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91_HB1278enr
HB1278 Enrolled LRB9101304RCksB
1 AN ACT in relation to controlled substances.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Controlled Substances Act is
5 amended by changing Sections 102, 401, and 401.5 as follows:
6 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
7 Sec. 102. Definitions. As used in this Act, unless the
8 context otherwise requires:
9 (a) "Addict" means any person who habitually uses any
10 drug, chemical, substance or dangerous drug other than
11 alcohol so as to endanger the public morals, health, safety
12 or welfare or who is so far addicted to the use of a
13 dangerous drug or controlled substance other than alcohol as
14 to have lost the power of self control with reference to his
15 addiction.
16 (b) "Administer" means the direct application of a
17 controlled substance, whether by injection, inhalation,
18 ingestion, or any other means, to the body of a patient or
19 research subject by:
20 (1) a practitioner (or, in his presence, by his
21 authorized agent), or
22 (2) the patient or research subject at the lawful
23 direction of the practitioner.
24 (c) "Agent" means an authorized person who acts on
25 behalf of or at the direction of a manufacturer, distributor,
26 or dispenser. It does not include a common or contract
27 carrier, public warehouseman or employee of the carrier or
28 warehouseman.
29 (c-1) "Anabolic Steroids" means any drug or hormonal
30 substance, chemically and pharmacologically related to
31 testosterone (other than estrogens, progestins, and
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1 corticosteroids) that promotes muscle growth, and includes:
2 (i) boldenone,
3 (ii) chlorotestosterone,
4 (iii) chostebol,
5 (iv) dehydrochlormethyltestosterone,
6 (v) dihydrotestosterone,
7 (vi) drostanolone,
8 (vii) ethylestrenol,
9 (viii) fluoxymesterone,
10 (ix) formebulone,
11 (x) mesterolone,
12 (xi) methandienone,
13 (xii) methandranone,
14 (xiii) methandriol,
15 (xiv) methandrostenolone,
16 (xv) methenolone,
17 (xvi) methyltestosterone,
18 (xvii) mibolerone,
19 (xviii) nandrolone,
20 (xix) norethandrolone,
21 (xx) oxandrolone,
22 (xxi) oxymesterone,
23 (xxii) oxymetholone,
24 (xxiii) stanolone,
25 (xxiv) stanozolol,
26 (xxv) testolactone,
27 (xxvi) testosterone,
28 (xxvii) trenbolone, and
29 (xxviii) any salt, ester, or isomer of a drug
30 or substance described or listed in this paragraph,
31 if that salt, ester, or isomer promotes muscle
32 growth.
33 Any person who is otherwise lawfully in possession of an
34 anabolic steroid, or who otherwise lawfully manufactures,
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1 distributes, dispenses, delivers, or possesses with intent to
2 deliver an anabolic steroid, which anabolic steroid is
3 expressly intended for and lawfully allowed to be
4 administered through implants to livestock or other nonhuman
5 species, and which is approved by the Secretary of Health and
6 Human Services for such administration, and which the person
7 intends to administer or have administered through such
8 implants, shall not be considered to be in unauthorized
9 possession or to unlawfully manufacture, distribute,
10 dispense, deliver, or possess with intent to deliver such
11 anabolic steroid for purposes of this Act.
12 (d) "Administration" means the Drug Enforcement
13 Administration, United States Department of Justice, or its
14 successor agency.
15 (e) "Control" means to add a drug or other substance, or
16 immediate precursor, to a Schedule under Article II of this
17 Act whether by transfer from another Schedule or otherwise.
18 (f) "Controlled Substance" means a drug, substance, or
19 immediate precursor in the Schedules of Article II of this
20 Act.
21 (g) "Counterfeit substance" means a controlled
22 substance, which, or the container or labeling of which,
23 without authorization bears the trademark, trade name, or
24 other identifying mark, imprint, number or device, or any
25 likeness thereof, of a manufacturer, distributor, or
26 dispenser other than the person who in fact manufactured,
27 distributed, or dispensed the substance.
28 (h) "Deliver" or "delivery" means the actual,
29 constructive or attempted transfer of possession of a
30 controlled substance, with or without consideration, whether
31 or not there is an agency relationship.
