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GENERAL ASSEMBLY STATE OF ILLINOIS 2012 HB0050

INTRODUCED 6/21/12, BY REPRESENTATIVE. ANGELA INGRAM

THE REASONABLE RELIEF OF PAIN ACT ALLOWS FOR THE USE OF MEDICAL GRADE CANNABIS AS TREATMENT FOR PERSON’S AFFLICTED WITH CHRONIC HEALTH PROBLEMS THAT HAVE BEEN DIAGNOSED BY A PHYSICIAN. THE PERSON AND THE PERSON’S CAREGIVER WILL BE ISSUED A REGISTRY IDENTIFICATION CARD BY THE DEPARTMENT OF PUBLIC HEALTH, WHICH ALLOWS THE PERSON OR THEIR CAREGIVER TO LEGALLY POSSESS CANNABIS PLANTS AND NO MORE THAN TWO OUNCES OF DRY CANNABIS. THIS ACT AMENDS THE CANNABIS CONTROL ACT TO MAKE CONVENTIONAL CHANGES, INCLUDING ANY ALLOWANCES FOR ANY REGISTERED QUALIFYING PATIENT OR THEIR REGISTERED PRIMARY PERSON OR CAREGIVER THAT WILL BE RESPONSIBLE FOR DISPENSING CANNABIS TO SOMEONE THAT IS NOT ALLOWED TO UTILIZE CANNABIS AND WILL BE SUBJECT TO A ADDITIONAL CHARGE OF $2,000, FOR THE ABUSE OF THE REASONABLE RELIEF OF PAIN ACT.

ANGELA INGRAM POL110 – AMERICAN EXPERIENCE ANDREA MILES – INSTRUCTOR JUNE 22, 2012

SENATE OF THE UNITED STATES OF AMERICA 2011 SESSION

INTRODUCED BY:
PRIMARY SPONSOR: REP. ANGELA INGRAM
SECONDARY SPONSOR: REP. JOSE PEREZ

AN ACT REGARDING ALTERNATIVE TREATMENT FOR SERIOUS DISEASES THAT CAUSE CHRONIC PAIN.

1. PURPOSE: THE PURPOSE OF THIS BILL IS TO LEGALIZE MEDICINAL MARIJUANA 2. TO ALLEVIATE THE PAIN AND SUFFERING OF PATIENTS WITH CHRONIC ILLNESSES 3. LIKE MULTIPLE SCLEROSIS, CANCER, HIV/AIDS, PARKINSON ’S DISEASE OR 4. CROHN’S DISEASE. 5. THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA 6. HEREBY ENACTS AS FOLLOWS:

