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| Public Act 102-0067 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Compassionate Use of Medical Cannabis | ||||
Program Act is amended by changing Section 30 and by adding | ||||
Section 31 as follows: | ||||
(410 ILCS 130/30)
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Sec. 30. Limitations and penalties.
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(a) This Act does not permit any person to engage in, and | ||||
does not prevent the imposition of any civil, criminal, or | ||||
other penalties for engaging in, the following conduct:
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(1) Undertaking any task under the influence of | ||||
cannabis, when doing so would constitute negligence, | ||||
professional malpractice, or professional misconduct;
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(2) Possessing cannabis:
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(A) except as provided under Section 22-33 of the | ||||
School Code, in a school bus;
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(B) except as provided under Section 22-33 of the | ||||
School Code, on the grounds of any preschool or | ||||
primary or secondary school;
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(C) in any correctional facility; | ||||
(D) in a vehicle under Section 11-502.1 of the | ||||
Illinois Vehicle Code;
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(E) in a vehicle not open to the public unless the | ||
medical cannabis is in a reasonably secured, sealed | ||
container and reasonably inaccessible while the | ||
vehicle is moving; or
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(F) in a private residence that is used at any time | ||
to provide licensed child care or other similar social | ||
service care on the premises; | ||
(3) Using cannabis:
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(A) except as provided under Section 22-33 of the | ||
School Code, in a school bus;
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(B) except as provided under Section 22-33 of the | ||
School Code, on the grounds of any preschool or | ||
primary or secondary school;
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(C) in any correctional facility;
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(D) in any motor vehicle;
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(E) in a private residence that is used at any time | ||
to provide licensed child care or other similar social | ||
service care on the premises; | ||
(F) except as provided under Section 22-33 of the | ||
School Code and Section 31 of this Act, in any public | ||
place. "Public place" as used in this subsection means | ||
any place where an individual could reasonably be | ||
expected to be observed by others. A "public place" | ||
includes all parts of buildings owned in whole or in | ||
part, or leased, by the State or a local unit of | ||
government. A "public place" does not include a | ||
private residence unless the private residence is used | ||
to provide licensed child care, foster care, or other | ||
similar social service care on the premises. For | ||
purposes of this subsection, a "public place" does not | ||
include a health care facility. For purposes of this | ||
Section, a "health care facility" includes, but is not | ||
limited to, hospitals, nursing homes, hospice care | ||
centers, and long-term care facilities;
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(G) except as provided under Section 22-33 of the | ||
School Code and Section 31 of this Act, knowingly in | ||
close physical proximity to anyone under the age of 18 | ||
years of age;
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(4) Smoking medical cannabis in any public place where | ||
an individual could reasonably be expected to be observed | ||
by others, in a health care facility, or any other place | ||
where smoking is prohibited under the Smoke Free Illinois | ||
Act;
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(5) Operating, navigating, or being in actual physical | ||
control of any motor vehicle, aircraft, or motorboat while | ||
using or under the influence of cannabis in violation of | ||
Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
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(6) Using or possessing cannabis if that person does | ||
not have a debilitating medical condition and is not a | ||
registered qualifying patient or caregiver;
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(7) Allowing any person who is not allowed to use | ||
cannabis under this Act to use cannabis that a cardholder | ||
is allowed to possess under this Act;
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(8) Transferring cannabis to any person contrary to | ||
the provisions of this Act;
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(9) The use of medical cannabis by an active duty law | ||
enforcement officer, correctional officer, correctional | ||
probation officer, or firefighter; or | ||
(10) The use of medical cannabis by a person who has a | ||
school bus permit or a Commercial Driver's License.
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(b) Nothing in this Act shall be construed to prevent the | ||
arrest or prosecution of a registered qualifying patient for | ||
reckless driving or driving under the influence of cannabis | ||
where probable cause exists.
