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The Illinois Cannabis Control Act, statute number 720 ILCS 550/, which was passed in 1971, allows physicians to apply for written approval from the state police to use cannabis for research purposes in a treatment setting.
"...for years the state program has, essentially, been put on ice. 'The Illinois program has been effectively unenforced since 1984,' says Bryan Brickner, director of the Illinois chapter of the National Organization for the Reform of Marijuana Laws (NORML). 'It's a victim -- along with many other state programs -- of the 'War on Drugs' launched by the Reagan Administration.' Back then, authority for the Section 11 provisions was transferred to the Illinois Department of Alcohol and Substance Abuse. Brickner adds that the move was inherently political, as all medical-related aspects of cannabis research now fell under the rubric of 'substance abuse.' In other words, it was a way of burying the law. Apparently that move was effective because as far as we know right now, the Illinois' medical cannabis statute has never been exercised." * Illinois Compiled Statutes
CRIMINAL OFFENSES
(720 ILCS 550/) Cannabis Control Act (excerpts) (720 ILCS 550/1) (from Ch. 56 1/2, par. 701)
Sec. 1. The General Assembly recognizes that (1) the current state of scientific & medical knowledge concerning the effects of cannabis makes it necessary to acknowledge the physical, psychological & sociological damage which is incumbent upon its use; and (2) the use of cannabis occupies the unusual position of being widely used & pervasive among the citizens of Illinois despite its harmful effects; and (3) previous legislation enacted to control or forbid the use of cannabis has often unnecessarily and unrealistically drawn a large segment of our population within the criminal justice system without succeeding in deterring the expansion of cannabis use. It is, therefore, the intent of the General Assembly, in the interest of the health and welfare of the citizens of Illinois, to establish a reasonable penalty system which is responsive to the current state of knowledge concerning cannabis & which directs the greatest efforts of law enforcement agencies toward the commercial traffickers and large-scale purveyors of cannabis. To this end, this Act provides wide latitude in the sentencing discretion of the courts and establishes penalties in a sharply rising progression based on the amount of substances containing cannabis involved in each case. (Source: P. A. 77-758.)
(720 ILCS 550/11) (from Ch. 56 1/2, par. 711) Sec. 11. (a) The Department, with the written approval of the Department of State Police, may authorize the possession, production, manufacture and delivery of substances containing cannabis by persons engaged in research and when such authorization is requested by a physician licensed to practice medicine in all its branches, such authorization shall issue without unnecessary delay where the Department finds that such physician licensed to practice medicine in all its branches has certified that such possession, production, manufacture or delivery of such substance is necessary for the treatment of glaucoma, the side effects of chemotherapy or radiation therapy in cancer patients or such other procedure certified to be medically necessary; such authorization shall be, upon such terms and conditions as may be consistent with the public health and safety. To the extent of the applicable authorization, persons are exempt from prosecution in this State for possession, production, manufacture or delivery of cannabis.
(b) Persons registered under Federal law to conduct research with cannabis may conduct research with cannabis including, but not limited to treatment by a physician licensed to practice medicine in all its branches for glaucoma, the side effects of chemotherapy or radiation therapy in cancer patients or such other procedure which is medically necessary within this State upon furnishing evidence of that Federal registration and notification of the scope and purpose of such research to the Department and to the Department of State Police of that Federal registration.
(c) Persons authorized to engage in research may be authorized by the Department to protect the privacy of individuals who are the subjects of such research by withholding from all persons not connected with the conduct of the research the names and other identifying characteristics of such individuals. Persons who are given this authorization shall not be compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was granted, except to the extent necessary to permit the Department to determine whether the research is being conducted in accordance with the authorization. (Source: P.A. 84-25.)
(720 ILCS 550/15) (from Ch. 56 1/2, par. 715)
Sec. 15. The Department shall encourage research on cannabis. In connection with the research, and in furtherance of the purposes of this Act, it may:
(1) establish methods to assess accurately the effect of cannabis;
(2) make studies and undertake programs of research to:
(i) develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this Act;
(ii) determine patterns of use of cannabis and its social effects; and
(iii) improve methods for preventing, predicting, understanding, and dealing with the use of cannabis; (3) enter into contracts with public agencies, educational institutions, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which relate to the use of cannabis. (Source: P.A. 83-969.)
(720 ILCS 550/17) (from Ch. 56 1/2, par. 717)
Sec. 17. It is hereby made the duty of the Department of State Police, all peace officers within the State and of all State's attorneys, to enforce all provisions of this Act and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other states, relating to cannabis. (Source: P.A. 84-25.)
*Quoted excerpt taken from:
"Does Illinois' Medical Marijuana Law Have Legs?" Read the entire Illinois Compiled Statute at: |
