State lawmakers recently approved a measure that would not only allow people to substitute medical marijuana for their opioid prescriptions, but also streamline the medical marijuana process. If the governor signs the bill, it may increase the confusion with regard to drug laws in this area.
Since 2011, opioid overdoses have killed over 11,000 people in Illinois. Marijuana overdoses have killed zero people over that same time period. While marijuana’s side-effects continue to be hotly debated, “Opioids kill people, and marijuana does not,” remarked state Sen. Don Harmon (D-Oak Park). He recently sponsored a bill on this subject which passed with considerable bipartisan support. The proposal eliminates the bureaucratic approval process so that people who have prescriptions from their doctors would be automatically eligible to purchase marijuana. The measure also eliminates the no-criminal-history requirement for a marijuana prescription. Marijuana’s efficacy in this area is still in dispute, as well. The National Academy of Sciences says that marijuana is an effective painkiller, but the Food and Drug Administration has not approved it for that use.
Shortly before this bill reached his desk, Governor Rauner again went on record with his opposition to recreational marijuana. He faces a tough election against legalization proponent J.B. Pritzker, so Gov. Rauner may endorse a broader medical marijuana law as a political middle ground.
How to Qualify for Medical Marijuana in Chicago
Illinois may not legalize marijuana anytime soon, but lawmakers at the state and local level have effectively eliminated the penalties for its possession in many cases. The medical marijuana law is the leading vehicle in this area. To obtain medicinal marijuana, all of the following must apply:
- Qualifying Condition: There is a long list of debilitating conditions that qualify for medical marijuana. Some prominent ones include cancer, glaucoma, AIDS, Alzheimer’s disease, and “severe” fibromyalgia.
- Marijuana Card: This step actually has two subparts. First, the diagnosing physician must mail a form to the state. Second, the patient must obtain an identification card. The application must include a recent 2×2 photograph, a fingerprint card, and the application fee (if required).
Under current law, people with prior drug convictions, commercial drivers’ licenses, or in certain occupations (active duty law enforcement officer, correctional officer, correctional probation officer, or firefighter) are ineligible. The proposed new law would eliminate that first barrier but not affect the other two. As mentioned, the new law would also eliminate the marijuana card requirement.
How Much Medical Marijuana can I Have in Illinois?
Most people may have up to 2.5 ounces of medical marijuana in any 14-day period. That is quite a bit of marijuana. So, it is rather easy to see why law enforcement usually opposes medical marijuana expansions.
Even if you have less than the maximum and a valid card, it is illegal to take marijuana across state lines. Pot is still a controlled substance under federal law, so taking it with you to Wisconsin, Iowa or Indiana on a car ride for the afternoon is probably not the wisest idea. The prohibition probably applies even if you go from one medical marijuana state to another one.
Contact Experienced Attorneys
It may soon get a little easier to obtain medicinal marijuana in Illinois. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson.