Chicago Police DepartmentSpecial Order S04-26-18
The Compassionate Use of Medical Cannabis Pilot Program Act
Issue Date:08 January 2016Effective Date:08 January 2016
Rescinds:2 December 2015 Version
Index Category:Preliminary Investigations
I.PURPOSE
This directive:
  • A.outlines the provisions of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, (Act).
  • B.informs Department members that medical cannabis in the possession of a valid Registry cardholder (patient) is to be regarded as medicine for purposes of processing of a DUI.
  • C.outlines inventory procedures when a registered medical cannabis patient (in possession of medical cannabis and a valid Registry card) is arrested for an offense unrelated to the Act.
  • D.informs Department members that medical cannabis in the possession of a Registry cardholder who has violated any provisions of the Act is to be regarded and handled as illegal possession of cannabis under the Cannabis Control Act and is to be inventoried as evidence, consistent with the Department directive entitled"Inventorying Narcotics Evidence."
II.GENERAL INFORMATION
  • A.The Illinois Compassionate Use of Medical Cannabis Pilot Program Act creates a limited exception to Illinois criminal law to permit doctor-advised medicinal use of cannabis by patients with debilitating medical conditions and allows those in possession of a medical cannabis patient Registry card in the State of Illinois to:
    • 1.possess and use cannabis for medicinal purposes, and;
    • 2.keep or carry an "adequate supply" of up to 2.5 ounces during a 14-day period from a registered dispensing organization.
      • a.2.5 ounces equals approximately 70 grams. The total amount between patient and caregiver cannot exceed 2.5 ounces.
      • b.A waiver for an adequate supply of more than 2.5 ounces during a 14-day period may be approved by the Department of Public Health under certain conditions.
    • 3.transport cannabis within a vehicle in a secure, sealed, tamper-evident container that is reasonably inaccessible.
  • B.Possession of cannabis in public in and of itself is not a violation of the law for persons in compliance with this Act.
  • C.Registry patients are prohibited from smoking cannabis in specified areas.
  • D.Registered medical cannabis patients are permitted to simultaneously hold a Firearms Owner Identification (FOID) card.
III.DEFINITIONS
  • A."Registry ID card" - An ID card issued by the following State of Illinois agencies to those permitted to posses medical cannabis under the Act:
    • 1.Department of Public Health (DPH): patients, caregivers;
    • 2.Department of Agriculture (DA): cultivation center agents;
    • 3.Department of Financial and Professional Regulation (DFPR): dispensing organization agents.
    NOTE:
    With limited exceptions based upon medical exemptions, minors under the age of 18 will not be issued Registry cards; nor will active police officers, firefighters, correctional officers, probation officers, or bus drivers. Those with a commercial driver's license or a felony drug conviction will also not be eligible for a Registry card.
  • B."Registry cardholder" - A medical cannabis patient, a caregiver, a cultivation center agent, or a dispensing organization agent possessing a valid Registry ID card.
  • C."Adequate supply" - A Registry patient may possess up to 2.5 ounces of cannabis (approximately 70 grams) during a 14-day period obtained from an assigned dispensing organization. A waiver for an adequate supply of more than 2.5 ounces during a 14-day period may be approved by the Department of Public Health under certain conditions.
  • D."Designated caregiver" - A person issued a Registry card by the DPH and who:
    • 1.is at least 21 years of age;
    • 2.has agreed to assist a patient with medical cannabis use;
    • 3.has not been convicted of an excluded offense (a felony under the Illinois Controlled Substance Act, Cannabis Control Act, or Methamphetamine Control and Community Protection Act);
    • 4.assists no more than one patient.
  • E."Cultivation center" - A facility registered by the Department of Agriculture to provide dispensing organizations with medical cannabis.
    NOTE:
    Up to 22 cultivation centers will be licensed, one in each of the 22 Illinois State Police (ISP) districts. The DA and the ISP will conduct regular inspections of cultivation centers.
  • F."Cultivation center agent" - A principal officer, board member, employee, or agent of a registered cultivation center who is 21 years of age or older and has not been convicted of an excluded offense. The DA will issue Registry ID cards to cultivation center agents.
