Politics
What the ComEd trial guilty verdicts means for Illinois politics

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The fallout from bribery convictions against four former Commonwealth Edison executives and lobbyists may take months or maybe years to sort out, but a federal jury appeared to make a forceful statement with its verdicts.
It strongly disliked how Springfield does business.
The outcome of the seven-week trial of former ComEd CEO Anne Pramaggiore and former company lobbyists Michael McClain, John Hooker and Jay Doherty — convictions for all four — is certain to impact the racketeering and bribery trial next year of one-time House Speaker Michael Madigan.
The evidence of how those former ComEd officials bribed Madigan — roughly 140 secretly taped audio and video recordings, testimony from a government mole and about three dozen witnesses for the prosecution — underwent an important legal stress test in this trial in putting the ex-speaker in an ugly light.
Portions of that same evidence could be reused in the Madigan trial since part of the case involves the ComEd bribery storyline. A juror on Tuesday evening said that the group saw Madigan at the center of the entire scheme.
“Our perception was that he really did cause this all to happen,” said juror Amanda Schnitker Sayers, a veterinarian from Logan Square. “If it wouldn’t [have] been for him, then these people would not have been in [a] position that they would need to commit crimes in the first place.”
The guilty verdicts in the current case also could ignite new ethics reforms at the statehouse Madigan once commanded. As Illinois history shows, major criminal cases or ethical scandals almost always have forced change.
A federal corruption case that touched former Gov. Jim Edgar’s administration, for example, led to bans on lobbyist gifts and the personal use of campaign funds by state officials. Former Gov. George Ryan’s downfall triggered the creation of state inspectors general and ethics commissions.
And the federal case against former Gov. Rod Blagojevich that culminated with his impeachment, conviction and imprisonment helped drive caps on contributions and a voter-approved change to the state Constitution to allow for the recall of governors.
Madigan is among 12 current or former House and Senate members to face federal charges in the past decade, making the value of all of those past legislative ethics dances a genuinely arguable point.
Ashlee Rezin
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Chicago Sun Times Former Speaker of the House Michael Madigan at his Southwest Side home, March 2, 2022
Reaction from the ruling Democrats in Springfield to the convictions was swift, but devoid of any need for further reform. Illinois Senate President Don Harmon, an Oak Park Democrat issued this terse statement:
“The behavior brought to light and put on display at this trial was shockingly gluttonous and unhealthy to democracy. We’ve taken concrete steps to discourage bad behavior. But most importantly, I believe we have people committed to behaving better.”
And while Republicans at the statehouse may see corruption as a persistent problem, they don’t have the power to make major change.
“We have had an opportunity to tackle ethics in our statehouse for years,” said House Republican leader Tony McCombie in a statement Tuesday. “This should not have been the first step to rooting out corruption in Illinois, but after today, it is clear there must be a sense of urgency in bringing back the people’s trust in state government.”
Indeed, how far legislators are willing to invest in new ethical soul-searching this time worries reformers like Joe Ferguson, Chicago’s former inspector general. He says Illinois is ripe for ethics reforms — if only someone would do something.
“Here we are, after what is an extraordinarily dramatic trial, and it’s been crickets,” said Ferguson, a former federal prosecutor now weighing a possible run for Cook County state’s attorney. “It is abundantly clear from what has played out at this trial and what we have all learned, this is not the way we should be governed.”
Ferguson has ideas.
He advocates creation of a statewide grand jury under the attorney general to explore public corruption cases, tightened conflict of interest laws, broadened revolving-door restraints to slow retiring legislators from becoming lobbyists, and a review of why ex-legislators like McClain can continue drawing state pensions despite felony convictions.
Tyler Pasciak LaRiviere
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Chicago Sun Times Madigan confidant Michael McClain, left, leaves the Dirksen Federal Courthouse after being found guilty of bribery conspiracy.
