Appendix B - Administrative Code.pdf

ILGA.GOV

TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER u: MISCELLANEOUS PROGRAMS AND SERVICES

PART 946 COMPASSIONATE USE OF MEDICAL CANNABIS PATIENT

PROGRAM

SUBPART A: GENERAL PROVISIONS

Section 946.10 Definitions Section 946.15 Referenced Materials Section 946.20 Debilitating Medical Conditions Section 946.25 Terminal Illness Section 946.30 Addition of Debilitating Medical Conditions Section 946.35 Medical Cannabis Advisory Board (Repealed) Section 946.40 Limitations and Penalties Section 946.50 Notifications to the Department Section 946.60 Confidentiality Section 946.70 Applicability to the Smoke Free Illinois Act

SUBPART B: QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS

Section 946.200 Application for Registry Identification Card for Qualifying Patients and Designated Caregivers Section 946.201 Application for Registry Identification Card for Qualifying Patients under 18 Years of Age Section 946.205 Deadlines for Submission of Application for Registry Identification Card Section 946.210 Fees Section 946.220 Fingerprint-Based Criminal History Records Check (Repealed) Section 946.230 General Provisions Section 946.235 Provisional Access to Licensed Dispensing Organizations Section 946.240 Persons Receiving Medical Care at U.S. Department of Veterans Affairs Facilities Section 946.250 Disposal of Medical Cannabis by Qualifying Patients (Repealed) Section 946.260 Responsibilities of Designated Caregivers Section 946.270 Revocation of a Registry Identification Card Section 946.275 Suspension of a Registry Identification Card Section 946.280 Medical Cannabis Obtained from a Medical Cannabis Dispensing Organization Section 946.290 Extension or Renewal of Registry Identification Cards

SUBPART C: PHYSICIAN REQUIREMENTS

Section 946.300 Qualifications of the Certifying Health Care Professional Section 946.310 Health Care Professional Written Certification for the Medical Cannabis Program Section 946.315 Waiver for Increasing the Adequate Supply of Medical Cannabis Section 946.320 Records Maintained by the Health Care Professional and Department

SUBPART D: CANNABIS-INFUSED PRODUCTS

Section 946.400 Manufacture of Cannabis-Infused Products Section 946.410 Sale and Distribution of Cannabis-Infused Products Section 946.420 Preparation of Cannabis-Infused Products Section 946.430 Health Hazards

SUBPART E: ENFORCEMENT

Section 946.500 Circuit Court Review

SUBPART F: OPIOID ALTERNATIVE PILOT PROGRAM

Section 946.600 Registration for the Opioid Alternative Pilot Program Section 946.610 Medical Cannabis Dispensing Organizations Section 946.620 Health Care Professional Certification for Opioid Alternative Pilot Program Section 946.625 Persons Receiving Care at U.S. Department of Veterans Affairs Facilities Seeking to Qualify for the Opioid Alternative Pilot Program Section 946.630 Fees

AUTHORITY: Implementing and authorized by the Compassionate Use of Medical Cannabis Program Act [410 ILCS 130] and the Cannabis Regulation and Tax Act [410 ILCS 705].

SOURCE: Adopted at 38 Ill. Reg. 17367, effective July 29, 2014; emergency amendment at 39 Ill. Reg. 444, effective December 22, 2014, for a maximum of 150 days; amended at 39 Ill. Reg. 7712, effective May 15, 2015; emergency amendment at 40 Ill. Reg. 10992, effective August 1, 2016, for a maximum of 150 days; emergency amendment to emergency rule at 40 Ill. Reg. 13732, effective September 16, 2016, for the remainder of the 150 days; amended at 40 Ill. Reg. 16753, effective December 15, 2016; emergency amendment at 42 Ill. Reg. 22254, effective December 1, 2018, for a maximum of 150 days; amended at 43 Ill. Reg. 5012, effective April 17, 2019; amended at 45 Ill. Reg. 6205, effective April 27, 2021; amended at 47 Ill. Reg. 4008, effective March 10, 2023; amended at 50 Ill. Reg. 5418, effective April 1, 2026.

SUBPART A: GENERAL PROVISIONS

https://www.ilga.gov/

Section 946.10 Definitions

"Act" means the Compassionate Use of Medical Cannabis Program Act

[410 ILCS 130].

"Adequate supply" means 2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source and purchased at a licensed Illinois dispensing organization. (Section 10(a)(1) of the Act)

"Administer" or "Administration" means the direct introduction of medical cannabis into the body of a person, whether by inhalation, ingestion, or any other means.