7. SECTION 1: SHORT TITLE 8. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE “REASONABLE RELIEF OF 9. PAIN” ACT

10. SECTION 3: FINDINGS. 11. (A) RESEARCH HAS SHOWN THAT CANNABIS IS USEFUL IN ALLEVIATING PAIN, 12. NAUSEA, AND OTHER SYMPTOMS ASSOCIATED WITH MANY UNBEARABLE DISEASES, 13. AS FOUND BY THE NATIONAL ACADEMY OF SCIENCES’ INSTITUTE OF MEDICINE IN 14. MARCH 1999. 15. (B) SINCE THE 1999 NATIONAL ACADEMY OF SCIENCES’ INSTITUTE OF MEDICINE 16. REPORT ADDITIONAL STUDIES SHOW THAT CANNABIS CAN BE THERAPEUTIC IN 17. MANAGING PAIN AND SICKNESS, INCLUDING SEEING AN INCREASE IN THE NUMBER 18. OF PATIENTS WHO COMPLETE THEIR TREATMENTS FOR HIV/AIDS AND 19. HEPATITIS C. 20. (C) STATISTICS FROM THE FEDERAL BUREAU OF INVESTIGATION’S UNIFORM CRIME 21. REPORTS SHOW THAT 99 OUT OF EVERY 100 CANNABIS ARRESTS IN THE UNITED 22. STATES ARE MADE UNDER STATE LAW RATHER THAN FEDERAL LAW. THEREFORE 23. CHANGING STATE LAW WILL PROTECT THOSE WHO USE CANNABIS FOR MEDICAL 24. REASONS FROM ARREST. EVEN THOUGH FEDERAL LAW PROHIBITS THE USE OF 25. CANNABIS EXCEPT IN ALASKA, CALIFORNIA, COLORADO, HAWAII, MAINE, 26. MICHIGAN, MONTANA, NEVADA, NEW MEXICO, OREGON, VERMONT, 27. RHODE ISLAND, AND WASHINGTON NO LONGER HAVE STATE-LEVEL PENALTIES FOR 28. THE USE OF CANNABIS SUBSCRIBED FOR MEDICINAL USE. ILLINOIS NOW JOINS 29. IN THE MOVEMENT TO LEGALIZE CANNABIS FOR THE HEALTH BENEFITS OF IT’S 30. CITIZENS. 31. (D) STATES ARE NOT REQUIRED TO ENFORCE FEDERAL LAW OR PROSECUTE PEOPLE PARTICIPATING 32. IN ACTIVITIES THAT ARE AGAINST FEDERAL LAW. BECAUSE OF THIS FULFILLMENT OF THIS LAW 33. DOES NOT HOLD THE STATE OF ILLINOIS IN BREACH OF FEDERAL LAW.

