IL Courts Push For Unprecedented Med Cann Expansion

The action continues for the Illinois Medical Cannabis Program, with courts stepping in to push the program to add new medical conditions.

Not since Arizona’s administrative judge forced the government to add PTSD has the judiciary weighed in so heavily on the expansion of a medical cannabis program.

Let’s recap:

  1. PTSD – We covered that here and we are still waiting to hear if IDPH will appeal the ruling.  We’ll know more in the next few days.  Since SB10 (already signed into law by the Governor) added PTSD, the question of whether to appeal raises bigger issues for IDPH (such as executive power, and what the ruling means for other pending patient lawsuits like for intractable pain).
  2. Migraines – last week Judge Novak ruled that migraines, too, were inappropriately denied by IDPH.  Unlike with PTSD, Novak reversed the denial but remanded the case – sending it back to IDPH to consider this specific condition.
  3. Irritable Bowel Syndrome (IBS) – Judge Demacooulous today ruled in a similar way as migraines, sending the condition back to IDPH for a new review.

Between these three decisions, we now have a template for the remaining patient-condition cases.  Judge Cohen is likely to rule in the same way for a) chronic post-operative pain and b) osteoarthritis as he did for PTSD.  The other judges are likely to reverse and the remand the cases (intractable pain, autism, Polycystic Kidney Disease)- shipping them back to IDPH for a new review.

What’s next?

You should expect the next news to be whether IDPH appeals the Cohen/PTSD decision.

If they do not, there is a much better chance that osteoarthritis and chronic post-operative pain are coming soon to a medical cannabis program near you.  If they appeal, all the conditions could be put on hold while the litigation plays out.

Either way, PTSD is here for good (as is terminal illnesses).

Keep your seatbelts on, campers – this ride ain’t over yet.

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    […] covered the continuing lawsuits from patients trying to add new conditions in Illinois.  Currently, Chronic Post-Operative Pain […]

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