"Advanced practice registered nurse" means a person who is licensed under the Nurse Practice Act as an advanced practice registered nurse and has a controlled substances license under Article III of the Illinois Controlled Substances Act. (Section 10(a-5) of the Act

"Bona-fide health care professional-patient relationship" means a relationship established at a hospital, certifying health care professional's office, or other health care facility in which the certifying health care professional has an ongoing responsibility for the assessment, care, and treatment of a patient's debilitating medical condition or a symptom of the patient's debilitating medical condition or has diagnosed a disease or condition for which an opioid was prescribed or could be prescribed and is actively monitoring the effectiveness of the treatment. (Section 10(z) of the Act)

"Cannabis" means marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa and including any and all derivatives or subspecies, such as Indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. (Section 3(a) of the Cannabis Control Act)

"Caregiver" or "designated caregiver" means a person who is designated by a qualifying patient as the person authorized, on the qualifying patient's behalf, to possess, obtain from a certified medical cannabis dispensary, dispense and assist in the administration of medical cannabis.

"Certifying health care professional" means a physician, an advanced practice registered nurse, or a physician assistant. (Section 10(d-5) of the

"Cultivation center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. (Section 10(e) of the Act)

"DD214" means a certified DD214 Certificate of Release or Discharge from Active Duty Member Copy 4 or State Director of Veteran Affairs Copy 6; a certified DD214 Report of Separation from Active Duty Copy 2;

or equivalent certified document indicating character of service and dates of service. A DD214 can be certified by the State Department of Veterans' Affairs, county veteran's officials, and the federal Department of Veterans Affairs.

"Debilitating medical condition" means cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease (including, but not limited to, ulcerative colitis), agitation of Alzheimer's disease, cachexia/wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease, including but not limited to arachnoiditis, Tarlov cysts, hydromyelia, syringomyelia, Rheumatoid arthritis (RA), fibrous dysplasia, spinal cord injury, traumatic brain injury (TBI) and post-concussion syndrome, Multiple Sclerosis, Arnold-Chiari malformation and Syringomyelia, Spinocerebellar Ataxia (SCA), Parkinson's disease, Tourette's syndrome, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome, residual limb pain, seizures (including those characteristic of epilepsy); and post-traumatic stress disorder (PTSD), autism, chronic pain, irritable bowel syndrome, migraines, osteoarthritis, anorexia nervosa, Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune Disease, neuropathy, polycystic kidney disease, superior canal dehiscence syndrome, intractable pain, endometriosis, ovarian cysts, uterine fibroids, female orgasmic disorder, or the treatment of these conditions; or any other debilitating medical condition that is added pursuant to the statute or by the Department by rule as provided in Section 946.30. (Sections 10(h) and 45(f) of the Act)

"Department" means the Illinois Department of Public Health.

"Director" means the Director of the Illinois Department of Public Health or his or her designee.

"Evidence-based medical research" means documentation of published, peer-reviewed best evidence on research related to the use of medical cannabis, which includes up-to-date information from relevant, valid research about the effects of medical cannabis on different forms of diseases and conditions, its use in health care, the potential for harm from exposure, and other relevant medical information.

"Health care facility" means any and all facilities and agencies licensed by the Department, including, but not limited to, those registered under the Hospital Licensing Act, Nursing Home Care Act, Ambulatory Surgical Treatment Center Act, Alternative Health Care Delivery Act, Hospice Program Licensing Act, Specialized Mental Health Rehabilitation Act of 2013 and any nursing facility operated by the Illinois Department of Veterans' Affairs.

"Health care professional" means a physician, an advanced practice registered nurse, or a physician assistant.

"Medical cannabis" means cannabis and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms. Medical cannabis can be administered in a variety of ways, including, but not limited to: vaporizing or smoking dried buds; using concentrates;

administering tinctures or tonics; applying topicals such as ointments or balms; or consuming medical cannabis-infused food products.

"Medical cannabis container" means a sealed, traceable, food compliant, tamper resistant, container or package used for the purpose of containment of medical cannabis. (Section 10(n) of the Act)

"Medical cannabis dispensing organization" or "Dispensing organization" means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing medical cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or Opioid Alternative Pilot Program participant. (Section 10(o) of the Act)

"Medical cannabis-infused product" means food, oils, ointments, sodas or teas, capsules or other products containing usable cannabis that are not smoked. (Section 10(q) of the Act)

"Opioid" means a narcotic drug or substance that is a Schedule II controlled substance under Section 206 (b)(1), (2), (3), or (5) or (c) of the Illinois Controlled Substances Act. (Section 10 (r-5) of the Act)

"Opioid Alternative Pilot Program participant" means an individual who has received a valid written certification to participate in the Opioid Alternative Pilot Program for a medical condition for which an opioid has been or could be prescribed by a certifying health care professional based on generally accepted standards of care. (Section 10(r-10) of the Act)

"Petitioner" means an applicant who seeks to add debilitating medical conditions to those listed in Section 10(h) of the Act as allowed under Section 946.30.

"Physician" means a doctor of medicine or doctor of osteopathy licensed under the Medical Practice Act of 1987 to practice medicine and who has a controlled substances license under Article III of the Illinois Controlled Substances Act. It does not include a licensed practitioner under any other Act including but not limited to the Illinois Dental Practice Act. (Section 10(s) of the Act)

"Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987 and who has a controlled substances license under Article III of the Illinois Controlled Substances Act. (Section 10(s-1) of the Act)

"Private residence" means the part of a structure used as a dwelling, including, without limitation: a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin or cottage. For the purposes of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home or assisted living facility shall not be considered a private residence.

"Promptly" means as soon as reasonably practicable, but not later than five days.

"Provisional patient" means a qualifying patient who has received a provisional registration from the Department of Public Health.

"Provisional registration" means a document issued by the Department of Public Health to a qualifying patient or designated caregiver who has submitted:

a valid and complete online application and paid a fee to participate in the Compassionate Use of Medical Cannabis Program pending approval or denial of the patient's application;

or a completed application for terminal illness. (Section 10(s-5) of the

"Public place" means any place where an individual could reasonably be expected to be observed by others, including all parts of buildings owned in whole or in part or leased by the State or a unit of local government. A "public place" does not include health care facilities, as defined in this Part, or private residences unless the private residence is used to provide child care, foster care or other similar social service care on the premises.

"Qualifying patient" means a person who has been diagnosed by a certifying health care professional as having a debilitating medical condition. (Section 10(t) of the Act)

"Reasonable amount" means less than 2,000 grams of cannabis for any conviction that occurred in the past 10 years or any amount of cannabis if the felony in the jurisdiction where the conviction occurred has been reclassified as a misdemeanor or petty offense since the time of the conviction.

"Registered qualifying patient" means a qualifying patient who has been approved by the Department and has been issued a registry identification card.

"Registry identification card" or "medical cannabis patient registry card" means a document issued by the Department that identifies a person as a current registered qualifying patient or registered designated caregiver.

(Section 10(v) of the Act)

"Resident" means a person who maintains a legal place of residence in the State of Illinois.

"Reviewing health care professional" means a health care professional who has conducted a review of the medical records from other health care professionals treating a qualifying patient who is under 18 years of age for the purpose of confirming the diagnosis of debilitating medical conditions as defined in the Act.

"Spinal cord injury" means damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.

"Terminal illness" means a debilitating condition or other illness for which the qualifying patient has received a diagnosis for a life expectancy of six months or less.

"Tincture" means cannabis flowered tops and leaves that are soaked in liquid, usually an alcohol solution, transferring the THC and other cannabinoids to the liquid. The tincture may be added to foods and liquids, applied to the skin, or consumed directly by drinking a small quantity or placing a few drops under the tongue.

"Tetrahydrocannabinol" or "THC" means the primary active ingredient in cannabis.

"VA" means federal Department of Veterans Affairs.

"Veteran" means person who served in one of the five active-duty Armed Services or their respective Guard or Reserve units, and who was discharged or released from service under conditions other than dishonorable.

"VA health care facility" means a health care facility operated by the federal Department of Veterans Affairs-Veterans Health Administration providing hospital and outpatient health care services to U.S. military service veterans.

"VA medical records" means records from the VA documenting medical conditions, medications, and dates of treatment in the VA healthcare system. Records shall include, but not be limited to, information from the patient's VA health record found at www.myhealth.va.gov.

"Written certification" means a document, on a form specified by the Department, dated and signed by a certifying health care professional, stating:

that the qualifying patient has a debilitating medical condition and specifying the debilitating medical condition the qualifying patient has; and that:

the certifying health care professional is treating or managing treatment of the patient's debilitating condition;

or an Opioid Alternative Pilot Program Participant has a medical condition for which opioids have been or could be prescribed.

