§946.230. General Provisions

a)         A registry identification card shall not be transferable.

 

b)         A registry identification card issued under this Section is the property of the State of Illinois and shall be surrendered upon demand of the Director or the Director's designee.

 

c)         The qualifying patient and the designated caregiver, if applicable, shall sign and date the application for a registry identification card. If the qualifying patient is under 16 years of age at the time of application, only the designated caregiver shall be required to sign and date the application for a registry identification card.

 

d)         The Department will require each applicant for a registry identification card to include a signed statement that specifies that the applicant attests that all information submitted as part of the application is true and accurate to the best of the applicant's knowledge and, at minimum, certifies that the applicant has actual notice that, notwithstanding any State law:

 

1)         Cannabis is a prohibited Schedule I controlled substance under federal law;

 

2)         Participation in the program is permitted only to the extent provided by the strict requirements of the Act and this Part;

 

3)         Any activity not sanctioned by the Act or this Part may be in violation of State law;

 

4)         Growing, distributing or possessing cannabis in any capacity, except through a federally approved research program, is a violation of federal law;

 

5)         Use of medical cannabis may affect an individual's ability to receive federal or state licensure in other areas;

 

6)         Use of medical cannabis, in tandem with other conduct, may be in violation of State or federal law;

 

7)         Participation in the program does not authorize any person to violate federal or State law and, other than as specified in Section 25 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal or State law;

 

8)         Applicants shall indemnify, hold harmless, and defend the State of Illinois for any and all civil or criminal penalties resulting from participation in the program; and

 

9)         Registered qualifying patients under 18 years of age shall be prohibited from consuming forms of cannabis, other than medical cannabis infused products, and from purchasing any usable cannabis. (Section 60(b) of the Act)

 

e)         A qualifying patient who reaches 18 years of age must submit a full application for a registry identification card as specified in Section 946.200.  Qualifying patients who become 18 years of age during the time period in which their registry identification card is valid may apply for a registry identification card either immediately or during the normal renewal period.  Until a full application is submitted and approved, the registry identification card shall be subject to the conditions applicable to the registered qualifying patient under age 18.

 

(Source:  Amended at 45 Ill. Reg. 6205, effective April 27, 2021)