Rep. Morgan introduces new cannabis-reform bill
Since recreational-use legalization in January 2020, the Illinois legislature has passed only one cannabis-related bill to reform either the Compassionate Use of Medical Cannabis Program Act or the Cannabis Regulation and Tax Act. Every other cannabis reform bill that has been introduced has failed, including multiple individual bills and omnibuses. With a new year, though, comes the introduction of another cannabis-reform bill.
Rep. Bob Morgan recently introduced House Bill 4306 (HB4306), which provides several amendments to the Compassionate Use of Medical Cannabis Program Act, Cannabis Regulation and Tax Act, Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers’ Occupation Tax Act. Witness slips for this bill can be filled out here.
HB4306 includes several amendments of note for medical patients and caregivers. Beginning July 1, 2026, designated caregivers, qualifying patients, or provisional patients will be able to purchase an adequate medical supply at any dispensing organization licensed by the Department of Financial and Professional Regulation. Caregivers and patients will keep allotment amounts and tax rates at all dispensaries. In addition, dispensaries shall develop and implement a “patient prioritization plan demonstrating that the dispensary is prioritizing qualifying patients, provisional patients, and dedicated caregivers.” If there is a shortage of cannabis or cannabis-infused products, a dispensing organization shall prioritize serving qualifying patients, designated caregivers, and provisional patients before serving purchasers. In addition, dispensaries must have a certifying health care professional on-site, make referrals to a certifying health care professional, include links to a certifying health care professional on the dispensary’s website, or otherwise direct patients to a certifying health care professional.
A new “Adequate medical supply” definition will allow for a patient to “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.” The pre-mixed weight of medical cannabis used in making a cannabis-infused product shall apply toward the limit on the total amount of medical cannabis a registered qualifying patient may possess at any one time.
HB4306 also contains an amendment for a dispensary drive through for caregivers and patients, stating, “During hours of operation, dispense all cannabis from the restricted access area, including a drive-through window, or from a pickup location in close proximity to the restricted access area. Orders in the pickup or drive-through location may only be placed by the purchaser or patient in advance, and the dispensing organization shall, prior to dispensing the cannabis, confirm that the purchaser, registered qualifying patient, provisional patient, or designated caregiver is in compliance.”
Other provision topics include imposed taxes, agent badges processing, license fees, and more. HB4306, in summary, would:
-Add and change definitions in the Cannabis Regulation and Tax Act, make conforming changes to terms in the Act, and remove certain references and provides for repeal of certain provisions related to the Compassionate Use of Medical Cannabis Program Act.
-Makes changes regarding mergers of certain licenses and medical patient prioritization.
-Provides for Adult Use Dispensing Organization licensee relocation.
-Provides for rescission of a conditional license, with certain requirements.
-Makes changes to provisions regarding Adult Use Dispensing Organization Licenses.
-Adds to requirements for Responsible Vendor Program Training modules.
-Adds new prohibitions and exceptions to provisions regarding changes to a dispensing organization.
-Adds certain State agencies and local health officials to provisions regarding investigations.
-Makes changes to provisions regarding Cultivation Center Licenses.
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