  • G."Dispensing organization" - Dispensing organizations will be regulated by the DFPR, and will acquire cannabis from state regulated cultivation centers. There will be no more than 60 dispensaries in the state of Illinois. Patients can only purchase medical cannabis from the dispensing organization to which they are assigned.
  • H."Dispensing organization agent" - A person identified by the DFPR as a medical cannabis dispensing organization agent. The DFPR will issue Registry ID cards to dispensing agents.
  • I."Medical cannabis container issued by a dispensary" - A sealed, traceable, food-compliant, tamper- resistant, tamper-evident container or package.
    NOTE:
    When a Registry cardholder transports cannabis in his or her car, the cannabis must be in a sealed, tamper-evident container reasonably secured and not accessible to the driver when the vehicle is moving and not visible from outside the vehicle.
  • J."Medical cannabis infused product" - Non-smokable food, oils, ointments, or other products containing medical cannabis.
IV.REGISTRY IDENTIFICATION CARDS
  • A.Both patient and caregiver must keep the Registry ID card in his or her possession at all times when engaged in either the consumption or the transportation of medical cannabis.
  • B.Department of Public Health Registry ID cards must contain:
    • 1.name of cardholder and designation of either patient or caregiver;
    • 2.dates of issuance and expiration;
    • 3.unique, random alphanumeric number;
    • 4.if a caregiver, the card must contain the medical cannabis ID number of the patient;
    • 5.if required by the DPH, a photo of the cardholder.
  • C.Registration expires one year after date of issuance.
  • D.In order for a person to be issued a medical cannabis Registry ID card, he or she must submit an application and the following information to the Department of Public Health:
    • 1.written certification issued by a physician, within last 90 days;
    • 2.documentation to corroborate registrant's medical condition;
    • 3.other information that the DPH deems necessary to verify a bona-fide doctor-patient relationship and to substantiate diagnosis;
    • 4.fees;
    • 5.name, address, DOB, and SSN of the patient;
    • 6.name, address, and phone number of the recommending physician;
    • 7.name, address, and phone number of the caregiver (if any);
    • 8.signed statements from the patient and caregiver stating that they will not divert (sell the medical cannabis);
    • 9.background checks for both patient and caregiver.
  • E.The Department of Health shall approve or deny an application or a renewal within 30 days of receiving the completed application and all supporting documentation and will issue a Registry ID card to a qualifying patient or a designated caregiver within 15 business days of approving the application or renewal.
  • F.The Department of Public Health, Department of Agriculture, or the Department of Financial and Professional Regulation may suspend, revoke, or impose other penalties upon a registrant for violations of the Act and any rules adopted in accordance thereto. The suspension, revocation, or imposition of any other penalty upon a registration is a final Agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court.
V.CHECKING THE STATUS OF A MEDICAL CANNABIS REGISTRY CARD
  • A.The Secretary of State will enter Registry ID information into the cardholder's driving record. A driver's license or State ID query through LEADS will provide the driver's Registry card status, the card expiration date, and the amount of medical cannabis the cardholder may possess.
    WARNING:
    Department personnel will not query or disseminate cannabis patient information except in furtherance of a legitimate law enforcement investigation. Such unauthorized disclosure by government personnel is a class B misdemeanor under Section 410 ILCS 130/145(c).
  • B.Medical cannabis ID cards from other states are not recognized by the State of Illinois.
  • C.Registry cardholders are not required to inform officers that they are in possession of a Registry ID card or of medical cannabis. If medical cannabis is discovered during an investigatory stop (unrelated to the Registry cardholder status), the officer may request to see the Registry ID card and conduct a status check of the card through a LEADS query.
  • D.If a LEADS status check of a Registry ID card reveals that there is "no record on file", the card may be queried through the Crime Prevention and Information Center (CPIC).
VI.IMMUNITIES
  • A.Mere possession of, or application for, a Registry identification card or registration certificate does not constitute probable cause or reasonable suspicion, nor shall it be used as the sole basis to support the search of the person, property, or home of the person possessing or applying for the Registry ID card.
