Medical_Marijuana.pdf

Policy Des Plaines Police Department 429 Des Plaines PD Policy Manual Medical Marijuana 429.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with guidelines for investigating the acquisition, possession, transportation, delivery, production, or use of cannabis...

Policy Des Plaines Police Department 429 Des Plaines PD Policy Manual Medical Marijuana 429.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with guidelines for investigating the acquisition, possession, transportation, delivery, production, or use of cannabis under the Illinois Compassionate Use of Medical Cannabis Program Act (the Act) (410 ILCS 130/1 et seq.). 429.1.1 DEFINITIONS Definitions related to this policy include (410 ILCS 130/10): Authorized amount - No more than 2.5 ounces of usable cannabis unless the person has a Department of Public Health-approved quantity waiver for more than 2.5 ounces. The pre-mixed weight of cannabis used in making cannabis-infused products shall apply toward the authorized amount of cannabis. Cardholder - A person who has been issued a valid registry identification card or valid provisional registration by the Department of Public Health (410 ILCS 130/55). Dispensary - An organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to cardholders. Medical use of cannabis - The acquisition, administration, delivery, possession, transfer, transportation, or use of cannabis to treat or alleviate a person’s debilitating medical condition or symptoms associated with the debilitating medical condition. Qualifying patient - A person who has been diagnosed by a physician, an advanced practice registered nurse, or a physician assistant as having a debilitating medical condition listed in 410 ILCS 130/10(h). Registered designated caregiver - A person who has a valid registry identification card to assist a qualifying patient with the medical use of cannabis. Registry identification card - A document issued by the Department of Public Health that identifies a person as a registered qualifying patient or registered designated caregiver. Usable cannabis - The seeds, leaves, buds, and flowers of the cannabis plant. It does not include the stalks and roots of the plant or the weight of any non-cannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration, food, or drink. 429.2 POLICY It is the policy of the Des Plaines Police Department to prioritize resources to avoid making arrests related to cannabis that the arresting officer reasonably believes would not be prosecuted by state or federal authorities. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Medical Marijuana - 1 Des Plaines Police Department Des Plaines PD Policy Manual Medical Marijuana Illinois medical cannabis laws are intended to provide protection from arrest and prosecution to those who comply with the registration requirements of the law and who use, possess or provide care to mitigate the symptoms of certain chronic or debilitating medical conditions, or produce or deliver cannabis. However, Illinois medical cannabis laws do not affect federal laws and there is no medical exception under federal law for the possession or distribution of cannabis. The Des Plaines Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening both those individuals protected under Illinois law and the resources of the Department. 429.3 INVESTIGATION Investigations involving the possession, delivery, production or use of cannabis generally fall into one of two categories: (a) Investigations when no person makes a medicinal claim (b) Investigations when a medicinal claim is made by a cardholder 429.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM In any investigation involving the possession, delivery, production, or use of cannabis or drug paraphernalia where no person claims that the cannabis is used for medicinal purposes, the officer should proceed with a criminal investigation if the amount is greater than permitted for personal use of marijuana (410 ILCS 705/10-5). A medicinal defense may be raised at any time, so officers should document any statements and observations that may be relevant to whether the cannabis was possessed or produced for medicinal purposes. 429.3.2 INVESTIGATIONS INVOLVING A CARDHOLDER No enforcement action should be taken when a person is in possession of, delivers, or uses cannabis or cannabis paraphernalia when the following amounts of cannabis are not exceeded (410 ILCS 130/25; 410 ILCS 130/10; 410 ILCS 705/10-5): (a) 2.5 ounces of cannabis obtained from a dispensary (b) More than 2.5 ounces of cannabis obtained from a dispensary if the person has a Department of Public Health-approved quantity waiver (c) Five plants more than 5 inches tall (unless properly licensed to possess more plants under a special license) The total amount possessed between the patient and caregiver shall not exceed the patient’s adequate supply. Despite the existence of a valid registry identification card, if there is evidence that the conduct related to cannabis was not for the purpose of treating or alleviating the qualifying patient’s medical condition or symptoms associated with the medical condition, a criminal investigation should occur (410 ILCS 130/25(a)-(d)). Registered qualifying patients and their designated caregivers are required to possess their registry identification cards at all times when engaging in the medical use of cannabis (410 ILCS Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Medical Marijuana - 2 Des Plaines Police Department Des Plaines PD Policy Manual Medical Marijuana 130/70). However, officers who reasonably believe that a person who does not have a registry identification card in his/her possession has been issued a card may treat the investigation as if the person has the card in his/her possession. 