State of Illinois
2015 and 2016


Introduced 2/20/2015, by Sen. William R. Haine


410 ILCS 130/40

    Amends the Compassionate Use of Medical Cannabis Pilot Program. Provides that nothing in the Act may be construed to require an employer or a property and casualty insurer to reimburse a person for costs associated with the medical use of cannabis.

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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Section 40 as follows:
6    (410 ILCS 130/40)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 40. Discrimination prohibited.
9    (a)(1) No school, employer, or landlord may refuse to
10enroll or lease to, or otherwise penalize, a person solely for
11his or her status as a registered qualifying patient or a
12registered designated caregiver, unless failing to do so would
13put the school, employer, or landlord in violation of federal
14law or unless failing to do so would cause it to lose a
15monetary or licensing-related benefit under federal law or
16rules. This does not prevent a landlord from prohibiting the
17smoking of cannabis on the premises.
18    (2) For the purposes of medical care, including organ
19transplants, a registered qualifying patient's authorized use
20of cannabis in accordance with this Act is considered the
21equivalent of the authorized use of any other medication used
22at the direction of a physician, and may not constitute the use
23of an illicit substance or otherwise disqualify a qualifying



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1patient from needed medical care.
2    (b) A person otherwise entitled to custody of or visitation
3or parenting time with a minor may not be denied that right,
4and there is no presumption of neglect or child endangerment,
5for conduct allowed under this Act, unless the person's actions
6in relation to cannabis were such that they created an
7unreasonable danger to the safety of the minor as established
8by clear and convincing evidence.
9    (c) No school, landlord, or employer may be penalized or
10denied any benefit under State law for enrolling, leasing to,
11or employing a cardholder.
12    (d) Nothing in this Act may be construed to require a
13government medical assistance program, employer, property and
14casualty insurer, or private health insurer to reimburse a
15person for costs associated with the medical use of cannabis.
16    (e) Nothing in this Act may be construed to require any
17person or establishment in lawful possession of property to
18allow a guest, client, customer, or visitor who is a registered
19qualifying patient to use cannabis on or in that property.
20(Source: P.A. 98-122, eff. 1-1-14.)