A written certification shall be made only in the course of a bona-fide health care professional-patient relationship, after the certifying health care professional has completed an assessment of either a qualifying patient's medical history or Opioid Alternative Pilot Program participant, reviewed relevant records related to the patient's debilitating condition, and conducted a physical examination. (Section 10(y) of the Act)

(Source: Amended at 50 Ill. Reg. 5418, effective April 1, 2026)

Section 946.15 Referenced Materials

a) The following federal statutes are referenced in this Part:

1) Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq.)

2) Federal Fair Packaging and Labeling Act (15 USC 1451 et seq.)

3) Health Insurance Portability and Accountability Act of 1996

(HIPAA) (P.L. 104-191)

b) The following Illinois statutes are referenced in this Part:

1) Compassionate Use of Medical Cannabis Program Act [410 ILCS

130]

2) Administrative Review Law (Article III of the Code of Civil Procedure) [735 ILCS 5/Art. III]

3) Cannabis Control Act [720 ILCS 550]

4) Methamphetamine Control and Community Protection Act [720

ILCS 646]

5) Open Meetings Act [5 ILCS 120]

6) Medical Practice Act of 1987 [225 ILCS 60]

7) Illinois Controlled Substances Act [720 ILCS 570]

8) Illinois Food, Drug and Cosmetic Act [410 ILCS 620]

9) Food Handling Regulation Enforcement Act [410 ILCS 625]

10) Illinois Vehicle Code [625 ILCS 5]

11) Smoke Free Illinois Act [410 ILCS 82]

12) Illinois Identification Card Act [15 ILCS 335]

13) Freedom of Information Act (FOIA) [5 ILCS 140]

14) Code of Civil Procedure [735 ILCS 5]

15) State Records Act [5 ILCS 160]

16) Illinois Vehicle Code [625 ILCS 5]

17) Nurse Practice Act [225 ILCS 65/Art. 70]

18) Physician Assistant Practice Act of 1987 [225 ILCS 95]

19) Cannabis Regulation and Tax Act [410 ILCS 705]

c) The following State administrative rules are referenced in this Part:

1) Food, Drug and Cosmetic Code (77 Ill. Adm. Code 720)

2) Manufacturing, Processing, Packing or Holding of Food Code (77

Ill. Adm. Code 730)

3) Food Code (77 Ill. Adm. Code 750)

4) Practice and Procedure in Administrative Hearings (77 Ill. Adm.

Code 100)

5) Cannabis Regulation and Tax Act (8 Ill. Adm. Code 1300).

(Source: Amended at 45 Ill. Reg. 6205, effective April 27, 2021)

Section 946.20 Debilitating Medical Conditions

A qualifying patient shall be eligible to apply for a Medical Cannabis Patient Registry Identification Card for the use of medical cannabis for treating or alleviating the symptoms associated with having one or more debilitating medical conditions (see Section 946.10).

(Source: Amended at 39 Ill. Reg. 7712, effective May 15, 2015)

Section 946.25 Terminal Illness

An individual who submits an application for a registry identification card as someone who is terminally ill as defined in Section 946.10 shall have all fees waived. (Section 60(c-10) of the Act)

a) A qualifying patient who has been diagnosed with a terminal illness shall register with the Department on forms and in a manner prescribed by the Department.

b) To qualify for a registry identification card, a qualifying patient with a diagnosis of terminal illness shall:

1) Be a resident of the State of Illinois at the time of application and remain a resident during participation in the program.

2) Meet the definition of terminal illness in Section 946.10.

3) Have a signed, written attestation specifying that the qualifying patient has a terminal illness, on a form provided by the Department, submitted by a certifying health care professional who meets the requirements set forth in the Act, along with an application for a registry identification card.

4) Complete an application on a form provided by the Department and submit a copy of his or her Illinois driver's license, Temporary Visitor's Driver's License or state identification card. If the individual does not have an Illinois driver's license or state identification card, a color copy of a current passport will be accepted.

5) Provide a current digital passport-sized photograph meeting the criteria specified in Section 946.200(b)(6).

c) A veteran or spouse of a veteran who is receiving care for a debilitating condition at a VA health care facility, as specified in Section 946.240, shall sign a written attestation indicating they have been diagnosed with a terminal illness and shall submit one year of official VA medical records from the VA and provide a copy of his or her DD214 indicating character and dates of service.

d) A qualifying patient under the age of 18 diagnosed with a terminal illness will not be required to obtain a written certification from a reviewing health care professional.

e) A patient with a terminal illness may specify a designated caregiver. A qualifying patient under age 18 may have up to three designated caregivers as described in Section 946.201(c).

