Public Act 098-0775
 
SB2636 EnrolledLRB098 15170 RPM 50147 b


  
    AN ACT concerning public health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Compassionate Use of Medical Cannabis Pilot 
Program Act is amended  by changing Sections 10 and 60 as 
follows:
 
    (410 ILCS 130/10)
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 10. Definitions.  The following terms, as used in this 
Act, shall have the meanings set forth in this Section:

    (a) "Adequate supply" means:


        (1) 2.5 ounces of usable cannabis during a period of 14 
    days and that is derived solely from an intrastate source.


        (2) Subject to the rules of the Department of Public 
    Health, a patient may apply for a waiver where a physician 
    provides a substantial medical basis in a signed, written 
    statement asserting that, based on the patient's medical 
    history, in the physician's professional judgment, 2.5 
    ounces is an insufficient adequate supply for a 14-day 
    period to properly alleviate the patient's debilitating 
    medical condition or symptoms associated with the 
    debilitating medical condition.


        (3) This subsection may not be construed to authorize 
    the possession of more than 2.5 ounces at any time without 
    authority from the Department of Public Health.


        (4) The pre-mixed weight of medical cannabis used in 
    making a cannabis infused product shall apply toward the 
    limit on the total amount of medical cannabis a registered 
    qualifying patient may possess at any one time.
    (b) "Cannabis" has the meaning given that term in Section 3 
of the Cannabis Control Act.


    (c) "Cannabis plant monitoring system" means a system that 
includes, but is not limited to, testing and data collection 
established and maintained by the registered cultivation 
center and available to the Department for the purposes of 
documenting each cannabis plant and for monitoring plant 
development throughout the life cycle of a cannabis plant 
cultivated for the intended use by a qualifying patient from 
seed planting to final packaging.


    (d) "Cardholder" means a qualifying patient or a designated 
caregiver who has been issued and possesses a valid registry 
identification card by the Department of Public Health.


    (e) "Cultivation center" means a facility operated by an 
organization or business that is registered by the Department 
of Agriculture to perform necessary activities to provide only 
registered medical cannabis dispensing organizations with 
usable medical cannabis.


    (f) "Cultivation center agent" means a principal officer, 
board member, employee, or agent of a registered cultivation 
center who is 21 years of age or older and has not been 
convicted of an excluded offense.


    (g) "Cultivation center agent identification card" means a 
document issued by the Department of Agriculture that 
identifies a person as a cultivation center agent.


    (h) "Debilitating medical condition" means one or more of 
the following:
        (1) cancer, glaucoma, positive status for human 
    immunodeficiency virus, acquired immune deficiency 
    syndrome, hepatitis C, amyotrophic lateral sclerosis, 
    Crohn's disease, agitation of Alzheimer's disease, 
    cachexia/wasting syndrome, muscular dystrophy, severe 
    fibromyalgia, spinal cord disease, including but not 
    limited to arachnoiditis, Tarlov cysts, hydromyelia, 
    syringomyelia, Rheumatoid arthritis, fibrous dysplasia, 
    spinal cord injury, traumatic brain injury and 
    post-concussion syndrome, Multiple Sclerosis, 
    Arnold-Chiari malformation and Syringomyelia, 
    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, 
    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD 
    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS 
    (Complex Regional Pain Syndromes Type II), 
    Neurofibromatosis, Chronic Inflammatory Demyelinating 
    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial 
    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella 
    syndrome, residual limb pain, seizures (including those 
    characteristic of epilepsy), or the treatment of these 
    conditions; or

        (2) any other debilitating medical condition or its 
    treatment that is added by the Department of Public Health 
    by rule as provided in Section 45.
    (i) "Designated caregiver" means a person who: (1) is at 
least 21 years of age; (2) has agreed to assist  with a 
patient's medical use of cannabis; (3) has not been convicted 
of an excluded offense; and (4) assists no more than one 
registered qualifying patient with his or her medical use of 
cannabis.