32 (i) "Department" means the Illinois Department of Human
33 Services (as successor to the Department of Alcoholism and
34 Substance Abuse) or its successor agency.
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1 (j) "Department of State Police" means the Department of
2 State Police of the State of Illinois or its successor
3 agency.
4 (k) "Department of Corrections" means the Department of
5 Corrections of the State of Illinois or its successor agency.
6 (l) "Department of Professional Regulation" means the
7 Department of Professional Regulation of the State of
8 Illinois or its successor agency.
9 (m) "Depressant" or "stimulant substance" means:
10 (1) a drug which contains any quantity of (i)
11 barbituric acid or any of the salts of barbituric acid
12 which has been designated as habit forming under section
13 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
14 U.S.C. 352 (d)); or
15 (2) a drug which contains any quantity of (i)
16 amphetamine or methamphetamine and any of their optical
17 isomers; (ii) any salt of amphetamine or methamphetamine
18 or any salt of an optical isomer of amphetamine; or (iii)
19 any substance which the Department, after investigation,
20 has found to be, and by rule designated as, habit forming
21 because of its depressant or stimulant effect on the
22 central nervous system; or
23 (3) lysergic acid diethylamide; or
24 (4) any drug which contains any quantity of a
25 substance which the Department, after investigation, has
26 found to have, and by rule designated as having, a
27 potential for abuse because of its depressant or
28 stimulant effect on the central nervous system or its
29 hallucinogenic effect.
30 (n) "Designated product" means any narcotic drug,
31 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
32 pentazocine or cannabis product listed in Schedule II and
33 also means a controlled substance listed in Schedule II which
34 is determined and designated by the Department or its
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1 successor agency to be such a product. A designated product
2 shall only be dispensed upon an official prescription blank.
3 (o) "Director" means the Director of the Department of
4 State Police or the Department of Professional Regulation or
5 his designated agents.
6 (p) "Dispense" means to deliver a controlled substance
7 to an ultimate user or research subject by or pursuant to the
8 lawful order of a prescriber, including the prescribing,
9 administering, packaging, labeling, or compounding necessary
10 to prepare the substance for that delivery.
11 (q) "Dispenser" means a practitioner who dispenses.
12 (r) "Distribute" means to deliver, other than by
13 administering or dispensing, a controlled substance.
14 (s) "Distributor" means a person who distributes.
15 (t) "Drug" means (1) substances recognized as drugs in
16 the official United States Pharmacopoeia, Official
17 Homeopathic Pharmacopoeia of the United States, or official
18 National Formulary, or any supplement to any of them; (2)
19 substances intended for use in diagnosis, cure, mitigation,
20 treatment, or prevention of disease in man or animals; (3)
21 substances (other than food) intended to affect the structure
22 of any function of the body of man or animals and (4)
23 substances intended for use as a component of any article
24 specified in clause (1), (2), or (3) of this subsection. It
25 does not include devices or their components, parts, or
26 accessories.
27 (u) "Good faith" means the prescribing or dispensing of
28 a controlled substance by a practitioner in the regular
29 course of professional treatment to or for any person who is
30 under his treatment for a pathology or condition other than
31 that individual's physical or psychological dependence upon
32 or addiction to a controlled substance, except as provided
33 herein: and application of the term to a pharmacist shall
34 mean the dispensing of a controlled substance pursuant to the
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1 prescriber's order which in the professional judgment of the
2 pharmacist is lawful. The pharmacist shall be guided by
3 accepted professional standards including, but not limited to
4 the following, in making the judgment:
5 (1) lack of consistency of doctor-patient
6 relationship,
7 (2) frequency of prescriptions for same drug by one
8 prescriber for large numbers of patients,
9 (3) quantities beyond those normally prescribed,
10 (4) unusual dosages,
11 (5) unusual geographic distances between patient,
12 pharmacist and prescriber,
13 (6) consistent prescribing of habit-forming drugs.
14 (u-1) "Home infusion services" means services provided
15 by a pharmacy in compounding solutions for direct
16 administration to a patient in a private residence, long-term
17 care facility, or hospice setting by means of parenteral,
18 intravenous, intramuscular, subcutaneous, or intraspinal
19 infusion.