f) A qualifying patient shall not possess a school bus permit or a Commercial

Driver's License. (See Section 30(a)(10) of the Act) Applications submitted by persons who possess these licenses will not be processed while the permit or license is valid in accordance with records kept by the

Secretary of State. Applicants must forfeit or surrender the permits or licenses prior to submitting an application for a medical cannabis registry identification card or their application will not be processed.

g) Applications submitted by an applicant diagnosed with a terminal illness shall be approved or denied within 14 business days, not including State holidays, of the submission of their complete application. (Section 60(c-

10) of the Act) The time period for approval or denial will not include the time necessary for the Secretary of State verification process to be completed or the printing, mailing and receipt of the registry identification card by the patient.

h) Persons whose diagnosis is no longer terminal after a period of six months and their designated caregiver, may submit an application for a registry identification card in accordance with Section 946.200 or Section 946.201 and pay all applicable fees specified in Section 946.210.

Section 946.30 Addition of Debilitating Medical Conditions

Residents may petition the Department to add debilitating medical conditions to those listed in Section 10(h) of the Act and Section 946.20. The Department will accept petitions annually. The annual petition period for accepting petitions will be for a one-month period from January 1 through January 31 each year. Petitions received outside of the open periods specified in this Section will not be reviewed and will be returned to the resident submitting the petition.

a) During the open period, the Department will accept petitions from any resident requesting the addition of a new debilitating medical condition or disease to the list of approved debilitating medical conditions for which the use of cannabis has been shown to have a therapeutic or palliative effect. The Department shall provide public notice 30 days before the open period for accepting petitions, which shall describe the time period for submission, the required format of the submission, and the submission address, which is set forth in Section 946.205. (Section 45(b) of the Act)

b) Each petition shall be limited to one proposed debilitating medical condition or disease. (Section 45(c) of the Act)

c) A petitioner shall file one original petition in the format provided by the Department and in the manner specified by the Department. For a petition to be processed and reviewed, the following information shall be included: (Section 45(d) of the Act)

1) A specific description of the medical condition or disease that is the subject of the petition. The petitioner shall not submit broad categories, e.g., all mental illnesses. Each petition shall be limited to a single condition or disease. Information about the proposed condition or disease shall include:

A) The extent to which the condition or disease itself and/or the treatments cause severe suffering, such as severe and/or chronic pain, severe nausea and/or vomiting, or otherwise severely impair a person's ability to carry on with activities of daily living;

B) Information about why conventional medical therapies are not sufficient to alleviate the suffering caused by the disease or condition and its treatment;

C) The proposed benefits from the medical use of cannabis specific to the medical condition or disease;

D) Evidence from the medical community and other experts supporting the use of medical cannabis to alleviate suffering caused by the condition or disease and/or treatment;

E) Letters of support from physicians or other licensed health care providers knowledgeable about the condition or disease, including, if feasible, a letter from a health care professional with whom the petitioner has a bona-fide health care professional-patient relationship;

F) Any additional medical, testimonial or scientific documentation; and

G) An electronic copy of all materials submitted.

2) Upon receipt of a petition, the Department shall determine whether the petition meets the standards for submission and, if so, will accept the petition for further review; or whether the petition does not meet the standards for submission and, if so, shall deny the petition without further review.

3) If the petition does not fulfill the standards for submission, the petition shall be considered deficient. The Department shall notify the petitioner, who may correct any deficiencies and resubmit the petition during the next open period.

d) The petitioner may withdraw their petition by submitting a written statement to the Department indicating withdrawal.

e) Upon review of accepted petitions, the Director will consult with Department staff to analyze the clinical and scientific merit of the petitions. This consultation will occur before the Director renders a final decision regarding the acceptance or denial of the proposed debilitating medical conditions or diseases. (Section 45(f) of the Act) The Department's analysis will be recorded in a format prescribed by the

f) The Department will approve or deny a petition within 180 days after its submission. (Section 45(a) of the Act)

g) All petitions to add debilitating medical conditions submitted to the Department in January 2016 will be reviewed in accordance with the rules for the addition of debilitating medical conditions in effect at the time of the submission.