    (j) "Dispensing organization agent identification card" 
means a document issued by the Department of Financial and 
Professional Regulation that identifies a person as a medical 
cannabis dispensing organization agent.


    (k) "Enclosed, locked facility" means a room, greenhouse, 
building, or other enclosed area equipped with locks or other 
security devices that permit access only by a cultivation 
center's agents or a dispensing organization's agent working 
for the registered cultivation center or the registered 
dispensing organization to cultivate, store, and distribute 
cannabis for registered qualifying patients.


    (l) "Excluded offense" means:

        (1) a violent crime defined in Section 3 of the Rights 
    of Crime Victims and Witnesses Act or a substantially 
    similar offense that was classified as a felony in the 
    jurisdiction where the person was convicted; or


        (2) a violation of a state or federal controlled 
    substance law that was classified as a felony in the 
    jurisdiction where the person was convicted, except that 
    the registering Department may waive this restriction if 
    the person demonstrates to the registering Department's 
    satisfaction that his or her conviction was for the 
    possession, cultivation, transfer, or delivery of a 
    reasonable amount of cannabis intended for medical use. 
    This exception does not apply if the conviction was under 
    state law and involved a violation of an existing medical 
    cannabis law.


    (m) "Medical cannabis cultivation center registration" 
means a registration issued by the Department of Agriculture.
    (n) "Medical cannabis container" means a sealed, 
traceable, food compliant, tamper resistant, tamper evident 
container, or package used for the purpose of containment of 
medical cannabis from a cultivation center to a dispensing 
organization.


    (o) "Medical cannabis dispensing organization", or 
"dispensing organization",  or "dispensary organization" means 
a facility operated by an organization or business that is 
registered by the Department of Financial and Professional 
Regulation to acquire medical cannabis from a registered 
cultivation center for the purpose of dispensing cannabis, 
paraphernalia, or related supplies and educational materials 
to registered qualifying patients.


    (p) "Medical cannabis dispensing organization agent"  or 
"dispensing organization agent" means a principal officer, 
board member, employee, or agent of a registered medical 
cannabis dispensing organization who is 21 years of age or 
older and has not been convicted of an excluded offense.


    (q) "Medical cannabis infused product" means food, oils, 
ointments, or other products containing usable cannabis that 
are not smoked.


    (r) "Medical use" means the acquisition; administration; 
delivery; possession; transfer; transportation; or use of 
cannabis to treat or alleviate a registered qualifying 
patient's debilitating medical condition or symptoms 
associated with the patient's debilitating medical condition.


    (s) "Physician" means a doctor of medicine or doctor of 
osteopathy licensed under the Medical Practice Act of 1987 to 
practice medicine and who has a controlled substances license 
under Article III of the Illinois Controlled Substances Act. It 
does not include a licensed practitioner under any other Act 
including but not limited to the Illinois Dental Practice Act.


    (t) "Qualifying patient" means a person who has been 
diagnosed by a physician as having a debilitating medical 
condition.


    (u) "Registered" means licensed, permitted, or otherwise 
certified by the Department of Agriculture, Department of 
Public Health, or Department of Financial and Professional 
Regulation.


    (v) "Registry identification card" means a document issued 
by the Department of Public Health that identifies a person as 
a registered qualifying patient or registered designated 
caregiver.


    (w) "Usable cannabis" means the seeds, leaves, buds, and 
flowers of the cannabis plant and any mixture or preparation 
thereof, but does not include the stalks, and roots of the 
plant. It does not include the weight of any non-cannabis 
ingredients combined with cannabis, such as ingredients added 
to prepare a topical administration, food, or drink.


    (x) "Verification system" means a Web-based system 
established and maintained by the Department of Public Health 
that is available to the Department of Agriculture, the 
Department of Financial and Professional Regulation, law 
enforcement personnel, and registered medical cannabis 
dispensing organization agents on a 24-hour basis for the 
verification of registry


identification cards, the tracking of 
delivery of medical cannabis to medical cannabis dispensing 
organizations, and the tracking of the date of sale, amount, 
and price of medical cannabis purchased by a registered 
qualifying patient.


