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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Compassionate Use of Medical Cannabis Pilot | |||||||||||||||||||||
5 | Program Act is amended by changing Sections 105 and 130 as | |||||||||||||||||||||
6 | follows: | |||||||||||||||||||||
7 | (410 ILCS 130/105) | |||||||||||||||||||||
8 | (Section scheduled to be repealed on January 1, 2018)
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9 | Sec. 105. Requirements; prohibitions; penalties for | |||||||||||||||||||||
10 | cultivation centers. | |||||||||||||||||||||
11 | (a) The operating documents of a registered cultivation | |||||||||||||||||||||
12 | center shall include procedures for the oversight of the | |||||||||||||||||||||
13 | cultivation center, a cannabis plant monitoring system | |||||||||||||||||||||
14 | including a physical inventory recorded weekly, a cannabis | |||||||||||||||||||||
15 | container system including a physical inventory recorded | |||||||||||||||||||||
16 | weekly, accurate record keeping, and a staffing plan.
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17 | (b) A registered cultivation center shall implement a | |||||||||||||||||||||
18 | security plan reviewed by the State Police and including but | |||||||||||||||||||||
19 | not limited to: facility access controls, perimeter intrusion | |||||||||||||||||||||
20 | detection systems, personnel identification systems, 24-hour | |||||||||||||||||||||
21 | surveillance system to monitor the interior and exterior of the | |||||||||||||||||||||
22 | registered cultivation center facility and accessible to | |||||||||||||||||||||
23 | authorized law enforcement and the Department of Agriculture in |
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1 | real-time.
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2 | (c) A registered cultivation center may not be located | ||||||
3 | within 2,500 feet of the property line of a pre-existing public | ||||||
4 | or private preschool or elementary or secondary school or day | ||||||
5 | care center, day care home, group day care home, part day child | ||||||
6 | care facility, or an area zoned for residential use. In | ||||||
7 | addition, cultivation centers first registered on or after the | ||||||
8 | effective date of this amendatory Act of the 99th General | ||||||
9 | Assembly may not be located within 2,500 feet of the property | ||||||
10 | line of a pre-existing playground. | ||||||
11 | For the purposes of this subsection, "playground" means a | ||||||
12 | piece of land owned or controlled by a unit of local government | ||||||
13 | that is designated by the unit of local government for use | ||||||
14 | solely or primarily for children's recreation. | ||||||
15 | (d) All cultivation of cannabis for distribution to a | ||||||
16 | registered dispensing organization must take place in an | ||||||
17 | enclosed, locked facility as it applies to cultivation centers | ||||||
18 | at the physical address provided to the Department of | ||||||
19 | Agriculture during the registration process. The cultivation | ||||||
20 | center location shall only be accessed by the cultivation | ||||||
21 | center agents working for the registered cultivation center, | ||||||
22 | Department of Agriculture staff performing inspections, | ||||||
23 | Department of Public Health staff performing inspections, law | ||||||
24 | enforcement or other emergency personnel, and contractors | ||||||
25 | working on jobs unrelated to medical cannabis, such as | ||||||
26 | installing or maintaining security devices or performing |
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1 | electrical wiring.
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2 | (e) A cultivation center may not sell or distribute any | ||||||
3 | cannabis to any individual or entity other than a dispensary | ||||||
4 | organization registered under this Act.
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5 | (f) All harvested cannabis intended for distribution to a | ||||||
6 | dispensing organization must be packaged in a labeled medical | ||||||
7 | cannabis container and entered into a data collection system.
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8 | (g) No person who has been convicted of an excluded offense | ||||||
9 | may be a cultivation center agent.
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10 | (h) Registered cultivation centers are subject to random | ||||||
11 | inspection by the State Police.
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12 | (i) Registered cultivation centers are subject to random | ||||||
13 | inspections by the Department of Agriculture and the Department | ||||||
14 | of Public Health.
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15 | (j) A cultivation center agent shall notify local law | ||||||
16 | enforcement, the State Police, and the Department of | ||||||
17 | Agriculture within 24 hours of the discovery of any loss or | ||||||
18 | theft. Notification shall be made by phone or in-person, or by | ||||||
19 | written or electronic communication.
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20 | (k) A cultivation center shall comply with all State and | ||||||
21 | federal rules and regulations regarding the use of pesticides.
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22 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) | ||||||
23 | (410 ILCS 130/130) | ||||||
24 | (Section scheduled to be repealed on January 1, 2018)
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25 | Sec. 130. Requirements; prohibitions; penalties; |
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1 | dispensing organizations. | ||||||
2 | (a) The Department of Financial and Professional | ||||||
3 | Regulation shall implement the provisions of this Section by | ||||||
4 | rule.
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5 | (b) A dispensing organization shall maintain operating | ||||||
6 | documents which shall include procedures for the oversight of | ||||||
7 | the registered dispensing organization and procedures to | ||||||
8 | ensure accurate recordkeeping.
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9 | (c) A dispensing organization shall implement appropriate | ||||||
10 | security measures, as provided by rule, to deter and prevent | ||||||
11 | the theft of cannabis and unauthorized entrance into areas | ||||||
12 | containing cannabis.
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13 | (d) A dispensing organization may not be located within | ||||||
14 | 1,000 feet of the property line of a pre-existing public or | ||||||
15 | private preschool or elementary or secondary school or day care | ||||||
16 | center, day care home, group day care home, or part day child | ||||||
17 | care facility. A registered dispensing organization may not be | ||||||
18 | located in a house, apartment, condominium, or an area zoned | ||||||
19 | for residential use.