  • B.A registered qualifying patient is not subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by an occupational or professional licensing board, for the medical use of cannabis in accordance with this Act, if the registered qualifying patient possesses an amount of cannabis that does not exceed an "adequate supply" of usable cannabis and, where the registered qualifying patient is a licensed professional, the use of cannabis does not impair that licensed professional when he or she is engaged in the practice of the profession for which he or she is licensed.
  • C.A registered designated caregiver is not subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by an occupational or professional licensing board, for acting in accordance with this Act to assist a registered qualifying patient to whom he or she is connected through the Department's registration process with the medical use of cannabis if the designated caregiver possesses an amount of cannabis that does not exceed an "adequate supply". The total amount possessed between the qualifying patient and caregiver shall not exceed the patient's "adequate supply".
  • D.A physician is not subject to arrest, prosecution, or penalty in any manner solely for providing written certifications or for otherwise stating that, in the physician's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis.
  • E.No person may be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by an occupational or professional licensing board, solely for:
    • 1.selling cannabis paraphernalia to a cardholder upon presentation of an unexpired Registry identification card in the recipient's name, if employed and registered as a dispensing agent by a registered dispensing organization;
    • 2.being in the presence or vicinity of the medical use of cannabis as allowed under this Act; or
    • 3.assisting a registered qualifying patient with the act of administering cannabis.
  • F.A registered cultivation center is not subject to prosecution, search or inspection, (except by the Department of Agriculture, Department of Public Health, or State or local law enforcement) for acting under this Act and the Department of Agriculture rules to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or sell cannabis to registered dispensing organizations.
    NOTE:
    A registered cultivation center agent is not subject to any prosecution, search, or penalty in any manner, or the denial of any right or privilege, for working or volunteering for a registered cannabis cultivation center under this Act and the Department of Agriculture rules.
  • G.A registered dispensing organization is not subject to prosecution, search or inspection, (except by the Department of Financial and Professional Regulation or State or local law enforcement), for acting under this Act and Department of Financial and Professional Regulation rules to acquire, possess, or dispense cannabis, related supplies, and educational materials to registered qualifying patients or registered designated caregivers on behalf of registered qualifying patients.
    NOTE:
    A registered dispensing organization agent is not subject to any prosecution, search, or penalty in any manner, or to be denied any right or privilege, for working or volunteering for a dispensing organization under this Act and the Department of Financial and Professional Regulation rules.
  • H.Any cannabis, cannabis paraphernalia, personal property, or interest in legal property that is possessed, owned, or used in connection with the medical use of cannabis as allowed under this Act, or acts incidental to that use, may not be seized or forfeited.
    NOTE:
    This Act does not prevent the seizure or forfeiture of cannabis exceeding the amounts allowed under this Act, nor shall it prevent seizure or forfeiture if the basis for the action is unrelated to the cannabis that is possessed, manufactured, transferred, or used under this Act.
  • I.Nothing in this Act shall preclude local or State law enforcement agencies from searching a registered cultivation center where there is probable cause to believe that the criminal laws of this State have been violated and the search is conducted in conformity with the Illinois Constitution, the Constitution of the United States, and all State statutes.
  • J.Nothing in this Act shall preclude local or State law enforcement agencies from searching a registered dispensing organization where there is probable cause to believe that the criminal laws of this State have been violated and the search is conducted in conformity with the Illinois Constitution, the Constitution of the United States, and all State statutes.
  • K.No law enforcement or correctional agency, nor any individual employed by a law enforcement or correctional agency, shall be subject to criminal or civil liability, except for willful and wanton misconduct, as a result of taking any action within the scope of the official duties of the agency or individual to prohibit or prevent the possession or use of cannabis by a cardholder incarcerated at a correctional facility, jail, or municipal lockup facility, on parole or mandatory supervised release, or otherwise under the lawful jurisdiction of the agency or individual.
  • L.The information received and records kept by the Department of Public Health, Department of Financial and Professional Regulation, Department of Agriculture, or Illinois State Police for purposes of administering this Act are subject to all applicable federal and state privacy and confidentiality laws and are exempt from the Freedom of Information Act.
