Full Text of HB2514 96th General Assembly
HB2514 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2514
Introduced 2/20/2009, by Rep. Lou Lang - Angelo Saviano SYNOPSIS AS INTRODUCED: |
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New Act |
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720 ILCS 550/8 |
from Ch. 56 1/2, par. 708 |
720 ILCS 550/11 rep. |
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720 ILCS 550/15 rep. |
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Creates the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person's primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person's primary caregiver to legally possess no more than 7 dried cannabis plants and 2 ounces of dried usable cannabis. Amends the Cannabis Control Act to make conforming changes. Provides that the provisions of the Act are severable. Provides that the Act is repealed 3 years after its effective date. Repeals the research provisions of the Cannabis Control Act. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2514 |
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LRB096 11309 RLC 21742 b |
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| AN ACT concerning alternative treatment for serious
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| diseases causing chronic pain and debilitating conditions.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 6 |
| Compassionate Use of Medical Cannabis Pilot Program Act. | 7 |
| Section 5. Findings. | 8 |
| (a) Modern medical research has discovered beneficial uses | 9 |
| for cannabis 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 cannabis in treating a wide array of | 16 |
| debilitating medical conditions, including increasing the | 17 |
| chances of patients finishing their treatments for HIV/AIDS and | 18 |
| hepatitis C. | 19 |
| (c) Data from the Federal Bureau of Investigation's Uniform | 20 |
| Crime Reports and the Compendium of Federal Justice Statistics | 21 |
| show that approximately 99 out of every 100 cannabis arrests in | 22 |
| the U.S. are made under state law, rather than under federal | 23 |
| law. Consequently, changing state law will have the practical |
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| effect of protecting from arrest the vast majority of seriously | 2 |
| ill people who have a medical need to use cannabis. | 3 |
| (d) Although federal law currently prohibits any use of | 4 |
| cannabis except under very limited circumstances, Alaska, | 5 |
| California, Colorado, Hawaii, Maine, Michigan, Montana, | 6 |
| Nevada, New Mexico, Oregon, Vermont, Rhode Island, and | 7 |
| Washington have removed state-level criminal penalties from | 8 |
| the medical use and cultivation of cannabis. Illinois joins in | 9 |
| this effort for the health and welfare of its citizens. | 10 |
| (e) States are not required to enforce federal law or | 11 |
| prosecute people for engaging in activities prohibited by | 12 |
| federal law. Therefore, compliance with this Act does not put | 13 |
| the State of Illinois in violation of federal law. | 14 |
| (f) State law should make a distinction between the medical | 15 |
| and non-medical uses of cannabis. Hence, the purpose of this | 16 |
| Act is to protect patients with debilitating medical | 17 |
| conditions, as well as their practitioners and primary | 18 |
| caregivers, from arrest and prosecution, criminal and other | 19 |
| penalties, and property forfeiture if such patients engage in | 20 |
| the medical use of cannabis. | 21 |
| (g) The people of the State of Illinois declare that they | 22 |
| enact this Act pursuant to the police power to protect the | 23 |
| health of its citizens that is reserved to the State of | 24 |
| Illinois and its people under the 10th Amendment to the United | 25 |
| States Constitution. |
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| Section 10. Definitions. The following terms, as used in | 2 |
| this Act, shall have the meanings set forth in this Section: | 3 |
| (a) "Adequate supply" means an amount of cannabis possessed | 4 |
| by a qualified patient or collectively possessed by a qualified | 5 |
| patient and the qualified patient's primary caregiver that is | 6 |
| determined by rule of the Department to be no more than | 7 |
| reasonably necessary to ensure the uninterrupted availability | 8 |
| of cannabis for a period of 60 days and that is derived solely | 9 |
| from an intrastate source. Until the Department determines what | 10 |
| constitutes a 60-day supply of medicine, patients shall be | 11 |
| presumed to be in compliance with this Act if they possess no | 12 |
| more than 7 plants and 2 ounces of dried usable cannabis. | 13 |
| (a-1) "Cardholder" means a qualifying patient or a primary | 14 |
| caregiver who has been issued and possesses a valid registry | 15 |
| identification card. | 16 |
| (b) "Debilitating medical condition" means one or more of | 17 |
| the following: | 18 |
| (1) cancer, glaucoma, positive status for human | 19 |
| immunodeficiency virus, acquired immune deficiency | 20 |
| syndrome, hepatitis C, amyotrophic lateral sclerosis, | 21 |
| Crohn's disease, agitation of Alzheimer's disease, nail | 22 |
| patella, or the treatment of these conditions; | 23 |
| (2) a chronic or debilitating disease or medical | 24 |
| condition or its treatment that produces one or more of the | 25 |
| following: cachexia or wasting syndrome; severe pain; | 26 |
| severe nausea; seizures, including but not limited to those |
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| characteristic of epilepsy; or severe and persistent | 2 |
| muscle spasms, including but not limited to those | 3 |
| characteristic of multiple sclerosis; or | 4 |
| (3) any other medical condition or its treatment | 5 |
| approved by the Department, as provided for in subsection | 6 |
| (a) of Section 20. | 7 |
| (c) "Department" means the Department of Public Health, or | 8 |
| its successor agency. | 9 |
| (d) "Enclosed, locked facility" means a closet, room, | 10 |
| greenhouse, or other enclosed area equipped with locks or other | 11 |
| security devices that permit access only by a registered | 12 |
| primary caregiver or registered qualifying patient. | 13 |
| (e) "Felony drug offense" means a violation of a state or | 14 |
| federal controlled substance law that was classified as a | 15 |
| felony in the jurisdiction where the person was convicted. It | 16 |
| does not include: (1) an offense for which the sentence, | 17 |
| including any term of probation, incarceration, or supervised | 18 |
| release, was completed 10 or more years earlier; or (2) an | 19 |
| offense that involved conduct that would have been permitted | 20 |
| under this Act. | 21 |
| (f) "Cannabis" has the meaning given to the term cannabis | 22 |
| in Section 3 of the Cannabis Control Act. | 23 |
| (g) "Medical use" means the acquisition, possession, | 24 |
| cultivation, manufacture, use, delivery, transfer, or | 25 |
| transportation of cannabis or paraphernalia relating to the | 26 |
| administration of cannabis to treat or alleviate a registered |
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| qualifying patient's debilitating medical condition or | 2 |
