* Nicole van Rensburg owns a suburban medical marijuana dispensary and wrote this for Crain’s about the current state law…
The current application is cumbersome, onerous and time-consuming. It requires submission of proof of residency, consent to a background check via a Livescan fingerprinting vendor and completion of several forms related to medical history, age, identity and more. The fingerprinting requirement is particularly difficult for patients suffering from serious medical conditions, and it appears to be unnecessary—no other state requires fingerprinting.
Once the application has been submitted—and this assumes that all portions of it have been correctly completed—it takes 30 to 45 days on average for the state to issue a patient’s card. If people can get an opioid prescription filled in a day, then why should they have to wait so long to get a medical cannabis card? While these delays may be the result of larger budgetary and human resource issues facing the state, it is our hope that some of the laws and rules that make the process so difficult can be changed.
Second, Illinois should consider adding medical conditions that affect large numbers of people. Chronic or severe pain afflicts over 100 million Americans, with total costs reaching as much as $635 billion per year—that includes health care costs and estimated loss of productivity—and is the most common qualifying condition for medical cannabis in other states. It has been reported that nearly two-thirds of registered cardholders in eight other states treat their chronic or severe pain with medical cannabis. Chronic or severe pain is currently not a qualifying condition in Illinois.
According to a study published in the June issue of the Journal of Pain, “Expanding evidence indicates that herbal cannabis has analgesic effects in neuropathic and nonneuropathic pain….There are at least five high-quality randomized controlled clinical trials establishing analgesic efficacy of smoked cannabis.” Many chronic pain sufferers are turning to cannabis as an alternative treatment and a means to reduce their use of pharmaceutical painkillers. They find that a cannabis regiment is equally as effective as pharmaceuticals but with far fewer side effects.
* The process is indeed cumbersome, and it’s expensive for patients. From a patient advocate…
Each applicant has to do a digital fingerprint scan service ($60+) to PROVE that they are not a drug felon (or other violent crime convict), active in law enforcement, or have a Commercial Driver’s License.
I contacted the lawyer that won the case against the state (for illegally blocking the addition of qualifying conditions to the medical cannabis program). He agrees that it is unconstitutional to block anyone from medicine based on their profession or criminal history. He believes that with a plaintiff, he can win the case AND additionally have the fingerprinting requirement for all applicants removed as that is also a violation of privacy and civil rights. […]
The whole state just decriminalized under 10 grams. The federal government is negotiating the transition of cannabis off of Schedule I designation. How much longer is cannabis going to be illegal? Why the draconian application process/bureaucratic institution for access to a non-toxic plant? Let’s move in the logical direction instead of letting this department sink it’s money-thirsty fangs into the sick patients of Illinois.
Did you know that when the new changes to the medical cannabis program were implemented on 8/1, the fee jumped from $100 to $300? Yeah, like getting into this program isn’t enough of a challenge. We knew that the cards would expire in 3 years, but no one NO ONE heard a word about charging $300 in advance for a 3 year card!! — They aren’t processing an application every year, so why charge the same $100 fee for every year? — totally insane… trust me, I know too much about how this department is using deficiency letters to discourage patients from pursuing their medical cannabis card.
* She then followed up on the “deficiency letters”…
1) Making a patient that has endured cancer treatment be re-fingerprinted to get access to a non-toxic plant.
2) Patients get a deficiency letter 4-6 weeks after they apply. Then, if they comply and provide anything they ask, it takes 14-30 days more to get the card!!
3) Those that don’t comply in the 45 day time frame lose their application fee.
4) Requiring an entire year of records from the VA to prove “ongoing care” is not in the law and is a violation of privacy.
5) Requiring the veteran’s DD214 to include character of service is not a part of the law but was added to the recently released application forms (8/1/16).
I’ve worked for 10 weeks with an agency that assists patients with the application process. I can’t un-see what I have witnessed. Just this week, a patient got the deficiency letter: Caregiver’s Fingerprint Consent Form is blurry. I went right to my file and resubmitted this document which is perfectly clear and sent it “actual size” — not compressed. This patient and many many more get these letters even though their application is PERFECT! The patient will be confused, frustrated and discouraged by the letter of deficiency. They abandon their application and the state keeps the application fees.
When this agency assists the patient, we immediately respond to the letter of deficiency. We see how regularly these deficiency notices are inaccurate. Because we push back on these situations, I’m pretty sure they hate us.
The law was made overly strict so liberal legislators could pass it with conservative support. I was OK with that at the time because I wanted to see it signed into law, but it’s way past the point that we move forward without all the “This Is Illinois” nonsense bureaucracy.
- A guy - Tuesday, Aug 9, 16 @ 11:14 am:
Amen.
- Not Rich - Tuesday, Aug 9, 16 @ 11:18 am:
The Quinn Administration botched this program from day 1..
- Homer J. Quinn - Tuesday, Aug 9, 16 @ 11:33 am:
anything less than full legalization is prohibition by other means.
this is about a flower. the government says they can lock you in a cage, take away your livelihood, and profit from your imprisonment if you have this flower. imagine them saying that about roses and it’s patently ridiculous, because this isn’t really about a flower. it’s about the thoughts you’re allowed to have.
- Springfieldish - Tuesday, Aug 9, 16 @ 11:37 am:
“The Quinn Administration botched this program from day 1..”
