Special Condition from SAMHSA Affects Some IDHS/DMH Grant Agreements

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.