Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 946.40 - Limitations and Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				person engaging in the following conduct may be charged with civil, criminal or
				other penalties for:
1)
Undertaking
				any task under the influence of cannabis, when doing so would constitute
				negligence, professional malpractice, or professional
				misconduct;
2)
Possessing cannabis:
A)
except as provided under Section 22-33 of the School Code, in a school
				bus;
B)
except as
				provided under Section 22-33 of the School Code, on the grounds of any
				preschool or primary or secondary school;
C)
in any correctional
				facility;
D)
in a
				vehicle under Section 11-502.1 of the Illinois Vehicle Code;
E)
in a vehicle not open to the
				public unless the medical cannabis is in a reasonably secured, sealed,
				tamper-evident
, tamper resistant
container and reasonably
				inaccessible while the vehicle is moving; or
F)
in a private residence that is
				used at any time to provide licensed child care or other similar social service
				care on the premises;
3)
Using cannabis:
A)
except as provided under Section
				22-33 of the School Code, in a school bus;
B)
except as provided under Section
				22-33 of the School Code, on the grounds of any preschool or primary or
				secondary school;
C)
in any correctional facility;
D)
in any motor
				vehicle;
E)
in a
				private residence that is used at any time to provide licensed child care or
				other similar social service care on the premises;
F)
except as provided under Section
				22-33 of the School Code, in any public place. "Public place" as used in this
				subsection
(a)(3)(F)
means any place where an individual could
				reasonably be expected to be observed by others. A "public place" includes all
				parts of buildings owned in whole or in part, or leased, by the State or a
				local unit of government. A "public place" does not include a private residence
				unless the private residence is used to provide licensed child care, foster
				care, or other similar social service care on the premises. For purposes of
				this subsection
(a)(3)(F)
, a "public place" does not include a
				health care facility. For purposes of this Section, a "health care facility"
				includes, but is not limited to, hospitals, nursing homes, hospice care
				centers, and long-term care facilities;
G)
except as provided under Section
				22-33 of the School Code, knowingly in close physical proximity to anyone under
				the age of 18 years of age;
4)
Smoking medical cannabis in any
				public place where an individual could reasonably be expected to be observed by
				others, in a health care facility, or any other place where smoking is
				prohibited under the Smoke Free Illinois Act;
5)
Operating, navigating, or being in
				actual physical control of any motor vehicle, aircraft, or motorboat while
				using or under the influence of cannabis in violation of Sections 11-501 and
				11-502.1 of the Illinois Vehicle Code;
6)
Using or possessing cannabis if
				that person does not have a debilitating medical condition and is not a
				registered qualifying patient,
provisional patient,
or
				caregiver
or Opioid Alternative Pilot Program
				participant
;
7)
Allowing any person who is not allowed to use cannabis under
the
Act to use cannabis that a cardholder,
provisional
				patient, or Opioid Alternative Pilot Program participant
is allowed to
				possess under
the
Act;
8)
Transferring cannabis to any
				person contrary to the provisions of
the
Act;
9)
The use of medical cannabis by an active duty law enforcement officer,
				correctional officer, correctional probation officer, or firefighter;
				or
10)
The use of
				medical cannabis by a person who has a school bus permit or a Commercial
				Driver's License.