HB2911, which includes several cannabis provisions, passes House
House Bill 2911 passed the Illinois Senate today with a vote of 51-5 (after passing the House 112-0 on April 26). HB2911 contains several unrelated cannabis provisions introduced by Sen. Kimberly A. Lightford and provides a couple provisions from other stalled bills that medical cannabis activist have been persistently advocating for nearly four years.
HB2911’s Senate Amendment 004 had allowed for medical patients and caregivers to shop at any Illinois dispensary but Green Thumb Industries (GTI) successfully lobbied to delete the provision at the last minute. The following matching wording from Senate Bill 3941, which has been stuck in Assignment since May 1, was deleted from Amendment 004, “Beginning January 1, 2025, a dispensing organization registered under this Act shall be deemed a dispensing organization or a dispensary as defined in the Cannabis Regulation and Tax Act. Dispensing organizations registered under this Act have the same rights, privileges, duties, and responsibilities as dispensing organizations licensed under Section 15-36 of the Cannabis Regulation and Tax Act. Dispensing organizations licensed under Section 15-36 of the Cannabis Regulation and Tax Act may sell cannabis and cannabis-infused products to purchasers over 21 years of age and to qualifying patients, provisional patients, and designated caregivers registered under this Act.” The matching wording from Senate Bill 3941 that still remains in HB2911, though, states, “A dispensing organization may sell cannabis and cannabis-infused products purchased from any cultivation center, craft grower, infuser, or other dispensary to persons over 21 years of age and to qualifying patients, designated caregivers, and provisional patients.”
HB2911 does eliminate the requirement for a physical medical-cannabis examination, and increases (with a medical-provider waiver) the 2.5-ounce purchasing limit. Other cannabis provisions include allowing drive-through pickup for adult-use consumers, new wording for dispensary identification cards requirements, and a large section on cannabis transporters. “Notwithstanding any other provision of law, a dispensing organization may offer pickup or drive-through locations for cannabis or cannabis-infused products to purchasers over 21 years of age, qualifying patients, provisional patients, and designated caregivers.”
In a fourth attempt to make law, legislators included a one-word edit that allows for remote examinations for medical patients and health care providers. The new wording states, “The physical examination required by this Act may be performed by remote means, including telemedicine.” HB2911 also states, “Subject to the rules of the Department of Public Health, a patient may apply for a waiver where a certifying health care professional provides a substantial medical basis in a signed, written statement asserting that, based on the patient’s medical history, in the certifying health care professional’s professional judgment, 2.5 ounces is an insufficient adequate medical supply for a 14-day period to properly alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.”
In addition, HB2911 adds new definitions for “Independent social equity transporting organization” and “Consolidated transport center,” as well as requirements and prohibitions for those terms and the long section on cannabis transporters.
HB2911 has arrived back in the House for concurrence on the four amendments added while in the Senate. If the House concurs with the new amendments, HB2911 is then sent to the Governor. If the House refused to concur, the bill is sent back to the Senate, where the Senate can recede from the amendments, in which the bill is send to the Governor. If the Senate refused to recede the amendments, a conference committee will be appointed to recommend a compromise version of the bill. If both houses agree with the compromise version, the bill is sent to the Governor.
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