Illinois

Public Act 098-0122

Section 5. Findings.

(d) Data from the Federal Bureau of Investigation's Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 cannabis arrests in the U.S. are made under state law, rather than under federal law. Consequently, changing State law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use cannabis.

(f) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this Act does not put the State of Illinois in violation of federal law.

Illinois Administrative Code
TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: ILLINOIS DEPARTMENT OF AGRICULTURE
SUBCHAPTER v: LICENSING AND REGULATIONS
PART 1000 COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM

Section 1000.100 Permit Application
(e) The applicant shall sign a notarized statement certifying that:
(4) The applicant has actual notice that, notwithstanding any state law:
(A) Cannabis is a prohibited Schedule I controlled substance under federal law;
(D) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;
(E) Use of medical cannabis may affect an individual's ability to receive federal or State licensure in other areas;
(G) Participation in the program does not authorize any person to violate federal law or State law and, other than as set out in Section 25 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal law or State law; and
(H) 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.

Section 1000.50 Permits − General Provisions
(b)(4)(C) Federal Prosecution − the United States Congress has determined that cannabis is a controlled substance. Illinois has placed cannabis in Schedule I of the Illinois Controlled Substances Act. Growing, distributing, transporting and possessing cannabis in any capacity, other than as part of a federally authorized research program, is a violation of federal laws. The State of Illinois' Compassionate Use of Medical Cannabis Pilot Program Act does not authorize any permittee to violate federal or state laws.

On page 52, it says:
Nothing in this Act shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free.

On page 62, it says:
Nothing in this Act shall be construed to interfere with any federal, State, or local restrictions on employment including, but not limited to, the United States Department of Transportation regulation 49 CFR 40.151(e) or impact an employer’s ability to comply with federal or State law or cause it to lose a federal or State contract or funding.

On page 121, it says:
Purchaser education and support, including:
(i) Whether possession of cannabis is illegal under federal law;

On page 281, it says:
Possession or use of this product may carry significant legal penalties in some jurisdictions and under federal law.