20 (v) "Immediate precursor" means a substance:
21 (1) which the Department has found to be and by
22 rule designated as being a principal compound used, or
23 produced primarily for use, in the manufacture of a
24 controlled substance;
25 (2) which is an immediate chemical intermediary
26 used or likely to be used in the manufacture of such
27 controlled substance; and
28 (3) the control of which is necessary to prevent,
29 curtail or limit the manufacture of such controlled
30 substance.
31 (w) "Instructional activities" means the acts of
32 teaching, educating or instructing by practitioners using
33 controlled substances within educational facilities approved
34 by the State Board of Education or its successor agency.
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1 (x) "Local authorities" means a duly organized State,
2 County or Municipal peace unit or police force.
3 (y) "Look-alike substance" means a substance, other than
4 a controlled substance which (1) by overall dosage unit
5 appearance, including shape, color, size, markings or lack
6 thereof, taste, consistency, or any other identifying
7 physical characteristic of the substance, would lead a
8 reasonable person to believe that the substance is a
9 controlled substance, or (2) is expressly or impliedly
10 represented to be a controlled substance or is distributed
11 under circumstances which would lead a reasonable person to
12 believe that the substance is a controlled substance. For the
13 purpose of determining whether the representations made or
14 the circumstances of the distribution would lead a reasonable
15 person to believe the substance to be a controlled substance
16 under this clause (2) of subsection (y), the court or other
17 authority may consider the following factors in addition to
18 any other factor that may be relevant:
19 (a) statements made by the owner or person in
20 control of the substance concerning its nature, use or
21 effect;
22 (b) statements made to the buyer or recipient that
23 the substance may be resold for profit;
24 (c) whether the substance is packaged in a manner
25 normally used for the illegal distribution of controlled
26 substances;
27 (d) whether the distribution or attempted
28 distribution included an exchange of or demand for money
29 or other property as consideration, and whether the
30 amount of the consideration was substantially greater
31 than the reasonable retail market value of the substance.
32 Clause (1) of this subsection (y) shall not apply to a
33 noncontrolled substance in its finished dosage form that was
34 initially introduced into commerce prior to the initial
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1 introduction into commerce of a controlled substance in its
2 finished dosage form which it may substantially resemble.
3 Nothing in this subsection (y) prohibits the dispensing
4 or distributing of noncontrolled substances by persons
5 authorized to dispense and distribute controlled substances
6 under this Act, provided that such action would be deemed to
7 be carried out in good faith under subsection (u) if the
8 substances involved were controlled substances.
9 Nothing in this subsection (y) or in this Act prohibits
10 the manufacture, preparation, propagation, compounding,
11 processing, packaging, advertising or distribution of a drug
12 or drugs by any person registered pursuant to Section 510 of
13 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
14 (y-1) "Mail-order pharmacy" means a pharmacy that is
15 located in a state of the United States, other than Illinois,
16 that delivers, dispenses or distributes, through the United
17 States Postal Service or other common carrier, to Illinois
18 residents, any substance which requires a prescription.
19 (z) "Manufacture" means the production, preparation,
20 propagation, compounding, conversion or processing of a
21 controlled substance, either directly or indirectly, by
22 extraction from substances of natural origin, or
23 independently by means of chemical synthesis, or by a
24 combination of extraction and chemical synthesis, and
25 includes any packaging or repackaging of the substance or
26 labeling of its container, except that this term does not
27 include:
28 (1) by an ultimate user, the preparation or
29 compounding of a controlled substance for his own use; or
30 (2) by a practitioner, or his authorized agent
31 under his supervision, the preparation, compounding,
32 packaging, or labeling of a controlled substance:
33 (a) as an incident to his administering or
34 dispensing of a controlled substance in the course
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1 of his professional practice; or
2 (b) as an incident to lawful research,
3 teaching or chemical analysis and not for sale.
4 (z-1) "Methamphetamine manufacturing chemical" means any
5 of the following chemicals or substances containing any of
6 the following chemicals: benzyl methyl ketone, ephedrine,
7 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
8 pseudoephedrine or any of the salts, optical isomers, or
9 salts of optical isomers of the above-listed chemicals.
10 (aa) "Narcotic drug" means any of the following, whether
11 produced directly or indirectly by extraction from substances
12 of natural origin, or independently by means of chemical
13 synthesis, or by a combination of extraction and chemical
14 synthesis:
15 (1) opium and opiate, and any salt, compound,
16 derivative, or preparation of opium or opiate;
17 (2) any salt, compound, isomer, derivative, or
18 preparation thereof which is chemically equivalent or
19 identical with any of the substances referred to in
20 clause (1), but not including the isoquinoline alkaloids
21 of opium;
22 (3) opium poppy and poppy straw;
23 (4) coca leaves and any salts, compound, isomer,
24 salt of an isomer, derivative, or preparation of coca
25 leaves including cocaine or ecgonine, and any salt,
26 compound, isomer, derivative, or preparation thereof
27 which is chemically equivalent or identical with any of
28 these substances, but not including decocainized coca
29 leaves or extractions of coca leaves which do not contain
30 cocaine or ecgonine (for the purpose of this paragraph,
31 the term "isomer" includes optical, positional and
32 geometric isomers).
33 (bb) "Nurse" means a registered nurse licensed under the
34 Nursing and Advanced Practice Nursing Act.
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1 (cc) "Official prescription blanks" means the triplicate
2 prescription forms supplied to prescribers by the Department
3 for prescribing Schedule II Designated Product controlled
4 substances.
5 (dd) "Opiate" means any substance having an addiction
6 forming or addiction sustaining liability similar to morphine
7 or being capable of conversion into a drug having addiction
8 forming or addiction sustaining liability.
9 (ee) "Opium poppy" means the plant of the species
10 Papaver somniferum L., except its seeds.
11 (ff) "Parole and Pardon Board" means the Parole and
12 Pardon Board of the State of Illinois or its successor
13 agency.
14 (gg) "Person" means any individual, corporation,
15 mail-order pharmacy, government or governmental subdivision
16 or agency, business trust, estate, trust, partnership or
17 association, or any other entity.
18 (hh) "Pharmacist" means any person who holds a
19 certificate of registration as a registered pharmacist, a
20 local registered pharmacist or a registered assistant
21 pharmacist under the Pharmacy Practice Act of 1987.
22 (ii) "Pharmacy" means any store, ship or other place in
23 which pharmacy is authorized to be practiced under the
24 Pharmacy Practice Act of 1987.
25 (jj) "Poppy straw" means all parts, except the seeds, of
26 the opium poppy, after mowing.
27 (kk) "Practitioner" means a physician licensed to
28 practice medicine in all its branches, dentist, podiatrist,
29 veterinarian, scientific investigator, pharmacist, physician
30 assistant, advanced practice nurse, licensed practical nurse,
31 registered nurse, hospital, laboratory, or pharmacy, or other
32 person licensed, registered, or otherwise lawfully permitted
33 by the United States or this State to distribute, dispense,
34 conduct research with respect to, administer or use in
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1 teaching or chemical analysis, a controlled substance in the
2 course of professional practice or research.
3 (ll) "Pre-printed prescription" means a written
4 prescription upon which the designated drug has been
5 indicated prior to the time of issuance.
6 (mm) "Prescriber" means a physician licensed to practice
7 medicine in all its branches, dentist, podiatrist or
8 veterinarian who issues a prescription, a physician assistant
9 who issues a prescription for a Schedule III, IV, or V
10 controlled substance in accordance with Section 303.05 and
11 the written guidelines required under Section 7.5 of the
12 Physician Assistant Practice Act of 1987, or an advanced
13 practice nurse with prescriptive authority in accordance with
14 Section 303.05 and a written collaborative agreement under
15 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
16 Nursing Act.
17 (nn) "Prescription" means a lawful written, facsimile,
18 or verbal order of a physician licensed to practice medicine
19 in all its branches, dentist, podiatrist or veterinarian for
20 any controlled substance, of a physician assistant for a
21 Schedule III, IV, or V controlled substance in accordance
22 with Section 303.05 and the written guidelines required under
23 Section 7.5 of the Physician Assistant Practice Act of 1987,
24 or of an advanced practice nurse who issues a prescription
25 for a Schedule III, IV, or V controlled substance in
26 accordance with Section 303.05 and a written collaborative
27 agreement under Sections 15-15 and 15-20 of the Nursing and
28 Advanced Practice Nursing Act.
29 (oo) "Production" or "produce" means manufacture,
30 planting, cultivating, growing, or harvesting of a controlled
31 substance.