And that giant of business innovation and streamlining, Bruce Rauner, didn’t just double-down on whatever fault lay with the Quinn administration, he tripled it by being to busy violating state contracts and wasting our time over proposals that provide less than sufficient return on investment.
Just legalize it, for cryin’ out loud. Start with two years of dedicated revenue stream to education, then split it between pension costs and education. All it takes is a little testicular fortitude.
- TheGoodLieutenant - Tuesday, Aug 9, 16 @ 11:52 am:
What a shame! Shame on the state legislature, JCAR and the Governor(s) for this un-compassionate use of medical cannabis act! Shame on the Federal Government for the continued irresponsible scheduling of this herb! Legalize it already!
- Grandson of Man - Tuesday, Aug 9, 16 @ 11:57 am:
I agree with Rich’s closing statements. It is past time to move away from all the needless regulations.
I see in the way we overregulate medical marijuana vestiges of fears past, that it’s a “demon weed” that is almost like poison. I think we are past time to rid ourselves of unreasonable fears of old.
- Sir Reel - Tuesday, Aug 9, 16 @ 12:17 pm:
This sorta reminds me of the progression of gambling. Gambling started out as riverboat cruises. The legislature was afraid to just allow it and pretended it was OK if it was like the old days, Yancy Derringer and all. Conditions on number and length of cruises made it seem less like real gambling.
Same approach. Spineless.
- anon - Tuesday, Aug 9, 16 @ 12:30 pm:
=== The law was made overly strict so liberal legislators could pass it with conservative support. ===
Most Republican legislators still voted against it.
- Rich Miller - Tuesday, Aug 9, 16 @ 12:32 pm:
===Most Republican legislators still voted against it.===
Conservative, not Republican. There are a lot of conservative Dems.
- Federalist - Tuesday, Aug 9, 16 @ 12:38 pm:
“I was OK with that at the time because I wanted to see it signed into law, but it’s way past the point that we move forward without all the “This Is Illinois” nonsense bureaucracy.”
Wow, a real sense of honoring your ‘word’ isn’t it. This is what gives critics of almost any legislation pause for concern knowing full well that once it is passed the camels nose is in the tent. And then a quite campaign will be conducted to subvert the intent of what was agreed upon.
That relates not just to this legislation which overall I am an agnostic. but instead, to the overall devious process too often involved. Remember the seat belt laws first passed and how they were changed as the original backers had wanted all along.
- Anonymous - Tuesday, Aug 9, 16 @ 12:38 pm:
I’ve been working with Midwest Compassion, and they are some of the friendliest people I’ve met. Nicole’s spot on: it’s time to move this program forward.
- illinoised - Tuesday, Aug 9, 16 @ 1:16 pm:
Legalize it, for many reasons.
- Jerry - Tuesday, Aug 9, 16 @ 1:19 pm:
All I can say is Thank God we’re not Colorado…oh wait….
- frisbee - Tuesday, Aug 9, 16 @ 1:34 pm:
Probably just under 1,000 jobs in this new industry since Gov. Rauner issued the licenses according to my estimate. And the industry claims $250 million invested, imagine what those numbers would be if we did legalize it and treated it similar to alcohol. Didn’t Gov. Rauner promise to bring jobs and investments to Illinois? This seems like an easy win for the businessman.
- IL Dem - Tuesday, Aug 9, 16 @ 1:35 pm:
The irony is that it is now cheaper and easier to obtain marijuana in Illinois illegally than it is complying with medical marijuana laws.
- Saluki - Tuesday, Aug 9, 16 @ 2:11 pm:
Just don’t smoke a cigarette whatever you do.
- Excessively Rabid - Tuesday, Aug 9, 16 @ 3:12 pm:
Hemp? Pretty please?
- El Conquistador - Tuesday, Aug 9, 16 @ 3:45 pm:
This is an excellent example of Illinois being Illinois. This reluctant program is in abject fear of starting a wave of reefer madness.
- August West - Tuesday, Aug 9, 16 @ 3:57 pm:
Wanna take money away from criminals? Legalize pot. The price of pot has plummeted in Colorado and Washington since full legalization has gone into effect. You can now get an ounce of good weed in those states for $150. That’s less than half the price prior to legalization, and the only ones who are losing are criminals who once had the black market cornered.
Or we can continue doing it the Illinois Way, where the state has put up such silly and high bars that it’s far preferable to rely on the black market than go the legal route.
- RMR - Tuesday, Aug 9, 16 @ 4:59 pm:
Disabled due ten years and now homebound, this is a law I can not abide by. I’m a prisoner in my body and a criminal locked in my home….
- Anonymous - Tuesday, Aug 9, 16 @ 5:51 pm:
It’s all about the Benjamin’s!!!!
- Ron - Tuesday, Aug 9, 16 @ 6:29 pm:
Damn, this state has awful leadership. Has for decades
- Jerry in Chicago - Tuesday, Aug 9, 16 @ 8:11 pm:
—>>>Wanna take money away from criminals? Legalize pot. The price of pot has plummeted in Colorado and Washington since full legalization has gone into effect. You can now get an ounce of good weed in those states for $150. That’s less than half the price prior to legalization, and the only ones who are losing are criminals who once had the black market cornered.
Or we can continue doing it the Illinois Way, where the state has put up such silly and high bars that it’s far preferable to rely on the black market than go the legal route.