sugaryDAVE
Well-Known Member
dose any one have any accurate information about the bill they passed or are trying to pass in Illinois , is any of it true? i would realy like to kno thanks.
illinois marijuna laws, true false?
- Thread starter sugaryDAVE
- Start date
RetiredToker76
Well-Known Member
google my friend.
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2514&GAID=10&DocTypeID=HB&LegId=44766&SessionID=76&GA=96
http://www.trendtrack.com/texis/app/viewrpt/+RxevPjZezxww?report=49a329721&style=47a739c491
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2514
Introduced 2/20/2009, by Rep. Lou Lang - Angelo Saviano
SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 550/8 from Ch. 56 1/2, par. 708 720 ILCS 550/11 rep.
720 ILCS 550/15 rep.
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 Provides that the Act is repealed 3 years after its effective date.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.
LRB096 11309 RLC 21742 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB2514
LRB096 11309 RLC 21742 b
1
AN ACT concerning alternative treatment for serious 2
diseases causing chronic pain and debilitating conditions.
3
Be it enacted by the People of the State of Illinois, 4
represented in the General Assembly:
5
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
HB2514 - 2 - LRB096 11309 RLC 21742 b
1
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.
HB2514 - 3 - LRB096 11309 RLC 21742 b
1
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
HB2514 - 4 - LRB096 11309 RLC 21742 b
1
characteristic of epilepsy; or severe and persistent 2
muscle spasms, including but not limited to those 3
characteristic of multiple sclerosis; or4
(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
HB2514 - 5 - LRB096 11309 RLC 21742 b
1
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.
HB2514 - 6 - LRB096 11309 RLC 21742 b
1
(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
HB2514 - 7 - LRB096 11309 RLC 21742 b
1
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
HB2514 - 8 - LRB096 11309 RLC 21742 b
1
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; and11
(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
HB2514 - 9 - LRB096 11309 RLC 21742 b
1
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
HB2514 - 10 - LRB096 11309 RLC 21742 b
1
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
HB2514 - 11 - LRB096 11309 RLC 21742 b
1
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
HB2514 - 12 - LRB096 11309 RLC 21742 b
1
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:
HB2514 - 13 - LRB096 11309 RLC 21742 b
1
(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; and8
(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; and18
(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; and24
(C) control the acquisition of the cannabis, the 25
dosage, and the frequency of the medical use of 26
cannabis by the qualifying patient.
HB2514 - 14 - LRB096 11309 RLC 21742 b
1
(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;
HB2514 - 15 - LRB096 11309 RLC 21742 b
1
(4) A random identification number that is unique to 2
the cardholder; and3
(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
HB2514 - 16 - LRB096 11309 RLC 21742 b
1
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.
HB2514 - 17 - LRB096 11309 RLC 21742 b
1
(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
HB2514 - 18 - LRB096 11309 RLC 21742 b
1
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.
HB2514 - 19 - LRB096 11309 RLC 21742 b
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; or11
(C) in any correctional facility.12
(3) Smoke cannabis:13
(A) on any form of public transportation; or14
(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; or26
(2) An employer to accommodate the ingestion of
HB2514 - 20 - LRB096 11309 RLC 21742 b
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
HB2514 - 21 - LRB096 11309 RLC 21742 b
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; and6
(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
and14
(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
HB2514 - 22 - LRB096 11309 RLC 21742 b
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; or7
(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
HB2514 - 23 - LRB096 11309 RLC 21742 b
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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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,
HB2514 - 25 - LRB096 11309 RLC 21742 b
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; and17
(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
HB2514 - 26 - LRB096 11309 RLC 21742 b
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; and20
(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
HB2514 - 27 - LRB096 11309 RLC 21742 b
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.
HB2514 - 28 - LRB096 11309 RLC 21742 b
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
HB2514 - 29 - 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,
HB2514 - 30 - 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
HB2514 - 31 - LRB096 11309 RLC 21742 b
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/
(from Ch. 56 1/2, par. 70 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
HB2514 - 32 - 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
HB2514 - 33 - LRB096 11309 RLC 21742 b
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 - 34 - 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.
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2514&GAID=10&DocTypeID=HB&LegId=44766&SessionID=76&GA=96
http://www.trendtrack.com/texis/app/viewrpt/+RxevPjZezxww?report=49a329721&style=47a739c491
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2514
Introduced 2/20/2009, by Rep. Lou Lang - Angelo Saviano
SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 550/8 from Ch. 56 1/2, par. 708 720 ILCS 550/11 rep.
720 ILCS 550/15 rep.
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.
LRB096 11309 RLC 21742 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB2514
LRB096 11309 RLC 21742 b
1
AN ACT concerning alternative treatment for serious 2
diseases causing chronic pain and debilitating conditions.
3
Be it enacted by the People of the State of Illinois, 4
represented in the General Assembly:
5
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
HB2514 - 2 - LRB096 11309 RLC 21742 b
1
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.
