Sec. 165. Administrative rulemaking.

694 words·~3 min read·/il/chapter-410/act-130/165

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Not later than 120 days after the effective date of this Act, the Department of Public Health, Department of Agriculture, and the Department of Financial and Professional Regulation shall develop rules in accordance to their responsibilities under this Act and file those rules with the Joint Committee on Administrative Rules.

(b)The Department of Public Health rules shall address, but not be limited to, the following:

(1)fees for applications for registration as a qualified patient or caregiver;

(2)establishing the form and content of registration and renewal applications submitted

under this Act, including a standard form for written certifications;

(3)governing the manner in which it shall consider applications for and renewals of

registry identification cards;

(4)the manufacture of medical cannabis-infused products;

(5)fees for the application and renewal of registry identification cards. Fee revenue

may be offset or supplemented by private donations;

(6)any other matters as are necessary for the fair, impartial, stringent, and

comprehensive administration of this Act; and

(7)reasonable rules concerning the medical use of cannabis at a nursing care

institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, or adult day health care facility.

(c)The Department of Agriculture rules shall address, but not be limited to the following related to registered cultivation centers, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered cultivation centers:

(1)oversight requirements for registered cultivation centers;

(2)recordkeeping requirements for registered cultivation centers;

(3)security requirements for registered cultivation centers, which shall include that

each registered cultivation center location must be protected by a fully operational security alarm system;

(4)rules and standards for what constitutes an enclosed, locked facility under this

Act;

(5)procedures for suspending or revoking the registration certificates or registry

identification cards of registered cultivation centers and their agents that commit violations of the provisions of this Act or the rules adopted under this Section;

(6)rules concerning the intrastate transportation of medical cannabis from a

cultivation center to a dispensing organization;

(7)standards concerning the testing, quality, and cultivation of medical cannabis;

(8)any other matters as are necessary for the fair, impartial, stringent, and

comprehensive administration of this Act;

(9)application and renewal fees for cultivation center agents; and

(10)application, renewal, and registration fees for cultivation centers.

(d)The Department of Financial and Professional Regulation rules shall address, but not be limited to the following matters related to registered dispensing organizations, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered dispensing organizations or compromising the confidentiality of cardholders:

(1)application and renewal and registration fees for dispensing organizations and

dispensing organizations agents;

(2)medical cannabis dispensing agent-in-charge oversight requirements for dispensing

organizations;

(3)recordkeeping requirements for dispensing organizations;

(4)security requirements for medical cannabis dispensing organizations, which shall

include that each registered dispensing organization location must be protected by a fully operational security alarm system;

(5)procedures for suspending or revoking the registrations of dispensing organizations

and dispensing organization agents that commit violations of the provisions of this Act or the rules adopted under this Act;

(6)application and renewal fees for dispensing organizations; and

(7)application and renewal fees for dispensing organization agents.

(e)The Department of Public Health may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income. The Department of Public health may accept donations from private sources to reduce application and renewal fees, and registry identification card fees shall include an additional fee set by rule which shall be used to develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications.

(f)During the rule-making process, each Department shall make a good faith effort to consult with stakeholders identified in the rule-making analysis as being impacted by the rules, including patients or a representative of an organization advocating on behalf of patients.

(g)The Department of Public Health shall develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications.