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Public Act 104-0819
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| SB3322 Enrolled | LRB104 17631 BAB 31062 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is |
amended by changing Section 201 as follows:
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(720 ILCS 570/201) (from Ch. 56 1/2, par. 1201) |
Sec. 201. (a) The Department shall carry out the |
provisions of this Article. The Department or its successor |
agency may, by administrative rule, add additional substances |
to or delete or reschedule all controlled substances in the |
Schedules of Sections 204, 206, 208, 210 and 212 of this Act. |
In making a determination regarding the addition, deletion, or |
rescheduling of a substance, the Department shall consider the |
following: |
(1) the actual or relative potential for misuse; |
(2) the scientific evidence of its pharmacological |
effect, if known; |
(3) the state of current scientific knowledge |
regarding the substance; |
(4) the history and current pattern of misuse; |
(5) the scope, duration, and significance of misuse; |
(6) the risk to the public health; |
(7) the potential of the substance to produce |
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psychological or physiological dependence or a substance |
use disorder; |
(8) whether the substance is an immediate precursor of |
a substance already controlled under this Article; |
(9) the immediate harmful effect in terms of |
potentially fatal dosage; and |
(10) the long-range effects in terms of permanent |
health impairment. |
(b) (Blank). |
(c) (Blank). |
(d) If any substance is scheduled, rescheduled, or deleted |
as a controlled substance under Federal law and notice thereof |
is given to the Department, the Department shall similarly |
control the substance under this Act after the expiration of |
30 days from publication in the Federal Register of a final |
order scheduling a substance as a controlled substance or |
rescheduling or deleting a substance. If the Department does |
not take action within 30 days, at the conclusion of the 30-day |
period the substance shall be considered scheduled, |
rescheduled, or deleted in the same manner as the federal law, |
unless within that 30-day 30 day period the Department |
objects, or a party adversely affected files with the |
Department substantial written objections objecting to |
inclusion, rescheduling, or deletion. In that case, the |
Department shall publish the reasons for objection or the |
substantial written objections and afford all interested |
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parties an opportunity to be heard in a public hearing to be |
held no later than 45 days after the statement of objection. |
After At the public conclusion of the hearing, the Department |
shall publish its decision within 14 days of the conclusion of |
the public hearing, by means of a rule, which shall be final |
unless altered by statute. Upon publication of objections by |
the Department, similar control under this Act whether by |
inclusion, rescheduling or deletion is stayed until the |
Department publishes its ruling. |
(e) (Blank). |
(f) (Blank). |
(g) Authority to control under this Section does not |
extend to distilled spirits, wine, malt beverages, or tobacco |
as those terms are defined or used in the Liquor Control Act of |
1934 and the Tobacco Products Tax Act of 1995. |
(h) Persons registered with the Drug Enforcement |
Administration to manufacture or distribute controlled |
substances shall maintain adequate security and provide |
effective controls and procedures to guard against theft and |
diversion, but shall not otherwise be required to meet the |
physical security control requirements (such as cage or vault) |
for Schedule V controlled substances containing |
pseudoephedrine or Schedule II controlled substances |
containing dextromethorphan. |
(Source: P.A. 103-881, eff. 1-1-25.)
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Section 99. Effective date. This Act takes effect upon |