Section 946.315  Waiver for Increasing the Adequate Supply of Medical Cannabis

A patient may apply for a waiver when a certifying health care professional provides a substantial medical basis in a signed, written statement asserting that, based on the patient's medical history, in the certifying health care professional's professional judgment, 2.5 ounces is an insufficient adequate supply for a 14-day period to properly alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. (Section 10(a)(2) of the Act)

a)         The waiver recommendation shall be on a form provided by the Department.  The waiver recommendation shall be completed by the certifying health care professional who issued the written certification for the registered qualifying patient.  If the waiver recommendation is not completed by the certifying health care professional who issued the original written certification for the registered qualifying patient, the new certifying health care professional must complete a written certification that includes an in-person office visit not more than 90 days prior to the date of the waiver recommendation.

b)         The waiver shall describe, in the certifying health care professional's professional opinion, why 2.5 ounces is an insufficient adequate supply for a 14-day period.

c)         The waiver shall describe how the qualifying patient will benefit from an increased supply.

d)         The waiver shall include a statement by the certifying health care professional indicating the amount of medical cannabis that would be a sufficient supply for the qualifying patient's debilitating medical condition.

e)         If the Department approves the waiver, the amount of medical cannabis recommended by the certifying health care professional shall be noted on the registry identification card.

f)         A qualifying patient who is a veteran receiving medical care at a VA health care facility may establish a bona-fide relationship with a non-VA health care professional for the purpose of seeking a waiver to increase the adequate supply of medical cannabis for a 14-day period.  The certifying health care professional shall complete a written certification, including an in-person office visit within 90 days prior to the date of the waiver submission.  Both the written certification and the waiver submission shall be submitted to the Department, along with the required fee.

g)         The waiver recommendation does not constitute a prescription for medical cannabis.

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