Illinois General Assembly - Full Text of Public Act 100-0660
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Public Act 100-0660


 

Public Act 0660 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0660
 
HB4870 EnrolledLRB100 20661 AXK 36111 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Section
22-33 as follows:
 
    (105 ILCS 5/22-33 new)
    Sec. 22-33. Medical cannabis.
    (a) This Section may be referred to as Ashley's Law.
    (a-5) In this Section, "designated caregiver", "medical
cannabis infused product", "qualifying patient", and
"registered" have the meanings given to those terms under
Section 10 of the Compassionate Use of Medical Cannabis Pilot
Program Act.
    (b) Subject to the restrictions under subsections (c)
through (g) of this Section, a school district, public school,
charter school, or nonpublic school shall authorize a parent or
guardian or any other individual registered with the Department
of Public Health as a designated caregiver of a student who is
a registered qualifying patient to administer a medical
cannabis infused product to the student on the premises of the
child's school or on the child's school bus if both the student
(as a registered qualifying patient) and the parent or guardian
or other individual (as a registered designated caregiver) have
been issued registry identification cards under the
Compassionate Use of Medical Cannabis Pilot Program Act. After
administering the product, the parent or guardian or other
individual shall remove the product from the school premises or
the school bus.
    (c) A parent or guardian or other individual may not
administer a medical cannabis infused product under this
Section in a manner that, in the opinion of the school district
or school, would create a disruption to the school's
educational environment or would cause exposure of the product
to other students.
    (d) A school district or school may not discipline a
student who is administered a medical cannabis infused product
by a parent or guardian or other individual under this Section
and may not deny the student's eligibility to attend school
solely because the student requires the administration of the
product.
    (e) Nothing in this Section requires a member of a school's
staff to administer a medical cannabis infused product to a
student.
    (f) A school district, public school, charter school, or
nonpublic school may not authorize the use of a medical
cannabis infused product under this Section if the school
district or school would lose federal funding as a result of
the authorization.
    (g) A school district, public school, charter school, or
nonpublic school shall adopt a policy to implement this
Section.
 
    Section 10. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Section 30 as follows:
 
    (410 ILCS 130/30)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 30. Limitations and penalties.
    (a) This Act does not permit any person to engage in, and
does not prevent the imposition of any civil, criminal, or
other penalties for engaging in, the following conduct:
        (1) Undertaking any task under the influence of
    cannabis, when doing so would constitute negligence,
    professional malpractice, or professional misconduct;
        (2) Possessing cannabis:
            (A) except as provided under Section 22-33 of the
        School Code, in a school bus;
            (B) except as provided under Section 22-33 of the
        School Code, on the grounds of any preschool or primary
        or secondary school;
            (C) in any correctional facility;
            (D) in a vehicle under Section 11-502.1 of the
        Illinois Vehicle Code;
            (E) in a vehicle not open to the public unless the
        medical cannabis is in a reasonably secured, sealed,
        tamper-evident container and reasonably inaccessible
        while the vehicle is moving; or
            (F) in a private residence that is used at any time
        to provide licensed child care or other similar social
        service care on the premises;
        (3) Using cannabis:
            (A) except as provided under Section 22-33 of the
        School Code, in a school bus;
            (B) except as provided under Section 22-33 of the
        School Code, on the grounds of any preschool or primary
        or secondary school;
            (C) in any correctional facility;
            (D) in any motor vehicle;
            (E) in a private residence that is used at any time
        to provide licensed child care or other similar social
        service care on the premises;
            (F) except as provided under Section 22-33 of the
        School Code, in any public place. "Public place" as
        used in this subsection means any place where an
        individual could reasonably be expected to be observed
        by others. A "public place" includes all parts of
        buildings owned in whole or in part, or leased, by the
        State or a local unit of government. A "public place"
        does not include a private residence unless the private
        residence is used to provide licensed child care,
        foster care, or other similar social service care on
        the premises. For purposes of this subsection, a
        "public place" does not include a health care facility.
        For purposes of this Section, a "health care facility"
        includes, but is not limited to, hospitals, nursing
        homes, hospice care centers, and long-term care
        facilities;
            (G) except as provided under Section 22-33 of the
        School Code, knowingly in close physical proximity to
        anyone under the age of 18 years of age;
        (4) Smoking medical cannabis in any public place where
    an individual could reasonably be expected to be observed
    by others, in a health care facility, or any other place
    where smoking is prohibited under the Smoke Free Illinois
    Act;
        (5) Operating, navigating, or being in actual physical
    control of any motor vehicle, aircraft, or motorboat while
    using or under the influence of cannabis in violation of
    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
        (6) Using or possessing cannabis if that person does
    not have a debilitating medical condition and is not a
    registered qualifying patient or caregiver;
        (7) Allowing any person who is not allowed to use
    cannabis under this Act to use cannabis that a cardholder
    is allowed to possess under this Act;
        (8) Transferring cannabis to any person contrary to the
    provisions of this Act;
        (9) The use of medical cannabis by an active duty law
    enforcement officer, correctional officer, correctional
    probation officer, or firefighter; or
        (10) The use of medical cannabis by a person who has a
    school bus permit or a Commercial Driver's License.
    (b) Nothing in this Act shall be construed to prevent the
arrest or prosecution of a registered qualifying patient for
reckless driving or driving under the influence of cannabis
where probable cause exists.
    (c) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, knowingly making a
misrepresentation to a law enforcement official of any fact or
circumstance relating to the medical use of cannabis to avoid
arrest or prosecution is a petty offense punishable by a fine
of up to $1,000, which shall be in addition to any other
penalties that may apply for making a false statement or for
the use of cannabis other than use undertaken under this Act.
    (d) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, any person who makes a
misrepresentation of a medical condition to a physician or
fraudulently provides material misinformation to a physician
in order to obtain a written certification is guilty of a petty
offense punishable by a fine of up to $1,000.
    (e) Any cardholder or registered caregiver who sells
cannabis shall have his or her registry identification card
revoked and is subject to other penalties for the unauthorized
sale of cannabis.
    (f) Any registered qualifying patient who commits a
violation of Section 11-502.1 of the Illinois Vehicle Code or
refuses a properly requested test related to operating a motor
vehicle while under the influence of cannabis shall have his or
her registry identification card revoked.
    (g) No registered qualifying patient or designated
caregiver shall knowingly obtain, seek to obtain, or possess,
individually or collectively, an amount of usable cannabis from
a registered medical cannabis dispensing organization that
would cause him or her to exceed the authorized adequate supply
under subsection (a) of Section 10.
    (h) Nothing in this Act shall prevent a private business
from restricting or prohibiting the medical use of cannabis on
its property.
    (i) Nothing in this Act shall prevent a university,
college, or other institution of post-secondary education from
restricting or prohibiting the use of medical cannabis on its
property.
(Source: P.A. 98-122, eff. 1-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/1/2018