VII.PROHIBITIONS/VIOLATIONS
If a Registry ID cardholder does any of the following, the cardholder is no longer afforded the protections of the Act and the possession of cannabis is no longer legal.
  • A.Pursuant to the Act, ( Section 410 ILCS 130/30) no Registry patient may:
    • 1.undertake any task under the influence if it constitutes negligence, professional malpractice, or misconduct;
    • 2.possess cannabis:
      • a.on a school bus;
      • b.on the grounds of any preschool, primary, or secondary school;
      • c.in a correctional facility;
      • d.in a vehicle in a manner inconsistent with requirements of 625 ILCS 5/11-502.1 (prohibiting use in a vehicle and requiring transport via a sealed, tamper-evident container by agents);
      • e.in a private vehicle unless in a secured, sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving;
      • f.in a private residence that is used to provide licensed child care or other similar social service on premises.
    • 3.use cannabis:
      • a.on a school bus;
      • b.on the grounds of any preschool, primary, or secondary school;
      • c.in a correctional facility;
      • d.in a private residence used at any time to provide day care or other similar social service on the premises;
      • e.in any public place;
      • f.knowingly in close proximity to anyone under the age of 18 years old.
    • 4.smoke cannabis in any:
      • a.public place;
      • b.health care facility;
      • c.other place where smoking is prohibited by state law.
    • 5.operate, navigate, or be in actual physical control of a motor vehicle while either;
      • a.using cannabis, or;
      • b.driving under the influence (DUI).
    • 6.use or possess:
      • a.if no qualifying medical condition, or;
      • b.if not registered.
    • 7.allow use by a person not authorized;
    • 8.give or sell to any person unless authorized to dispense;
    • 9.use cannabis if an active duty law enforcement officer, correctional officer, probation officer, or firefighter;
    • 10.use cannabis if the person has a school bus permit or CDL.
  • B.No person may drive recklessly or drive while impaired by the consumption of cannabis.
  • C.No person may be untruthful to law enforcement over any fact or circumstances related to medical cannabis use to avoid arrest or prosecution.
    • 1.Petty offense are punishable by fine of up to $1000 [(410 ILCS 130/30(c)].
    • 2.Other more serious charges are possible.
  • D.No cardholder or caregiver may sell cannabis; the Registry ID card may be revoked and the cardholder may face other penalties.
  • E.A Registry ID card may be revoked if the cardholder:
    • 1.consumes while driving;
    • 2.fails to properly secure cannabis in a sealed and labeled container in the car, or;
    • 3.refuses a lawfully required field sobriety test requested by law enforcement.
  • F.Patient or caregiver cannot seek, obtain, or possess more than the allowable amount.
  • G.Private business may restrict or ban medical cannabis use.
  • H.Universities, colleges, and post-secondary institutions may restrict or ban medical cannabis use.
VIII.Possession of Medical Cannabis in a Motor Vehicle
  • A.A Registry cardholder may transport and/or possess medical cannabis in a motor vehicle only if the cannabis is contained in a sealed, tamper-evident medical cannabis container.
  • B.625 ILCS 5/11-502.1 (Possession of Medical Cannabis in a Motor Vehicle): During investigatory stops, including traffic stops, if a Registry cardholder is in possession of medical cannabis in the passenger area of the vehicle and it is not contained in a sealed, tamper-evident medical cannabis container, the below sections apply:
    • 1.625 ILCS 5/11-502.1(a) No driver who is a medical cannabis cardholder may use medical cannabis within the passenger area of any motor vehicle upon a highway in this State.
    • 2.5/11-502.1(b) No driver who is a medical cannabis cardholder, a medical cannabis designated caregiver, medical cannabis cultivation center agent, or dispensing organization agent may possess medical cannabis within any area of any motor vehicle upon a highway in this State except in a sealed, tamper-evident medical cannabis container.
    • 3.5/11-502.1(c) No passenger who is a medical cannabis cardholder, a medical cannabis designated caregiver, or medical cannabis dispensing organization agent may possess medical cannabis within any passenger area of any motor vehicle upon a highway in this State except in a sealed, tamper-evident medical cannabis container.