| symptoms associated with the patient's debilitating medical | 3 |
| condition. | 4 |
| (h) "Practitioner" means a person who is licensed with | 5 |
| authority to prescribe drugs under Article III of the Illinois | 6 |
| Controlled Substance Act. | 7 |
| (i) "Primary caregiver" means a person who is at least 21 | 8 |
| years old, who has agreed to assist with a patient's medical | 9 |
| use of cannabis, and who has never been convicted of a felony | 10 |
| drug offense. A primary caregiver, other than a medical | 11 |
| cannabis organization as defined in this Act may assist no more | 12 |
| than one qualifying patient with their medical use of cannabis. | 13 |
| A patient may designate only one primary caregiver, except that | 14 |
| a patient may designate a medical cannabis organization and one | 15 |
| individual primary caregiver. | 16 |
| (j) "Qualifying patient" means a person who has been | 17 |
| diagnosed by a practitioner as having a debilitating medical | 18 |
| condition. | 19 |
| (k) "Registry identification card" means a document issued | 20 |
| by the Department that identifies a person as a registered | 21 |
| qualifying patient or registered primary caregiver. | 22 |
| (l) "Usable cannabis" means the dried leaves and flowers of | 23 |
| the cannabis plant, and any mixture or preparation thereof, but | 24 |
| does not include the seeds, stalks, and roots of the plant and | 25 |
| does not include the weight of other ingredients in cannabis | 26 |
| prepared for consumption as food. |
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| (m) "Visiting qualifying patient" means a patient who is | 2 |
| not a resident of Illinois or who has been a resident of | 3 |
| Illinois less than 30 days. | 4 |
| (n) "Written certification" means a document signed by a | 5 |
| practitioner, stating that in the practitioner's professional | 6 |
| opinion the patient is likely to receive therapeutic or | 7 |
| palliative benefit from the medical use of cannabis to treat or | 8 |
| alleviate the patient's debilitating medical condition or | 9 |
| symptoms associated with the debilitating medical condition. A | 10 |
| written certification shall be made only in the course of a | 11 |
| bona fide practitioner-patient relationship after the | 12 |
| practitioner has completed a full assessment of the qualifying | 13 |
| patient's medical history. The written certification shall | 14 |
| specify the qualifying patient's debilitating medical | 15 |
| condition. | 16 |
| Section 15. Protections for the medical use of cannabis. | 17 |
| (a) A qualifying patient who has been issued and possesses | 18 |
| a registry identification card shall not be subject to arrest, | 19 |
| prosecution, or penalty in any manner, or denied any right or | 20 |
| privilege, including but not limited to civil penalty or | 21 |
| disciplinary action by a business or occupational or | 22 |
| professional licensing board or bureau, for the medical use of | 23 |
| cannabis in accordance with this Act, provided that the | 24 |
| qualifying patient possesses an amount of cannabis that does | 25 |
| not exceed an "adequate supply" as defined in subsection (a) of |
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LRB096 11309 RLC 21742 b |
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| Section 10 of this Act of usable cannabis. Such plants shall be | 2 |
| kept in an enclosed, locked facility, unless they are being | 3 |
| transported because the qualifying patient is moving or if they | 4 |
| are being transported to the qualifying patient's property. Any | 5 |
| incidental amount of seeds, stalks, and unusable roots shall | 6 |
| also be allowed under state law and shall not be included in | 7 |
| this amount. | 8 |
| (b) A primary caregiver who has been issued and possesses a | 9 |
| registry identification card shall not be subject to arrest, | 10 |
| prosecution, or penalty in any manner, or denied any right or | 11 |
| privilege, including but not limited to civil penalty or | 12 |
| disciplinary action by a business or occupational or | 13 |
| professional licensing board or bureau, solely for assisting a | 14 |
| qualifying patient to whom he or she is connected through the | 15 |
| Department's registration process with the medical use of | 16 |
| cannabis in accordance with this Act, provided that the primary | 17 |
| caregiver possesses an amount of cannabis that does not exceed | 18 |
| an "adequate supply" as defined in subsection (a) of Section 10 | 19 |
| of this Act for the qualifying patient to whom he or she is | 20 |
| connected through the Department's registration process. It is | 21 |
| the intent of this provision that the total amount possessed | 22 |
| between the qualifying patient and caregiver shall not exceed | 23 |
| the patient's "adequate supply" as defined in subsection (a) of | 24 |
| Section 10 of this Act. Such plants shall be kept in an | 25 |
| enclosed, locked facility, unless they are being transported | 26 |
| because the primary caregiver is moving or if they are being |
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| transported to a primary caregiver's or a qualifying patient's | 2 |
| property. Any incidental amount of seeds, stalks, and unusable | 3 |
| roots shall also be allowed under state law and shall not be | 4 |
| included in this amount. | 5 |
| (c) (1) There shall be a presumption that a qualifying | 6 |
| patient or primary caregiver is engaged in the medical use of | 7 |
| cannabis in accordance with this Act if the qualifying patient | 8 |
| or primary caregiver: | 9 |
| (A) is in possession of a registry identification | 10 |
| card; and | 11 |
| (B) is in possession of an amount of cannabis that | 12 |
| does not exceed the amount allowed under this Act. | 13 |
| (2) The presumption may be rebutted by evidence that | 14 |
| conduct related to cannabis was not for the purpose of | 15 |
| treating or alleviating the qualifying patient's | 16 |
| debilitating medical condition or symptoms associated with | 17 |
| the debilitating medical condition, in accordance with | 18 |
| this Act. | 19 |
| (d) A cardholder shall not be subject to arrest, | 20 |
| prosecution, or penalty in any manner, or denied any right or | 21 |
| privilege, including but not limited to civil penalty or | 22 |
| disciplinary action by a business or occupational or | 23 |
| professional licensing board or bureau, solely for giving | 24 |
| cannabis to a registered qualifying patient or a registered | 25 |
| primary caregiver for the registered qualifying patient's | 26 |
| medical use where nothing of value is transferred in return, or |
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| to offer to do the same. | 2 |
| (e) No school, employer, or landlord may refuse to enroll | 3 |
| or employ or lease to, or otherwise penalize a person solely | 4 |
| for his or her status as a registered qualifying patient or a | 5 |
| registered primary caregiver, unless failing to do so would put | 6 |
| the school, employer, or landlord in violation of federal law | 7 |
| or cause it to lose a federal contract or funding. | 8 |