In addition, dispensing organizations | ||||||
20 | first registered on or after the effective date of this | ||||||
21 | amendatory Act of the 99th General Assembly may not be located | ||||||
22 | within 1,000 feet of the property line of a pre-existing | ||||||
23 | playground. | ||||||
24 | For the purposes of this subsection, "playground" means a | ||||||
25 | piece of land owned or controlled by a unit of local government | ||||||
26 | that is designated by the unit of local government for use |
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1 | solely or primarily for children's recreation. | ||||||
2 | (e) A dispensing organization is prohibited from acquiring | ||||||
3 | cannabis from anyone other than a registered cultivation | ||||||
4 | center. A dispensing organization is prohibited from obtaining | ||||||
5 | cannabis from outside the State of Illinois.
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6 | (f) A registered dispensing organization is prohibited | ||||||
7 | from dispensing cannabis for any purpose except to assist | ||||||
8 | registered qualifying patients with the medical use of cannabis | ||||||
9 | directly or through the qualifying patients' designated | ||||||
10 | caregivers.
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11 | (g) The area in a dispensing organization where medical | ||||||
12 | cannabis is stored can only be accessed by dispensing | ||||||
13 | organization agents working for the dispensing organization, | ||||||
14 | Department of Financial and Professional Regulation staff | ||||||
15 | performing inspections, law enforcement or other emergency | ||||||
16 | personnel, and contractors working on jobs unrelated to medical | ||||||
17 | cannabis, such as installing or maintaining security devices or | ||||||
18 | performing electrical wiring.
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19 | (h) A dispensing organization may not dispense more than | ||||||
20 | 2.5 ounces of cannabis to a registered qualifying patient, | ||||||
21 | directly or via a designated caregiver, in any 14-day period | ||||||
22 | unless the qualifying patient has a Department of Public | ||||||
23 | Health-approved quantity waiver.
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24 | (i) Before medical cannabis may be dispensed to a | ||||||
25 | designated caregiver or a registered qualifying patient, a | ||||||
26 | dispensing organization agent must determine that the |
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1 | individual is a current cardholder in the verification system | ||||||
2 | and must verify each of the following:
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3 | (1) that the registry identification card presented to | ||||||
4 | the registered dispensing organization is valid;
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5 | (2) that the person presenting the card is the person | ||||||
6 | identified on the registry identification card presented | ||||||
7 | to the dispensing organization agent;
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8 | (3) that the dispensing organization is the designated | ||||||
9 | dispensing organization for the registered qualifying | ||||||
10 | patient who is obtaining the cannabis directly or via his | ||||||
11 | or her designated caregiver; and
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12 | (4) that the registered qualifying patient has not | ||||||
13 | exceeded his or her adequate supply.
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14 | (j) Dispensing organizations shall ensure compliance with | ||||||
15 | this limitation by maintaining internal, confidential records | ||||||
16 | that include records specifying how much medical cannabis is | ||||||
17 | dispensed to the registered qualifying patient and whether it | ||||||
18 | was dispensed directly to the registered qualifying patient or | ||||||
19 | to the designated caregiver. Each entry must include the date | ||||||
20 | and time the cannabis was dispensed. Additional recordkeeping | ||||||
21 | requirements may be set by rule.
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22 | (k) The physician-patient privilege as set forth by Section | ||||||
23 | 8-802 of the Code of Civil Procedure shall apply between a | ||||||
24 | qualifying patient and a registered dispensing organization | ||||||
25 | and its agents with respect to communications and records | ||||||
26 | concerning qualifying patients' debilitating conditions.
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1 | (l) A dispensing organization may not permit any person to | ||||||
2 | consume cannabis on the property of a medical cannabis | ||||||
3 | organization.
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4 | (m) A dispensing organization may not share office space | ||||||
5 | with or refer patients to a physician.
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6 | (n) Notwithstanding any other criminal penalties related | ||||||
7 | to the unlawful possession of cannabis, the Department of | ||||||
8 | Financial and Professional Regulation may revoke, suspend, | ||||||
9 | place on probation, reprimand, refuse to issue or renew, or | ||||||
10 | take any other disciplinary or non-disciplinary action as the | ||||||
11 | Department of Financial and Professional Regulation may deem | ||||||
12 | proper with regard to the registration of any person issued | ||||||
13 | under this Act to operate a dispensing organization or act as a | ||||||
14 | dispensing organization agent, including imposing fines not to | ||||||
15 | exceed $10,000 for each violation, for any violations of this | ||||||
16 | Act and rules adopted in accordance with this Act. The | ||||||
17 | procedures for disciplining a registered dispensing | ||||||
18 | organization shall be determined by rule. All final | ||||||
19 | administrative decisions of the Department of Financial and | ||||||
20 | Professional Regulation are subject to judicial review under | ||||||
21 | the Administrative Review Law and its rules. The term | ||||||
22 | "administrative decision" is defined as in Section 3-101 of the | ||||||
23 | Code of Civil Procedure.
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24 | (o) Dispensing organizations are subject to random | ||||||
25 | inspection and cannabis testing by the Department of Financial | ||||||
26 | and Professional Regulation and State Police as provided by |
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1 | rule.
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2 | (Source: P.A. 98-122, eff. 1-1-14.)
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