  • C.Any person who violates the above subsections (a) through (c) of Section 625 ILCS 5/11-502.1:
    • 1.commits a Class A misdemeanor;
    • 2.shall be subject to revocation of his or her medical cannabis card for a period of 2 years from the end of sentence imposed;
    • 3.shall be subject to revocation of his or her status as a medical cannabis caregiver, medical cannabis cultivation center agent, or medical cannabis dispensing organization agent for a period of 2 years from the end of the sentence imposed.
IX.DUI: Medical Cannabis is to be considered as prescription or over-the-counter medication
  • A.Registry patients are deemed to have consented to a field sobriety test. Registry cardholders who drive while they are impaired by cannabis will face the same penalties as people who drive while impaired by prescription or over-the-counter drugs.
  • B.Registry patients can legally drive with cannabis in their system as long as they are not impaired. There is currently no chemical test to prove cannabis impairment. Members will determine whether probable cause exists to charge the driver with DUI by:
    • 1.observing the person's driving;
    • 2.observing the person's condition;
    • 3.interviewing the driver;
    • 4.conducting the Standard Field Sobriety Test (SFST).
      NOTE:
      Possession of a medical cannabis patient Registry card alone cannot be used to provide reasonable suspicion for conducting a Standard Field Sobriety Test.
  • C. The below statutes may be used in processing DUI medical cannabis impairment:
    • 1.625 ILCS 5/11-501a(4) A person shall not drive or be in actual physical control of any vehicle within the State while under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
    • 2.625 ILCS 5/11-501a(5) A person shall not drive or be in actual physical control of any vehicle within the State while under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders a person incapable of safely driving.
      NOTE:
      Officers will NOT cite 625 ILCS 5/11-501a(6) "A person shall not drive or be in actual physical control of any vehicle within the State while there is any amount of a drug, substance or compound in the person's breath, blood, or urine resulting from the unlawful use of cannabis listed in the as Cannabis Control Act."
  • D.For Illinois drivers without a medical cannabis Registry card, zero tolerance for cannabis still applies and 625 ILCS 5/11-501a(6) may be cited.
X.INVENTORYING PROCEDURES
  • A.Members arresting a medical cannabis patient (in possession of medical cannabis and a valid Registry ID card) for an offense unrelated to the Medical Cannabis Act (e.g., retail theft) will inventory the medical cannabis in eTrack consistent with department directive entitled "Inventorying Arrestees Personal Property", including:
    • 1.creating a separate eTrack inventory for the medical cannabis.
    • 2.selecting the item type "Prisoner's Personal Property - Other", adding the description "medical cannabis" and the classification action of "Pickup Pursuant to Notice of Inventory Return Policy."
    • 3.sealing the medical cannabis in a Personal Property Bag (not a narcotics bag.)
  • B.Station supervisors responsible for inventoried medical cannabis will ensure that the inventoried medical cannabis:
    • 1.is held in a secure location in the district to prevent misplacement or theft of the property.
    • 2.is returned to the arrestee as a Field Turnover.if it is still retained in the unit at the time an arrestee is released from lockup.
      NOTE:
      Medical cannabis will not go with the arrestee to court.
    • 3.is transported to the Evidence and Recovered Property Section (ERPS) by regular courier pick up if not picked up by the arrestee after 96 hours.
  • C.Arrest of Registry ID cardholder who is in violation of the Act;
    If a Registry ID cardholder (in possession of medical cannabis) violates any provision of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act (as outlined in Section VII of this directive), the cannabis is no longer considered "medicine" and the Department member may:
    • 1.if less than 15 grams of cannabis, cite the person with an Administrative Notice of Ordinance Violation (ANOV) as per the Department directive entitled "Alternative Cannabis Enforcement Program".
    • 2.if 15 grams or more of cannabis, make a physical arrest under the Cannabis Control Act.
      NOTE:
      The cannabis should be inventoried as evidence as outlined in Department directive "Inventorying Narcotics Evidence."
XII.Conflict Provision
In the event that a procedure in this directive conflicts with the provisions of any other Department directive, this directive will take precedence.
Authenticated by: KC
John J. Escalante
Interim Superintendent of Police
16-003 SB