Public Act 101-0370
 
SB0455 EnrolledLRB101 04216 AXK 49224 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The School Code is amended  by changing Section 
22-33 as follows:
 
    (105 ILCS 5/22-33)
    Sec. 22-33. Medical cannabis.
    (a) This Section may be referred to as Ashley's Law.
    (a-5) In this Section:
    "Designated , "designated caregiver", "medical cannabis 
infused product", "qualifying patient", and "registered" have 
the meanings given to those terms under Section 10 of the 
Compassionate Use of Medical Cannabis Pilot Program Act.
    "Self-administration" means a student's discretionary use 
of his or her medical cannabis infused product. 
    (b) Subject to the restrictions under subsections (c) 
through (g) of this Section, a school district, public school, 
charter school, or nonpublic school shall authorize a parent or 
guardian or any other individual registered with the Department 
of Public Health as a designated caregiver of a student who is 
a registered qualifying patient to administer a medical 
cannabis infused product to the student on the premises  of the 
child's school or on the child's school bus if both the student 
(as a registered qualifying patient) and the parent or guardian 
or other individual (as a registered designated caregiver) have 
been issued registry identification cards under the 
Compassionate Use of Medical Cannabis Pilot Program Act. After 
administering the product, the parent or guardian or other 
individual shall remove the product from the school premises or 
the school bus.
    (b-5) Notwithstanding subsection (b) and subject to the 
restrictions under subsections (c) through (g), a school 
district, public school, charter school, or nonpublic school 
must allow a school nurse or school administrator to administer 
a medical cannabis infused product to a student who is a 
registered qualifying patient (i) while on school premises, 
(ii) while at a school-sponsored activity, or (iii) before or 
after normal school activities, including while the student is 
in before-school or after-school care on school-operated 
property or while the student is being transported on a school 
bus. A school district, public school, charter school, or 
nonpublic school may authorize the self-administration of a 
medical cannabis infused product by a student who is a 
registered qualifying patient if the self-administration takes 
place under the direct supervision of a school nurse or school 
administrator. 
    Before allowing the administration of a medical cannabis 
infused product by a school nurse or school administrator or a 
student's self-administration of a medical cannabis infused 
product under the supervision of a school nurse or school 
administrator under this subsection, the parent or guardian of 
a student who is the registered qualifying patient must provide 
written authorization for its use, along with a copy of the 
registry identification card of the student (as a registered 
qualifying patient) and the parent or guardian (as a registered 
designated caregiver). The written authorization must specify 
the times where or the special circumstances under which the 
medical cannabis infused product must be administered. The 
written authorization and a copy of the registry identification 
cards must be kept on file in the office of the school nurse. 
The authorization for a student to self-administer medical 
cannabis infused products is effective for the school year in 
which it is granted and must be renewed each subsequent school 
year upon fulfillment of the requirements of this Section. 
    (b-10) Medical cannabis infused products that are to be 
administered under subsection (b-5) must be stored with the 
school nurse at all times in a manner consistent with storage 
of other student medication at the school and may be accessible 
only by the school nurse or a school administrator. 
    (c) A parent or guardian or other individual may not 
administer a medical cannabis infused product under this 
Section in a manner that, in the opinion of the school district 
or school, would create a disruption to the school's 
educational environment or would cause exposure of the product 
to other students.
    (d) A school district or school may not discipline a 
student who is administered a medical cannabis infused product 
by a parent or guardian or other individual under this Section 
or who self-administers a medical cannabis infused product 
under the supervision of a school nurse or school administrator 
under this Section and may not deny the student's eligibility 
to attend school solely because the student requires the 
administration of the product.
    (e)   Nothing in this Section requires a member of a school's 
staff to administer a medical cannabis infused product to a 
student.
    (f)   A school district, public school, charter school, or 
nonpublic school may not authorize the use of a medical 
cannabis infused product under this Section if the school 
district or school would lose federal funding as a result of 
the authorization.
    (f-5) The State Board of Education, in consultation with 
the Department of Public Health, must develop a training 
curriculum for school nurses  and school administrators on the 
administration of medical cannabis infused products. Prior to 
the administration of a medical cannabis infused product under 
subsection (b-5), a school nurse or school administrator must 
annually complete the training curriculum developed under this 
subsection and must submit to the school's administration proof 
of its completion. A school district, public school, charter 
school, or nonpublic school must maintain records related to 
the training curriculum and of the school nurses or school 
administrators who have completed the training. 
    (g)   A school district, public school, charter school, or 
nonpublic school shall adopt a policy to implement
this 
Section.

