Illinois Must Add PTSD To Medical Marijuana List, Judge Rules
By Stephen Gossett in News on Jun 29, 2016 4:07PM
Illinois must add post-traumatic stress disorder to the list of afflictions eligible for medical marijuana treatment, a Cook County judge ruled on Tuesday.
The Medical Cannabis Advisory Board had already unanimously approved the addition of PTSD to the list, but Illinois Department of Public Health Director Nirav Shah stalled by initiating his own investigation and determining PTSD ineligible.
That didn't fly with Judge Neil Cohen, who called Shah out for balking:
"The Director's legal duty was to review the evidence, review the advisory board's recommendations based thereon and render a final decision accepting or denying the proposal. Instead, Director Shah engaged in a private investigation, hidden from public view and more importantly, hidden from the parties, and arrived at his conclusion based thereon. This process was constitutionally inappropriate."
Illinois has 30 days to add PTSD to the list of qualifying conditions, the judge ruled. A follow-up hearing will take place to ensure the standard has been met.
The case was filed by military veteran Daniel Paul Jabs. "He feels this decision gives him and other military veterans suffering from PTSD the respect they deserve from the state and the governor's office," attorney Michael Goldberg said Tuesday, according to the AP.
Similar lawsuits have been filed in Illinois related to other conditions, including chronic post-operative pain, migraines, irritable bowel syndrome, polycystic kidney disease, osteoarthritis, intractable pain and autism, the AP reports.
Gov. Bruce Rauner had previously opposed expansions to the Medical Cannabis Pilot Program, which began under former Gov. Pat Quinn. But last month Rauner reportedly agreed to a compromise with lawmakers that would extend the program to July 1, 2020 and add PTSD and terminal illness as qualifying conditions, among other provisions.
So it may all be beside the point soon. But still, good on the judge for doing the right thing and also administering a pretty delicious smackdown.