Illinois - Rules For Qualifying Patient

GreatLife4All

New Member
I have gone through the Illinois Medical MJ bill and pulled out all the sections that I could find on the conditions, limits, and abilities granted or imposed on Qualifying patients.

Because these are strung throughout the entire document - some page numbers and line numbers may not flow correctly. All information can be looked up in the original document if you have any questions.


15 (d) "Cardholder" means a qualifying patient or a designated
16 caregiver who has been issued and possesses a valid registry
17 identification card by the Department of Public Health.

23 Section 25. Immunities and presumptions related to the
24 medical use of cannabis.

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1 (a) A registered qualifying patient is not subject to
2 arrest, prosecution, or denial of any right or privilege,
3 including but not limited to civil penalty or disciplinary
4 action by an occupational or professional licensing board, for
5 the medical use of cannabis in accordance with this Act, if the
6 registered qualifying patient possesses an amount of cannabis
7 that does not exceed an adequate supply as defined in
8 subsection (a) of Section 10 of this Act of usable cannabis
9 and, where the registered qualifying patient is a licensed
10 professional, the use of cannabis does not impair that licensed
11 professional when he or she is engaged in the practice of the
12 profession for which he or she is licensed.

26 (c) A registered qualifying patient or registered

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1 designated caregiver is not subject to arrest, prosecution, or
2 denial of any right or privilege, including but not limited to
3 civil penalty or disciplinary action by an occupational or
4 professional licensing board for possession of cannabis that is
5 incidental to medical use, but is not usable cannabis as
6 defined in this Act.
7 (d)(1) There is a rebuttable presumption that a registered
8 qualifying patient is engaged in, or a designated caregiver is
9 assisting with, the medical use of cannabis in accordance with
10 this Act if the qualifying patient or designated caregiver:
11 (A) is in possession of a valid registry identification
12 card; and
13 (B) is in possession of an amount of cannabis that does
14 not exceed the amount allowed under subsection (a) of
15 Section 10.
16 (2) The presumption may be rebutted by evidence that
17 conduct related to cannabis was not for the purpose of treating
18 or alleviating the qualifying patient's debilitating medical
19 condition or symptoms associated with the debilitating medical
20 condition in compliance with this Act.

10 (k) Any cannabis, cannabis paraphernalia, illegal
11 property, or interest in legal property that is possessed,
12 owned, or used in connection with the medical use of cannabis
13 as allowed under this Act, or acts incidental to that use, may
14 not be seized or forfeited. This Act does not prevent the
15 seizure or forfeiture of cannabis exceeding the amounts allowed
16 under this Act, nor shall it prevent seizure or forfeiture if
17 the basis for the action is unrelated to the cannabis that is
18 possessed, manufactured, transferred, or used under this Act.
19 (l) Mere possession of, or application for, a registry
20 identification card or registration certificate does not
21 constitute probable cause or reasonable suspicion, nor shall it
22 be used as the sole basis to support the search of the person,
23 property, or home of the person possessing or applying for the
24 registry identification card. The possession of, or
25 application for, a registry identification card does not
26 preclude the existence of probable cause if probable cause

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1 exists on other grounds.
21 Section 30. Limitations and penalties.
22 (a) This Act does not permit any person to engage in, and
23 does not prevent the imposition of any civil, criminal, or
24 other penalties for engaging in, the following conduct:
25 (1) Undertaking any task under the influence of

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1 cannabis, when doing so would constitute negligence,
2 professional malpractice, or professional misconduct;
3 (2) Possessing cannabis:
4 (A) in a school bus;
5 (B) on the grounds of any preschool or primary or
6 secondary school;
7 (C) in any correctional facility;
8 (D) in a vehicle under Section 11-502.1 of the
9 Illinois Vehicle Code;
10 (E) in a vehicle not open to the public unless the
11 medical cannabis is in a reasonably secured, sealed,
12 tamper-evident container and reasonably inaccessible
13 while the vehicle is moving; or
14 (F) in a private residence that is used at any time
15 to provide licensed child care or other similar social
16 service care on the premises;
17 (3) Using cannabis:
18 (A) in a school bus;
19 (B) on the grounds of any preschool or primary or
20 secondary school;
21 (C) in any correctional facility;
22 (D) in any motor vehicle;
23 (E) in a private residence that is used at any time
24 to provide licensed child care or other similar social
25 service care on the premises;
26 (F) in any public place. "Public place" as used in

