The Illinois Department of Human Services, Division Mental Health (IDHS/DMH) has received notice of an additional special condition that is associated with each grant awarded to IDHS/DMH from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA). The below additional special condition is applicable to the Mental Health Block Grant (MHBG) and each discretionary grant awarded to IDHS/DMH from SAMHSA. Our sister Division of Substance Use Prevention and Recovery(SUPR) is also affected by this requirement, therefore funded providers may receive a separate communication from SUPR.
IDHS/DMH is required to submit a statement that attests to compliance with the following statement as a condition of continued SAMHSA funding:
Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana
or treatment using marijuana. Treatment in this context includes the treatment of opioid use
disorder. Grant funds also cannot be provided to any individual who or organization that
provides or permits marijuana use for the purposes of treating substance use or mental
disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to "ensure that Federal funding is
expended . . . in full accordance with U.S. statutory . . . requirements."); 21 U.S.C. §§
812(c) (10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of
marijuana). This prohibition does not apply to those providing such treatment in the context of
clinical research permitted by the DEA and under an FDA-approved investigational new drug
application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.
As indicated in the above statement, not only IDHS/DMH but also any organization that receives funds supported through a SAMHSA grant administered by our Division is expected to comply with this special condition. We are in the process of amending all affected SFY20 grant agreements and contracts that are wholly or in part supported through SAMHSA grants awarded to our Division, effective upon the execution date of the grant agreement or contract, to include the following language:
Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana
or treatment using marijuana. Treatment in this context includes the treatment of opioid use
disorder. Grant funds also cannot be provided to any individual who or organization that
provides or permits marijuana use for the purposes of treating substance use or mental
disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to "ensure that Federal funding is
expended . . . in full accordance with U.S. statutory . . . requirements."); 21 U.S.C. §§
812(c) (10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of
marijuana). This prohibition does not apply to those providing such treatment in the context of
clinical research permitted by the DEA and under an FDA-approved investigational new drug
application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.
The following IDHS/DMH grants are impacted by this requirement and a formal amendment will be processed to make the necessary language changes:
510 - FEPP - First Episode Psychosis Presentation
510 - FCHR
510 - FPBH
520 - Title XX Donated Funds Initiative
575 - PATH
820 - Supported Residential
830 - Supervised Residential
860 - Crisis Residential
This requirement does not reflect the position of Governor JB Pritzker, Secretary Grace B. Hou, or Director Diana Knaebe, but rather that of the federal government. If you have any questions about complying with this requirement, you may send them to your designated program contact. IDHS/DMH will forward your questions to SAMHSA, but we have not been given a timeline for responses.