| (f) A person shall not be denied custody or visitation of a | 9 |
| minor for acting in accordance with this Act, unless the | 10 |
| person's behavior is such that it creates an unreasonable | 11 |
| danger to the minor that can be clearly articulated and | 12 |
| substantiated. | 13 |
| (g) A registered primary caregiver may receive | 14 |
| compensation for costs associated with assisting a registered | 15 |
| qualifying patient's medical use of cannabis, provided that | 16 |
| registered primary caregiver is connected to the registered | 17 |
| qualifying patient through the Department's registration | 18 |
| process. Any such compensation shall not constitute the sale of | 19 |
| controlled substances. | 20 |
| (h) A practitioner shall not be subject to arrest, | 21 |
| prosecution, or penalty in any manner, or denied any right or | 22 |
| privilege, including but not limited to civil penalty or | 23 |
| disciplinary action by the Medical Disciplinary Board or by any | 24 |
| other business or occupational or professional licensing board | 25 |
| or bureau, solely for providing written certifications or for | 26 |
| otherwise stating that, in the practitioner's professional |
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LRB096 11309 RLC 21742 b |
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| opinion, a patient is likely to receive therapeutic benefit | 2 |
| from the medical use of cannabis to treat or alleviate the | 3 |
| patient's serious or debilitating medical condition or | 4 |
| symptoms associated with the serious or debilitating medical | 5 |
| condition, provided that nothing shall prevent a professional | 6 |
| licensing board from sanctioning a practitioner for failing to | 7 |
| properly evaluate a patient's medical condition or otherwise | 8 |
| violating the standard of care for evaluating medical | 9 |
| conditions. | 10 |
| (i) A person shall not be subject to arrest, prosecution, | 11 |
| or penalty in any manner, or denied any right or privilege, | 12 |
| including but not limited to civil penalty or disciplinary | 13 |
| action by a business or occupational or professional licensing | 14 |
| board or bureau, solely for providing a registered qualifying | 15 |
| patient or a registered primary caregiver with cannabis | 16 |
| paraphernalia for purposes of a qualifying patient's medical | 17 |
| use of cannabis. | 18 |
| (j) Any cannabis, cannabis paraphernalia, licit property, | 19 |
| or interest in licit property that is possessed, owned, or used | 20 |
| in connection with the medical use of cannabis, as allowed | 21 |
| under this Act, or acts incidental to such use, shall not be | 22 |
| seized or forfeited. | 23 |
| (k) A person shall not be subject to arrest, prosecution, | 24 |
| or penalty in any manner, or denied any right or privilege, | 25 |
| including but not limited to civil penalty or disciplinary | 26 |
| action by a business or occupational or professional licensing |
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| board or bureau, simply for being in the presence or vicinity | 2 |
| of the medical use of cannabis as allowed under this Act, or | 3 |
| for assisting a registered qualifying patient with using or | 4 |
| administering cannabis. This provision, however, shall not be | 5 |
| construed to allow the consumption of cannabis by persons other | 6 |
| than qualifying patients. | 7 |
| (l) A registry identification card, or its equivalent, that | 8 |
| is issued under the laws of another state, district, territory, | 9 |
| commonwealth, or insular possession of the United States that | 10 |
| allows the medical use of cannabis by a visiting qualifying | 11 |
| patient, shall have the same force and effect as a registry | 12 |
| identification card issued by the Department. | 13 |
| (m) Any cardholder who sells cannabis to a person who is | 14 |
| not allowed to use cannabis for medical purposes under this Act | 15 |
| shall have his or her registry identification card revoked, and | 16 |
| is liable for any other penalties for the sale of cannabis. The | 17 |
| Department may revoke the registry identification card of any | 18 |
| cardholder who violates this Act, and the cardholder shall be | 19 |
| liable for any other penalties for the violation. | 20 |
| Section 20. Department to issue rules. | 21 |
| (a) Not later than 120 days after the effective date of | 22 |
| this Act, the Department shall promulgate rules governing the | 23 |
| manner in which it shall consider petitions from the public to | 24 |
| add debilitating medical conditions to the list of debilitating | 25 |
| medical conditions set forth in subsection (b) of Section 10 of |
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| this Act. In considering such petitions, the Department shall | 2 |
| include public notice of, and an opportunity to comment in a | 3 |
| public hearing upon, such petitions. The Department shall, | 4 |
| after hearing, approve or deny such petitions within 180 days | 5 |
| of submission of the petition. The approval or denial of such a | 6 |
| petition shall be considered a final Department action, subject | 7 |
| to judicial review. Jurisdiction and venue for judicial review | 8 |
| are vested in the Circuit Court. | 9 |
| (b) Not later than 120 days after the effective date of | 10 |
| this Act, the Department shall promulgate rules governing the | 11 |
| manner in which it shall consider applications for and renewals | 12 |
| of registry identification cards for qualifying patients and | 13 |
| primary caregivers. The Department's rules shall establish | 14 |
| application and renewal fees that generate revenues sufficient | 15 |
| to offset all expenses of implementing and administering this | 16 |
| Act. The fee shall include an additional $2 per registry | 17 |
| identification card which shall be allocated to drug treatment | 18 |
| and prevention. The Department may establish a sliding scale of | 19 |
| application and renewal fees based upon a qualifying patient's | 20 |
| family income. The Department may accept donations from private | 21 |
| sources in order to reduce the application and renewal fees. | 22 |
| Section 25. Administering the Department's rules. | 23 |
| (a) The Department shall issue registry identification | 24 |
| cards to qualifying patients who submit the following, in | 25 |
| accordance with the Department's rules: |
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| (1) written certification; | 2 |
| (2) application or renewal fee; | 3 |
| (3) name, address, and date of birth of the qualifying | 4 |
| patient, except that if the applicant is homeless, no | 5 |
| address is required; | 6 |
| (4) name, address, and telephone number of the | 7 |
| qualifying patient's practitioner; and | 8 |
| (5) name, address, and date of birth of each primary | 9 |
| caregiver, if any, of the qualifying patient. | 10 |
| (b) The Department shall not issue a registry | 11 |
| identification card to a qualifying patient who is under the | 12 |
| age of 18 unless: | 13 |
| (1) The qualifying patient's practitioner has | 14 |
| explained the potential risks and benefits of the medical | 15 |
| use of cannabis to the qualifying patient and to a parent, | 16 |