32 (pp) "Registrant" means every person who is required to
33 register under Section 302 of this Act.
34 (qq) "Registry number" means the number assigned to each
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1 person authorized to handle controlled substances under the
2 laws of the United States and of this State.
3 (rr) "State" includes the State of Illinois and any
4 state, district, commonwealth, territory, insular possession
5 thereof, and any area subject to the legal authority of the
6 United States of America.
7 (ss) "Ultimate user" means a person who lawfully
8 possesses a controlled substance for his own use or for the
9 use of a member of his household or for administering to an
10 animal owned by him or by a member of his household.
11 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
12 90-116, eff. 7-14-97; 90-742, eff. 8-13-98; 90-818, eff.
13 3-23-99.)
14 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
15 Sec. 401. Except as authorized by this Act, it is
16 unlawful for any person knowingly to: (i) manufacture or
17 deliver, or possess with intent to manufacture or deliver, a
18 controlled or counterfeit substance or controlled substance
19 analog or (ii) possess any methamphetamine manufacturing
20 chemical listed in paragraph (z-1) of Section 102 with the
21 intent to manufacture methamphetamine or the salt of an
22 optical isomer of methamphetamine or an analog thereof. A
23 violation of this Act with respect to each of the controlled
24 substances listed herein constitutes a single and separate
25 violation of this Act. For purposes of this Section,
26 "controlled substance analog" or "analog" means a substance
27 which is intended for human consumption, other than a
28 controlled substance, that has a chemical structure
29 substantially similar to that of a controlled substance in
30 Schedule I or II, or that was specifically designed to
31 produce an effect substantially similar to that of a
32 controlled substance in Schedule I or II. Examples of
33 chemical classes in which controlled substance analogs are
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1 found include, but are not limited to, the following:
2 phenethylamines, N-substituted piperidines, morphinans,
3 ecgonines, quinazolinones, substituted indoles, and
4 arylcycloalkylamines. For purposes of this Act, a controlled
5 substance analog shall be treated in the same manner as the
6 controlled substance to which it is substantially similar.
7 (a) Any person who violates this Section with respect to
8 the following amounts of controlled or counterfeit substances
9 or controlled substance analogs, notwithstanding any of the
10 provisions of subsections (c), (c-5), (d), (d-5), (e), (f),
11 (g) or (h) to the contrary, is guilty of a Class X felony and
12 shall be sentenced to a term of imprisonment as provided in
13 this subsection (a) and fined as provided in subsection (b):
14 (1) (A) not less than 6 years and not more than 30
15 years with respect to 15 grams or more but less than
16 100 grams of a substance containing heroin, or an
17 analog thereof;
18 (B) not less than 9 years and not more than 40
19 years with respect to 100 grams or more but less
20 than 400 grams of a substance containing heroin, or
21 an analog thereof;
22 (C) not less than 12 years and not more than
23 50 years with respect to 400 grams or more but less
24 than 900 grams of a substance containing heroin, or
25 an analog thereof;
26 (D) not less than 15 years and not more than
27 60 years with respect to 900 grams or more of any
28 substance containing heroin, or an analog thereof;
29 (2) (A) not less than 6 years and not more than 30
30 years with respect to 15 grams or more but less than
31 100 grams of a substance containing cocaine, or an
32 analog thereof;
33 (B) not less than 9 years and not more than 40
34 years with respect to 100 grams or more but less
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1 than 400 grams of a substance containing cocaine, or
2 an analog thereof;
3 (C) not less than 12 years and not more than
4 50 years with respect to 400 grams or more but less
5 than 900 grams of a substance containing cocaine, or
6 an analog thereof;
7 (D) not less than 15 years and not more than
8 60 years with respect to 900 grams or more of any
9 substance containing cocaine, or an analog thereof;
10 (3) (A) not less than 6 years and not more than 30
11 years with respect to 15 grams or more but less than
12 100 grams of a substance containing morphine, or an
13 analog thereof;
14 (B) not less than 9 years and not more than 40
15 years with respect to 100 grams or more but less
16 than 400 grams of a substance containing morphine,
17 or an analog thereof;
18 (C) not less than 12 years and not more than