34. (E) THE STATE OF ILLINOIS LAW SHOULD MAKE A DIFFERENCE BETWEEN MEDICAL AND 35. NON-MEDICAL USE FOR CANNABIS. THEREFORE, THE SOLE REASON FOR THIS ACT IS TO 36. SAFEGUARD PATIENTS WITH UNBEARABLE MEDICAL CONDITIONS, IN ADDITION TO THEIR 37. PHYSICIANS, AND PRIMARY CAREGIVERS, FROM ARREST AND PROSECUTION, CRIMINAL 38. PENALTIES AND FORFEITURE OF PERSONAL PROPERTY IF SAID PATIENTS PARTAKE OF MEDICAL 39. CANNABIS. 40. (F) THE PEOPLE OF THE STATE OF ILLINOIS ASSERT THAT THEY ENDORSE THIS ACT PURSUANT TO 41. THE POLICE POWER TO GUARD THE HEALTH AND WELLNESS OF THE CITIZENS OF ILLINOIS UNDER 42. THE 10TH AMENDMENT TO THE UNITED STATES CONSTITUTION. 43. SECTION 4: DEFINITIONS. THE FOLLOWING TERMS THAT HAVE BEEN USED ON THIS ACT, 44. WILL HAVE THE FOLLOWING MEANINGS AS SET FORTH IN THIS SECTION: 45. THE FOLLOWING TERMS, USED IN THIS ACT, WILL HAVE THE MEANING PRESENTED IN THIS 46. SECTION: 47. (A) “UNBEARABLE DISEASES” MEANS ANY OF THE FOLLOWING: 48. (1)CANCER GLAUCOMA, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS, 49. ACQUIRED IMMUNE DEFICIENCY SYNDROME, HEPATITIS C, AMYOTROPHIC LATERAL SCLEROSIS, 50. CROHN’S DISEASE, AGITATION OF ALZHEIMER’S DISEASE, OR TREATMENT OF THESE 51. CONDITIONS’ 52. (2) A CHRONIC OR UNBEARABLE DISEASE OR MEDICAL CONDITION THAT PRODUCES ONE OF 53. THE FOLLOWING: SEIZURES, SEVERE MUSCLE SPASMS, OR SYMPTOMS ASSOCIATED WITH 54. MULTIPLE SCLEROSIS; 55. (3) A DEBILITATING DISEASE OR MEDICAL CONDITION OR ITS TREATMENT THAT PRODUCES 56. INTRACTABLE PAIN THAT DID NOT RESPOND TO OTHER MEDICAL EFFORTS FOR A REASONABLE 57. AMOUNT OF TIME. 58. (B) “MEDICAL USE” MEANS ACQUIRING, POSSESSION, CULTIVATION, MANUFACTURE, USE, 59. DELIVERY AND TRANSFER OF CANNABIS OR CANNABIS PARAPHERNALIA ASSOCIATED WITH THE 60. ADMINISTRATION OF CANNABIS TO TREAT A PATIENTS UNBEARABLE MEDICAL CONDITION OR THE 61. SYMPTOMS ASSOCIATED WITH SAID MEDICAL CONDITION. 62. (C) “PRIMARY CAREGIVER” IDENTIFIES AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE, 63. THAT HAS AGREED TO SUPPORT THE PATIENT’S MEDICAL USE OF CANNABIS, A PERSON WHO HAS 64. NEVER BEEN CONVICTED OF A FELONY DRUG OFFENSE. 65. (D) “CANNABIS” POSSES THE MEANING AS SET FORTH IN SECTION 3 OF THE CANNABIS 66. CONTROL ACT. 67. SECTION 5: PENALTIES 68. (A) THERE SHALL BE A ASSUMPTION THAT A SUITABLE PATIENT OR PRIMARY CAREGIVER IS ENGAGED 69. IN THE MEDICAL USE OF CANNABIS IN ACCORD WITH THIS ACT IF THE QUALIFYING 70. PRIMARY CAREGIVER IS IN POSSESSION OF A REGISTRY IDENTIFICATION CARD; AND 71. (B) IS IN POSSESSION OF AN AMOUNT OF CANNABIS THAT DOES NOT EXCEED THE AMOUNT 72. ALLOWED UNDER THIS ACT. 73. (C) THE PRESUMPTION MAY BE INVALIDATED BY EVIDENCE THAT CONDUCT RELATED TO CANNABIS 74. WAS NOT FOR THE PURPOSE OF TREATING OR ALLEVIATING THE QUALIFYING PATIENT'S 75. UNBEARABLE MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE DEBILITATING MEDICAL 76. CONDITION, IN ACCORDANCE WITH THIS ACT. 77. (D) A CARDHOLDER SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, 78. OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL PENALTY OR 79. DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR 80. BUREAU, SOLELY FOR GIVING CANNABIS TO A REGISTERED QUALIFYING PATIENT OR A 81. REGISTERED PRIMARY CAREGIVER FOR THE REGISTERED QUALIFYING PATIENT'S MEDICAL USE 82. WHERE NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO THE SAME. 83. (E) NO SCHOOL, EMPLOYER, OR LANDLORD MAY REFUSE TO ENROLL OR EMPLOY OR LEASE TO, OR 84. OTHERWISE PENALIZE A PERSON SOLELY FOR HIS OR HER STATUS AS A REGISTERED QUALIFYING 85. PATIENT OR A REGISTERED PRIMARY CAREGIVER, UNLESS FAILING TO DO SO WOULD PUT THE 86. SCHOOL, EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW OR CAUSE IT TO LOSE A 87. FEDERAL CONTRACT OR FUNDING. 96. SECTION 7: EFFECTIVE DATE 97. THIS BILL SHALL TAKE EFFECT NO MORE THAN 120 DAYS AFTER THE EFFECTIVE DATE OF THIS 98. ACT. THE DEPARTMENT SHALL CIRCULATE RULES.

REFERENCES

MARIJUANA POLICY PROJECT (MAY 30, 2012) MEDICAL MARIJUANA BILL STILL PENDING SPRINGFIELD. RETRIEVED JUNE 20, 2012

HTTP://WWW.MPP.ORG/STATES/ILLINOIS/

MEDICAL MARIJUANA, (JUNE 15, 2012). HOUSE BILL 0030 REP. LOU LANG, 7 STATES WITH PENDING LEGISLATION TO LEGALIZE MEDICAL MARIJUANA. RETRIEVED JUNE 20, 2012.

HTTP://MEDICALMARIJUANA.PROCON.ORG/VIEW.RESOURCE.PHP?RESOURCEID=002481

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