| guardian, or person having legal custody of the qualifying | 17 |
| patient; and | 18 |
| (2) The parent, guardian, or person having legal | 19 |
| custody consents in writing to: | 20 |
| (A) allow the qualifying patient's medical use of | 21 |
| cannabis; | 22 |
| (B) serve as one of the qualifying patient's | 23 |
| primary caregivers; and | 24 |
| (C) control the acquisition of the cannabis, the | 25 |
| dosage, and the frequency of the medical use of | 26 |
| cannabis by the qualifying patient. |
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| (c) The Department shall verify the information contained | 2 |
| in an application or renewal submitted pursuant to this | 3 |
| Section, and shall approve or deny an application or renewal | 4 |
| within 15 days of receiving it. The Department may deny an | 5 |
| application or renewal only if the applicant did not provide | 6 |
| the information required pursuant to this Section, or if the | 7 |
| Department determines that the information provided was | 8 |
| falsified. Rejection of an application or renewal is considered | 9 |
| a final Department action, subject to judicial review. | 10 |
| Jurisdiction and venue for judicial review are vested in the | 11 |
| Illinois Circuit Court. | 12 |
| (d) The Department shall issue a registry identification | 13 |
| card to each primary caregiver, if any, who is named in a | 14 |
| qualifying patient's approved application, up to a maximum of 2 | 15 |
| primary caregivers per qualifying patient. | 16 |
| (e) The Department shall issue registry identification | 17 |
| cards within 5 days of approving an application or renewal, | 18 |
| which shall expire one year after the date of issuance. | 19 |
| Registry identification cards shall contain all of the | 20 |
| following: | 21 |
| (1) Name, address, and date of birth of the qualifying | 22 |
| patient; | 23 |
| (2) Name, address, and date of birth of each primary | 24 |
| caregiver, if any, of the qualifying patient; | 25 |
| (3) The date of issuance and expiration date of the | 26 |
| registry identification card; |
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| (4) A random identification number that is unique to | 2 |
| the cardholder; and | 3 |
| (5) A photograph, if the Department decides to require | 4 |
| one. | 5 |
| (f) (1) A registered qualifying patient shall notify the | 6 |
| Department of any change in the registered qualifying patient's | 7 |
| name, address, or primary caregiver, or if the registered | 8 |
| qualifying patient ceases to have his or her debilitating | 9 |
| medical condition, within 10 days of such change. | 10 |
| (2) A registered qualifying patient who fails to notify | 11 |
| the Department of any of these changes is responsible for a | 12 |
| civil infraction, punishable by a fine of no more than | 13 |
| $150. If the registered qualifying patient's certifying | 14 |
| practitioner notifies the Department in writing that the | 15 |
| registered qualifying patient has ceased to suffer from a | 16 |
| debilitating medical condition, the card shall become null | 17 |
| and void upon notification by the Department to the | 18 |
| qualifying patient. | 19 |
| (3) A registered primary caregiver shall notify the | 20 |
| Department of any change in his or her name or address | 21 |
| within 10 days of such change. A registered primary | 22 |
| caregiver who fails to notify the Department of any of | 23 |
| these changes is responsible for a civil infraction, | 24 |
| punishable by a fine of no more than $150. | 25 |
| (4) When a registered qualifying patient or registered | 26 |
| primary caregiver notifies the Department of any changes |
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| listed in this subsection, the Department shall issue the | 2 |
| registered qualifying patient and each registered primary | 3 |
| caregiver a new registry identification card within 10 days | 4 |
| of receiving the updated information and a $10 fee. | 5 |
| (5) When a registered qualifying patient changes his or | 6 |
| her registered primary caregiver, the Department shall | 7 |
| notify the primary caregiver within 10 days. The registered | 8 |
| primary caregiver's protections as provided in this Act | 9 |
| shall expire 10 days after notification by the Department. | 10 |
| (6) If a registered qualifying patient or registered | 11 |
| primary caregiver loses his or her registry identification | 12 |
| card, he or she shall notify the Department and submit a | 13 |
| $10 fee within 10 days of losing the card. Within 5 days | 14 |
| after such notification, the Department shall issue a new | 15 |
| registry identification card with a new random | 16 |
| identification number. | 17 |
| (g) Possession of, or application for, a registry | 18 |
| identification card shall not constitute probable cause or | 19 |
| reasonable suspicion, nor shall it be used to support the | 20 |
| search of the person or property of the person possessing or | 21 |
| applying for the registry identification card. | 22 |
| (h) The following confidentiality rules shall apply: | 23 |
| (1) Applications and supporting information submitted | 24 |
| by qualifying patients, including information regarding | 25 |
| their primary caregivers and practitioners, are | 26 |
| confidential. |
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| (2) The Department shall maintain a confidential list | 2 |
| of the persons to whom the Department has issued registry | 3 |
| identification cards. Individual names and other | 4 |
| identifying information on the list shall be confidential, | 5 |
| exempt from the Freedom of Information Act, and not subject | 6 |
| to disclosure, except to authorized employees of the | 7 |
| Department as necessary to perform official duties of the | 8 |
| Department. | 9 |
| (3) The Department shall verify to law enforcement | 10 |
| personnel whether a registry identification card is valid, | 11 |
| without disclosing more information than is reasonably | 12 |
| necessary to verify the authenticity of the registry | 13 |
| identification card. | 14 |
| (4) It is a Class B misdemeanor for any person, | 15 |
| including an employee or official of the Department or | 16 |
| another state agency or local government, to breach the | 17 |
| confidentiality of information obtained pursuant to this | 18 |
| Act. Notwithstanding this provision, Department employees | 19 |
| may notify law enforcement about falsified or fraudulent | 20 |
| information submitted to the Department, so long as the | 21 |
| employee who suspects that falsified or fraudulent | 22 |
| information has been submitted confers with his or her | 23 |
| supervisor (or at least one other employee of the | 24 |
| Department) and both agree that circumstances exist that | 25 |
| warrant reporting. | 26 |
| (i) The Department shall submit to the General Assembly an |
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| annual report that does not disclose any identifying | 2 |
| information about qualifying patients, primary caregivers, or | 3 |
| practitioners, but does contain, at a minimum, all of the | 4 |
| following information: | 5 |
