(410 ILCS 130/30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 30. Limitations and penalties.
(a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:
(1) Undertaking any task under the influence of
cannabis, when doing so would constitute negligence, professional malpractice, or professional misconduct;
(2) Possessing cannabis:
(A) in a school bus;
(B) on the grounds of any preschool or primary or
secondary school;
(C) in any correctional facility;
(D) in a vehicle under Section 11-502.1 of the
Illinois Vehicle Code;
(E) in a vehicle not open to the public unless
the medical cannabis is in a reasonably secured, sealed, tamper-evident container and reasonably inaccessible while the vehicle is moving; or
(F) in a private residence that is used at any
time to provide licensed child care or other similar social service care on the premises;
(3) Using cannabis:
(A) in a school bus;
(B) on the grounds of any preschool or primary or
secondary school;
(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any
time to provide licensed child care or other similar social service care on the premises;
(F) in any public place. "Public place" as used
in this subsection means any place where an individual could reasonably be expected to be observed by others. A "public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a local unit of government. A "public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. For purposes of this subsection, a "public place" does not include a health care facility. For purposes of this Section, a "health care facility" includes, but is not limited to, hospitals, nursing homes, hospice care centers, and long-term care facilities;
(G) knowingly in close physical proximity to
anyone under the age of 18 years of age;
(4) Smoking medical cannabis in any public place
where an individual could reasonably be expected to be observed by others, in a health care facility, or any other place where smoking is prohibited under the Smoke Free Illinois Act;
(5) Operating, navigating, or being in actual
physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
(6) Using or possessing cannabis if that person does
not have a debilitating medical condition and is not a registered qualifying patient or caregiver;
(7) Allowing any person who is not allowed to use
cannabis under this Act to use cannabis that a cardholder is allowed to possess under this Act;
(8) Transferring cannabis to any person contrary to
the provisions of this Act;
(9) The use of medical cannabis by an active duty law
enforcement officer, correctional officer, correctional probation officer, or firefighter; or
(10) The use of medical cannabis by a person who has
a school bus permit or a Commercial Driver's License.
(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of cannabis where probable cause exists.
(c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, knowingly making a misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is a petty offense punishable by a fine of up to $1,000, which shall be in addition to any other penalties that may apply for making a false statement or for the use of cannabis other than use undertaken under this Act.
(d) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, any person who makes a misrepresentation of a medical condition to a physician or fraudulently provides material misinformation to a physician in order to obtain a written certification is guilty of a petty offense punishable by a fine of up to $1,000.
(e) Any cardholder or registered caregiver who sells cannabis shall have his or her registry identification card revoked and is subject to other penalties for the unauthorized sale of cannabis.
(f) Any registered qualifying patient who commits a violation of Section 11-502.1 of the Illinois Vehicle Code or refuses a properly requested test related to operating a motor vehicle while under the influence of cannabis shall have his or her registry identification card revoked.
(g) No registered qualifying patient or designated caregiver shall knowingly obtain, seek to obtain, or possess, individually or collectively, an amount of usable cannabis from a registered medical cannabis dispensing organization that would cause him or her to exceed the authorized adequate supply under subsection (a) of Section 10.
(h) Nothing in this Act shall prevent a private business from restricting or prohibiting the medical use of cannabis on its property.
(i) Nothing in this Act shall prevent a university, college, or other institution of post-secondary education from restricting or prohibiting the use of medical cannabis on its property.
(Source: P.A. 98-122, eff. 1-1-14.)
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Last modified: February 18, 2015