Legislation
99th GENERAL ASSEMBLY – SPRING 2015 END OF SESSION REPORT
Substantive Bills
House Bills
HB 4537 (REP. CASSIDY) CANNABIS PENALTIES
Amends the Cannabis Control Act. Provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides that a person commits the offense of unlawful use of cannabis-based product manufacturing equipment when he or she knowingly engages in the possession, procurement, transportation, storage, or delivery of any equipment used in the manufacturing of any cannabis-based product using volatile or explosive gas, including, but not limited to canisters of butane gas, with the intent to manufacture, compound, covert, produce, derive, process, or prepare either directly or indirectly any cannabis-based product. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 10 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides for distribution of these fines. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person’s whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Amends various other Acts to make conforming changes. Effective immediately.
HB 4692 (REP. KAY) CANNABIS WARNING LABELS
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the packaging of medical cannabis infused products shall contain a warning label concerning potential side effects. Requires cultivation centers to place the warning label on all harvested cannabis intended for distribution to a dispensing organization. Provides that dispensing organizations shall not sell any product that contains medical cannabis if the container holding the product does not contain the warning label. Requires the Department of Public Health to determine the wording of the warning through administrative rulemaking. Effective January 1, 2017.
HB 5534 (REP. FEIGENHOLTZ) MEDICAL CANNABIS-CAREGIVERS
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Makes changes to the definition of “designated caregiver”. Effective immediately.
HB 6199 (REP. AMMONS) MEDICAL CANNABIS-DEBIL CONDV& FOID
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes in the definition of “debilitating medical condition”, post-traumatic stress disorder. Amends the Firearm Owners Identification Card Act. Provides that whether a person is addicted to narcotics for purposes of the Act shall not be based on the status of the person as a registered qualifying patient or registered caregiver under the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Department of State Police’s authority to deny an application for or to revoke and seize a Firearm Owner’s Identification Card based on any Illinois State statute or federal law does not include State statutes or federal laws that may prohibit the acquisition or possession of firearms or firearm ammunition based on a person’s status as a registered qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act.
Senate Bills
SB 2228 (SEN. STEANS) CANNABIS-PENALTIES
Amends the Cannabis Control Act. Provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 10 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides for distribution of these fines. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person’s whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Amends various other Acts to make conforming changes. Effective immediately.
SB 2378 (SEN. HAINE) MEDICAL CANNABIS-INFORMATION
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Requires dispensing organizations to provide, at the time of dispensing, a detailed written explanation of the risks and benefits of medical cannabis usage to a qualifying patient or registered designated caregiver. Specifies the information that must be included in those written materials. Requires the dispensing organization to document the provision of those written materials and to retain that documentation for a period of not less than 5 years. Requires dispensing organizations to transmit certain information to the Prescription Monitoring Program established under the Illinois Controlled Substances Act each time medical cannabis is dispensed. Requires that information to be transmitted not more than 7 days after the date on which the medical cannabis is dispensed. Effective immediately.
SB 2529 (SEN. HAINE) MEDICAL CANNABIS-EXTENSION
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes in the findings Section of the Act that one of the purposes of the Act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from denial or revocation of a Firearm Owner’s Identification Card or concealed carry license. Amends the Firearm Owners Identification Card Act. Provides that the definition of “addicted to narcotics” does not include possession or use of recommended cannabis under the Compassionate Use of Medical Cannabis Pilot Program Act under the direction and authority of a physician or other person authorized to prescribe or recommend cannabis under that Act if used in the recommended manner. Provides that the Department of State Police may not deny an application for or revoke a Firearm Owner’s Identification Card of a person who is a registered qualifying patient or registered designated caregiver under the Compassionate Use of Medical Cannabis Pilot Program Act. Effective immediately.
SB 2854 (SEN. SILVERSTEIN) MEDICAL CANNABIS-PLAYGROUNDS
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that a registered cultivation center may not be located within 2,500 feet of the property line of a pre-existing playground. Provides that a dispensing organization may not be located within 1,000 feet of the property line of a pre-existing playground. Defines “playground”.
SB 2981 (SEN. HAINE) MEDICAL CANNABIS-EMPLOYER
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that nothing in the Act: prohibits employers from adopting workplace policies concerning the consumption, storage, or timekeeping requirements for qualifying patients related to the use of medical cannabis; prohibits employers from enforcing policies concerning the use or possession of drugs by employees; or limits an employer’s ability to discipline an employee for failing a drug test, including, but not limited to, if failing to discipline such an employee would cause the employer to violate federal law or lose a federal contract or funding.
Status: March 10, 2016 Senate To Subcommittee on Special Issues.
SB 2981 (SEN. HAINE) MEDICAL CANNABIS-EXTENSION
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Changes the Act’s repeal date to January 1, 2021.
Additional information about the bills contained in this report can be found on the Illinois General Assembly’s website at: http://www.ilga.gov/