Bill Text: IL HB5865 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, if there is an amount in excess of $7,500,000 in the Compassionate Use of Medical Cannabis Fund on the effective date of the amendatory Act, the State Treasurer shall so certify to the Department of Public Health and the State Comptroller, and the Department of Public Health shall certify to the State Comptroller the names and addresses, as well as any other necessary information, of all medical cannabis patients who made any medical cannabis product purchase in the 180-day period preceding the effective date of the amendatory Act. Provides that the State Comptroller shall determine a refund amount by dividing the amount in excess of $7,500,000 by the number of medical cannabis patients certified by the Department of Public Health, and the State Comptroller shall disburse the refund amount to each medical cannabis patient certified by the Department of Public Health. Provides for the issuance of refunds if there is an amount in excess of $7,500,000 in the Fund on June 30, 2022 or June 30 of any subsequent year. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-01-08 - Referred to Rules Committee [HB5865 Detail]

Download: Illinois-2019-HB5865-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5865 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
410 ILCS 130/20
Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, if there is an amount in excess of $7,500,000 in the Compassionate Use of Medical Cannabis Fund on the effective date of the amendatory Act, the State Treasurer shall so certify to the Department of Public Health and the State Comptroller, and the Department of Public Health shall certify to the State Comptroller the names and addresses, as well as any other necessary information, of all medical cannabis patients who made any medical cannabis product purchase in the 180-day period preceding the effective date of the amendatory Act. Provides that the State Comptroller shall determine a refund amount by dividing the amount in excess of $7,500,000 by the number of medical cannabis patients certified by the Department of Public Health, and the State Comptroller shall disburse the refund amount to each medical cannabis patient certified by the Department of Public Health. Provides for the issuance of refunds if there is an amount in excess of $7,500,000 in the Fund on June 30, 2022 or June 30 of any subsequent year. Effective immediately.
LRB101 22910 CPF 74211 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5865 LRB101 22910 CPF 74211 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Section 20 as follows:
(410 ILCS 130/20)
Sec. 20. Compassionate Use of Medical Cannabis Fund.
(a) There is created the Compassionate Use of Medical
Cannabis Fund in the State treasury to be used exclusively for
the direct and indirect costs associated with the
implementation, administration, and enforcement of this Act
and for refunds as set forth in subsection (d). Funds in excess
of the direct and indirect costs associated with the
implementation, administration, and enforcement of this Act
shall be used to fund crime prevention programs.
(b) All monies collected under this Act shall be deposited
in the Compassionate Use of Medical Cannabis Fund in the State
treasury. All earnings received from investment of monies in
the Compassionate Use of Medical Cannabis Fund shall be
deposited in the Compassionate Use of Medical Cannabis Fund.
(c) Notwithstanding any other law to the contrary, the
Compassionate Use of Medical Cannabis Fund is not subject to
sweeps, administrative charge-backs, or any other fiscal or

HB5865 - 2 - LRB101 22910 CPF 74211 b
budgetary maneuver that would in any way transfer any amounts
from the Compassionate Use of Medical Cannabis Fund into any
other fund of the State.
(d)(1) If there is an amount in excess of $7,500,000 in the
Compassionate Use of Medical Cannabis Fund at the close of
business on the effective date of this amendatory Act of the
101st General Assembly, the State Treasurer shall so certify to
the Department of Public Health and the State Comptroller, and
the Department of Public Health shall certify to the State
Comptroller the names and addresses, as well as any other
necessary information, of all medical cannabis patients who
made any medical cannabis product purchase in the 180-day
period preceding the effective date of this amendatory Act of
the 101st General Assembly. The State Comptroller shall
determine a refund amount by dividing the amount in excess of
$7,500,000 by the number of medical cannabis patients certified
by the Department of Public Health under this paragraph (1).
The State Comptroller shall disburse the refund amount from the
Fund to each medical cannabis patient certified by the
Department of Public Health under this paragraph (1).
(2) If there is an amount in excess of $7,500,000 in the
Compassionate Use of Medical Cannabis Fund at the close of
business on June 30, 2022 or June 30 of any subsequent year,
the State Treasurer shall so certify to the Department of
Public Health and the State Comptroller, and the Department of
Public Health shall certify to the Comptroller the names and

HB5865 - 3 - LRB101 22910 CPF 74211 b
addresses, as well as any other necessary information, of all
medical cannabis patients who made any medical cannabis product
purchase during the State fiscal year ending on June 30 of that
year. The State Comptroller shall determine a refund amount by
dividing the amount in excess of $7,500,000 by the number of
medical cannabis patients certified by the Department of Public
Health under this paragraph (2) for that year. The State
Comptroller shall disburse the refund amount from the Fund to
each medical cannabis patient certified by the Department of
Public Health under this paragraph (2).
(Source: P.A. 98-122, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.