103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5633 Introduced 2/9/2024, by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 410 ILCS 130/60410 ILCS 130/62410 ILCS 130/70410 ILCS 130/75 Amends the Compassionate Use of Medical Cannabis Program Act. Removes the requirement that, in order to substantiate a patient's medical condition, a patient must provide the name of the registered medical cannabis dispensing organization. Provides that a patient may purchase medical cannabis from any licensed dispensing organization during the provisional registration period. Makes conforming changes throughout. Effective immediately. LRB103 38963 CES 69100 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5633 Introduced 2/9/2024, by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 410 ILCS 130/60410 ILCS 130/62410 ILCS 130/70410 ILCS 130/75 410 ILCS 130/60 410 ILCS 130/62 410 ILCS 130/70 410 ILCS 130/75 Amends the Compassionate Use of Medical Cannabis Program Act. Removes the requirement that, in order to substantiate a patient's medical condition, a patient must provide the name of the registered medical cannabis dispensing organization. Provides that a patient may purchase medical cannabis from any licensed dispensing organization during the provisional registration period. Makes conforming changes throughout. Effective immediately. LRB103 38963 CES 69100 b LRB103 38963 CES 69100 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5633 Introduced 2/9/2024, by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
410 ILCS 130/60410 ILCS 130/62410 ILCS 130/70410 ILCS 130/75 410 ILCS 130/60 410 ILCS 130/62 410 ILCS 130/70 410 ILCS 130/75
410 ILCS 130/60
410 ILCS 130/62
410 ILCS 130/70
410 ILCS 130/75
Amends the Compassionate Use of Medical Cannabis Program Act. Removes the requirement that, in order to substantiate a patient's medical condition, a patient must provide the name of the registered medical cannabis dispensing organization. Provides that a patient may purchase medical cannabis from any licensed dispensing organization during the provisional registration period. Makes conforming changes throughout. Effective immediately.
LRB103 38963 CES 69100 b LRB103 38963 CES 69100 b
LRB103 38963 CES 69100 b
A BILL FOR
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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Compassionate Use of Medical Cannabis
5 Program Act is amended by changing Sections 60, 62, 70, and 75
6 as follows:
7 (410 ILCS 130/60)
8 Sec. 60. Issuance of registry identification cards.
9 (a) Except as provided in subsection (b), the Department
10 of Public Health shall:
11 (1) verify the information contained in an application
12 or renewal for a registry identification card submitted
13 under this Act, and approve or deny an application or
14 renewal, within 90 days of receiving a completed
15 application or renewal application and all supporting
16 documentation specified in Section 55;
17 (2) issue registry identification cards to a
18 qualifying patient and his or her designated caregiver, if
19 any, within 15 business days of approving the application
20 or renewal;
21 (3) (blank); and enter the registry identification
22 number of the registered dispensing organization the
23 patient designates into the verification system; and
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5633 Introduced 2/9/2024, by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
410 ILCS 130/60410 ILCS 130/62410 ILCS 130/70410 ILCS 130/75 410 ILCS 130/60 410 ILCS 130/62 410 ILCS 130/70 410 ILCS 130/75
410 ILCS 130/60
410 ILCS 130/62
410 ILCS 130/70
410 ILCS 130/75
Amends the Compassionate Use of Medical Cannabis Program Act. Removes the requirement that, in order to substantiate a patient's medical condition, a patient must provide the name of the registered medical cannabis dispensing organization. Provides that a patient may purchase medical cannabis from any licensed dispensing organization during the provisional registration period. Makes conforming changes throughout. Effective immediately.
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LRB103 38963 CES 69100 b
A BILL FOR
410 ILCS 130/60
410 ILCS 130/62
410 ILCS 130/70
410 ILCS 130/75
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1 (4) allow for an electronic application process, and
2 provide a confirmation by electronic or other methods that
3 an application has been submitted.
4 Notwithstanding any other provision of this Act, the
5 Department of Public Health shall adopt rules for qualifying
6 patients and applicants with life-long debilitating medical
7 conditions, who may be charged annual renewal fees. The
8 Department of Public Health shall not require patients and
9 applicants with life-long debilitating medical conditions to
10 apply to renew registry identification cards.
11 (b) The Department of Public Health may not issue a
12 registry identification card to a qualifying patient who is
13 under 18 years of age, unless that patient suffers from
14 seizures, including those characteristic of epilepsy, or as
15 provided by administrative rule. The Department of Public
16 Health shall adopt rules for the issuance of a registry
17 identification card for qualifying patients who are under 18
18 years of age and suffering from seizures, including those
19 characteristic of epilepsy. The Department of Public Health
20 may adopt rules to allow other individuals under 18 years of
21 age to become registered qualifying patients under this Act
22 with the consent of a parent or legal guardian. Registered
23 qualifying patients under 18 years of age shall be prohibited
24 from consuming forms of cannabis other than medical cannabis
25 infused products and purchasing any usable cannabis.