    (y) "Written certification" means a document dated and 
signed by a physician, stating (1) that in the physician's 
professional opinion the patient is likely to receive 
therapeutic or palliative benefit from the medical use of 
cannabis to treat or alleviate the patient's debilitating 
medical condition or symptoms associated with the debilitating 
medical condition; (2) that the qualifying patient has a 
debilitating medical condition and specifying the debilitating 
medical condition the qualifying patient has; and (3) that the 
patient is under the physician's care for the debilitating 
medical condition. A written certification shall be made only 
in the course of a bona fide physician-patient relationship, 
after the physician has completed an assessment of the 
qualifying patient's medical history, reviewed relevant 
records related to the patient's debilitating condition, and 
conducted a physical examination.
    A veteran who has received treatment at a VA hospital shall 
be deemed to have a bona fide physician-patient relationship 
with a VA physician if the patient has been seen for his or her 
debilitating medical condition at the VA Hospital in accordance 
with VA Hospital protocols.
    A bona fide physician-patient relationship under this 
subsection is a privileged communication within the meaning of 
Section 8-802 of the Code of Civil Procedure.


(Source: P.A. 98-122, eff. 1-1-14.)
 
    (410 ILCS 130/60)
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 60. Issuance of registry identification cards.
 
    (a) Except as provided in subsection (b), the Department of 
Public Health shall:


        (1) verify the information contained in an application 
    or renewal for a registry identification card submitted 
    under this Act, and approve or deny an application or 
    renewal, within 30 days of receiving a completed 
    application or renewal application and all supporting 
    documentation specified in Section 55;


        (2) issue registry identification cards to a 
    qualifying patient and his or her designated caregiver, if 
    any, within 15 business days of approving the application 
    or renewal;


        (3) enter the registry identification number of the 
    registered dispensing organization the patient designates 
    into the verification system; and


        (4) allow for an electronic application process, and 
    provide a confirmation by electronic or other methods that 
    an application has been submitted.


    (b) The Department of Public Health may not issue a 
registry identification card to a qualifying patient who is 
under  18 years of age, unless that patient suffers from 
seizures, including those characteristic of epilepsy, or as 
provided by administrative rule. The Department of Public 
Health shall adopt rules for the issuance of a registry 
identification card for qualifying patients who are under  18 
years of age and suffering from seizures, including those 
characteristic of epilepsy.

The Department of Public Health may 
adopt rules to allow other individuals under 18 years of age to 
become registered qualifying patients under this Act with the 
consent of a parent or legal guardian.  Registered qualifying 
patients under 18 years of age shall be prohibited from 
consuming forms of cannabis other than medical cannabis infused 
products and purchasing any usable cannabis. 
    (c) A veteran who has received treatment at a VA hospital 
is deemed to have a bona fide physician-patient relationship 
with a VA physician if the patient has been seen for his or her 
debilitating medical condition at the VA hospital in accordance 
with VA hospital protocols.
All reasonable inferences 
regarding the existence of a bona fide physician-patient 
relationship shall be drawn in favor of an applicant who is a 
veteran and has undergone treatment at a VA hospital.


    (d) Upon the approval of the registration and issuance of a 
registry card under this Section, the Department of Public 
Health shall forward the designated caregiver or registered 
qualified patient's driver's registration number to the 
Secretary of State and certify that the individual is permitted 
to engage in the medical use of cannabis. For the purposes of 
law enforcement, the Secretary of State shall make a notation 
on the person's driving record stating the person is a 
registered qualifying patient who is entitled to the lawful 
medical use of cannabis. If the person no longer holds a valid 
registry card, the Department shall notify the Secretary of 
State and the Secretary of State shall remove the notation from 
the person's driving record. The Department and the Secretary 
of State may establish a system by which the information may be 
shared electronically.


(Source: P.A. 98-122, eff. 1-1-14.)


Effective Date:  1/1/2015