Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 946 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 946.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Compassionate Use of Medical Cannabis Program
				  Act [410 ILCS 130].
"
Adequate supply" means 2.5 ounces of usable cannabis
				  during a period of 14 days and that is derived solely from an intrastate
				  source
and purchased at a licensed Illinois dispensing
				  organization
.
(Section 10(a)(1) of the Act)
"Administer" or "Administration" means the direct
				  introduction of medical cannabis into the body of a person, whether by
				  inhalation, ingestion, or any other means.
"Advanced practice registered nurse" means a person
				  who is licensed under the Nurse Practice Act as an advanced practice registered
				  nurse and has a controlled substances license under Article III of the Illinois
				  Controlled Substances Act.
(Section 10(a-5) of the Act
"Bona-fide health care professional-patient
				  relationship" means a relationship established at a hospital, certifying health
				  care professional's office, or other health care facility in which the
				  certifying health care professional has an ongoing responsibility for the
				  assessment, care, and treatment of a patient's debilitating medical condition
				  or a symptom of the patient's debilitating medical condition
or has
				  diagnosed a disease or condition for which an opioid was prescribed or could be
				  prescribed and is actively monitoring the effectiveness of the
				  treatment
.
(Section 10(z) of the Act)
"Cannabis" means
marihuana, hashish and other
				  substances which are identified as including any parts of the plant Cannabis
				  sativa
and including any and all derivatives or subspecies, such as
				  Indica, of all strains of cannabis
, whether growing or not; the seeds
				  thereof, the resin extracted from any part of such plant; and any compound,
				  manufacture, salt, derivative, mixture, or preparation of such plant, its
				  seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol
				  derivatives, including its naturally occurring or synthetically produced
				  ingredients, whether produced directly or indirectly by extraction, or
				  independently by means of chemical synthesis or by a combination of extraction
				  and chemical synthesis; but shall not include the mature stalks of such plant,
				  fiber produced from such stalks, oil or cake made from the seeds of such plant,
				  any other compound, manufacture, salt, derivative, mixture, or preparation of
				  such mature stalks (except the resin extracted therefrom), fiber, oil or cake,
				  or the sterilized seed of such plant which is incapable of
				  germination.
(Section 3(a) of the Cannabis Control Act)
"Caregiver" or "designated caregiver" means a person who is
				  designated by a qualifying patient as the person authorized, on the qualifying
				  patient's behalf, to possess, obtain from a certified medical cannabis
				  dispensary, dispense and assist in the administration of medical
				  cannabis.
"Certifying health care professional" means a
				  physician, an advanced practice registered nurse, or a physician
				  assistant.
(Section 10(d-5) of the Act)
"Cultivation center"meansa facility operated by an
				  organization or business that is registered by the Department of Agriculture to
				  perform necessary activities to provide only registered medical cannabis
				  dispensing organizations with usable medical cannabis
. (Section 10(e)
				  of the Act)
"DD214" means a certified DD214 Certificate of Release or
				  Discharge from Active Duty Member Copy 4 or State Director of Veteran Affairs
				  Copy 6; a certified DD214 Report of Separation from Active Duty Copy 2; or
				  equivalent certified document indicating character of service and dates of
				  service. A DD214 can be certified by the State Department of Veterans' Affairs,
				  county veteran's officials, and the federal Department of Veterans
				  Affairs.
"
Debilitating medical condition
"
meanscancer, glaucoma, positive status for human immunodeficiency
				  virus
(HIV)
, acquired immune deficiency syndrome
(AIDS)
, hepatitis C, amyotrophic lateral sclerosis
(ALS)
, Crohn's disease (including, but not limited to, ulcerative
				  colitis), agitation of Alzheimer's disease, cachexia/wasting syndrome, muscular
				  dystrophy, severe fibromyalgia, spinal cord disease, including but not limited
				  to arachnoiditis, Tarlov cysts, hydromyelia, syringomyelia, Rheumatoid
				  arthritis
(RA)
, fibrous dysplasia, spinal cord injury,
				  traumatic brain injury
(TBI)
and post-concussion syndrome,
				  Multiple Sclerosis, Arnold-Chiari malformation and Syringomelia,
				  Spinocerebellar Ataxia (SCA), Parkinson's
disease
,
				  Tourette's
syndrome,
Myoclonus, Dystonia, Reflex Sympathetic
				  Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
				  (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic
				  Inflammatory Demyelinating Polyneuropathy, Sjogren's syndrome, Lupus,
				  Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome,
				  residual limb pain, seizures (including those characteristic of epilepsy); and
				  post-traumatic stress disorder (PTSD), autism, chronic pain, irritable bowel
				  syndrome, migraines, osteoarthritis, anorexia nervosa, Ehlers-Danlos Syndrome,
				  Neuro-Behcet's Autoimmune Disease, neuropathy, polycystic kidney disease,
				  superior canal dehiscence syndrome,
intractable pain,
or the
				  treatment of these conditions; or any other debilitating medical condition that
				  is added
pursuant to the statute or
by the Department by rule
				  as provided in Section
946.30.