| (1) The number of applications and renewals filed for | 6 |
| registry identification cards. | 7 |
| (2) The number of qualifying patients and primary | 8 |
| caregivers approved in each county. | 9 |
| (3) The nature of the debilitating medical conditions | 10 |
| of the qualifying patients. | 11 |
| (4) The number of registry identification cards | 12 |
| revoked. | 13 |
| (5) The number of practitioners providing written | 14 |
| certifications for qualifying patients. | 15 |
| (j) Where a state-funded or locally funded law enforcement | 16 |
| agency encounters an individual who, during the course of the | 17 |
| investigation, credibly asserts that he or she is a registered | 18 |
| qualifying patient or registered primary caregiver, the law | 19 |
| enforcement agency shall not provide any information from any | 20 |
| cannabis-related investigation of the person to any law | 21 |
| enforcement authority that does not recognize the protection of | 22 |
| this Act and any prosecution of the individual for a violation | 23 |
| of this Act shall be conducted pursuant to the laws of this | 24 |
| State. | 25 |
| Section 30. Scope of Act. |
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LRB096 11309 RLC 21742 b |
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| 1 |
| (a) This Act shall not permit any person to do any of the | 2 |
| following: | 3 |
| (1) Undertake any task under the influence of cannabis, | 4 |
| when doing so would constitute negligence or professional | 5 |
| malpractice. | 6 |
| (2) Possess cannabis, or otherwise engage in the | 7 |
| medical use of cannabis: | 8 |
| (A) in a school bus; | 9 |
| (B) on the grounds of any preschool or primary or | 10 |
| secondary school; or | 11 |
| (C) in any correctional facility. | 12 |
| (3) Smoke cannabis: | 13 |
| (A) on any form of public transportation; or | 14 |
| (B) in any public place. | 15 |
| (4) Operate, navigate, or be in actual physical control | 16 |
| of any motor vehicle, aircraft, or motorboat while under | 17 |
| the influence of cannabis. However, a registered | 18 |
| qualifying patient shall not be considered to be under the | 19 |
| influence of cannabis solely because of the presence of | 20 |
| metabolites or components of cannabis that appear in | 21 |
| insufficient concentration to cause impairment. | 22 |
| (b) Nothing in this Act shall be construed to require: | 23 |
| (1) A government medical assistance program or private | 24 |
| health insurer to reimburse a person for costs associated | 25 |
| with the medical use of cannabis; or | 26 |
| (2) An employer to accommodate the ingestion of |
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LRB096 11309 RLC 21742 b |
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| 1 |
| cannabis in any workplace or any employee working while | 2 |
| under the influence of cannabis, provided that a qualifying | 3 |
| patient shall not be considered to be under the influence | 4 |
| of cannabis solely because of the presence of metabolites | 5 |
| or components of cannabis that appear in insufficient | 6 |
| concentration to cause impairment. | 7 |
| (c) Fraudulent representation to a law enforcement | 8 |
| official of any fact or circumstance relating to the medical | 9 |
| use of cannabis to avoid arrest or prosecution is a petty | 10 |
| offense punishable by a fine of $500, which shall be in | 11 |
| addition to any other penalties that may apply for making a | 12 |
| false statement or for the use of cannabis other than use | 13 |
| undertaken pursuant to this Act. | 14 |
| Section 35. Affirmative defense and dismissal for medical | 15 |
| cannabis. | 16 |
| (a) Except as provided in Section 30, a patient and a | 17 |
| patient's primary caregiver, if any, may assert the medical | 18 |
| purpose for using cannabis as a defense to any prosecution | 19 |
| involving cannabis, and this defense shall be presumed valid | 20 |
| where the evidence shows that: | 21 |
| (1) A practitioner has stated that, in the | 22 |
| practitioner's professional opinion, after having | 23 |
| completed a full assessment of the patient's medical | 24 |
| history and current medical condition made in the course of | 25 |
| a bona fide practitioner-patient relationship, the patient |
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LRB096 11309 RLC 21742 b |
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| 1 |
| is likely to receive therapeutic or palliative benefit from | 2 |
| the medical use of cannabis to treat or alleviate the | 3 |
| patient's serious or debilitating medical condition or | 4 |
| symptoms associated with the patient's serious or | 5 |
| debilitating medical condition; and | 6 |
| (2) The patient and the patient's primary caregiver, if | 7 |
| any, were collectively in possession of a quantity of | 8 |
| cannabis that was not more than was reasonably necessary to | 9 |
| ensure the uninterrupted availability of cannabis for the | 10 |
| purpose of treating or alleviating the patient's serious or | 11 |
| debilitating medical condition or symptoms associated with | 12 |
| the patient's serious or debilitating medical condition; | 13 |
| and | 14 |
| (3) The patient and the patient's primary caregiver, if | 15 |
| any, were engaged in the acquisition, possession, | 16 |
| cultivation, manufacture, use, delivery, transfer, or | 17 |
| transportation of cannabis or paraphernalia relating to | 18 |
| the administration of cannabis to treat or alleviate the | 19 |
| patient's serious or debilitating medical condition or | 20 |
| symptoms associated with the patient's serious or | 21 |
| debilitating medical condition. | 22 |
| (b) A person may assert the medical purpose for using | 23 |
| cannabis in a motion to dismiss, and the charges shall be | 24 |
| dismissed following an evidentiary hearing where the person | 25 |
| shows the elements listed in subsection (a). | 26 |
| (c) If a patient or a patient's primary caregiver |
|
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LRB096 11309 RLC 21742 b |
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| 1 |
| demonstrates the patient's medical purpose for using cannabis | 2 |
| pursuant to this Section, the patient and the patient's primary | 3 |
| caregiver shall not be subject to the following for the | 4 |
| patient's use of cannabis for medical purposes: | 5 |
| (1) disciplinary action by a business or occupational | 6 |
| or professional licensing board or bureau; or | 7 |
| (2) forfeiture of any interest in or right to property. | 8 |
| Section 40. Enforcement of this Act. | 9 |
| (a) If the Department fails to adopt rules to implement | 10 |
| this Act within 120 days of the effective date of this Act, a | 11 |
| qualifying patient may commence an action in the Circuit Court | 12 |
| to compel the Department to perform the actions mandated | 13 |
| pursuant to the provisions of this Act. | 14 |
| (b) If the Department fails to issue a valid registry | 15 |
| identification card in response to a valid application or | 16 |
| renewal submitted pursuant to this Act within 20 days of its | 17 |
| submission, the registry identification card shall be deemed | 18 |
