Section 946.275  Suspension of a Registry Identification Card

a)         The Department will, based on the totality of the circumstances, suspend a registered qualifying patient's registry identification card for: 

1)         Failing to inform the Department of a change of address within 10 days after the change of address occurred;

2)         Having a medical cannabis registration disciplined by another U.S. jurisdiction;

3)         Failing to pay a fee or fine associated with the registry identification card, including, but not limited to, an application or renewal fee;

4)         Failing, within 30 days, to provide information in response to a written request made by the Department;

5)         Committing unethical or dishonorable conduct, including, but not limited to, engaging in conduct likely to deceive, defraud or harm the public;

6)         Being convicted by plea of guilty or nolo contedere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States of either a felony or a misdemeanor or a crime of moral turpitude;

7)         Failing to submit to a field sobriety test as required by Section 11-501.1 of the Illinois Vehicle Code, or any discipline on a registered qualifying patient's driver's license as a failure to submit to a field sobriety test as required by the Illinois Vehicle Code.

b)         In cases in which the Department seeks to permanently suspend a registered qualifying patient's registration identification card, the Department will comply with the Department's Practice and Procedure in Administrative Hearings.

c)         Following a period of suspension, a qualifying patient may seek reinstatement of his or her registration identification card.

1)         The qualifying patient shall have successfully completed the period of suspension, to be determined based on the totality of the circumstances, with no violation of the Act or this Part.

2)         The qualifying patient shall complete a reapplication for a registration identification card.

3)         The qualifying patient shall submit payment of all fees and fines associated with the registration identification card and suspension.

4)         The qualifying patient shall submit a Petition for Hearing for reinstatement.  The burden of proof in all cases instituted by the filing of a Petition for Hearing rests with the petitioner.  The petitioner must prove by a preponderance of the evidence that the card should be restored.

d)         The Department may use any grounds for suspension of a registration identification card as the basis for revocation of a registration identification card.

e)         The suspension or revocation of a registration is a final Agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court. [410 ILCS 130/15]

(Source:  Amended at 45 Ill. Reg. 6205, effective April 27, 2021)