Illinois General Assembly - Full Text of HB4870
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Full Text of HB4870  100th General Assembly

HB4870enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB4870 EnrolledLRB100 20661 AXK 36111 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
522-33 as follows:
 
6    (105 ILCS 5/22-33 new)
7    Sec. 22-33. Medical cannabis.
8    (a) This Section may be referred to as Ashley's Law.
9    (a-5) In this Section, "designated caregiver", "medical
10cannabis infused product", "qualifying patient", and
11"registered" have the meanings given to those terms under
12Section 10 of the Compassionate Use of Medical Cannabis Pilot
13Program Act.
14    (b) Subject to the restrictions under subsections (c)
15through (g) of this Section, a school district, public school,
16charter school, or nonpublic school shall authorize a parent or
17guardian or any other individual registered with the Department
18of Public Health as a designated caregiver of a student who is
19a registered qualifying patient to administer a medical
20cannabis infused product to the student on the premises of the
21child's school or on the child's school bus if both the student
22(as a registered qualifying patient) and the parent or guardian
23or other individual (as a registered designated caregiver) have

 

 

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1been issued registry identification cards under the
2Compassionate Use of Medical Cannabis Pilot Program Act. After
3administering the product, the parent or guardian or other
4individual shall remove the product from the school premises or
5the school bus.
6    (c) A parent or guardian or other individual may not
7administer a medical cannabis infused product under this
8Section in a manner that, in the opinion of the school district
9or school, would create a disruption to the school's
10educational environment or would cause exposure of the product
11to other students.
12    (d) A school district or school may not discipline a
13student who is administered a medical cannabis infused product
14by a parent or guardian or other individual under this Section
15and may not deny the student's eligibility to attend school
16solely because the student requires the administration of the
17product.
18    (e) Nothing in this Section requires a member of a school's
19staff to administer a medical cannabis infused product to a
20student.
21    (f) A school district, public school, charter school, or
22nonpublic school may not authorize the use of a medical
23cannabis infused product under this Section if the school
24district or school would lose federal funding as a result of
25the authorization.
26    (g) A school district, public school, charter school, or

 

 

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1nonpublic school shall adopt a policy to implement this
2Section.
 
3    Section 10. The Compassionate Use of Medical Cannabis Pilot
4Program Act is amended by changing Section 30 as follows:
 
5    (410 ILCS 130/30)
6    (Section scheduled to be repealed on July 1, 2020)
7    Sec. 30. Limitations and penalties.
8    (a) This Act does not permit any person to engage in, and
9does not prevent the imposition of any civil, criminal, or
10other penalties for engaging in, the following conduct:
11        (1) Undertaking any task under the influence of
12    cannabis, when doing so would constitute negligence,
13    professional malpractice, or professional misconduct;
14        (2) Possessing cannabis:
15            (A) except as provided under Section 22-33 of the
16        School Code, in a school bus;
17            (B) except as provided under Section 22-33 of the
18        School Code, on the grounds of any preschool or primary
19        or secondary school;
20            (C) in any correctional facility;
21            (D) in a vehicle under Section 11-502.1 of the
22        Illinois Vehicle Code;
23            (E) in a vehicle not open to the public unless the
24        medical cannabis is in a reasonably secured, sealed,

 

 

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1        tamper-evident container and reasonably inaccessible
2        while the vehicle is moving; or
3            (F) in a private residence that is used at any time
4        to provide licensed child care or other similar social
5        service care on the premises;
6        (3) Using cannabis:
7            (A) except as provided under Section 22-33 of the
8        School Code, in a school bus;
9            (B) except as provided under Section 22-33 of the
10        School Code, on the grounds of any preschool or primary
11        or secondary school;
12            (C) in any correctional facility;
13            (D) in any motor vehicle;
14            (E) in a private residence that is used at any time
15        to provide licensed child care or other similar social
16        service care on the premises;
17            (F) except as provided under Section 22-33 of the
18        School Code, in any public place. "Public place" as
19        used in this subsection means any place where an
20        individual could reasonably be expected to be observed
21        by others. A "public place" includes all parts of
22        buildings owned in whole or in part, or leased, by the
23        State or a local unit of government. A "public place"
24        does not include a private residence unless the private
25        residence is used to provide licensed child care,
26        foster care, or other similar social service care on

 

 

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1        the premises. For purposes of this subsection, a
2        "public place" does not include a health care facility.
3        For purposes of this Section, a "health care facility"
4        includes, but is not limited to, hospitals, nursing
5        homes, hospice care centers, and long-term care
6        facilities;
7            (G) except as provided under Section 22-33 of the
8        School Code, knowingly in close physical proximity to
9        anyone under the age of 18 years of age;
10        (4) Smoking medical cannabis in any public place where
11    an individual could reasonably be expected to be observed
12    by others, in a health care facility, or any other place
13    where smoking is prohibited under the Smoke Free Illinois
14    Act;
15        (5) Operating, navigating, or being in actual physical
16    control of any motor vehicle, aircraft, or motorboat while
17    using or under the influence of cannabis in violation of
18    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
19        (6) Using or possessing cannabis if that person does
20    not have a debilitating medical condition and is not a
21    registered qualifying patient or caregiver;
22        (7) Allowing any person who is not allowed to use
23    cannabis under this Act to use cannabis that a cardholder
24    is allowed to possess under this Act;
25        (8) Transferring cannabis to any person contrary to the
26    provisions of this Act;

 

 

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1        (9) The use of medical cannabis by an active duty law
2    enforcement officer, correctional officer, correctional
3    probation officer, or firefighter; or
4        (10) The use of medical cannabis by a person who has a
5    school bus permit or a Commercial Driver's License.
6    (b) Nothing in this Act shall be construed to prevent the
7arrest or prosecution of a registered qualifying patient for
8reckless driving or driving under the influence of cannabis
9where probable cause exists.
10    (c) Notwithstanding any other criminal penalties related
11to the unlawful possession of cannabis, knowingly making a
12misrepresentation to a law enforcement official of any fact or
13circumstance relating to the medical use of cannabis to avoid
14arrest or prosecution is a petty offense punishable by a fine
15of up to $1,000, which shall be in addition to any other
16penalties that may apply for making a false statement or for
17the use of cannabis other than use undertaken under this Act.
18    (d) Notwithstanding any other criminal penalties related
19to the unlawful possession of cannabis, any person who makes a
20misrepresentation of a medical condition to a physician or
21fraudulently provides material misinformation to a physician
22in order to obtain a written certification is guilty of a petty
23offense punishable by a fine of up to $1,000.
24    (e) Any cardholder or registered caregiver who sells
25cannabis shall have his or her registry identification card
26revoked and is subject to other penalties for the unauthorized

 

 

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1sale of cannabis.
2    (f) Any registered qualifying patient who commits a
3violation of Section 11-502.1 of the Illinois Vehicle Code or
4refuses a properly requested test related to operating a motor
5vehicle while under the influence of cannabis shall have his or
6her registry identification card revoked.
7    (g) No registered qualifying patient or designated
8caregiver shall knowingly obtain, seek to obtain, or possess,
9individually or collectively, an amount of usable cannabis from
10a registered medical cannabis dispensing organization that
11would cause him or her to exceed the authorized adequate supply
12under subsection (a) of Section 10.
13    (h) Nothing in this Act shall prevent a private business
14from restricting or prohibiting the medical use of cannabis on
15its property.
16    (i) Nothing in this Act shall prevent a university,
17college, or other institution of post-secondary education from
18restricting or prohibiting the use of medical cannabis on its
19property.
20(Source: P.A. 98-122, eff. 1-1-14.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.