| granted, and a copy of the registry identification application | 19 |
| or renewal shall be deemed a valid registry identification | 20 |
| card. | 21 |
| (c) If at any time after the 140 days following the | 22 |
| effective date of this Act the Department is not accepting | 23 |
| applications, including if it has not created rules allowing | 24 |
| qualifying patients to submit applications, a notarized | 25 |
| statement by a qualifying patient containing the information |
|
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LRB096 11309 RLC 21742 b |
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| 1 |
| required in an application, pursuant to clauses (a)(2) through | 2 |
| (a)(5) of Section 25 together with a written certification | 3 |
| shall be deemed a valid registry identification card. | 4 |
| | 5 |
| Section 45. Medical cannabis organization. | 6 |
| (a) Definition. For purposes of this Section, "medical | 7 |
| cannabis organization" means an entity registered under this | 8 |
| Section that acquires, possesses, cultivates, manufactures, | 9 |
| delivers, transfers, transports, supplies, or dispenses | 10 |
| cannabis, or related supplies and educational materials, to | 11 |
| registered qualifying patients and their registered primary | 12 |
| caregivers. A medical cannabis organization is a primary | 13 |
| caregiver. All provisions of this Act pertaining to a primary | 14 |
| caregiver shall apply to a medical cannabis organization unless | 15 |
| they conflict with a provision contained in this Section. A | 16 |
| medical cannabis organization shall supply cannabis to any | 17 |
| number of registered qualifying patients who have designated it | 18 |
| as one of their primary caregivers. | 19 |
| (b) Registration requirements. | 20 |
| (1) The Department shall register a medical cannabis | 21 |
| organization and issue a registration certificate within | 22 |
| 20 days to any person or entity that provides: | 23 |
| (A) A fee paid to the Department in the amount of | 24 |
| $5,000; | 25 |
| (B) The legal name of the medical cannabis |
|
|
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LRB096 11309 RLC 21742 b |
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| 1 |
| organization; | 2 |
| (C) The physical address of the medical cannabis | 3 |
| organization and the physical address of one | 4 |
| additional location, if any, where cannabis will be | 5 |
| cultivated; | 6 |
| (D) The name, address, and date of birth of each | 7 |
| principal officer and board member of the medical | 8 |
| cannabis organization; | 9 |
| (E) The name, address, and date of birth of any | 10 |
| person who is an agent of or employed by the medical | 11 |
| cannabis organization. | 12 |
| (2) The Department shall track the number of registered | 13 |
| qualifying patients who designate each medical cannabis | 14 |
| organization as a primary caregiver, and issue a written | 15 |
| statement to the medical cannabis organization of the | 16 |
| number of qualifying patients who have designated the | 17 |
| medical cannabis organization to serve as a primary | 18 |
| caregiver for them. This statement shall be updated each | 19 |
| time a new registered qualifying patient designates the | 20 |
| medical cannabis organization or ceases to designate the | 21 |
| medical cannabis organization and may be transmitted | 22 |
| electronically if the Department's rules so provide. The | 23 |
| Department may provide by rule that the updated written | 24 |
| statements will not be issued more frequently than twice | 25 |
| each week. | 26 |
| (3) The Department shall issue each principal officer, |
|
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LRB096 11309 RLC 21742 b |
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| 1 |
| board member, agent, and employee of a medical cannabis | 2 |
| organization a registry identification card within 10 days | 3 |
| of receipt of the person's name, address, date of birth, | 4 |
| and a fee in an amount established by the Department. Each | 5 |
| card shall specify that the cardholder is a principal | 6 |
| officer, board member, agent, or employee of a medical | 7 |
| cannabis organization and shall contain the following: | 8 |
| (A) The name, address, and date of birth of the | 9 |
| principal officer, board member, agent or employee; | 10 |
| (B) The legal name of the medical cannabis | 11 |
| organization to which the principal officer, board | 12 |
| member, agent, or employee is affiliated; | 13 |
| (C) A random identification number that is unique | 14 |
| to the cardholder; | 15 |
| (D) The date of issuance and expiration date of the | 16 |
| registry identification card; and | 17 |
| (E) A photograph, if the Department decides to | 18 |
| require one. | 19 |
| (4) The Department shall not issue a registry | 20 |
| identification card to any principal officer, board | 21 |
| member, agent, or employee of a medical cannabis | 22 |
| organization who has been convicted of a felony drug | 23 |
| offense. The Department may conduct a background check of | 24 |
| each principal officer, board member, agent, or employee in | 25 |
| order to carry out this provision. The Department shall | 26 |
| notify the medical cannabis organization in writing of the |
|
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LRB096 11309 RLC 21742 b |
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| 1 |
| purpose for denying the registry identification card. | 2 |
| However, the Department shall grant such person a registry | 3 |
| identification card if the Department determines that the | 4 |
| person's conviction was for the medical use of cannabis or | 5 |
| assisting with the medical use of cannabis. | 6 |
| (c) Authority of the Department. Not later than 120 days | 7 |
| after the effective date of this Act, the Department shall | 8 |
| promulgate rules governing the manner in which it shall | 9 |
| consider applications for and renewals of registration | 10 |
| certificates for medical cannabis organizations, including | 11 |
| rules governing: | 12 |
| (1) The form and content of registration and renewal | 13 |
| applications; | 14 |
| (2) Minimum oversight requirements for medical | 15 |
| cannabis organizations; | 16 |
| (3) Minimum record-keeping requirements for medical | 17 |
| cannabis organizations; | 18 |
| (4) Minimum security requirements for medical cannabis | 19 |
| organizations; and | 20 |
| (5) Procedures for suspending or terminating the | 21 |
| registration of medical cannabis organizations that | 22 |
| violate the provisions of this Section or the rules | 23 |
| promulgated pursuant to this subsection. | 24 |
| (d) Expiration. A medical cannabis organization | 25 |
| registration certificate and the registry identification card | 26 |
| for each principal officer, board member, agent, or employee |
|
|
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LRB096 11309 RLC 21742 b |
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| 1 |
| shall expire one year after the date of issuance. The | 2 |
| Department shall issue a renewal medical cannabis organization | 3 |
| registration certificate and renewal registry identification | 4 |