19 50 years with respect to 400 grams or more but less
20 than 900 grams of a substance containing morphine,
21 or an analog thereof;
22 (D) not less than 15 years and not more than
23 60 years with respect to 900 grams or more of a
24 substance containing morphine, or an analog thereof;
25 (4) 200 grams or more of any substance containing
26 peyote, or an analog thereof;
27 (5) 200 grams or more of any substance containing a
28 derivative of barbituric acid or any of the salts of a
29 derivative of barbituric acid, or an analog thereof;
30 (6) 200 grams or more of any substance containing
31 amphetamine or any salt of an optical isomer of
32 amphetamine, or an analog thereof;
33 (6.5) (A) not less than 6 years and not more than
34 30 years with respect to 15 grams or more but less
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1 than 100 grams of a substance containing
2 methamphetamine or any salt of an optical isomer of
3 methamphetamine, or an analog thereof;
4 (B) not less than 6 years and not more than 40
5 years with respect to 100 grams or more but less
6 than 400 grams of a substance containing
7 methamphetamine or any salt of an optical isomer of
8 methamphetamine, or an analog thereof;
9 (C) not less than 6 years and not more than 50
10 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing
12 methamphetamine or any salt of an optical isomer of
13 methamphetamine, or an analog thereof;
14 (D) not less than 6 years and not more than 60
15 years with respect to 900 grams or more of any
16 substance containing methamphetamine or any salt of
17 an optical isomer of methamphetamine, or an analog
18 thereof.
19 (6.6) (A) not less than 6 years and not more than 30
20 years for the possession of any methamphetamine
21 manufacturing chemical set forth in paragraph (z-1)
22 of Section 102 with intent to manufacture 30 grams
23 or more but less than 150 grams of any substance
24 containing methamphetamine, or salt of any optical
25 isomer of methamphetamine, or an analog thereof;
26 (B) not less than 6 years and not more than 40
27 years for the possession of any methamphetamine
28 manufacturing chemical set forth in paragraph (z-1)
29 of Section 102 with intent to manufacture 150 grams
30 or more but less than 500 grams of any substance
31 containing methamphetamine, or salt of an optical
32 isomer of methamphetamine, or an analog thereof;
33 (C) not less than 6 years and not more than 50
34 years for the possession of any methamphetamine
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1 manufacturing chemical set forth in paragraph (z-1)
2 of Section 102 with intent to manufacture 500 grams
3 or more but less than 1200 grams of any substance
4 containing methamphetamine, or salt of an optical
5 isomer of methamphetamine, or an analog thereof;
6 (D) not less than 6 years and not more than 60
7 years for the possession of any methamphetamine
8 manufacturing chemical set forth in paragraph (z-1)
9 of Section 102 with intent to manufacture 1200 grams
10 or more of any substance containing methamphetamine,
11 or salt of an optical isomer of methamphetamine, or
12 an analog thereof;
13 (7) (A) not less than 6 years and not more than 30
14 years with respect to: (i) 15 grams or more but less
15 than 100 grams of a substance containing lysergic
16 acid diethylamide (LSD), or an analog thereof, or
17 (ii) 15 or more objects or 15 or more segregated
18 parts of an object or objects but less than 200
19 objects or 200 segregated parts of an object or
20 objects containing in them or having upon them any
21 amounts of any substance containing lysergic acid
22 diethylamide (LSD), or an analog thereof;
23 (B) not less than 9 years and not more than 40
24 years with respect to: (i) 100 grams or more but
25 less than 400 grams of a substance containing
26 lysergic acid diethylamide (LSD), or an analog
27 thereof, or (ii) 200 or more objects or 200 or more
28 segregated parts of an object or objects but less
29 than 600 objects or less than 600 segregated parts
30 of an object or objects containing in them or having
31 upon them any amount of any substance containing
32 lysergic acid diethylamide (LSD), or an analog
33 thereof;
34 (C) not less than 12 years and not more than
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1 50 years with respect to: (i) 400 grams or more but
2 less than 900 grams of a substance containing
3 lysergic acid diethylamide (LSD), or an analog
4 thereof, or (ii) 600 or more objects or 600 or more
5 segregated parts of an object or objects but less
6 than 1500 objects or 1500 segregated parts of an
7 object or objects containing in them or having upon
8 them any amount of any substance containing lysergic
9 acid diethylamide (LSD), or an analog thereof;
10 (D) not less than 15 years and not more than