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1 this subsection means any place where an individual
2 could reasonably be expected to be observed by others.
3 A "public place" includes all parts of buildings owned
4 in whole or in part, or leased, by the State or a local
5 unit of government. A "public place" does not include a
6 private residence unless the private residence is used
7 to provide licensed child care, foster care, or other
8 similar social service care on the premises. For
9 purposes of this subsection, a "public place" does not
10 include a health care facility. For purposes of this
11 Section, a "health care facility" includes, but is not
12 limited to, hospitals, nursing homes, hospice care
13 centers, and long-term care facilities;
14 (G) knowingly in close physical proximity to
15 anyone under the age of 18 years of age;
16 (4) Smoking medical cannabis in any public place where
17 an individual could reasonably be expected to be observed
18 by others, in a health care facility, or any other place
19 where smoking is prohibited under the Smoke Free Illinois
20 Act;
21 (5) Operating, navigating, or being in actual physical
22 control of any motor vehicle, aircraft, or motorboat while
23 using or under the influence of cannabis in violation of
24 Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
25 (6) Using or possessing cannabis if that person does
26 not have a debilitating medical condition and is not a

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1 registered qualifying patient or caregiver;
2 (7) Allowing any person who is not allowed to use
3 cannabis under this Act to use cannabis that a cardholder
4 is allowed to possess under this Act;
5 (8) Transferring cannabis to any person contrary to the
6 provisions of this Act;
7 (9) The use of medical cannabis by an active duty law
8 enforcement officer, correctional officer, correctional
9 probation officer, or firefighter; or
10 (10) The use of medical cannabis by a person who has a
11 school bus permit or a Commercial Driver's License.
12 (b) Nothing in this Act shall be construed to prevent the
13 arrest or prosecution of a registered qualifying patient for
14 reckless driving or driving under the influence of cannabis
15 where probable cause exists.
16 (c) Notwithstanding any other criminal penalties related
17 to the unlawful possession of cannabis, knowingly making a
18 misrepresentation to a law enforcement official of any fact or
19 circumstance relating to the medical use of cannabis to avoid
20 arrest or prosecution is a petty offense punishable by a fine
21 of up to $1,000, which shall be in addition to any other
22 penalties that may apply for making a false statement or for
23 the use of cannabis other than use undertaken under this Act.
24 (d) Notwithstanding any other criminal penalties related
25 to the unlawful possession of cannabis, any person who makes a
26 misrepresentation of a medical condition to a physician or

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1 fraudulently provides material misinformation to a physician
2 in order to obtain a written certification is guilty of a petty
3 offense punishable by a fine of up to $1,000.
4 (e) Any cardholder or registered caregiver who sells
5 cannabis shall have his or her registry identification card
6 revoked and is subject to other penalties for the unauthorized
7 sale of cannabis.
8 (f) Any registered qualifying patient who commits a
9 violation of Section 11-502.1 of the Illinois Vehicle Code or
10 refuses a properly requested test related to operating a motor
11 vehicle while under the influence of cannabis shall have his or
12 her registry identification card revoked.
13 (g) No registered qualifying patient or designated
14 caregiver shall knowingly obtain, seek to obtain, or possess,
15 individually or collectively, an amount of usable cannabis from
16 a registered medical cannabis dispensing organization that
17 would cause him or her to exceed the authorized adequate supply
18 under subsection (a) of Section 10.
19 (h) Nothing in this Act shall prevent a private business
20 from restricting or prohibiting the medical use of cannabis on
21 its property.
22 (i) Nothing in this Act shall prevent a university,
23 college, or other institution of post-secondary education from
24 restricting or prohibiting the use of medical cannabis on its
25 property.