| cards within 10 days to any person who complies with the | 5 |
| requirements contained in subsection (b) of this Section. | 6 |
| (e) Inspection. Medical cannabis organizations are subject | 7 |
| to reasonable inspection by the Department. | 8 |
| (f) Medical cannabis organization requirements. | 9 |
| (1) A medical cannabis organization may not be located | 10 |
| within 500 feet of the property line of a preexisting | 11 |
| public or private school. | 12 |
| (2) A medical cannabis organization shall notify the | 13 |
| Department within 10 days of when a principal officer, | 14 |
| board member, agent, or employee ceases to work at the | 15 |
| medical cannabis organization. | 16 |
| (3) A medical cannabis organization shall notify the | 17 |
| Department in writing of the name, address, and date of | 18 |
| birth of any new principal officer, board member, agent, or | 19 |
| employee and shall submit a fee in an amount established by | 20 |
| the Department for a new registry identification card | 21 |
| before a new agent or employee begins working at the | 22 |
| medical cannabis organization. | 23 |
| (4) A medical cannabis organization shall implement | 24 |
| appropriate security measures to deter and prevent | 25 |
| unauthorized entrance into areas containing cannabis and | 26 |
| the theft of cannabis. |
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LRB096 11309 RLC 21742 b |
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| 1 |
| (5) The operating documents of a medical cannabis | 2 |
| organization shall include procedures for the oversight of | 3 |
| the medical cannabis organization and procedures to ensure | 4 |
| accurate record keeping. | 5 |
| (6) A medical cannabis organization is prohibited from | 6 |
| acquiring, possessing, cultivating, manufacturing, | 7 |
| delivering, transferring, transporting, supplying, or | 8 |
| dispensing cannabis for any purpose except to assist | 9 |
| registered qualifying patients with the medical use of | 10 |
| cannabis directly or through the qualifying patients' | 11 |
| other primary caregiver. | 12 |
| (7) All principal officers and board members of a | 13 |
| medical cannabis organization must be residents of the | 14 |
| State of Illinois. | 15 |
| (g) Immunity. | 16 |
| (1) No registered medical cannabis organization shall | 17 |
| be subject to prosecution, search, seizure, or penalty in | 18 |
| any manner or denied any right or privilege, including but | 19 |
| not limited to, civil penalty or disciplinary action by a | 20 |
| business, occupational, or professional licensing board or | 21 |
| entity, solely for acting in accordance with this Section | 22 |
| to assist registered qualifying patients to whom it is | 23 |
| connected through the Department's registration process | 24 |
| with the medical use of cannabis. | 25 |
| (2) No principal officers, board members, agents, or | 26 |
| employees of a registered medical cannabis organization |
|
|
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LRB096 11309 RLC 21742 b |
|
| 1 |
| shall be subject to arrest, prosecution, search, seizure, | 2 |
| or penalty in any manner or denied any right or privilege, | 3 |
| including but not limited to civil penalty or disciplinary | 4 |
| action by a business, occupational, or professional | 5 |
| licensing board or entity, solely for working for or with a | 6 |
| medical cannabis organization in accordance with this Act. | 7 |
| (h) Prohibitions. | 8 |
| (1) A medical cannabis organization may not possess an | 9 |
| amount of cannabis that exceeds the total of the allowable | 10 |
| amounts of cannabis for the registered qualifying patients | 11 |
| for whom the medical cannabis organization is a registered | 12 |
| primary caregiver. | 13 |
| (2) A medical cannabis organization may not dispense, | 14 |
| deliver, or otherwise transfer cannabis to a person other | 15 |
| than a qualifying patient who has designated the medical | 16 |
| cannabis organization as a primary caregiver or to such | 17 |
| patient's primary caregiver. | 18 |
| (3) A medical cannabis organization may not obtain | 19 |
| cannabis from outside the State of Illinois. | 20 |
| (4) A person convicted of violating paragraph (2) of | 21 |
| this subsection may not be an employee, agent, principal | 22 |
| officer, or board member of any medical cannabis | 23 |
| organization, and such person's registry identification | 24 |
| card shall be immediately revoked. | 25 |
| (5) No person who has been convicted of a felony drug | 26 |
| offense may be the principal officer, board member, agent, |
|
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LRB096 11309 RLC 21742 b |
|
| 1 |
| or employee of a medical cannabis organization unless the | 2 |
| Department has determined that the person's conviction was | 3 |
| for the medical use of cannabis or assisting with the | 4 |
| medical use of cannabis and issued the person a registry | 5 |
| identification card as provided under subsection (b)(3). A | 6 |
| person who is employed by or is an agent, principal | 7 |
| officer, or board member of a medical cannabis organization | 8 |
| in violation of this Section is guilty of a civil violation | 9 |
| punishable by a fine of up to $1,000. A subsequent | 10 |
| violation of this Section is a Class B misdemeanor. | 11 |
| Section 50. Repeal of Act. This Act is repealed 3 years | 12 |
| after its effective date. | 13 |
| Section 55. Adoption of rules by the Department; 60-day | 14 |
| supply for qualifying patients. | 15 |
| (a) By July 1, 2010, the Department shall adopt rules | 16 |
| defining the quantity of cannabis that could reasonably be | 17 |
| presumed to be a 60-day supply for qualifying patients. | 18 |
| (b) During the rule-making process, the Department shall | 19 |
| make a good faith effort to include all stakeholders identified | 20 |
| in the rule-making analysis as being impacted by the rule. | 21 |
| (c) Stakeholders shall include, but are not limited to: at | 22 |
| least 3 physicians, one of which must have prior experience | 23 |
| treating medical cannabis patients and another who specializes | 24 |
| in oncology; 2 nurses, one of which must have prior experience |
|
|
|
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LRB096 11309 RLC 21742 b |
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| 1 |
| treating HIV/AIDS patients; a representative from hospice; a | 2 |
| representative from the law enforcement community; a | 3 |
| prosecuting attorney currently employed by the State of | 4 |
| Illinois; a public defender currently employed by the State of | 5 |
| Illinois; a defense attorney in private practice; a licensed | 6 |
| phlebotomist, and a horticulturist. | 7 |
| (d) The Department shall gather information from medical | 8 |
| and scientific literature, consulting with experts and the | 9 |
| public, and reviewing the best practices of other states | 10 |
| regarding access to an adequate, safe, consistent, and secure | 11 |
| source, including alternative distribution systems, of medical | 12 |
| marijuana for qualifying patients. The Department shall report | 13 |
| its findings to the General Assembly by July 10, 2009.
