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Archive for the ‘Compassionate Use of Medical Cannabis Pilot Program’ tag

Illinois Medical Marijuana Pilot Program Conditions

November 12th, 2015 at 2:34 pm

Illinois defense attorney, Illinois drug laws, Illinois criminal lawyer,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:

  • Cancer;
  • Glaucoma;
  • 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;
  • Lupus;
  • 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;
  • Autism;
  • Osteoarthritis;
  • 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.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3503&ChapterID=35

http://www2.illinois.gov/gov/mcpp/Pages/default.aspx

Different DUI Standards for Medical Marijuana Patients

May 13th, 2015 at 11:56 am

Illinois defense attorney, Illinois criminal lawyer, drug crimes, Illinios drug laws, Illinois is slowly limping into the age of medical marijuana. While getting the system up and running is taking some time, there are some very good things in the state’s medical marijuana laws. One of those good things has to do with how medical marijuana patients will be treated when it comes to DUI charges.

Illinois DUI Marijuana Charges for Non-Medical Marijuana Users

People who choose to use marijuana in Illinois without the protections that are afforded to medical marijuana users run serious risks if they are ever pulled over on suspicion of a DUI. Under Illinois statute, a person can be found guilty of DUI if he or she drives or is in actual physical control of a vehicle while there is any amount of a drug, substance, or compound in his or her blood, breath, or urine resulting from the unlawful use or consumption of cannabis. Now, as most marijuana users are aware, certain metabolites of marijuana can remain in a person’s system for days or even weeks after the drug has been used and the effects of the drug have worn off. This means that technically a person who uses non-medical marijuana in Illinois and then drives two or three weeks later can be prosecuted for driving under the influence of drugs, even though all of the science indicates that the marijuana would be having no effect on the person’s driving at that time.

Illinois DUI Marijuana Charges for Medical Marijuana Patients

Fortunately, medical marijuana patients will be treated differently. The Illinois law that deals with this particular type of DUI specifically exempts people who are patients licensed under the Compassionate Use of Medical Cannabis Pilot Program. This does not mean, however, that medical marijuana patients will be allowed to drive while high. A different part of the DUI statute makes it a crime to drive while under the influence of any drug or combination of drugs to a degree that the person is rendered incapable of safe driving. So a urine test showing marijuana metabolites will not be enough to convict a person of DUI, but evidence of marijuana intoxication at the time of driving will suffice. One way the State may try to prove intoxication in these cases is through the use of drug recognition experts, or DREs. You may be aware of the standard field sobriety tests that cops perform on suspected drunk drivers. DREs are law enforcement officers who have been trained to administer a longer battery of tests that allegedly indicate whether someone has been using a drug other than alcohol, and if so, what type of drug they have been using.

Call the Law Offices of Christopher M. Cosley

If you have been charged with a DUI, you need the help of an experienced Rolling Meadows criminal defense attorney. Christopher Cosley has spent his career defending the rights of people like you. Call the Law Offices of Christopher M . Cosley at (847)394-3200.

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