Past fruitless reform
The clock is winding down on the General Assembly’s spring session, which is scheduled to adjourn on May 19th, and Democratic leadership has been neither vocal nor specific about tightening state ethics or laws any further.
A spokesman for second-term Democratic Gov. JB Pritzker said he believes “we must restore the public’s trust in government, and he will continue to work with the General Assembly to ensure that those who violate that trust are held accountable.”
The governor’s office pointed to his enactment of ethics laws that required lobbyists to identify consultants they hire and that mandated additional lobbyist disclosures. He also put his signature on a clean-energy package in 2021 that contained ethics reforms arising from the 2020 deferred prosecution agreement ComEd entered into with the Justice Department.
In that agreement, ComEd acknowledged the broad outlines of the bribery scheme that first toppled Madigan from power and, now, led to convictions of the four former company executives and lobbyists. Under the deferred prosecution agreement, ComEd pledged to cooperate with the feds in later prosecutions and agreed to pay a $200 million fine. In exchange, a federal bribery charge against ComEd for its lobbying misdeeds was set aside.
One ethics provision within the clean-energy package Pritzker’s office cited was a first-time requirement that lawmakers and state officials disclose on their annual state financial disclosure forms whether spouses or other immediate family members worked for utility companies.
But so far, that change has proven to be a rather fruitless endeavor.
In the requirement’s first full year of implementation, a WBEZ analysis of state economic interest statements found that 174 out of 177 lawmakers whose forms were available online did not identify anyone in their families who was employed by public utilities. Statements for three other lawmakers were not available online for review.
To go a step further, of the dozens and dozens of job applicants Madigan and his surrogates allegedly pressured ComEd to hire, none were the ex-speaker’s wife or immediate family members. Instead, prosecutors showed some of those whom Madigan allegedly wanted ComEd to employ were political allies or friends of political friends, including former aldermen, an ex-legislator and some of his most productive 13th Ward precinct captains.
Madigan resigned before the new disclosure requirement was in place. But had he operated under it, he wouldn’t have had to publicly report any of those people.
While criminalizing job recommendations from legislators may not be a viable option, Ferguson suggests changing state law to require each clout-heavy job applicant pushed by a lawmaker be entered into a publicly available log “so everyone knows what legislators are doing.”
Tyler Pasciak LaRiviere
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Chicago Sun Times Onetime City Club President Jay Doherty, left, leaves the Dirksen Federal Courthouse after being found guilty of bribery conspiracy.
How lobbying could be affected
If the now-concluded bribery trial portrayed Madigan as the requester of favors, ComEd’s lobbying team was shown to be the go-along-to-get-along provider of them.
McClain, who once presided over Springfield’s bluest of blue-chip lobbying portfolios, repeatedly told colleagues in emails and intercepted calls presented at trial that the only “client” of his who mattered was the speaker. And when it came to handling Madigan’s requests for favors, McClain said his mantra was to “drop everything and get it done.”
In one wiretapped conversation, McClain and Hooker acknowledged it was their brainchild to steer Madigan-connected, no-work subcontractors to Doherty and his lobbying firm, to whom ComEd would funnel payments to keep the ghosts off the company’s official ledgers.
The state Lobbyist Registration Act, which is largely administered by the secretary of state’s office, mandates ethics training for lobbyists, and state records show McClain, Hooker, Doherty and Pramaggiore completed those courses at various times.
Anthony Vazquez
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Chicago Sun Times Former ComEd CEO Anne Pramaggiore leaves the Dirksen Federal Courthouse after being found guilty of bribery conspiracy.
But whatever they learned didn’t avert the misconduct seen by jurors at trial.
The state lobbyist law is silent on what constitutes improper ethical conduct, outside of sexual harassment. It addresses things like when and how lobbyists have to register with the state, what happens if they don’t comply and how they have to report lobbying expenditures.
Not surprisingly, lobbyists rarely face sanctions from the state.
