a person who exhibits, sells, | 16 | | offers for sale, transfers, or exchanges any firearms at a gun | 17 | | show, regardless of whether the person arranges with a gun show | 18 | | promoter for a fixed location from which to exhibit, sell, | 19 | | offer for sale, transfer, or exchange any firearm. | 20 | | "Intellectually disabled" means significantly subaverage | 21 | | general intellectual functioning which exists concurrently | 22 | | with impairment in adaptive behavior and which originates | 23 | | before the age of 18 years. | 24 | | "Involuntarily admitted" has the meaning as prescribed in | 25 | | Sections 1-119 and 1-119.1 of the Mental Health and | 26 | | Developmental Disabilities Code. |
| | | 09900SB0033ham003 | - 15 - | LRB099 03697 JLK 36371 a |
|
| 1 | | "Mental health facility" means any licensed private | 2 | | hospital or hospital affiliate, institution, or facility, or | 3 | | part thereof, and any facility, or part thereof, operated by | 4 | | the State or a political subdivision thereof which provide | 5 | | treatment of persons with mental illness and includes all | 6 | | hospitals, institutions, clinics, evaluation facilities, | 7 | | mental health centers, colleges, universities, long-term care | 8 | | facilities, and nursing homes, or parts thereof, which provide | 9 | | treatment of persons with mental illness whether or not the | 10 | | primary purpose is to provide treatment of persons with mental | 11 | | illness. | 12 | | "Patient" means: | 13 | | (1) a person who voluntarily receives mental health | 14 | | treatment as an in-patient or resident of any public or | 15 | | private mental health facility, unless the treatment was | 16 | | solely for an alcohol abuse disorder and no other secondary | 17 | | substance abuse disorder or mental illness; or | 18 | | (2) a person who voluntarily receives mental health | 19 | | treatment as an out-patient or is provided services by a | 20 | | public or private mental health facility, and who poses a | 21 | | clear and present danger to himself, herself, or to others. | 22 | | "Physician" has the meaning as defined in Section 1-120 of | 23 | | the Mental Health and Developmental Disabilities Code. | 24 | | "Qualified examiner" has the meaning provided in Section | 25 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 26 | | "Sanctioned competitive shooting event" means a shooting |
| | | 09900SB0033ham003 | - 16 - | LRB099 03697 JLK 36371 a |
|
| 1 | | contest officially recognized by a national or state shooting | 2 | | sport association, and includes any sight-in or practice | 3 | | conducted in conjunction with the event.
| 4 | | "School administrator" means the person required to report | 5 | | under the School Administrator Reporting of Mental Health Clear | 6 | | and Present Danger Determinations Law. | 7 | | "Stun gun or taser" has the meaning ascribed to it in | 8 | | Section 24-1 of the Criminal Code of 2012. | 9 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | 10 | | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
|
|