Cook County Judge Orders Expansion of Illinois Medical Marijuana to Include Post-Operative Chronic Pain

illinoisThis week, a Chicago judge made another important ruling for medical marijuana in this state.

Cook County Judge Neil Cohen issued a ruling that requires the Illinois Department of Public Health (IDPH) to add Post-Operative Chronic Pain to its list of conditions for which medical marijuana can be prescribed. In fact, it’s the second time this year that Judge Cohen has ordered the IDPH to add a condition to that list. In June, he ordered Illinois to authorize Medical Marijuana for treatment of post traumatic stress disorder (PTSD), an Order that was later codified when Governor Rauner signed SB10.

This latest ruling seems to be in line with an overall trend in Illinois of embracing the medical benefits of marijuana and relaxing the criminal consequences of recreational Marijuana use. Although full legalization does not seem to be coming any time in the near future, these two recent expansions of the medical marijuana laws combined with recent efforts to decriminalize possession in small amounts indicates that Illinois is following the national trend toward tolerance.

It also appears that we might see rulings on other disorders in the near future.  Specifically, there are currently cases pending in Cook County that seek to add migraine headaches, irritable bowel syndrome (IBS), polycystic kidney disease (PKD), osteoarthritis, intractable pain, and autism to the list of qualifying conditions.  Notably, Judge Cohen, who presided over the PTSD case and the Post Operative Chronic Pain case, is the Judge presiding over the Osteoarthritis case pending in the Chancery Division.

Other states have received criticism for supporting measures for medical marijuana that are broad enough to include use for chronic pain, but sufferers will be happy to hear that there are other avenues of relief available to them. Post-operative chronic pain is also a condition that advocates of medical marijuana have been hoping would receive approval for some time.

We’ve covered medical marijuana in the past, specifically its relation to DUI law and the things you should know in regards to your rights. It’s an important topic that will become more prominent as more developments like this occur throughout the state and throughout the country.  It is important to stay informed about this area of law, so please stay tuned to the LauraLaw blog for continuing coverage of the developments in this and other important areas of law. As always, if you have any questions about how these changes in the law affect you, or if you have been arrested for a case involving marijuana, do not hesitate to contact us; one of our skilled team members will be happy to assist you.


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