(Source: P.A. 100-660, eff. 8-1-18.)

 
    Section 10. The Compassionate Use of Medical Cannabis Pilot 
Program Act is amended by changing Section 25 as follows:
 
    (410 ILCS 130/25)
    (Section scheduled to be repealed on July 1, 2020)

    Sec. 25. Immunities and presumptions related to the medical 
use of cannabis.
 
    (a) A registered qualifying patient is not subject to 
arrest, prosecution, or denial of any right or privilege, 
including but not limited to civil penalty or disciplinary 
action by an occupational or professional licensing board, for 
the medical use of cannabis in accordance with this Act, if the 
registered qualifying patient possesses an amount of cannabis 
that does not exceed an adequate supply as defined in 
subsection (a) of Section 10 of this Act of usable cannabis 
and, where the registered qualifying patient is a licensed 
professional, the use of cannabis does not impair that licensed 
professional when he or she is engaged in the practice of the 
profession for which he or she is licensed.


    (b) A registered designated caregiver is not subject to 
arrest, prosecution, or denial of any right or privilege, 
including but not limited to civil penalty or disciplinary 
action by an occupational or professional licensing board, for 
acting in accordance with this Act to assist a registered 
qualifying patient to whom he or she is connected through the 
Department's registration process with the medical use of 
cannabis if the designated caregiver possesses an amount of 
cannabis that does not exceed an adequate supply as defined in 
subsection (a) of Section 10 of this Act of usable cannabis. A 
school nurse or school administrator is not subject to arrest, 
prosecution, or denial of any right or privilege, including, 
but not limited to, a civil penalty, for acting in accordance 
with Section 22-33 of the School Code relating to administering 
or assisting a student in self-administering a  medical cannabis 
infused product. The total amount possessed between the 
qualifying patient and caregiver shall not exceed the patient's 
adequate supply as defined in subsection (a) of Section 10 of 
this Act.
    (c) A registered qualifying patient or registered 
designated caregiver is not subject to
arrest, prosecution, or 
denial of any right or privilege, including but not limited to 
civil penalty or disciplinary action by an occupational or 
professional licensing board for possession of cannabis that is 
incidental to medical use, but is not usable cannabis as 
defined in this Act.


    (d)(1) There is a rebuttable presumption that a registered 
qualifying patient is engaged in, or a designated caregiver is 
assisting with, the medical use of cannabis in accordance with 
this Act if the qualifying patient or designated caregiver:
        (A) is in possession of a valid registry identification 
    card; and
        (B) is in possession of an amount of cannabis that does 
    not exceed the amount allowed under subsection (a) of 
    Section 10.
    (2) The presumption may be rebutted by evidence that 
conduct related to cannabis was not for the purpose of treating 
or alleviating the qualifying patient's debilitating medical 
condition or symptoms associated with the debilitating medical 
condition in compliance with this Act.


    (e) A physician is not subject to arrest, prosecution, or 
penalty in any manner, or denied any right or privilege, 
including but not limited to civil penalty or disciplinary 
action by the Medical Disciplinary Board or by any other 
occupational or professional licensing board, solely for 
providing written certifications or for otherwise stating 
that, in the physician's professional opinion, a patient is 
likely to receive therapeutic or palliative benefit from the 
medical use of cannabis to treat or alleviate the patient's 
debilitating medical condition or symptoms associated with the 
debilitating medical condition, provided that nothing shall 
prevent a professional licensing or disciplinary board from 
sanctioning a physician for: (1) issuing a written 
certification to a patient who is not under the physician's 
care for a debilitating medical condition; or (2) failing to 
properly evaluate a patient's medical condition or otherwise 
violating the standard of care for evaluating medical 
conditions.


    (f) No person may be subject to arrest, prosecution, or 
denial of any right or privilege, including but not limited to 
civil penalty or disciplinary action by an occupational or 
professional licensing board, solely for: (1) selling cannabis 
paraphernalia to a cardholder upon presentation of an unexpired 
registry identification card in the recipient's name, if 
employed and registered as a dispensing agent by a registered 
dispensing organization; (2) being in the presence or vicinity 
of the medical use of cannabis as allowed under this Act; or 
(3) assisting a registered qualifying patient with the act of 
administering cannabis.


