Nov 292012
 November 29, 2012

Illinois medical marijuanaWill Medical Marijuana Ever Come To Illinois?

The Illinois General Assembly delayed a vote on HB 30, which would have made medical marijuana a reality in Illinois had it passed. The bill’s sponsor, Democratic Representative Lou Lang, did not request a vote because he wants more time to build support for the proposed legislation. According to the Chicago Tribune, ‘Lang said he could try again to pass the proposal when the Illinois legislature meets in early December.’

I really hope Rep. Lang is able to garner some support, considering the fact that the number of medical marijuana states is climbing. Sooner than later, there will be more medical marijuana states than states that prohibit medical marijuana. Politicians that try to stand in the way of safe access are going to be remembered in history books as dumb, out of touch, and lacking compassion. The bill’s synopsis as introduced reads as follows:

“Creates the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person’s primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person’s primary caregiver to legally possess no more than 6 cannabis plants and 2 ounces of dried usable cannabis. Amends the Cannabis Control Act to make conforming changes, including that any registered qualifying patient or registered primary caregiver who distributes cannabis to someone who is not allowed to use cannabis is subject to a penalty enhancement of not more than 2 years in prison or a fine of not more than $2,000, or both, for abuse of the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Act is repealed 3 years after its effective date. Repeals the research provisions of the Cannabis Control Act. Provides that the Department of Public Health shall develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications. Provides that the Department shall promulgate rules governing the manner in which it shall consider applications for and renewals of registration certificates for medical cannabis organizations. Provides that the provisions of the Act are severable. Effective immediately.” – ilga.gov

So far there have been four amendments to the bill, which are found below:

Amendment 1 – “Replaces everything after the enacting clause. Creates the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person’s primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person’s primary caregiver to legally possess no more 2.5 ounces of usable cannabis during a 14-day period. Amends the Illinois Vehicle Code. Prohibits a qualified patient from operating a motor vehicle unless 12 hours have passed since the patient last consumed medical cannabis. Amends the Cannabis Control Act to make conforming changes. Provides that the provisions of the Act are severable. Provides that the Act is repealed 3 years after its effective date. Repeals the research provisions of the Cannabis Control Act. Effective immediately.” - ilga.gov

Amendment 2 – “Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended but: (1) adds to the list of debilitating conditions for which a person may be a qualifying patient and eligible to possess medical cannabis; (2) establishes various conditions relating to employer actions in regards to an employee who is a qualifying patient and who is deemed by the employer to be impaired because of the use of cannabis; (3) amends the Election Code to make it unlawful for any nonprofit medical cannabis organization, or any political action committee created by any nonprofit medical cannabis organization to make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official and to make it unlawful for any candidate, political committee, or other person to knowingly accept or receive any such contribution and to make it unlawful for any officer or agent of a nonprofit medical cannabis organization to consent to any contribution or expenditure by the nonprofit medical cannabis organization; and (4) amends the Retailers’ Occupation Tax Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act to provide that “prescription and nonprescription medicines and drugs” includes medical cannabis purchased from a registered nonprofit medical cannabis organization under the Compassionate Use of Medical Cannabis Pilot Program Act. Effective immediately.”

Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
Would neither increase nor decrease the number of judges needed in the state.

State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
HB 30, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
HB 30 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.

Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
This legislation has minimal fiscal and population impact on the Department of Corrections. - ilga.gov

Amendment 3 – “Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended but: (1) changes the application fee to a $5,000 non-refundable application fee and a $20,000 certificate fee for those applicants selected by the Department of Public health to receive a nonprofit medical cannabis organization registration certificate; provides that such fees may be adjusted subject to the discretion of the Department in order to adequately fund the implementation and enforcement of the Compassionate Use of Medical Cannabis Pilot Program Act; (2) provides that the Act shall not be construed to authorize the possession of more than 2.5 ounces of cannabis at any time without authority from the Department of Public Health; (3) deletes provision that the Department of Public Health shall give reasonable notice of an inspection of a registered nonprofit medical cannabis organization or testing of cannabis; and (4) makes other technical and grammatical changes. Effective immediately.” - ilga.gov

Amendment 4 – “Excludes from the definition of “qualifying patient” active public safety personnel. Defines “active public safety personnel”.”

Land Conveyance Appraisal Note, House Floor Amendment No. 5 (Dept. of Transportation)
No land conveyances are included in HB 30 as amended by HA5; therefore, there are no appraisals to be filed.

Judicial Note, House Floor Amendment No. 5 (Admin Office of the Illinois Courts)
Would neither increase nor decrease the number of judges needed in the State.

Pension Note, House Floor Amendment No. 5 (Government Forecasting & Accountability)
HB 30, as amended by HA 5, will not impact any public pension fund or retirement system in Illinois.

State Debt Impact Note, House Floor Amendment No. 5 (Government Forecasting & Accountability)
HB 30, as amended by HA 5, would not change the amount of authorization for any type of State-issued or State-supported bond, and therefore, would not affect the level of State indebtedness.

Fiscal Note, House Floor Amendment No. 5 (Dept. of Public Health)
Total estimated costs for full year implementation (First year): $1,349,437.

Housing Affordability Impact Note, House Floor Amendment No. 5 (Housing Development Authority)
This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

Balanced Budget Note, House Floor Amendment No. 5 (Office of Management and Budget)
This bill does not have any fiscal impact to the State.

Home Rule Note, House Floor Amendment No. 5 (Dept. of Commerce & Economic Opportunity)
HB 30 (H-AM 5) does pre-empt home rule authority.

State Mandates Fiscal Note, House Floor Amendment No. 5 (Dept. of Commerce & Economic Opportunity)
HB 30 (H-AM 5) does not create a State mandate

Correctional Note, House Floor Amendment No. 5 (Dept of Corrections)
This legislation would have no fiscal or population impact on the Department of Corrections. - ilga.gov

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About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • DavidTheExpert

    Well, best case scenario, this will give Rep. Lang more time to solidify his votes and make sure this passes. Worst case scenario, it gives some of the more fickle-minded representatives time to change their mind and he will lose votes by next week.

  • http://powerandcontrol.blogspot.com/ M. Simon

    My Rep. Chuck Jefferson is on board:

    http://www.wrex.com/story/20223853/2012/11/29/week-one-of-springfield-fall-veto-session-comes-to-an-end

    Chuck says roughly: “It is here anyway. Might as well make money off it”

    Spoken like a true politician. BTW Illinois is deep in the hole. That might change a few minds.