429.3.3 ADDITIONAL CONSIDERATIONS Officers should consider the following when investigating an incident involving cannabis possession, delivery, production, or use (410 ILCS 130/25): (a) No person may be arrested solely for: 1. Selling cannabis paraphernalia to a cardholder, if the person is employed and registered as a dispensing agent of a dispensary. 2. Being in the presence or vicinity of the medical use of cannabis. 3. Assisting a qualifying patient in possession of a registry identification card with the act of administering cannabis. (b) Cannabis, cannabis paraphernalia, illegal property, or interest in legal property that is possessed, owned, or used in connection with the medical use of cannabis may not be seized or forfeited. However, nothing in this policy prohibits cannabis exceeding the authorized amounts or unrelated to any cannabis that is possessed, manufactured, transferred, or used under the Act from being seized or forfeited (c) Possession of, or application for, a registry identification card or registration certificate does not itself constitute reasonable suspicion or probable cause to search, nor does it preclude the existence of other independent probable cause. (d) Because enforcement of medical cannabis laws can be complex, time consuming, and call for resources unavailable at the time of initial investigation, officers may consider submitting a report to the prosecutor for review, in lieu of making an arrest. This can be particularly appropriate when: 1. The suspect has been identified and can be easily located at another time. 2. The case would benefit from review by a person with expertise in medical cannabis investigations. 3. Sufficient evidence, such as photographs or samples, has been lawfully obtained. 4. There are any other relevant factors, such as available department resources and time constraints. (e) Registered cultivation centers and dispensaries, as well as their officers, agents, and employees, may not be searched or seized solely because they are a cultivation center or dispensary, or are officers, agents, or employees of such facilities. (f) Before proceeding with enforcement related to a cultivation center, officers should consider conferring with appropriate legal counsel or the medical department of the state police (410 ILCS 705/15-135). Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Medical Marijuana - 3 Des Plaines Police Department Des Plaines PD Policy Manual Medical Marijuana 429.3.4 EXCEPTIONS This policy does not apply to the following offenses. Officers may take enforcement action if the person (410 ILCS 130/30): (a) Undertakes any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct. (b) Possesses or uses cannabis: (c) 1. In a school bus, except as provided under 105 ILCS 5/22-33. 2. On the grounds of any preschool, or primary, or secondary school, except as provided under 105 ILCS 5/22-33. 3. In any correctional facility. 4. In a vehicle, except that a person may possess medical cannabis if it is in a reasonably secured, sealed, container and is reasonably inaccessible while the vehicle is moving (see 625 ILCS 5/11-502.15 for how recreational marijuana may be transported in a motor vehicle). 5. In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises. Uses cannabis: 1. In any motor vehicle. 2. In any place except a private residence where an individual could reasonably be expected to be observed by others, except as provided under 105 ILCS 5/22-33. 3. Knowingly in close physical proximity to anyone under the age of 18, except as provided under 105 ILCS 5/22-33. 4. As an active duty law enforcement officer, correctional officer, correctional probation officer, or firefighter. 5. As a person with a school bus permit or a Commercial Driver’s License (CDL). (d) Smokes medical cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act. (e) Operates, navigates, or is in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis, in violation of Sections 11-501 and 11-502.1 of the Illinois Vehicle Code. (f) Uses or possesses cannabis if that person does not have a debilitating medical condition and is not a registered qualifying patient or registered designated caregiver. (g) Allows another person who is not allowed to use cannabis under the Act to use cannabis that a cardholder is allowed to possess. (h) Transfers cannabis to any person contrary to the provisions of the Act (i) Drives any vehicle in violation of Section 11-503 of the Illinois Vehicle Code (reckless driving). Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Medical Marijuana - 4 Des Plaines Police Department Des Plaines PD Policy Manual Medical Marijuana 429.4 FEDERAL LAW ENFORCEMENT Officers should provide information regarding a cannabis investigation to federal law enforcement authorities when it is requested by federal law enforcement authorities or whenever the officer believes those authorities would have a particular interest in the information. 429.5 PROPERTY AND EVIDENCE SECTION RESPONSIBILITIES The Lab/Property Specialist should ensure that cannabis, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical cannabis is not destroyed. The Lab/Property Specialist is not responsible for caring for live cannabis plants. Upon the prosecutor's decision to forgo prosecution, or the dismissal of charges or an acquittal, the Lab/Property Specialist should return to the person from whom it was seized any useable cannabis, plants, drug paraphernalia or other related property. The Lab/Property Specialist should not destroy cannabis that was alleged to be for medical purposes except upon receipt of a court order. The Lab/Property Specialist may release cannabis to federal law enforcement authorities upon presentation of a valid court order or by a written order of a Criminal Investigations Section supervisor. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Medical Marijuana - 5