11 60 years with respect to: (i) 900 grams or more of
12 any substance containing lysergic acid diethylamide
13 (LSD), or an analog thereof, or (ii) 1500 or more
14 objects or 1500 or more segregated parts of an
15 object or objects containing in them or having upon
16 them any amount of a substance containing lysergic
17 acid diethylamide (LSD), or an analog thereof;
18 (8) 30 grams or more of any substance containing
19 pentazocine or any of the salts, isomers and salts of
20 isomers of pentazocine, or an analog thereof;
21 (9) 30 grams or more of any substance containing
22 methaqualone or any of the salts, isomers and salts of
23 isomers of methaqualone, or an analog thereof;
24 (10) 30 grams or more of any substance
25 containing phencyclidine or any of the salts, isomers
26 and salts of isomers of phencyclidine (PCP), or an
27 analog thereof;
28 (10.5) 30 grams or more of any substance containing
29 ketamine or any of the salts, isomers and salts of
30 isomers of ketamine, or an analog thereof;
31 (11) 200 grams or more of any substance containing
32 any other controlled substance classified in Schedules I
33 or II, or an analog thereof, which is not otherwise
34 included in this subsection.
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1 (b) Any person sentenced with respect to violations of
2 paragraph (1), (2), (3), (6.5), (6.6), or (7) of subsection
3 (a) involving 100 grams or more of the controlled substance
4 named therein, may in addition to the penalties provided
5 therein, be fined an amount not more than $500,000 or the
6 full street value of the controlled or counterfeit substance
7 or controlled substance analog, whichever is greater. The
8 term "street value" shall have the meaning ascribed in
9 Section 110-5 of the Code of Criminal Procedure of 1963. Any
10 person sentenced with respect to any other provision of
11 subsection (a), may in addition to the penalties provided
12 therein, be fined an amount not to exceed $500,000.
13 (c) Any person who violates this Section with regard to
14 the following amounts of controlled or counterfeit substances
15 or controlled substance analogs, notwithstanding any of the
16 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
17 to the contrary, is guilty of a Class 1 felony. The fine for
18 violation of this subsection (c) shall not be more than
19 $250,000:
20 (1) 10 or more grams but less than 15 grams of any
21 substance containing heroin, or an analog thereof;
22 (2) 1 gram or more but less than 15 grams of any
23 substance containing cocaine, or an analog thereof;
24 (3) 10 grams or more but less than 15 grams of any
25 substance containing morphine, or an analog thereof;
26 (4) 50 grams or more but less than 200 grams of any
27 substance containing peyote, or an analog thereof;
28 (5) 50 grams or more but less than 200 grams of any
29 substance containing a derivative of barbituric acid or
30 any of the salts of a derivative of barbituric acid, or
31 an analog thereof;
32 (6) 50 grams or more but less than 200 grams of any
33 substance containing amphetamine or any salt of an
34 optical isomer of amphetamine, or an analog thereof;
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1 (6.5) 5 grams or more but less than 15 grams of any
2 substance containing methamphetamine or any salt or
3 optical isomer of methamphetamine, or an analog thereof;
4 (7) (i) 5 grams or more but less than 15 grams of
5 any substance containing lysergic acid diethylamide
6 (LSD), or an analog thereof, or (ii) more than 10 objects
7 or more than 10 segregated parts of an object or objects
8 but less than 15 objects or less than 15 segregated parts
9 of an object containing in them or having upon them any
10 amount of any substance containing lysergic acid
11 diethylamide (LSD), or an analog thereof;
12 (8) 10 grams or more but less than 30 grams of any
13 substance containing pentazocine or any of the salts,
14 isomers and salts of isomers of pentazocine, or an analog
15 thereof;
16 (9) 10 grams or more but less than 30 grams of any
17 substance containing methaqualone or any of the salts,
18 isomers and salts of isomers of methaqualone, or an
19 analog thereof;
20 (10) 10 grams or more but less than 30 grams of any
21 substance containing phencyclidine or any of the salts,
22 isomers and salts of isomers of phencyclidine (PCP), or
23 an analog thereof;
24 (10.5) 10 grams or more but less than 30 grams of
25 any substance containing ketamine or any of the salts,
26 isomers and salts of isomers of ketamine, or an analog
27 thereof;
28 (11) 50 grams or more but less than 200 grams of
29 any substance containing a substance classified in
30 Schedules I or II, or an analog thereof, which is not
31 otherwise included in this subsection.