    (g) A registered cultivation center is not subject to 
prosecution; search or inspection, except by the Department of 
Agriculture, Department of Public Health, or State or local law 
enforcement under Section 130; seizure; or penalty in any 
manner, or be denied any right or privilege, including but not 
limited to civil penalty or disciplinary action by a business 
licensing board or entity, for acting under this Act and 
Department of Agriculture rules to: acquire, possess, 
cultivate, manufacture, deliver, transfer, transport, supply, 
or sell cannabis to registered dispensing organizations.


    (h) A registered cultivation center agent is not subject to 
prosecution, search, or penalty in any manner, or be denied any 
right or privilege, including but not limited to civil penalty 
or disciplinary action by a business licensing board or entity, 
for working or volunteering for a
registered cannabis 
cultivation center under this Act and Department of Agriculture 
rules, including to perform the actions listed under subsection 
(g).


    (i) A registered dispensing organization is not subject to 
prosecution; search or inspection, except by the Department of 
Financial and Professional Regulation or State or local law 
enforcement pursuant to Section 130; seizure; or penalty in any 
manner, or be denied any right or privilege, including but not 
limited to civil penalty or disciplinary action by a business 
licensing board or entity, for acting under this Act and 
Department of Financial and Professional Regulation rules to: 
acquire, possess, or dispense cannabis, or related supplies, 
and educational materials to registered qualifying patients or 
registered designated caregivers on behalf of registered 
qualifying patients.


    (j) A registered dispensing organization agent is not 
subject to prosecution, search, or penalty in any manner, or be 
denied any right or privilege, including but not limited to 
civil penalty or disciplinary action by a business licensing 
board or entity, for working or volunteering for a dispensing 
organization under this Act and Department of Financial and 
Professional Regulation rules, including to perform the 
actions listed under subsection (i).


    (k) Any cannabis, cannabis paraphernalia, illegal 
property, or interest in legal property that is possessed, 
owned, or used in connection with the medical use of cannabis 
as allowed under this Act, or acts incidental to that use, may 
not be seized or forfeited. This Act does not prevent the 
seizure or forfeiture of cannabis exceeding the amounts allowed 
under this Act, nor shall it prevent seizure or forfeiture if 
the basis for the action is unrelated to the cannabis that is 
possessed, manufactured, transferred, or used under this Act.


    (l) Mere possession of, or application for, a registry 
identification card or registration certificate does not 
constitute probable cause or reasonable suspicion, nor shall it 
be used as the sole basis to support the search of the person, 
property, or home of the person possessing or applying for the 
registry identification card. The possession of, or 
application for, a registry identification card does not 
preclude the existence of probable cause if probable cause 
exists on other grounds.


    (m) Nothing in this Act shall preclude local or State law 
enforcement agencies from searching a registered cultivation 
center where there is probable cause to believe that the 
criminal laws of this State have been violated and the search 
is conducted in conformity with the Illinois Constitution, the 
Constitution of the United States, and all State statutes.


    (n) Nothing in this Act shall preclude local or state law 
enforcement agencies from searching a registered dispensing 
organization where there is probable cause to believe that the 
criminal laws of this State have been violated and the search 
is conducted in conformity with the Illinois Constitution, the 
Constitution of the United States, and all State statutes.


    (o)  No individual employed by the State of Illinois shall 
be subject to criminal or civil penalties for taking any action 
in accordance with the provisions of this Act, when the actions 
are within the scope of his or her employment.  Representation 
and indemnification of State employees shall be provided to 
State employees as set forth in Section 2 of the State Employee 
Indemnification Act.


    (p) No law enforcement or correctional agency, nor any 
individual employed by a law enforcement or correctional 
agency, shall be subject to criminal or civil liability, except 
for willful and wanton misconduct, as a result of taking any 
action within the scope of the official duties of the agency or 
individual to prohibit or prevent the possession or use of 
cannabis by a cardholder incarcerated at a correctional 
facility, jail, or municipal lockup facility, on parole or 
mandatory supervised release, or otherwise under the lawful 
jurisdiction of the agency or individual. 
(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)