Annual reports from the secretary of state’s inspector general’s office documented eight complaints in 2019 for “improper lobbying activity,” eight in 2020 and another six in 2021. Most wound up being resolved without fines or other sanctions.
The exception was a 2021 sexual harassment case involving a lobbyist for Exelon, ComEd’s corporate parent. In that instance, which didn’t arise during the ComEd trial, the state Executive Ethics Commission imposed $6,000 in fines against that lobbyist and suspended his lobbyist registration. Those steps came after he had already been terminated by Exelon.
The government’s case against the former ComEd defendants put several currently registered lobbyists in the thick of the scheme to shower favors upon Madigan. They weren’t charged with wrongdoing by the Justice Department, and Acting U.S. Attorney Morris Pasqual declined to comment when asked why some named in the case avoided charges.
Those who surfaced in this trial but haven’t been charged include former Madigan fundraiser Victor Reyes. The ex-speaker and McClain demanded that ComEd hire Reyes’ law firm and give it a guaranteed allotment of hours, even though the chief lawyer at the power company testified there wasn’t enough work for Reyes to meet the specified hourly threshold for which Madigan bargained.
Former state Rep. John Bradley, D-Marion, and former Madigan staffer and political operative Shaw Decremer, both of whom also still lobby in Springfield, also are among the uncharged whose names popped up in the bribery trial. They were paid by ComEd, like Doherty, to employ no-work subcontractors from Madigan’s political organization.
It’s not clear existing state ethics laws would apply in any way to those individuals or restrict their abilities to lobby.
Anthony Vazquez
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Chicago Sun Times Ex-ComEd lobbyist John Hooker (left) leaves the Dirksen Federal Courthouse after being found guilty of bribery conspiracy.
The arcane “ethical principles for legislators” law
Whether Madigan himself engaged in criminal activity with his employment-related wheeling-and-dealing will be decided by another jury, in a trial that’s scheduled next April.
But what prosecutors attempted to show over and over again in this current trial is that Madigan engaged in a clear-cut conflict of interest. Prosecutors presented a flurry of back-and-forth emails and recordings to show that Madigan repeatedly pushed resumes on ComEd while it sought approval for legislation that brought the company back from bankruptcy. As the company filled the speaker’s requests, its legislation moved.
Federal prosecutor Diane MacArthur put it this way. “Madigan wanted, ComEd gave, and ComEd got,” she said.
To govern such possible conflicts of interest, one can go digging in the state statute books and settle in on the arcanely identified, permissively-worded section of law known officially as 5 ILCS 420/Article 3, Part 2. In all-capital letters, it’s titled: “ETHICAL PRINCIPLES FOR LEGISLATORS.”
It says “a legislator should avoid accepting or retaining an economic opportunity which presents a substantial threat to his independence of judgment.”
If a lawmaker has a conflict of interest, the law further reads, “he should consider the possibility of eliminating the interest creating the conflict situation. If that is not feasible, he should consider the possibility of abstaining from such official action.”
And then there’s this: If a conflicted legislator decides to take official action anyway, “he should serve the public interest and not the interest of any person.”
But true to form in corruption-stricken Illinois, this section of law is missing something that jurors just dished out on their own in sobering fashion: consequences.
If a legislator like the once-powerful speaker of the House chooses to ignore these “ETHICAL PRINCIPLES,” there are no penalties — and Ferguson believes that should change.
As state law now dictates, these high-minded hallmarks of good behavior “are intended only as guides to legislator conduct and not as rules meant to be enforced by disciplinary action.”
Chicago Sun-Times’ Jon Seidel contributed.
Dave McKinney covers Illinois politics for WBEZ and was the Chicago Sun-Times long-time Springfield bureau chief.
Correction: This story has been updated to correct the number of economic interest statements filed by Illinois state legislators.
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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.
Brian Munoz
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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.
One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”
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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.
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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.
Dilpreet Raju
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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.
No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
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