8 Section 40. Discrimination prohibited.
9 (a)(1) No school, employer, or landlord may refuse to
10 enroll or lease to, or otherwise penalize, a person solely for
11 his or her status as a registered qualifying patient or a
12 registered designated caregiver, unless failing to do so would
13 put the school, employer, or landlord in violation of federal
14 law or unless failing to do so would cause it to lose a
15 monetary or licensing-related benefit under federal law or
16 rules. This does not prevent a landlord from prohibiting the
17 smoking of cannabis on the premises.
18 (2) For the purposes of medical care, including organ
19 transplants, a registered qualifying patient's authorized use
20 of cannabis in accordance with this Act is considered the
21 equivalent of the authorized use of any other medication used
22 at the direction of a physician, and may not constitute the use
23 of an illicit substance or otherwise disqualify a qualifying
24 patient from needed medical care.
25 (b) A person otherwise entitled to custody of or visitation

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1 or parenting time with a minor may not be denied that right,
2 and there is no presumption of neglect or child endangerment,
3 for conduct allowed under this Act, unless the person's actions
4 in relation to cannabis were such that they created an
5 unreasonable danger to the safety of the minor as established
6 by clear and convincing evidence.

10 (d) Nothing in this Act may be construed to require a
11 government medical assistance program or private health
12 insurer to reimburse a person for costs associated with the
13 medical use of cannabis.
14 (e) Nothing in this Act may be construed to require any
15 person or establishment in lawful possession of property to
16 allow a guest, client, customer, or visitor who is a registered
17 qualifying patient to use cannabis on or in that property.
7 (a) Nothing in this Act shall prohibit an employer from
8 adopting reasonable regulations concerning the consumption,
9 storage, or timekeeping requirements for qualifying patients
10 related to the use of medical cannabis.
11 (b) Nothing in this Act shall prohibit an employer from
12 enforcing a policy concerning drug testing, zero-tolerance, or
13 a drug free workplace provided the policy is applied in a
14 nondiscriminatory manner.
15 (c) Nothing in this Act shall limit an employer from
16 disciplining a registered qualifying patient for violating a
17 workplace drug policy.
18 (d) Nothing in this Act shall limit an employer's ability
19 to discipline an employee for failing a drug test if failing to
20 do so would put the employer in violation of federal law or
21 cause it to lose a federal contract or funding.
24 (f) An employer may consider a registered qualifying
25 patient to be impaired when he or she manifests specific,

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1 articulable symptoms while working that decrease or lessen his
2 or her performance of the duties or tasks of the employee's job
3 position, including symptoms of the employee's speech,
4 physical dexterity, agility, coordination, demeanor,
5 irrational or unusual behavior, negligence or carelessness in
6 operating equipment or machinery, disregard for the safety of
7 the employee or others, or involvement in an accident that
8 results in serious damage to equipment or property, disruption
9 of a production or manufacturing process, or carelessness that
10 results in any injury to the employee or others. If an employer
11 elects to discipline a qualifying patient under this
12 subsection, it must afford the employee a reasonable
13 opportunity to contest the basis of the determination.
14 (g) Nothing in this Act shall be construed to create or
15 imply a cause of action for any person against an employer for:
16 (1) actions based on the employer's good faith belief that a
17 registered qualifying patient used or possessed cannabis while
18 on the employer's premises or during the hours of employment;
19 (2) actions based on the employer's good faith belief that a
20 registered qualifying patient was impaired while working on the
21 employer's premises during the hours of employment; (3) injury
22 or loss to a third party if the employer neither knew nor had
23 reason to know that the employee was impaired.
24 (h) Nothing in this Act shall be construed to interfere
25 with any federal restrictions on employment including but not
26 limited to the United States Department of Transportation


