SB3941 allows cannabis patients to purchase from all Illinois dispensaries
Since before adult-use legalization, the hundreds of thousands of qualified medical patients in Illinois have had only 55 dispensaries to chose from, and the lack of access to specific medical needs, especially in southern Illinois, has forced several patients to drive 2-hours or more to purchase medicine. Senate Bill 3941 would address this long-time concern and complaint by allowing all qualifying patients, provisional patients, and caregivers to “purchase medical cannabis at any licensed dispensary or dispensing organization licensed by the Department of Financial and Professional Regulation under the Cannabis Regulation and Tax Act,” beginning January 1, 2025.
Most of the provisions in SB3941, sponsored last week by Senator Laura Fine, are additions and deletions to achieve this main goal, including adding that “cannabis purchased by a qualified patient, designated caregiver, or provisional patient from a registered dispensing organization for purposes of provisions in those Acts that establish a 1% rate of taxation for prescription and nonprescription medicines and drugs,” which would ensure medical patients pay the current medical tax on cannabis products at all Illinois dispensaries.
SB3941 also adds to the definition of Qualifying Patient to mean, “Beginning on January 1, 2025, all ‘qualifying patients’ registered under the Compassionate Use of Medical Cannabis Program Act shall be permitted to cannabis and cannabis-infused products at any or dispensing organization licensed by the Department of Financial and Professional Regulation pursuant the Cannabis Regulation and Tax Act.” In addition, SB3941 includes a provision that all “dispensing organizations must maintain an adequate medical supply of cannabis and cannabis-infused products for purchase by qualifying patients, designated caregivers, and provisional patients…If there is a shortage of cannabis or cannabis-infused products, a dispensing organization shall prioritize serving qualifying patients, designated caregivers, and provisional patients before serving purchasers.”
An unrelated provision includes a $10,000 fee for all licensed dispensing organizations in Illinois. This 1-paragraph provision states, “By April 1, 2025, all dispensing organizations shall pay a one-time fee of $10,000 to be deposited into the Compassionate Use of Medical Cannabis Fund. After this one-time fee, all dispensing organizations shall renew under Section 15-45. The Department may approve payment plans which extend beyond April 1, 2025 for the fee paid under this subsection if the first payment under the payment plan remitted by April 1, 2025.” In last year’s budget, Illinois depleted the $40,000,000 in the Compassionate Use of Medical Cannabis Fund by transferring that money to the Cannabis Business Development Fund.
Other SB3941 provisions have been incorporated into previous stalled or unsuccessful Illinois Senate and House bills, including a provision that provides that the physical examination required for medical patients may be performed by remote means, allowance for dispensary drive-through pick up, and new details for applying for dispensary relocation within its specific BLS Region.
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