				  (Section 10(h) of the Act)
"Department" means the Illinois Department of Public
				  Health.
"Director" means the Director of the Illinois Department of
				  Public Health or his or her designee.
"Evidence-based medical research" means documentation of
				  published, peer-reviewed best evidence on research related to the use of
				  medical cannabis, which includes up-to-date information from relevant, valid
				  research about the effects of medical cannabis on different forms of diseases
				  and conditions, its use in health care, the potential for harm from exposure,
				  and other relevant medical information.
"Health care facility" means any and all facilities and
				  agencies licensed by the Department, including, but not limited to, those
				  registered under the Hospital Licensing Act, Nursing Home Care Act, Ambulatory
				  Surgical Treatment Center Act, Alternative Health Care Delivery Act, Hospice
				  Program Licensing Act, Specialized Mental Health Rehabilitation Act of 2013 and
				  any nursing facility operated by the Illinois Department of Veterans'
				  Affairs.
"Health care professional" means a physician, an advanced
				  practice registered nurse, or a physician assistant.
"Medical cannabis" means cannabis and its constituent
				  cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as
				  an herbal remedy or therapy to treat disease or alleviate symptoms. Medical
				  cannabis can be administered in a variety of ways, including, but not limited
				  to: vaporizing or smoking dried buds; using concentrates; administering
				  tinctures or tonics; applying topicals such as ointments or balms; or consuming
				  medical cannabis-infused food products.
"
Medical cannabis container
"
meansa
				  sealed, traceable, food compliant, tamper resistant, container or package used
				  for the purpose of containment of medical cannabis.
(Section 10(n) of
				  the Act)
"
Medical cannabis dispensing organization
"
				  or "
Dispensing organization"meansa facility operated by an organization
				  or business that is registered by the Department of Financial and Professional
				  Regulation to acquire medical cannabis from a registered cultivation center for
				  the purpose of dispensing
medical
cannabis, paraphernalia, or
				  related supplies and educational materials to registered qualifying patients,
				  individuals with a provisional registration for qualifying patient cardholder
				  status, or Opioid Alternative Pilot Program participant
. (Section
				  10(o) of the Act)
"
Medical cannabis-infused product
"
meansfood, oils, ointments,
sodas or teas, capsules
or
				  other products containing usable cannabis that are not smoked.
(Section 10(q) of the Act)
"Opioid" means a narcotic drug or substance that is a
				  Schedule II controlled substance under Section 206 (b)(1), (2), (3), or (5) or
				  (c) of the Illinois Controlled Substances Act.
(Section 10 (r-5) of
				  the Act)
"Opioid Alternative Pilot Program participant" means
				  an individual who has received a valid written certification to participate in
				  the Opioid Alternative Pilot Program for a medical condition for which an
				  opioid has been or could be prescribed by a certifying health care professional
				  based on generally accepted standards of care.
(Section 10(r-10) of
				  the Act)
"Petitioner" means an applicant who seeks to add debilitating
				  medical conditions to those listed in Section 10(h) of the Act as allowed under
				  Section 946.30.
"Physician" means a doctor of medicine or doctor of
				  osteopathy licensed under the Medical Practice Act of 1987 to practice medicine
				  and who has a controlled substances license under Article III of the Illinois
				  Controlled Substances Act. It does not include a licensed practitioner under
				  any other Act including but not limited to the Illinois Dental Practice
				  Act.
(Section 10(s) of the Act)
"Physician assistant" means a physician assistant
				  licensed under the Physician Assistant Practice Act of 1987 and who has a
				  controlled substances license under Article III of the Illinois Controlled
				  Substances Act.
(Section 10(s-1) of the Act)
"Private residence" means the part of a structure used as a
				  dwelling, including, without limitation: a private home, townhouse,
				  condominium, apartment, mobile home, vacation home, cabin or cottage. For the
				  purposes of this definition, a hotel, motel, inn, resort, lodge, bed and
				  breakfast or other similar public accommodation, hospital, nursing home or
				  assisted living facility shall not be considered a private residence.
"Promptly" means as soon as reasonably practicable, but not
				  later than five days.
"Provisional patient" means a qualifying patient who has
				  received a provisional registration from the Department of Public
				  Health.
"Provisional registration" means a document issued by
				  the Department of Public Health to a qualifying patient
or designated
				  caregiver
who has submitted:
a
valid and complete
online
				  application and paid a fee to participate in
the
Compassionate
				  Use of Medical Cannabis Program pending approval or denial of the patient's
				  application; or
a completed application for terminal
				  illness.
(Section 10(s-5) of the Act)
"Public place" means any place where an individual could
				  reasonably be expected to be observed by others, including all parts of
				  buildings owned in whole or in part or leased by the State or a unit of local
				  government. A "public place" does not include health care facilities, as
				  defined in this Part, or private residences unless the private residence is
				  used to provide child care, foster care or other similar social service care on
				  the premises.
"
Qualifying patient" means a person who has been
				  diagnosed by a certifying health care professional as having a debilitating
				  medical condition.
(Section 10(t) of the Act)
"Reasonable amount" means less than 2,000 grams of cannabis
				  for any conviction that occurred in the past 10 years or any amount of cannabis
				  if the felony in the jurisdiction where the conviction occurred has been
				  reclassified as a misdemeanor or petty offense since the time of the
				  conviction.
"Registered qualifying patient" means a qualifying patient
				  who has been approved by the Department and has been issued a registry
				  identification card.
"
Registry identification card"
or "medical
				  cannabis patient registry card"
meansa document issued by the
				  Department that identifies a person as a current registered qualifying patient
				  or registered designated caregiver.
(Section 10(v) of the Act)
"Resident" means a person who maintains a legal place of
				  residence in the State of Illinois.
"Reviewing health care professional" means a health care
				  professional who has conducted a review of the medical records from other
				  health care professionals treating a qualifying patient who is under 18 years
				  of age for the purpose of confirming the diagnosis of debilitating medical
				  conditions as defined in the Act.
"Spinal cord injury" means damage to the nervous tissue of
				  the spinal cord with objective neurological indication of intractable
				  spasticity.
"Terminal illness" means a debilitating condition or other
				  illness for which the qualifying patient has received a diagnosis for a life
				  expectancy of six months or less.
"Tincture" means cannabis flowered tops and leaves that are
				  soaked in liquid, usually an alcohol solution, transferring the THC and other
				  cannabanoids to the liquid. The tincture may be added to foods and liquids,
				  applied to the skin, or consumed directly by drinking a small quantity or
				  placing a few drops under the tongue.
"Tetrahydrocannabinol" or "THC" means the primary active
				  ingredient in cannabis.
"VA" means federal Department of Veterans Affairs.
"Veteran" means person who served in one of the five
				  active-duty Armed Services or their respective Guard or Reserve units, and who
				  was discharged or released from service under conditions other than
				  dishonorable.
"VA health care facility" means a health care facility
				  operated by the federal Department of Veterans Affairs-Veterans Health
				  Administration providing hospital and outpatient health care services to U.S.
				  military service veterans.
"VA medical records" means records from the VA documenting
				  medical conditions, medications, and dates of treatment in the VA healthcare
				  system. Records shall include, but not be limited to, information from the
				  patient's VA health record found at
www.myhealth.va.gov
.
"
Written certification
"
meansa
				  document,
on a form specified by the Department,
dated and
				  signed by a certifying health care professional, stating:
that the qualifying patient has a debilitating
				  medical condition and specifying the debilitating medical condition the
				  qualifying patient has; and
that:
the certifying health care professional is treating
				  or managing treatment of the patient's debilitating condition;
				  or
an Opioid Alternative Pilot Program Participant has a
				  medical condition for which opioids have been or could be
				  prescribed.
A written certification shall be made only in the
				  course of a bona-fide health care professional-patient relationship, after
				  the
certifying
health care professional has completed an
				  assessment of either a qualifying patient's medical history or Opioid
				  Alternative Pilot Program participant, reviewed relevant records related to the
				  patient's debilitating condition, and conducted a physical
				  examination
. (Section 10(y) of the Act)