Archive for the ‘Medical Marijuana’ Category
November 12th, 2015 at 2:34 pm
Illinois Compassionate Use of Medical Cannabis Pilot Program, codified as 410 ILCS 130 et seq., is a temporary test program that will run until the end of 2017, which allows Illinois residents with qualifying medical conditions and diseases to have access to medical marijuana as part of their treatment or pain management regimen. Patients who are eligible under the Act must have a debilitating medical condition as defined in the Act, which includes 39 different conditions, including:
- Hepatitis C;
- Spinal cord disease or a spinal cord injury;
- Parkinson’s disease;
- Muscular dystrophy;
- Traumatic brain injuries or post-concussion syndrome;
- Rheumatoid arthritis;
- Fibrous dysplasia;
- Wasting syndrome;
- Seizures; or
- A handful of other rare and painful conditions.
Eight New Conditions for Inclusion in the Medical Cannabis Pilot Program
At the beginning of October, the Medical Cannabis Advisory Board provided a recommendation that an additional eight health conditions be added to the list of health conditions that are eligible for access to medical marijuana, including:
- Post-traumatic stress disorder;
- Chronic pain syndrome;
- Pain due to trauma;
- Chronic postoperative pain;
- Intractable pain; and
- Irritable bowel syndrome.
These eight health conditions are not yet officially included as part of the Illinois Compassionate Use of Medical Cannabis Pilot Program. The Illinois Department of Public Health must first approve these eight conditions, and then develop administrative rules concerning medical marijuana use for these conditions, before they can officially be included as eligible.
The Basics of the Compassionate Use Act
Under the Act, a qualified and registered patient may use and possess a quantity of marijuana within the confines of the Act. Similarly, the qualified and registered patient’s registered and designated caregiver may also possess a quantity of medical marijuana on behalf of the patient.
However, there are restrictions on the use and possession of medical marijuana under the Act. For instance, it is still illegal to have or use medical marijuana in a school bus, on the grounds of a school, or at any home that also serves as a child care facility. Medical marijuana can only be transported in a vehicle so long as it is in closed and sealed packaging and can never be used while operating a motor vehicle. Medical marijuana cannot be used in a public place, or in the presence of anyone under the age of 18 years old.
So even if you are someone who is eligible to participate in the Compassionate Use of Medical Cannabis Pilot Program, and even if you have registered for the program and have obtained the appropriate identification card, the Compassionate Use Act is not a free pass to do whatever you like when it comes to your medical marijuana. The laws regulating the use of medical marijuana are strict, and if you violate them, you will be prosecuted.
Medical marijuana is still relatively new in Illinois, and people who are authorized under the Compassionate Use Act may inadvertently end up in trouble with the law: either for improper possession, transportation or use of the drug. If this happens to you, you will need the assistance of a skilled criminal defense lawyer.
Call the Law Offices of Christopher M. Cosley
If you are permitted to possess and use marijuana for medical purposes, but have been charge with a drug offense, please contact an experienced Rolling Meadows criminal defense attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for immediate assistance.