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While the fate of medical marijuana licenses in Illinois was questionable amid a new governor taking office, Governor Bruce Rauner made a surprising move and awarded dozens of licenses on Monday. Letters were sent out to 18 cultivation centers and 52 retail shops confirming that they have been selected to receive the licenses. Others who have spent thousands of dollars on the application process were disappointed to find out they were not selected.

Illinois Governor Bruce Rauner conducted an internal review that revealed flaws in the medical marijuana license award process under former Governor Pat Quinn. In a statement made by John Barclay, Rauner’s general counsel, he said that Quinn’s process had created “a risk of substantial and costly litigation” to the state. While Quinn said that applications were subjected to a blind review process, Governor Rauner’s review revealed that state agencies conducted a “character and fitness review” subsequent to the blind scoring.

Still under review are two applications from HealthCentral LLC, an application from strip club owner Perry Mandera, and a company part-owned by Nicholas Vita, a former Goldman Sachs executive who faced lawsuits in other states for opening medical marijuana businesses.

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The question of whether medical marijuana cultivation centers and dispensaries will receive their licenses has been put into the hands of the new governor, Bruce Rauner. Governor Pat Quinn left office without issuing the contemplated licenses and it is unclear whether Rauner will issue them. Rauner showed his opposition to medical marijuana during his campaign but sources indicate that he may be reconsidering his position. A Rauner spokeswoman said his administration is “in the process of reviewing it.”

While the decision to issue licenses has not been made, on Monday morning, Governor Quinn signed into law changes to the current medical marijuana program in Illinois. One significant change is that patients charged with driving under the influence of medical cannabis will have their medical marijuana card revoked and their driver’s license suspended.

Also, state regulators will have the authority to fine and suspend individuals for violating existing law. Before this change, the only penalty was to revoke a violator’s license. Additionally, fingerprints of owners, investors, and employees of cultivation centers and dispensaries as well as patients and caregivers will be checked against state and federal databases.

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1. The liability of parents for underage drinking no longer only applies to residences or private property. State law will be expanded in 2015 to penalize parents who allow those under the age of 21 to consume alcohol in vehicles, trailers, campers or watercrafts under their ownership or control. Parents will face a fine of up to $2,000. If a death results, parents can face a felony charge.

2. The Illinois Tollway Authority will now have the authority to increase the speed limit to 70 mph on interstates in urban areas. The law previously passed in 2013 allowed for a 70 mph speed limit only in rural areas.

3. Individuals, including children, who suffer from seizures will be permitted to be treated with medical marijuana. Although the specific rules and regulations regarding children are not finalized, it is likely that the child will be required to obtain written certification from two doctors.

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As part of its DUI statute, Illinois has a provision that provides that any amount of cannabis or controlled substance in a driver’s system may be the basis for a DUI charge. This is the only part of Illinois DUI law that permits a charge of driving while under the influence – even if there is no evidence that the person was impaired or intoxicated.

The most commonly cited example of the law is the person who may have smoked marijuana days or weeks earlier and then is stopped for a minor moving violation or as a result of an accident. If the officer has any reason to believe that the person had smoked marijuana at some point, the officer may seek testing. Often the situation arises in the case of an accident where the person was injured, taken to a hospital and testing is conducted, revealing the presence of a by-product of marijuana, called a ‘metabolite’.

The most recent example of the absurdity of the law is the case of Scott Shirey. In December 2011, Mr. Shirey was driving with his two young twin sons in his car. While driving, he was broad-sided by another vehicle and one of his children was killed and his old child was severely injured.

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Former West Harvey-Dixmoor Elementary District 147 Superintendent, Alex Boyd Jr., 67, was sentenced to two years probation after pleading guilty to two counts of official misconduct for stealing $78,000. Boyd was originally charged with 20 felony counts of theft and official misconduct. He was accused of stealing approximately $500,000 by making unauthorized purchases and withdrawals from a school district-funded life insurance policy, receiving unauthorized cash to purchase a tax-exempt annuity, and being paid for vacation and sick days that he did not have. Boyd’s defense attorneys contended that his actions were permitted under his contract with the school district. Felony charges were also filed against former board secretary Mable Chapman alleging that she helped Boyd steal from the district. Today, those charges were dropped.

The investigation regarding Boyd’s actions started in 2005, when the Chicago Tribune reported school board members spent $100,000 on travel and restaurants. It was later discovered that the district could not account for or misspent $2.2 million dollars in grant money. The state’s attorney then seized the district’s financial records and searched Boyd’s home.

In Boyd’s final years as superintendent, he was paid a salary of approximately $250,000. He retired in 2011 and was given a $192,000 a year pension, which is the fifth highest pension for a retiring public school teacher or administrator in Illinois.

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Authorities announced today that a former McHenry County police officer, Ryszard Kopacz, of Wauconda, faces new felony charges for selling drugs while on duty. Kopacz, 30, was arrested days after beginning his job with the Richmond Police Department. He was charged with official misconduct, burglary, and possession of stolen guns.

When Kopacz was first charged in July, he was accused of going door to door in his police uniform, soliciting prescription drugs from elderly residents. Kopacz was also charged with burglarizing the Hebron Police Department, his previous employer, and possessing two stolen rifles.

As of today, Kopacz can add five additional counts of official misconduct to the list. He is accused of delivering marijuana on four separate occasions, between February and June, to an informant while “acting in his official capacity” as a Hebron police officer. He is also now charged with unlawful acquisition of a controlled substance based on the allegation that he obtained hydrocodone through “misrepresentation, deception or subterfuge.”

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A new Illinois law eliminates the requirement that drivers post their license as bail for certain traffic tickets. The “Sign and Drive” law (Senate Bill 2583) permits the driver’s signature on the traffic citation to guarantee their appearance in court or payment of required fines.

Under the new law, the Secretary of State may still suspend the driving privileges of those drivers who fail to comply with the citation. Driver’s are no longer required to hand over their driver’s license, which for many is the only form of identification they carry. The new law, signed by Gov. Quinn on Saturday, is effective immediately.

Drivers won’t need to hand over license as bail for traffic offenses, www.chicagotribune.com, August 10, 2014

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A Highland Park doctor faces allegations of issuing a fake medical cannabis eligibility form to a 79-year old patient. According to the Illinois Department of Financial and Professional Regulation, Dr. Joseph Starkman met with the patient for 35 minutes and promised to mail him a certificate for use at an Illinois licensed cannabis dispensary based on a previous glaucoma diagnosis.

Starkman did not perform an eye exam on the patient according to officials and was allegedly paid $250 by the patient for his services. In reality, physician certificate forms are not available yet and Illinois-license physicians are not legally able to certify patients for the purchase of cannabis. No licenses have been issued for growing or dispensing cannabis in Illinois. Starkman faces a possible license revocation, suspension, fine or probation.

Doctor could lose license over fake cannabis eligibility form, www.chicagotribune.com, July 28, 2014

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ABC 7’s I-Team investigated the TVDL application process whereby undocumented immigrants can apply for an Illinois driver’s license. According to the story, there are reports of “appointments-for-sale” schemes targeting these individuals.

All applicants are required to schedule an appointment with the Secretary of State. Due to extremely high demand, appointments are not readily available. Applicants are frequently unable to get through by phone or online. An official at the Secretary of State’s office estimates that between 250,000 and 500,000 illegal immigrants are interested in applying for a TVDL. Approximately 90,000 people have either already applied or are scheduled for an appointment. The Secretary of State estimates that it may take three years to work through the pool of applicants.

The Illinois Attorney General’s office is reportedly investigation complaints of driving schools charging undocumented immigrants to obtain an appointment. Would-be applicants are allegedly paying hundreds of dollars to individuals promising to obtain appointments on their behalf. The Secretary of State and Attorney General are asking for any information relating to the sale of TVDL appointments.

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The Joint Committee on Administrative Rules (JCAR) meets today in Chicago to discuss the rules governing the Illinois Medical Cannabis Pilot Program. The law has been passed, but patients are still unable to legally use the drug.

If JCAR has no objections to the proposed rules, growers, retailers and patients will be able to begin the application process. Patients are expected to be able to apply for a registry identification card beginning in September. Applications for growers are expected to be released around the same time. State officials will then begin the process of granting permits for growers and dispensaries. 60 permits are available for dispensaries, and 21 permits are available for cultivation centers. A nonrefundable application for of $5,000 for dispensaries and $25,000 for cultivation centers will be imposed by the state. If approved, the dispensary registration fee is $30,000, while the growers permit fee is $200,000.

Approved patients are expected to begin using medical marijuana early next year. The Marijuana Policy Project estimates that about 10,000 people will become registered patients. There are still concerns about the impact of the new law on cannabis-related DUI throughout Illinois.

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