Illinois Appellate Court
Civil Court
Administrative Review
Director of Department of Public Health denied Plaintiff's petition to add chronic post-operative pain as a "debilitating medical condition" under Compassionate Use of Medical Cannabis Pilot Program Act. Director failed to follow Department rules when rendering his decision. Rules do not allow Director to use heightened standard of which Plaintiff was unaware or Director's own research that was not presented at hearing. Director erred in determining that "there is not substantial evidence from adequate, well-controlled clinical trials to support use of cannabis", as Rule does not mandate such evidence. (HARRIS and MIKVA, concurring.)