32 (c-5) Any person who violates this Section with regard
33 to possession of any methamphetamine manufacturing chemical
34 set forth in paragraph (z-1) of Section 102 with intent to
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1 manufacture 15 grams or more but less than 30 grams of
2 methamphetamine, or salt of an optical isomer of
3 methamphetamine or any analog thereof, is guilty of a Class 1
4 felony. The fine for violation of this subsection (c-5)
5 shall not be more than $250,000.
6 (d) Any person who violates this Section with regard to
7 any other amount of a controlled or counterfeit substance
8 classified in Schedules I or II, or an analog thereof, which
9 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
10 or an analog thereof, or (iii) any substance containing
11 methamphetamine or any salt or optical isomer of
12 methamphetamine, or an analog thereof, is guilty of a Class 2
13 felony. The fine for violation of this subsection (d) shall
14 not be more than $200,000.
15 (d-5) Any person who violates this Section with regard
16 to possession of any methamphetamine manufacturing chemical
17 set forth in paragraph (z-1) of Section 102 with intent to
18 manufacture less than 15 grams of methamphetamine, or salt of
19 an optical isomer of methamphetamine or any analog thereof,
20 is guilty of a Class 2 felony. The fine for violation of
21 this subsection (d-5) shall not be more than $200,000.
22 (e) Any person who violates this Section with regard to
23 any other amount of a controlled or counterfeit substance
24 classified in Schedule I or II, or an analog thereof, which
25 substance is not included under subsection (d) of this
26 Section, is guilty of a Class 3 felony. The fine for
27 violation of this subsection (e) shall not be more than
28 $150,000.
29 (f) Any person who violates this Section with regard to
30 any other amount of a controlled or counterfeit substance
31 classified in Schedule III is guilty of a Class 3 felony. The
32 fine for violation of this subsection (f) shall not be more
33 than $125,000.
34 (g) Any person who violates this Section with regard to
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1 any other amount of a controlled or counterfeit substance
2 classified in Schedule IV is guilty of a Class 3 felony. The
3 fine for violation of this subsection (g) shall not be more
4 than $100,000.
5 (h) Any person who violates this Section with regard to
6 any other amount of a controlled or counterfeit substance
7 classified in Schedule V is guilty of a Class 3 felony. The
8 fine for violation of this subsection (h) shall not be more
9 than $75,000.
10 (i) This Section does not apply to the manufacture,
11 possession or distribution of a substance in conformance with
12 the provisions of an approved new drug application or an
13 exemption for investigational use within the meaning of
14 Section 505 of the Federal Food, Drug and Cosmetic Act.
15 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
16 90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)
17 (720 ILCS 570/401.5)
18 Sec. 401.5. Chemical breakdown of illicit controlled
19 substance.
20 (a) It is unlawful for any person to manufacture a
21 controlled substance prohibited by this Act by chemically
22 deriving the controlled substance from one or more other
23 controlled substances prohibited by this Act.
24 (a-5) It is unlawful for any person to possess any
25 substance with the intent to use the substance to facilitate
26 the manufacture of any controlled or counterfeit substance or
27 controlled substance analog other than as authorized by this
28 Act.
29 (b) A violation of this Section is a Class 4 felony.
30 (c) This Section does not apply to the manufacture of
31 methamphetamine or to the possession of any methamphetamine
32 manufacturing chemicals with the intent to manufacture
33 methamphetamine or any salt of an optical isomer of
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1 methamphetamine, or an analog of methamphetamine.
2 (Source: P.A. 90-775, eff. 1-1-99.)
3 Section 99. Effective date. This Act takes effect
4 January 1, 2000.
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