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(c) Notwithstanding any other criminal penalties related | ||
to the unlawful possession of cannabis, knowingly making a | ||
misrepresentation to a law enforcement official of any fact or | ||
circumstance relating to the medical use of cannabis to avoid | ||
arrest or prosecution is a petty offense punishable by a fine | ||
of up to $1,000, which shall be in addition to any other | ||
penalties that may apply for making a false statement or for | ||
the use of cannabis other than use undertaken under this Act.
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(d) Notwithstanding any other criminal penalties related | ||
to the unlawful possession of cannabis, any person who makes a | ||
misrepresentation of a medical condition to a certifying | ||
health care professional or fraudulently provides material | ||
misinformation to a certifying health care professional in | ||
order to obtain a written certification is guilty of a petty | ||
offense punishable by a fine of up to $1,000.
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(e) Any cardholder or registered caregiver who sells | ||
cannabis shall have his or her registry identification card | ||
revoked and is subject to other penalties for the unauthorized | ||
sale of cannabis.
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(f) Any registered qualifying patient who commits a | ||
violation of Section 11-502.1 of the Illinois Vehicle Code or | ||
refuses a properly requested test related to operating a motor | ||
vehicle while under the influence of cannabis shall have his | ||
or her registry identification card revoked.
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(g) No registered qualifying patient or designated | ||
caregiver shall knowingly obtain, seek to obtain, or possess, | ||
individually or collectively, an amount of usable cannabis | ||
from a registered medical cannabis dispensing organization | ||
that would cause him or her to exceed the authorized adequate | ||
supply under subsection (a) of Section 10.
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(h) Nothing in this Act shall prevent a private business | ||
from restricting or prohibiting the medical use of cannabis on | ||
its property.
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(i) Nothing in this Act shall prevent a university, | ||
college, or other institution of post-secondary education from | ||
restricting or prohibiting the use of medical cannabis on its | ||
property.
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(Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19.) | ||
(410 ILCS 130/31 new) | ||
Sec. 31. Administration to persons with disabilities in | ||
park district programs. | ||
(a) Definitions. For purposes of this Section: | ||
(1) "Park district" has the meaning as defined in | ||
Section 1-3 of the Park District Code. "Park district" | ||
includes the Chicago Park District as defined by the | ||
Chicago Park District Act, any special recreational | ||
association created by a park district through an | ||
intergovernmental agreement, and any nonprofit | ||
organization authorized by the park district or special | ||
recreational association to administer a program for | ||
persons with disabilities on its behalf. | ||
(2) "Program participant" means a person with | ||
disabilities who is a registered qualifying patient and | ||
who participates in a summer camp, educational program, or | ||
other similar program provided by a park district for | ||
persons with disabilities. | ||
(b) Subject to the restrictions under subsections (c) | ||
through (f) of this Section, a park district shall authorize a | ||
program participant's parent, guardian, or other designated | ||
caregiver to administer a medical cannabis infused product to | ||
the program participant on the premises of the park district | ||
if both the program participant and the parent, guardian, or | ||
other designated caregiver are cardholders. After | ||
administering the medical cannabis infused product, the | ||
parent, guardian, or other designated caregiver shall remove | ||
the medical cannabis infused product from the premises of the | ||
park district. | ||
(c) A parent, guardian, or other designated caregiver may | ||
not administer a medical cannabis infused product under this | ||
Section in a manner that, in the opinion of the park district, | ||
would create a disruption to the park district's program or | ||
activity for persons with disabilities or would cause exposure | ||
of the medical cannabis infused product to other program | ||
participants. | ||
(d) A park district may not discipline a program | ||
participant who is administered a medical cannabis infused | ||
product by a parent, guardian, or other designated caregiver | ||
under this Section and may not deny the program participant's | ||
eligibility to attend the park district's program or activity | ||
for persons with disabilities solely because the program | ||
participant requires the administration of the medical | ||
cannabis infused product. | ||
(e) Nothing in this Section requires a member of the park | ||
district's staff to administer a medical cannabis infused | ||
product to a program participant. | ||
(f) A park district may not authorize the use of a medical | ||
cannabis infused product under this Section if the park | ||
district would lose federal funding as a result of the | ||
authorization.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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