Medical Marijuana Passes State Senate

Here’s the roll call on SB 1381, the legislation that would legalize the use of marijuana for medical purposes:

Click to enlarge the image.

Locally, both State Senators Pam Althoff and Dan Duffy were on the negative side of the question.

Here’s what the Legislative Digest says about the bill:

Synopsis As Introduced

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 7 dried cannabis plants and 2 ounces of dried usable 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Provides that the Act is repealed 3 years after its effective date.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.

Senate Amendment No. 5

Limits the maximum amount of cannabis plants that a qualified patient may possess during a 60-day period to 6 cannabis plants, no more than 3 of which can be mature cannabis plants (rather than 7 plants).

Changes definition of “debilitating condition”. Changes references from “practitioner” to”physician”.

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, which shall be funded by the $3 fees generated from registry identification cards.

Provides that not later than 120 days after the effective date of this Act, the Department shall promulgate rules governing the manner in which it shall consider applications for and renewals of registration certificates for medical cannabis organizations, including rules governing the form and content of registration and renewal applications, and a standard form for written certifications.

Provides that by July 1, 2010, the Department shall adopt rules defining the quantity of cannabis that could reasonably be presumed to be a 60-day supply for qualifying patients.

Provides that medical cannabis organizations are subject to random inspections rather than reasonable inspections.

Provides that for purposes of Illinois State law, the consumption or use of cannabis by a registered qualifying patient shall be considered lawful if it is authorized by and in accordance with the Act.

Provides that the Act does not:

(i)allow the use of cannabis if that person does not have a serious or debilitating medical condition;

(ii) allow any person who is not allowed to use cannabis under the Act to use cannabis that a cardholder is allowed to possess pursuant to the Act,

iii) transfer cannabis to any person who is not allowed to possess cannabis under the Act. Further amends the Cannabis Control Act.

Provides 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.


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