26 (c) A veteran who has received treatment at a VA hospital
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1 is deemed to have a bona fide health care professional-patient
2 relationship with a VA certifying health care professional if
3 the patient has been seen for his or her debilitating medical
4 condition at the VA hospital in accordance with VA hospital
5 protocols. All reasonable inferences regarding the existence
6 of a bona fide health care professional-patient relationship
7 shall be drawn in favor of an applicant who is a veteran and
8 has undergone treatment at a VA hospital.
9 (c-10) An individual who submits an application as someone
10 who is terminally ill shall have all fees waived. The
11 Department of Public Health shall within 30 days after this
12 amendatory Act of the 99th General Assembly adopt emergency
13 rules to expedite approval for terminally ill individuals.
14 These rules shall include, but not be limited to, rules that
15 provide that applications by individuals with terminal
16 illnesses shall be approved or denied within 14 days of their
17 submission.
18 (d) No later than 6 months after the effective date of this
19 amendatory Act of the 101st General Assembly, the Secretary of
20 State shall remove all existing notations on driving records
21 that the person is a registered qualifying patient or his or
22 her caregiver under this Act.
23 (e) Upon the approval of the registration and issuance of
24 a registry card under this Section, the Department of Public
25 Health shall electronically forward the registered qualifying
26 patient's identification card information to the Prescription
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1 Monitoring Program established under the Illinois Controlled
2 Substances Act and certify that the individual is permitted to
3 engage in the medical use of cannabis. For the purposes of
4 patient care, the Prescription Monitoring Program shall make a
5 notation on the person's prescription record stating that the
6 person is a registered qualifying patient who is entitled to
7 the lawful medical use of cannabis. If the person no longer
8 holds a valid registry card, the Department of Public Health
9 shall notify the Prescription Monitoring Program and
10 Department of Human Services to remove the notation from the
11 person's record. The Department of Human Services and the
12 Prescription Monitoring Program shall establish a system by
13 which the information may be shared electronically. This
14 confidential list may not be combined or linked in any manner
15 with any other list or database except as provided in this
16 Section.
17 (f) (Blank).
18 (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
19 101-593, eff. 12-4-19.)
20 (410 ILCS 130/62)
21 Sec. 62. Opioid Alternative Pilot Program.
22 (a) The Department of Public Health shall establish the
23 Opioid Alternative Pilot Program. Licensed dispensing
24 organizations shall allow persons with a written certification
25 from a certifying health care professional under Section 36 to
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1 purchase medical cannabis upon enrollment in the Opioid
2 Alternative Pilot Program. The Department of Public Health
3 shall adopt rules or establish procedures allowing qualified
4 veterans to participate in the Opioid Alternative Pilot
5 Program. For a person to receive medical cannabis under this
6 Section, the person must present the written certification
7 along with a valid driver's license or state identification
8 card to the licensed dispensing organization specified in his
9 or her application. The dispensing organization shall verify
10 the person's status as an Opioid Alternative Pilot Program
11 participant through the Department of Public Health's online
12 verification system.
13 (b) The Opioid Alternative Pilot Program shall be limited
14 to participation by Illinois residents age 21 and older.
15 (c) The Department of Financial and Professional
16 Regulation shall specify that all licensed dispensing
17 organizations participating in the Opioid Alternative Pilot
18 Program use the Illinois Cannabis Tracking System. The
19 Department of Public Health shall establish and maintain the
20 Illinois Cannabis Tracking System. The Illinois Cannabis
21 Tracking System shall be used to collect information about all
22 persons participating in the Opioid Alternative Pilot Program
23 and shall be used to track the sale of medical cannabis for
24 verification purposes.
25 Each dispensing organization shall retain a copy of the
26 Opioid Alternative Pilot Program certification and other
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1 identifying information as required by the Department of
2 Financial and Professional Regulation, the Department of
3 Public Health, and the Illinois State Police in the Illinois
4 Cannabis Tracking System.
5 The Illinois Cannabis Tracking System shall be accessible
6 to the Department of Financial and Professional Regulation,
7 Department of Public Health, Department of Agriculture, and
8 the Illinois State Police.