HB2514 - 3 - LRB096 11309 RLC 21742 b
1
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
HB2514 - 4 - LRB096 11309 RLC 21742 b
1
characteristic of epilepsy; or severe and persistent 2
muscle spasms, including but not limited to those 3
characteristic of multiple sclerosis; or4
(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
HB2514 - 5 - LRB096 11309 RLC 21742 b
1
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.
HB2514 - 6 - LRB096 11309 RLC 21742 b
1
(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
HB2514 - 7 - LRB096 11309 RLC 21742 b
1
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
HB2514 - 8 - LRB096 11309 RLC 21742 b
1
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; and11
(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
HB2514 - 9 - LRB096 11309 RLC 21742 b
1
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
HB2514 - 10 - LRB096 11309 RLC 21742 b
1
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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1
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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1
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
(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; and8
(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; and18
(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; and24
(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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1
(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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1
(4) A random identification number that is unique to 2
the cardholder; and3
(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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1
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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1
(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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1
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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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; or11
(C) in any correctional facility.12
(3) Smoke cannabis:13
(A) on any form of public transportation; or14
(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; or26
(2) An employer to accommodate the ingestion of
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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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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; and6
(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
and14
(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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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; or7
(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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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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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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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; and17
(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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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; and20
(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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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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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
HB2514 - 29 - 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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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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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/
(from Ch. 56 1/2, par. 70 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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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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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 - 34 - 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.
misshestermoffitt
New Member
We're getting there.
Medical Marijuana Bill Passes House Comm - The Illinois House Human Services Committee passed a bill Wednesday that would allow seriously ill patients with certain debilitating conditions who have their doctors’ recommendations to use medical marijuana without fear of arrest.
The bill passed by a vote of 4-3, according to the Marijuana Policy Project (MPP), a marijuana policy reform organization. A companion bill, SB 1381, is sponsored by Sen. Bill Haine (D-Alton) in the Illinois Senate and is expected to receive a hearing in the Senate Public Health Committee next Tuesday, a release from MPP said.
HB 2514, the House medical marijuana bill, is sponsored by Rep. Lou Lang (D-Skokie).
This isn't the first time a medical marijuana bill was introduced in the Illinois House, the group says, but it is the first time a House committee passed such a bill.
http://www.myfoxchicago.com/dpp/news/Medical_Marijuana_mar0409http://safeaccessnow.org/article.php?id=4322
Medical Marijuana Bill Passes House Comm - The Illinois House Human Services Committee passed a bill Wednesday that would allow seriously ill patients with certain debilitating conditions who have their doctors’ recommendations to use medical marijuana without fear of arrest.
The bill passed by a vote of 4-3, according to the Marijuana Policy Project (MPP), a marijuana policy reform organization. A companion bill, SB 1381, is sponsored by Sen. Bill Haine (D-Alton) in the Illinois Senate and is expected to receive a hearing in the Senate Public Health Committee next Tuesday, a release from MPP said.
HB 2514, the House medical marijuana bill, is sponsored by Rep. Lou Lang (D-Skokie).
This isn't the first time a medical marijuana bill was introduced in the Illinois House, the group says, but it is the first time a House committee passed such a bill.
http://www.myfoxchicago.com/dpp/news/Medical_Marijuana_mar0409http://safeaccessnow.org/article.php?id=4322
sugaryDAVE
Well-Known Member
ok im still not done reading everything but is it true is it realy Effective immediately. people can go and get a card in illinois?
sugaryDAVE
Well-Known Member
yeah man they have to be next!
misshestermoffitt
New Member
I don't think they're done voting on it. First it has to pass committees then they have to debate it and then it has to pass a vote. I'm only aware of it passing the house committee so far, I've not heard if it passed the Senate committee yet.
xXMaslanXx
Well-Known Member
wait....il in now a MM state?
abayareabum
Member
Iron Lion Zion
Well-Known Member
Mass is I thought...?
Quick Question: If its a MMJ state does that mean you can open dispensaries or is their further legislation that has to be passed for this to happen?
Also, before it can be enacted I think the Governor has to sign it as well... so for you Illinois people this means you have to have a Governor who can actually stay out of prison/not get impeached.
C
chitownsmoking
Guest
it still has to go to another vote and the governer needs to sign the bill. this is gonna be a proccess i hope it finally comes.
ak40kush
Active Member
and now to fustrate you all.....im glad i live in tollerant Canada where the cops are still assholes but atleast most of them are lenient on herb. i got my figers crossed for you guys though, the world needs reform. Fucck with how paranoid the western world is about pot id swear they were high lol
God's Balls
Active Member
It's funny, after moving to Cali and seeing how some folks work. Spending the holidays in Chicago, I can only shake my head at my friends' empty, cavernous basements. Sigh.