Section 946.35 Medical Cannabis Advisory Board (Repealed)

(Source: Repealed at 45 Ill. Reg. 6205, effective April 27, 2021)

Section 946.40 Limitations and Penalties

a) Any person engaging in the following conduct may be charged with civil, criminal or other penalties for:

1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence, professional malpractice, or professional misconduct;

2) Possessing cannabis:

A) except as provided under Section 22-33 of the School Code, in a school bus;

B) except as provided under Section 22-33 of the School Code, on the grounds of any preschool or primary or secondary school;

C) in any correctional facility;

D) in a vehicle under Section 11-502.1 of the Illinois Vehicle

Code;

E) in a vehicle not open to the public unless the medical cannabis is in a reasonably secured, sealed, tamper-evident, tamper resistant container and reasonably inaccessible while the vehicle is moving; or

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:

A) except as provided under Section 22-33 of the School Code, in a school bus;

B) except as provided under Section 22-33 of the School Code, on the grounds of any preschool or primary or secondary school;

C) in any correctional facility;

D) in any motor vehicle;

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, in any public place. "Public place" as used in this subsection (a)(3)(F) 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)(3)(F), 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;

G) except as provided under Section 22-33 of the School Code, knowingly in close physical proximity to anyone under the age of 18 years of age;

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;

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;

6) Using or possessing cannabis if that person does not have a debilitating medical condition and is not a registered qualifying patient, provisional patient, or caregiver or Opioid Alternative Pilot Program participant;

7) Allowing any person who is not allowed to use cannabis under the

Act to use cannabis that a cardholder, provisional patient, or Opioid Alternative Pilot Program participant is allowed to possess under the Act;

8) Transferring cannabis to any person contrary to the provisions of the Act;

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.

b) Nothing in the Act shall be construed to prevent the arrest or prosecution of a registered qualifying patient, provisional patient, or Opioid Alternative Pilot Program participant for reckless driving or driving under the influence of cannabis where probable cause exists.

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 the Act.

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.

e) Any cardholder or registered caregiver, provisional patient, or Opioid

Alternative Pilot Program participant who sells cannabis shall have his or her registry identification card revoked and is subject to other penalties for the unauthorized sale of cannabis.

f) Any registered qualifying patient, provisional patient, or Opioid Alternative

Pilot Program participant 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.

g) No registered qualifying patient or designated caregiver, provisional patient, or Opioid Alternative Pilot Program participant 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 Section 10(a) of the Act.

h) Nothing in the Act shall prevent a private business from restricting or prohibiting the medical use of cannabis on its property.

i) Nothing in the 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. (Section 30 of the Act)

j) Individuals who fail to comply with any of the following notification requirements (see Section 75(a) of the Act) shall be subject to a civil monetary penalty, pursuant to Section 75(d) of the Act. The civil monetary penalty, which may be assessed for each instance of non-compliance, is not to exceed $150 per instance.

1) A registered qualifying patient, provisional patient, or Opioid

Alternative Pilot Program participant shall notify the Department of Public Health of any change in his or her name or address, or if the registered qualifying patient ceases to have his or her debilitating medical condition, within 10 days after the change or death.

2) A registered designated caregiver shall notify the Department of

Public Health of any change in his or her name or address, or if the designated caregiver becomes aware the registered qualifying patient passed away, within 10 days after the change.

3) Before a registered qualifying patient changes his or her designated caregiver, the qualifying patient must notify the Department of Public Health.

4) If a cardholder loses his or her registry identification card, the patient or the patient's designated caregiver shall notify the Department within 10 days after becoming aware the card has been lost. (Section 75(a) of the Act)

k) Any person, including an employee or official of the Department of Public

Health, Department of Financial and Professional Regulation, or Department of Agriculture or another State agency or local government, is guilty of a Class B misdemeanor with a $1,000 fine for breaching the confidentiality of information obtained under the Act (Section 145(c) of the Act) and Sections 946.270 and 946.275 of this Part.

l) Any cardholder, including a provisional patient or an Opioid Alternative

Pilot Program participant, found to be in violation of the Act or this Part may have his or her registration suspended or revoked, pursuant to Section 185(a) of the Act and Sections 946.270 and 946.275 of this Part.

m) The Department of Public Health may, with reasonable cause, refer a certifying health care professional, who has certified a debilitating medical condition of a patient, to the Illinois Department of Financial and Professional Regulation for potential violations of Section 35 of the Act.

