Section 946.30  Addition of Debilitating Medical Conditions

Residents may petition the Department to add debilitating medical conditions to those listed in Section 10(h) of the Act and Section 946.20. The Department will accept petitions annually.  The annual petition period for accepting petitions will be for a one-month period from January 1 through January 31 each year.  Petitions received outside of the open periods specified in this Section will not be reviewed and will be returned to the resident submitting the petition.

a)         During the open period, the Department will accept petitions from any resident requesting the addition of a new debilitating medical condition or disease to the list of approved debilitating medical conditions for which the use of cannabis has been shown to have a therapeutic or palliative effect.  The Department shall provide public notice 30 days before the open period for accepting petitions, which shall describe the time period for submission, the required format of the submission, and the submission address, which is set forth in Section 946.205.  (Section 45(b) of the Act)

b)         Each petition shall be limited to one proposed debilitating medical condition or disease. (Section 45(c) of the Act)

c)         A petitioner shall file one original petition in the format provided by the Department and in the manner specified by the Department.  For a petition to be processed and reviewed, the following information shall be included: (Section 45(d) of the Act)

1)         A specific description of the medical condition or disease that is the subject of the petition.  The petitioner shall not submit broad categories, e.g., all mental illnesses.  Each petition shall be limited to a single condition or disease. Information about the proposed condition or disease shall include:

A)        The extent to which the condition or disease itself and/or the treatments cause severe suffering, such as severe and/or chronic pain, severe nausea and/or vomiting, or otherwise severely impair a person's ability to carry on with activities of daily living;

B)        Information about why conventional medical therapies are not sufficient to alleviate the suffering caused by the disease or condition and its treatment;

C)        The proposed benefits from the medical use of cannabis specific to the medical condition or disease;

D)        Evidence from the medical community and other experts supporting the use of medical cannabis to alleviate suffering caused by the condition or disease and/or treatment;

E)        Letters of support from physicians or other licensed health care providers knowledgeable about the condition or disease, including, if feasible, a letter from a health care professional with whom the petitioner has a bona-fide health care professional-patient relationship;

F)         Any additional medical, testimonial or scientific documentation; and

G)        An electronic copy of all materials submitted.

2)         Upon receipt of a petition, the Department shall determine whether the petition meets the standards for submission and, if so, will accept the petition for further review; or whether the petition does not meet the standards for submission and, if so, shall deny the petition without further review.

3)         If the petition does not fulfill the standards for submission, the petition shall be considered deficient. The Department shall notify the petitioner, who may correct any deficiencies and resubmit the petition during the next open period.

d)         The petitioner may withdraw their petition by submitting a written statement to the Department indicating withdrawal.

e)         Upon review of accepted petitions, the Director will consult with Department staff to analyze the clinical and scientific merit of the petitions.  This consultation will occur before the Director renders a final decision regarding the acceptance or denial of the proposed debilitating medical conditions or diseases.  (Section 45(f) of the Act)  The Department's analysis will be recorded in a format prescribed by the Department.

f)         The Department will approve or deny a petition within 180 days after its submission.  (Section 45(a) of the Act)

g)         All petitions to add debilitating medical conditions submitted to the Department in January 2016 will be reviewed in accordance with the rules for the addition of debilitating medical conditions in effect at the time of the submission.

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