9 The Department of Financial and Professional Regulation in
10 collaboration with the Department of Public Health shall
11 specify the data requirements for the Opioid Alternative Pilot
12 Program by licensed dispensing organizations; including, but
13 not limited to, the participant's full legal name, address,
14 and date of birth, date on which the Opioid Alternative Pilot
15 Program certification was issued, length of the participation
16 in the Program, including the start and end date to purchase
17 medical cannabis, name of the issuing physician, copy of the
18 participant's current driver's license or State identification
19 card, and phone number.
20 The Illinois Cannabis Tracking System shall provide
21 verification of a person's participation in the Opioid
22 Alternative Pilot Program for law enforcement at any time and
23 on any day.
24 (d) The certification for Opioid Alternative Pilot Program
25 participant must be issued by a certifying health care
26 professional who is licensed to practice in Illinois under the
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1 Medical Practice Act of 1987, the Nurse Practice Act, or the
2 Physician Assistant Practice Act of 1987 and who is in good
3 standing and holds a controlled substances license under
4 Article III of the Illinois Controlled Substances Act.
5 The certification for an Opioid Alternative Pilot Program
6 participant shall be written within 90 days before the
7 participant submits his or her certification to the dispensing
8 organization.
9 The written certification uploaded to the Illinois
10 Cannabis Tracking System shall be accessible to the Department
11 of Public Health.
12 (e) Upon verification of the individual's valid
13 certification and enrollment in the Illinois Cannabis Tracking
14 System, the dispensing organization may dispense the medical
15 cannabis, in amounts not exceeding 2.5 ounces of medical
16 cannabis per 14-day period to the participant at the
17 participant's specified dispensary for no more than 90 days.
18 An Opioid Alternative Pilot Program participant shall not
19 be registered as a medical cannabis cardholder. The dispensing
20 organization shall verify that the person is not an active
21 registered qualifying patient prior to enrollment in the
22 Opioid Alternative Pilot Program and each time medical
23 cannabis is dispensed.
24 Upon receipt of a written certification under the Opioid
25 Alternative Pilot Program, the Department of Public Health
26 shall electronically forward the patient's identification
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1 information to the Prescription Monitoring Program established
2 under the Illinois Controlled Substances Act and certify that
3 the individual is permitted to engage in the medical use of
4 cannabis. For the purposes of patient care, the Prescription
5 Monitoring Program shall make a notation on the person's
6 prescription record stating that the person has a written
7 certification under the Opioid Alternative Pilot Program and
8 is a patient who is entitled to the lawful medical use of
9 cannabis. If the person is no longer authorized to engage in
10 the medical use of cannabis, the Department of Public Health
11 shall notify the Prescription Monitoring Program and
12 Department of Human Services to remove the notation from the
13 person's record. The Department of Human Services and the
14 Prescription Monitoring Program shall establish a system by
15 which the information may be shared electronically. This
16 confidential list may not be combined or linked in any manner
17 with any other list or database except as provided in this
18 Section.
19 (f) An Opioid Alternative Pilot Program participant shall
20 not be considered a qualifying patient with a debilitating
21 medical condition under this Act and shall be provided access
22 to medical cannabis solely for the duration of the
23 participant's certification. Nothing in this Section shall be
24 construed to limit or prohibit an Opioid Alternative Pilot
25 Program participant who has a debilitating medical condition
26 from applying to the Compassionate Use of Medical Cannabis
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1 Program.
2 (g) A person with a provisional registration under Section
3 55 shall not be considered an Opioid Alternative Pilot Program
4 participant.
5 (h) The Department of Financial and Professional
6 Regulation and the Department of Public Health shall submit
7 emergency rulemaking to implement the changes made by this
8 amendatory Act of the 100th General Assembly by December 1,
9 2018. The Department of Financial and Professional Regulation,
10 the Department of Agriculture, the Department of Human
11 Services, the Department of Public Health, and the Illinois
12 State Police shall utilize emergency purchase authority for 12
13 months after the effective date of this amendatory Act of the
14 100th General Assembly for the purpose of implementing the
15 changes made by this amendatory Act of the 100th General
16 Assembly.
17 (i) Dispensing organizations are not authorized to
18 dispense medical cannabis to Opioid Alternative Pilot Program
19 participants until administrative rules are approved by the
20 Joint Committee on Administrative Rules and go into effect.
21 (j) The provisions of this Section are inoperative on and
22 after July 1, 2025.
23 (Source: P.A. 101-363, eff. 8-9-19; 102-16, eff. 6-17-21.)
24 (410 ILCS 130/70)
25 Sec. 70. Registry identification cards.
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1 (a) A registered qualifying patient or designated
2 caregiver must keep their registry identification card in his
3 or her possession at all times when engaging in the medical use
4 of cannabis.
