ILLINOIS MEDICAL CANNABIS REGULATIONS

On August 1st of 2013, Illinois Governor Pat Quinn signed into law the Illinois Medical Cannabis Pilot Program, which provided legislation for regulation of medicinal marijuana to the residents of the State of Illinois. The law took effect on January 1st, 2014, however, government regulated cultivation centers and dispensaries will not open until early 2015.

In the “findings” section of HB 0001 (which outlined the facts supporting the decriminalization of marijuana for medical use), the State of Illinois presented several arguments in favor of medical marijuana usage. Included were the following;

  • the use of marijuana for medical uses being documented back 5,000 years.
  • a 1999 study by the Institute of Medicine showing therapeutic values for marijuana in treating a wide variety of mental and physical conditions.
  • at the time of enactment, over 600,000 patients in the United States are prescribed medicinal marijuana.
  • in the Federal Bureau of Investigation’s Uniform Crime Report, it was discovered that in 99 out of 100 arrests made nationally for marijuana possession were in response to a federal, not state, law.
  • States are not required to adhere to Federal law under the Constitution of the Unites States of America, so citizens of Illinois are in no violation of state law, and therefore protected from penalization by this decision.
  • It was to the advantage of the state to differentiate between “medical” and “non-medical” use of marijuana for the purpose of criminal prosecution.

The State of Illinois (as well as all other states in the Union that allow for protected use of medicinal marijuana) adheres to Title 21 of the Code of Federal Regulations Part 1301 as enacted by the DEA. The Code specifies that, in the instance of small amounts of drugs permit, a safe or steel cabinet may be used in the storage of Class I drugs. This safe or cabinet must provide;

* 30 man-minutes against surreptitious entry

* 10 man-minutes against forced entry

* 20 man-hours against lock manipulation

* 20 man-hours against radiological techniques

The Code also states that if a safe or steel cabinet is less than weights less than 750 lbs., it must be bolted or cemented to the floor in such a way it cannot be removed. Also, depending on the quantities and type of the substances being stored, the safe or cabinet must be equipped with an alarm system which, upon attempted break-in, shall transmit a signal directly to a central protection company or a local or State police agency which has a legal duty to respond, or a 24-hour control station operated by the registrant, or such other protection. DEA approved safes and vaults for practitioners and non-practitioners such as wholesale, distribution, warehousing and manufacturing can be found here: http://www.safeandvault.com/solutions/dea-diversion-control-security-requirements.html 

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