Illinois state legislature and Gov. J.B. Pritzker (D) once again committed to progressive reform in making the Illinois Medical Marijuana Program permanent. SB 2023 was signed into law on August 8, 2019, and it guarantees the permanent existence of a sanctioned medical cannabis program in the state of Illinois.
The most noticeable change to the law is the striking of the word ‘Pilot‘ along with the implications of that language to the law.
This new law helps patients in knowing that they will have a steady and reliable supply of herb, and canna-businesses find relief in knowing that they continue to operate as they were, and that investments in compassionate care made five years ago will not be neglected.
SB 2023 adds numerous 11 new qualifying conditions to the approved list. These include:
autism, chronic pain, irritable bowel syndrome, migraines, osteoarthritis, anorexia nervosa, Ehlers-Danlos Syndrome, Neuro-Behcet’s Autoimmune Disease, neuropathy, polycystic kidney disease, superior canal dehiscence syndrome .
Other changes that many patients may notice are the disallowing qualifying patients (QP) to purchase any smokable or vaporized products. This means that only edibles, topical, and suppository products may be purchased by a QP who is also under 21.
SB 2023 has also given permission to healthcare workers other than licensed physicians to recommend medical cannabis. This means that any ‘certifying healthcare professional’ such as a nurse or physician assistant may recommend medical cannabis.
The new law also allows for veterans to receive allotment quantity increases upon request to the Illinois Department of Public Health (IDPH), as well as gives minors the ability to have 3 instead of 2 caregivers.
SB 2023 also gives relief to cannabis business operators, and their potential lenders. The new law specifically states that
the Secretary of Financial and Professional Regulation shall not: issue an order against a financial institution for unsafe or unsound banking practices solely because the entity provides financial services to a cannabis-related legitimate business; prohibit, penalize, or otherwise discourage a financial institution from providing financial services to a cannabis-related legitimate business solely because the entity provides financial services to a cannabis-related legitimate business
as well as prohibits the Illinois Department of Financial and Professional Regulation (IDFPR) from furnishing “to the State Treasurer confidential supervisory information concerning financial institutions that provide financial services to cannabis-related businesses.”
These details, along with more regarding a 3.75% tax rate on all sales, adds clarity and confidence for businesses and their potential lenders regarding their ability to raise funds and grow a business without any recourse from the state, barring any other types malpractice on the business end. While this lets banks lend to cannabis businesses state-side, the answer to the question of the federal governments policy and enforcement is still unclear.