(Section 35(c) of the Act)

Section 946.50 Notifications to the Department

a) The registered qualifying patient, provisional patient and designated caregiver shall notify the Department of any changes in application information within 10 days after the change occurs. After a registry identification card is issued, information changes shall be made by notifying the Department. Forms for this purpose will also be available on the Department's website at http://dph. illinois.gov/topics-services/prevention-wellness/medical-cannabis.

b) Registered qualifying patients and provisional patients shall notify the

Department:

1) Of changes in the patient's name or address;

2) If the registered qualifying patient or provisional patient ceases to have the debilitating medical condition;

3) Of a change in the designated caregiver; and

4) Of a change in the selected dispensary organization; and

5) If the registry identification card is lost or stolen.

c) If a registered qualifying patient ceases to be a registered qualifying patient or changes his or her registered designated caregiver, the registered qualifying patient shall immediately notify the Department via telephone and the Department of Public Health shall promptly notify the designated caregiver. The registered designated caregiver's registry identification card shall immediately become void and all protections under the Act as to that qualifying patient shall expire 15 days after notification by the Department. (Section 75(c) of the Act)

d) If the qualifying patient is deceased, the designated caregiver, if any, or a legal representative of the patient shall notify the Department.

e) A cardholder, including an Opioid Alternative Pilot Program participant, who fails to make a notification to the Department of Public Health that is required by this Part is subject to a civil infraction, punishable by a penalty of no more than $150. (Section 75(d) of the Act)

Section 946.60 Confidentiality

a) The following information received and records kept by the Department for purposes of administering this Part are subject to all applicable federal privacy laws, are confidential, are exempt from the Illinois Freedom of Information Act, and are not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the Department to perform official duties of the Department pursuant to this Part:

1) Applications or renewals, their contents and supporting information submitted by qualifying patients and designated caregivers, including information regarding designated caregivers and certifying health care professionals;

2) The individual names and other information identifying persons to whom the Department has issued registry identification cards; and

3) All medical records provided to the Department in connection with an application for a registry identification card.

b) Department hard drives or other data recording media that are no longer in use and that contain cardholder information will be destroyed.

c) Data subject to this Section shall not be combined or linked in any manner with any other list or database and shall not be used for any purpose not provided by this Part or the Act. (Section 150(a) of the Act)

d) Any dispensing information required to be kept under Section 135 or 150 of the Act or under this Part will identify cardholders, including an Opioid Alternative Pilot Program participant, by their registry identification numbers and not contain names or other personally identifying information.

e) The Department of Agriculture, the Department of Financial and

Professional Regulation and the Illinois State Police may verify registry identification cards. Law enforcement personnel shall have access to the Department's online verification system to verify the period for which the registration is valid and the status of qualifying patients who have submitted an application for a registry identification card and Opioid Alternative Pilot Program participant registration information.

f) This Section does not preclude the following notifications:

1) Department employees may notify law enforcement if information submitted to the Department is suspected to be falsified or fraudulent.

2) The Department may notify State or local law enforcement about alleged criminal violations of this Part.

3) The Department will notify the Department of Financial and Professional Regulation if there is reasonable cause to believe that a certifying health care professional has:

A) Issued a written certification without a bona-fide health care professional-patient relationship; or

B) Issued a written certification to a person who was not under the certifying health care professional's care for the debilitating medical condition; or

C) Failed to abide by the acceptable and prevailing standard of care when evaluating a patient's medical condition.

g) The Department will share, disclose, and forward patient information as required by Section 60(e) of the Act.

Section 946.70 Applicability to the Smoke Free Illinois Act

The 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, 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. (Section 30(a)(4) of the Act)

SUBPART B: QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS

Section 946.200 Application for Registry Identification Card for Qualifying Patients and Designated Caregivers

a) A qualifying patient who has been issued a written certification who seeks to use medical cannabis for palliative or therapeutic benefit to treat or alleviate the symptoms associated with the patient's debilitating medical condition, and the qualifying patient's designated caregiver, when applicable, shall register with the Department on forms and in a manner prescribed by the Department.

b) To qualify for a registry identification card, a qualifying patient shall:

1) Be a resident of the State of Illinois, as defined in subsection (c), at the time of application and remain a resident during participation in the program;

2) Have a qualifying medical condition for which the use of medical cannabis will provide help with treating or alleviating the pain, nausea and other symptoms associated with the condition or be diagnosed with a terminal illness;

3) Have a signed, written certification meeting the requirements of this Part.

c) Residency. For purposes of this Part, the qualifying patient and designated caregiver, if any, shall be a resident of the State of Illinois if the individual:

1) Physically resides in the State of Illinois, or has taken verifiable actions to make Illinois the individual's home indefinitely with no present intent to reside in another state.

2) Provides proof of Illinois residency by submitting a valid unexpired Illinois Driver's License, Illinois Temporary Visitor Driver's License or State Identification Card issued by the Illinois Secretary of State. The address on the documentation provided shall match the address on the application. Persons who are homeless shall only be required to submit a Notarized Homeless Status Certification (available at https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a230.pdf).

