As criminal defense attorneys, we often see individuals arrested for cannabis-related charges. Sometimes, it is clear that these individuals were consuming cannabis for medicinal purposes. Unfortunately, without a patient registry card under the Compassionate Use of Medical Cannabis Pilot Program Act (“the Act”), the medicinal use of marijuana remains illegal in Illinois.

The good news is that since its inception in 2013, Illinois’ medical marijuana program has gradually expanded. People who previously dismissed the program due to the limited list of qualifying conditions or the perceived difficulty of obtaining doctor certification may now find relief under the Act.

Program Expansion

The “pilot” program, originally scheduled to expire in 2017, has been extended to 2020. Cards issued are now valid for three years, offering stability for participants already in the program.

Two new conditions have been added to the list of debilitating conditions: PTSD and terminal illness. Terminal illness is defined as a condition with a life expectancy of six months or less. Interestingly, if a patient survives beyond six months, they may then apply for a three-year registry card. The Act has also been amended to allow eligibility for minors, though minors are restricted to cannabis-infused products only.

Physician Certification Changes

The law has also addressed concerns regarding physician participation. In the past, some doctors refused to sign documents recommending marijuana, and doctors treating patients through the Veterans Administration were prohibited from signing them. Recent changes simplified this process: physicians no longer need to recommend marijuana, but only certify that the patient has a debilitating condition.

For veterans, an additional solution has been provided. Instead of requiring physician certification, veterans may now submit one year of medical records from the VA facility where they receive care.

Growing Program and Legal Challenges

Because of these gradual expansions, many who did not qualify under the original rules—or who faced challenges with physician cooperation—may now be eligible. The program continues to grow.

• As of January 2016, over 4,000 Illinois residents were registered cardholders.
• By February 2017, the number had grown to 17,000, according to the Chicago Tribune.
• Lawsuits continue to push for additional qualifying conditions, including irritable bowel syndrome, migraines, osteoarthritis, and chronic post-operative pain. Courts have at times ruled in favor of adding conditions, though these decisions are often challenged and subject to further proceedings.

Looking Ahead

As the program expands, the attorneys at Harter & Schottland remain committed to advising clients about eligibility and updates in the law. While employers may continue to set their own policies regarding medical marijuana, having a registry card may help patients avoid criminal prosecution.

If you have questions about the Act, cannabis offenses, or applying for a registry card, call Harter & Schottland at 847-546-0022.

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