No good news. In fact, the division of medical cannabis’ position is completely misinformed as to what the law states. Here is a response from them this morning:
You submitted an application for the Medical Cannabis Pilot Program, your application will be processed for the Medical Cannabis Pilot Program not the Opioid Alternative Pilot Program. These programs are not the same and when the
Opioid Alt. P. Prog is up and running, this program will have different applications, different processing steps, different rules and regulations, different everything. One program will not have anything to do with the other.
So to clarify, your application will not cross over to the
Opioid Alt. P. Prog. at any time. You applied for the
Med. Cannabis P. Prog not the
Opioid Alt. P. Prog and thus you will be a patient for
Med. Cannabis P. Prog. The Division of Medical Cannabis does not provide “provisional” anything.
However, the now effective emergency rules state:
Page 22255–
Reason for Emergency: The Department is adopting these emergency amendments to
implement PA
100-1114, effective August 28, 2018, which requires the adoption of
emergency rules by December 1, 2018 to implement the changes to provisions of the
Compassionate Use of Medical Cannabis Pilot Program Act.
The amendments provide
for provisional access to licensed medical cannabis dispensary organizations for persons
applying to the Medical Cannabis Pilot Programand define the requirements for
participation in the Opioid Alternative Pilot Program. The amendments are necessary to
aid the Department in approving registration identification cards for provisional access to
medical cannabis dispensing organizations to assure access to medical cannabis for
alleviating symptoms associated with one or more debilitating conditions. Also, the new
sections will allow the Department to implement the new Opioid Alternative Pilot
Program
Furthermore, page 22264 states:
"Provisional registration" means a document issued by the Department of Public
Health to
a qualifying patient or designated caregiver who has submitted: (1) an
valid and complete online application and paid a fee to participate in the
Compassionate Use of Medical Cannabis Pilot Program pending approval or
denial of the patient's application; or (2) a completed application for terminal
illness. (Section 10(s-5) of the Act).
So the IDPH needs to figure it out or I could imagine a number of
ultra vires claims being filed against the IDPH for blatantly ignoring what the emergency rules now state, since the enforcement of administrative rules and regulations have the force and effect of law. Just my two cents.