5 Section 75. Notifications to Department of Public Health
6 and responses; civil penalty.
7 (a) The following notifications and Department of Public
8 Health responses are required:
9 (1) A registered qualifying patient shall notify the
10 Department of Public Health of any change in his or her
11 name or address, or if the registered qualifying patient
12 ceases to have his or her debilitating medical condition,
13 within 10 days of the change.
14 (2) A registered designated caregiver shall notify the
15 Department of Public Health of any change in his or her
16 name or address, or if the designated caregiver becomes
17 aware the registered qualifying patient passed away,
18 within 10 days of the change.
19 (3) Before a registered qualifying patient changes his
20 or her designated caregiver, the qualifying patient must
21 notify the Department of Public Health.
22 (4) If a cardholder loses his or her registry
23 identification card, he or she shall notify the Department
24 within 10 days of becoming aware the card has been lost.

19 (3) Before a registered qualifying patient changes his
20 or her designated caregiver, the qualifying patient must
21 notify the Department of Public Health.
22 (4) If a cardholder loses his or her registry
23 identification card, he or she shall notify the Department
24 within 10 days of becoming aware the card has been lost.
25 (b) When a cardholder notifies the Department of Public

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1 Health of items listed in subsection (a), but remains eligible
2 under this Act, the Department of Public Health shall issue the
3 cardholder a new registry identification card with a new random
4 alphanumeric identification number within 15 business days of
5 receiving the updated information and a fee as specified in
6 Department of Public Health rules. If the person notifying the
7 Department of Public Health is a registered qualifying patient,
8 the Department shall also issue his or her registered
9 designated caregiver, if any, a new registry identification
10 card within 15 business days of receiving the updated
11 information.
12 (c) If a registered qualifying patient ceases to be a
13 registered qualifying patient or changes his or her registered
14 designated caregiver, the Department of Public Health shall
15 promptly notify the designated caregiver. The registered
16 designated caregiver's protections under this Act as to that
17 qualifying patient shall expire 15 days after notification by
18 the Department.
19 (d) A cardholder who fails to make a notification to the
20 Department of Public Health that is required by this Section is
21 subject to a civil infraction, punishable by a penalty of no
22 more than $150.
23 (e) A registered qualifying patient shall notify the
24 Department of Public Health of any change to his or her
25 designated registered dispensing organization. Registered
26 dispensing organizations must comply with all requirements of

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1 this Act.
2 (f) If the registered qualifying patient's certifying
3 physician notifies the Department in writing that either the
4 registered qualifying patient has ceased to suffer from a
5 debilitating medical condition or that the physician no longer
6 believes the patient would receive therapeutic or palliative
7 benefit from the medical use of cannabis, the card shall become
8 null and void. However, the registered qualifying patient shall
9 have 15 days to destroy his or her remaining medical cannabis
10 and related paraphernalia.
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LMAO! Really dude? You have a CDL & you have to ask? Just in case you're for real,,,,,NO! NOT ONLY NO, BUT F%$K NO!
 
Medicine is medicine as long as your not dui why should it matter? If drivers can pop oxy and who knows what else why cant I use natural meds?
 
I wouldn't have any more problem with a professional driver, pushing 80,000lbs. down the road with pot in his system than as you mentioned, Oxy's.
I have held a CDL , and did drive otr, and to be perfectly honest, I don't want to be on the same road as any driver who has this type of drug in them, including booze. I'm a firm believer in a person having the freedom to use whatever they please, but not if other peoples lives are put in jepordy. Professional drivers should and do have a higher responsibility.
 
Understandable, and a good response I guess I look at it differently due to the fact that I never drive though still carry a cdl

Like I said, I drove big truck for a while. HOW I didn't kill anybody is a mystery to me. I was as irresponsible as anybody could be. I drank, smoked pot and did cocaine to the point I lost it.
Looking back horrifies me. GOD was watching out for everybody else, cuz I sure as hell wasn't.
Professional drivers have a lot of responsibility. Don't want that clouded.
Oh yeah, I don't drive big trucks anymore. Thank GOD!
:peace: :circle-of-love:
 
yes. it passed but it seems like they will never open a dispensary. I really should not take this long!!!! The speed they are going, it will be another year. :-(
 
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