3) A qualifying patient or designated caregiver submitting a current, valid Illinois Driver's License, Illinois Temporary Visitor Driver's License, or State Identification Card issued by the Illinois Secretary of State shall not be required to provide additional proof of residency. The following documents will be accepted by the Department if the qualifying patient or designated caregiver does not submit a current, valid Illinois Driver's License, Illinois Temporary Visitor Driver's License, or State Identification Card issued by the Illinois Secretary of State:

A) Pay stub or electronic deposit receipt, issued less than 60 days prior to the application date, that shows evidence of the applicant's withholding for State income tax;

B) Valid voter registration card with an address in Illinois;

C) Valid, unexpired military identification card;

D) Bank statement (dated less than 90 days prior to application) or credit card statement (dated less than 60 days prior to application);

E) Deed/title, mortgage or rental/lease agreement; property tax bill;

F) Insurance policy (current coverage for automobile, homeowner's, health or medical, or renter's);

G) Medical claim or statement of benefits (from a hospital or health clinic or private insurance company or public (government) agency, dated less than 12 months prior to application);

H) Persons enrolled in the federal Social Security Disability

Income (SSDI) or Supplemental Security Income (SSI) disability program may submit a "Benefit Verification Letter" from the Social Security Administration; showing the individual's name and address and the type of benefits received. The letter must be dated within the last year. A copy of the letter may be obtained online at https://www.ssa.gov/myaccount/ or by contacting the Social Security Administration. The annual cost of living increase letter mailed to recipients of social security benefits will not be accepted.

I) Tuition invoice/official mail from college or university, dated less than the 12 months prior to application;

J) Utility bill, including, but not limited to, those for electric, water, refuse, telephone land-line, cellular phone, cable or gas, issued less than 60 days prior to application;

K) W-2 form from the most recent tax year; or

L) another document deemed by the Department to meet the requirements of this subsection (c).

d) To apply for a registry identification card, a qualifying patient shall submit a completed application to the Department on the required forms, which shall include, at a minimum, the following items:

1) Written certification for the use of medical cannabis meeting the requirements of this Part issued by a certifying health care professional who meets the requirements set forth in the Act. The certification shall be dated less than 90 days prior to the application;

2) Proof of Illinois residency of the qualifying patient, as specified in subsection (c);

3) Proof of identity of the qualifying patient;

4) Proof of the qualifying patient's age;

5) Photograph of the qualifying patient and designated caregiver, if applicable, as follows:

A) Current digital passport-size photograph, taken no more than 30 calendar days before the submission of the application;

B) Taken against a plain background or backdrop;

C) At least 2 inches by 2 inches in size;

D) In natural color; and

E) That provides an unobstructed front view of the full face. A full-faced photograph must be taken without any obstruction of the applicant's facial features or any items covering any portion of the face. Prescription glasses and religious head coverings not covering any areas of the open face will be allowed. Head coverings for persons diagnosed and undergoing treatment for cancer will be allowed.

i) A qualifying patient or designated caregiver will not be required to submit to a photograph if sufficient justification is provided by the qualifying patient or caregiver to establish that a photograph would be in violation of or contradictory to the qualifying patient's or designated caregiver's religious convictions. If a qualifying patient or designated caregiver declares that the use of a photograph is against that individual's religious convictions, the qualifying patient or designated caregiver will be given an affidavit to be completed. This affidavit contains designated areas for a detailed written explanation of the reasons why a photograph is against the qualifying patient's or designated caregiver's religious convictions, a place for the qualifying patient's or designated caregiver's signature and date, the designation of the religious sect or denomination involved, space for a minister or other religious leader to apply a signature attesting to the explanation the qualifying patient or designated caregiver has offered, along with the date and official title of the minister or religious leader.

ii) The affidavit shall be submitted to the Department.

The Director will appoint a committee of three Department employees to review each affidavit.

The committee shall submit a recommendation to the Director for a final decision.

iii) If the qualifying patient or designated caregiver meets all other application requirements of this Part, the Department will issue a non-photo temporary registry identification card, not to exceed 90 days in duration, to allow for medical cannabis use privileges during the determination.

iv) Upon approval by the Department, a valid registry identification card without a photograph will be issued and can be renewed. The card will be mailed to the qualifying patient's home address.

6) Completion of the designated caregiver application if applicable.

A qualifying registered patient 18 years of age or older may have up to three designated caregivers. A designated caregiver may only serve one qualifying registered patient.

7) Payment of the applicable application fee (see…