5 (b) Registry identification cards shall contain the
6 following:
7 (1) the name of the cardholder;
8 (2) a designation of whether the cardholder is a
9 designated caregiver or qualifying patient;
10 (3) the date of issuance and expiration date of the
11 registry identification card;
12 (4) a random alphanumeric identification number that
13 is unique to the cardholder;
14 (5) if the cardholder is a designated caregiver, the
15 random alphanumeric identification number of the
16 registered qualifying patient the designated caregiver is
17 receiving the registry identification card to assist; and
18 (6) a photograph of the cardholder, if required by
19 Department of Public Health rules.
20 (c) To maintain a valid registration identification card,
21 a registered qualifying patient and caregiver must annually
22 resubmit, at least 45 days prior to the expiration date stated
23 on the registry identification card, a completed renewal
24 application, renewal fee, and accompanying documentation as
25 described in Department of Public Health rules. The Department
26 of Public Health shall send a notification to a registered
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1 qualifying patient or registered designated caregiver 90 days
2 prior to the expiration of the registered qualifying patient's
3 or registered designated caregiver's identification card. If
4 the Department of Public Health fails to grant or deny a
5 renewal application received in accordance with this Section,
6 then the renewal is deemed granted and the registered
7 qualifying patient or registered designated caregiver may
8 continue to use the expired identification card until the
9 Department of Public Health denies the renewal or issues a new
10 identification card.
11 (d) Except as otherwise provided in this Section, the
12 expiration date is 3 years after the date of issuance.
13 (e) The Department of Public Health may electronically
14 store in the card any or all of the information listed in
15 subsection (b), along with the address and date of birth of the
16 cardholder and the qualifying patient's designated dispensary
17 organization, to allow it to be read by law enforcement
18 agents.
19 (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
20 (410 ILCS 130/75)
21 Sec. 75. Notifications to Department of Public Health and
22 responses; civil penalty.
23 (a) The following notifications and Department of Public
24 Health responses are required:
25 (1) A registered qualifying patient shall notify the
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1 Department of Public Health of any change in his or her
2 name or address, or if the registered qualifying patient
3 ceases to have his or her debilitating medical condition,
4 within 10 days of the change.
5 (2) A registered designated caregiver shall notify the
6 Department of Public Health of any change in his or her
7 name or address, or if the designated caregiver becomes
8 aware the registered qualifying patient passed away,
9 within 10 days of the change.
10 (3) Before a registered qualifying patient changes his
11 or her designated caregiver, the qualifying patient must
12 notify the Department of Public Health.
13 (4) If a cardholder loses his or her registry
14 identification card, he or she shall notify the Department
15 within 10 days of becoming aware the card has been lost.
16 (b) When a cardholder notifies the Department of Public
17 Health of items listed in subsection (a), but remains eligible
18 under this Act, the Department of Public Health shall issue
19 the cardholder a new registry identification card with a new
20 random alphanumeric identification number within 15 business
21 days of receiving the updated information and a fee as
22 specified in Department of Public Health rules. If the person
23 notifying the Department of Public Health is a registered
24 qualifying patient, the Department shall also issue his or her
25 registered designated caregiver, if any, a new registry
26 identification card within 15 business days of receiving the
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1 updated information.
2 (c) If a registered qualifying patient ceases to be a
3 registered qualifying patient or changes his or her registered
4 designated caregiver, the Department of Public Health shall
5 promptly notify the designated caregiver. The registered
6 designated caregiver's protections under this Act as to that
7 qualifying patient shall expire 15 days after notification by
8 the Department.
9 (d) A cardholder who fails to make a notification to the
10 Department of Public Health that is required by this Section
11 is subject to a civil infraction, punishable by a penalty of no
12 more than $150.
13 (e) (Blank). A registered qualifying patient shall notify
14 the Department of Public Health of any change to his or her
15 designated registered dispensing organization. The Department
16 of Public Health shall provide for immediate changes of a
17 registered qualifying patient's designated registered
18 dispensing organization. Registered dispensing organizations
19 must comply with all requirements of this Act.
20 (f) If the registered qualifying patient's certifying
21 health care professional notifies the Department in writing
22 that either the registered qualifying patient has ceased to
23 suffer from a debilitating medical condition, that the bona
24 fide health care professional-patient relationship has
25 terminated, or that continued use of medical cannabis would
26 result in contraindication with the patient's other
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1 medication, the card shall become null and void. However, the
2 registered qualifying patient shall have 15 days to destroy
3 his or her remaining medical cannabis and related
4 paraphernalia.
5 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
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