| 14 |
| Section 95. The Cannabis Control Act is amended by changing | 15 |
| Section 8 as follows:
| 16 |
| (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| 17 |
| Sec. 8. (1) It is unlawful for any person knowingly to | 18 |
| produce the
cannabis sativa plant or to possess such plants or | 19 |
| to deliver such plants unless production or possession
has been | 20 |
| authorized pursuant to the provisions of the Compassionate Use | 21 |
| of Medical Cannabis Pilot Program Act Section 11 of the Act .
| 22 |
| Any person who violates this Section with respect to production | 23 |
| or possession of:
| 24 |
| (a) Not more than 5 plants is guilty of a Class A |
|
|
|
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LRB096 11309 RLC 21742 b |
|
| 1 |
| misdemeanor , except that a violation under subsection (2) of | 2 |
| this Section is a Class 4 felony .
| 3 |
| (b) More than 5, but not more than 20 plants, is guilty
of | 4 |
| a Class 4 felony , except that a violation under subsection (2) | 5 |
| of this Section is a Class 3 felony .
| 6 |
| (c) More than 20, but not more than 50 plants, is
guilty of | 7 |
| a Class 3 felony , except that a violation under subsection (2) | 8 |
| of this Section is a Class 2 felony .
| 9 |
| (d) More than 50, but not more than 200 plants, is guilty | 10 |
| of a Class 2 felony , except that a violation under subsection | 11 |
| (2) of this Section is a Class 1 felony, for which
a fine not to | 12 |
| exceed $100,000 may be imposed and for which liability for
the | 13 |
| cost of conducting the investigation and eradicating such | 14 |
| plants may be
assessed. Compensation for expenses incurred in | 15 |
| the enforcement of this
provision shall be transmitted to and | 16 |
| deposited in the treasurer's office
at the level of government | 17 |
| represented by the Illinois law enforcement
agency whose | 18 |
| officers or employees conducted the investigation or caused
the | 19 |
| arrest or arrests leading to the prosecution, to be | 20 |
| subsequently made
available to that law enforcement agency as | 21 |
| expendable receipts for use in
the enforcement of laws | 22 |
| regulating controlled substances and cannabis. If
such seizure | 23 |
| was made by a combination of law enforcement personnel
| 24 |
| representing different levels of government, the court levying | 25 |
| the
assessment shall determine the allocation of such | 26 |
| assessment. The proceeds
of assessment awarded to the State |
|
|
|
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LRB096 11309 RLC 21742 b |
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| 1 |
| treasury shall be deposited in a special
fund known as the Drug | 2 |
| Traffic Prevention Fund. | 3 |
| (e) More than 200 plants is guilty of a Class 1 felony , | 4 |
| except that a violation under subsection (2) of this Section is | 5 |
| a Class X felony, for which
a fine not to exceed $100,000 may | 6 |
| be imposed and for which liability for
the cost of conducting | 7 |
| the investigation and eradicating such plants may be
assessed. | 8 |
| Compensation for expenses incurred in the enforcement of this
| 9 |
| provision shall be transmitted to and deposited in the | 10 |
| treasurer's office
at the level of government represented by | 11 |
| the Illinois law enforcement
agency whose officers or employees | 12 |
| conducted the investigation or caused
the arrest or arrests | 13 |
| leading to the prosecution, to be subsequently made
available | 14 |
| to that law enforcement agency as expendable receipts for use | 15 |
| in
the enforcement of laws regulating controlled substances and | 16 |
| cannabis. If
such seizure was made by a combination of law | 17 |
| enforcement personnel
representing different levels of | 18 |
| government, the court levying the
assessment shall determine | 19 |
| the allocation of such assessment. The proceeds
of assessment | 20 |
| awarded to the State treasury shall be deposited in a special
| 21 |
| fund known as the Drug Traffic Prevention Fund.
| 22 |
| (2) Any person authorized pursuant to the provisions of the | 23 |
| Compassionate Use of Medical Cannabis Pilot Program Act to | 24 |
| produce or possess the cannabis sativa plant, who knowingly | 25 |
| produces the cannabis sativa plant or possesses such plants or | 26 |
| delivers such plants except as provided for in the |
|
|
|
HB2514 |
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LRB096 11309 RLC 21742 b |
|
| 1 |
| Compassionate Use of Medical Cannabis Pilot Program Act, is | 2 |
| guilty of violating this Section. Any violation of this | 3 |
| subsection (2) shall be punished according to the number of | 4 |
| plants involved in the violation as provided in subsection (1) | 5 |
| of this Section. | 6 |
| (Source: P.A. 95-247, eff. 1-1-08.)
| 7 |
| (720 ILCS 550/11 rep.)
| 8 |
| (720 ILCS 550/15 rep.)
| 9 |
| Section 96. The Cannabis Control Act is amended by | 10 |
| repealing Sections 11 and 15. | 11 |
| Section 97. Severability. The provisions of this Act are | 12 |
| severable under Section 1.31 of the Statute on Statutes.
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|