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91_SB0013eng
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1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Sections 309, 312, and 406, by adding Sections 316,
3 317, 318, 319, and 320 and repealing Sections 308, 310, and
4 311.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Illinois Controlled Substances Act is
8 amended by changing Sections 309, 312, and 406 and by adding
9 Sections 316, 317, 318, 319, and 320 as follows:
10 (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
11 Sec. 309. No person shall issue a prescription for a
12 Schedule II controlled substance, which is a narcotic drug
13 listed in Section 206 of this Act; or which contains any
14 quantity of amphetamine or methamphetamine, their salts,
15 optical isomers or salts of optical isomers; phenmetrazine
16 and its salts; gluthethimide; pentazocine; or which is
17 hereafter determined to be a "designated product," as defined
18 in Section 102 of this Act, other than on a written the
19 official prescription blank issued by the Department and no
20 person shall fill any such prescription other than on the
21 official prescription blank issued by the Department;
22 provided that in the case of an emergency, epidemic or a
23 sudden or unforeseen accident or calamity, the prescriber may
24 issue a lawful oral prescription or transmit via facsimile
25 equipment a written prescription order or a written
26 prescription on a blank other than the official prescription
27 blank issued by the Department where failure to issue such a
28 prescription might result in loss of life or intense
29 suffering, but such oral prescription shall include a
30 statement have endorsed thereon by the prescriber a statement
31 the unofficial blank was used. Within 72 hours
3 after issuing an emergency prescription, the prescriber shall
4 cause a written prescription on the official prescription
5 blank for the emergency quantity prescribed to be delivered
6 to the dispensing pharmacist. The prescription shall have
7 written on its face "Authorization for Emergency Dispensing",
8 and the date of the emergency prescription. The written
9 prescription on the official prescription blank may be
10 delivered to the pharmacist in person, or by mail or via
11 facsimile equipment, but if delivered by mail it must be
12 postmarked within the 72-hour period. Upon receipt, the
13 dispensing pharmacist shall attach this prescription to the
14 emergency oral prescription earlier received and , or in the
15 case of an oral prescription, reduced to writing. The
16 dispensing pharmacist shall notify the Department of Human
17 Services if the prescriber fails to deliver the authorization
18 for emergency dispensing on the official prescription blank
19 to him. Failure of the dispensing pharmacist to do so shall
20 void the authority conferred by this paragraph to dispense
21 without a written prescription on an official prescription
22 blank of a prescriber. All prescriptions on the official
23 blanks shall be written in triplicate and all three copies
24 signed by the prescriber. All prescriptions issued for
25 Schedule II controlled substances shall include both a
26 written and numerical notation of quantity on the face of the
27 prescription. No prescription for a Schedule II controlled
28 substance may be refilled.
29 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
30 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
31 Sec. 312. Requirements for dispensing controlled
32 substances.
33 (a) A practitioner, in good faith, may dispense a
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1 Schedule II controlled substance, which is a narcotic drug
2 listed in Section 206 of this Act; or which contains any
3 quantity of amphetamine or methamphetamine, their salts,
4 optical isomers or salts of optical isomers; phenmetrazine
5 and its salts; pentazocine; or which is hereafter determined
6 to be a "designated product," as defined in Section 102 of
7 this Act to any person upon an official prescription form and
8 Schedule III, IV, or V controlled substances to any person
9 upon a written prescription of any prescriber, dated and
10 signed by the person prescribing on the day when issued and
11 bearing the name and address of the patient for whom, or the
12 owner of the animal for which the controlled substance is
13 dispensed, and the full name, address and registry number
14 under the laws of the United States relating to controlled
15 substances of the prescriber, if he is required by those laws
16 to be registered. If the prescription is for an animal it
17 shall state the species of animal for which it is ordered.
18 The practitioner filling the prescription shall write the
19 date of filling and his own signature on the face of the
20 written official prescription form. The official prescription
21 form or the written prescription shall be retained on file by
22 the practitioner who filled it or pharmacy in which the
23 prescription was filled for a period of 2 years, so as to be
24 readily accessible for inspection or removal by any officer
25 or employee engaged in the enforcement of this Act. Whenever
26 the practitioner's or pharmacy's copy of any prescription
27 form is removed by an officer or employee engaged in the
28 enforcement of this Act, for the purpose of investigation or
29 as evidence, such officer or employee shall give to the
30 practitioner or pharmacy a receipt in lieu thereof. A
31 prescription form for a Schedule II controlled substance
32 shall not be filled more than 7 days after the date of
33 issuance. A written prescription for Schedule III, IV or V
34 controlled substances shall not be filled or refilled more
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1 than 6 months after the date thereof or refilled more than 5
2 times unless renewed, in writing, by the prescriber.
3 (b) In lieu of a written prescription required by this
4 Section, a pharmacist, in good faith, may dispense Schedule
5 III, IV, or V substances to any person either upon receiving
6 a facsimile of a written, signed prescription transmitted by
7 the prescriber or the prescriber's agent or upon a lawful
8 oral prescription of a prescriber which oral prescription
9 shall be reduced promptly to writing by the pharmacist and
10 such written memorandum thereof shall be dated on the day
11 when such oral prescription is received by the pharmacist and
12 shall bear the full name and address of the ultimate user for
13 whom, or of the owner of the animal for which the controlled
14 substance is dispensed, and the full name, address, and
15 registry number under the law of the United States relating
16 to controlled substances of the prescriber prescribing if he
17 is required by those laws to be so registered, and the
18 pharmacist filling such oral prescription shall write the
19 date of filling and his own signature on the face of such
20 written memorandum thereof. The facsimile copy of the
21 prescription or written memorandum of the oral prescription
22 shall be retained on file by the proprietor of the pharmacy
23 in which it is filled for a period of not less than two
24 years, so as to be readily accessible for inspection by any
25 officer or employee engaged in the enforcement of this Act in
26 the same manner as a written prescription. The facsimile
27 copy of the prescription or oral prescription and the written
28 memorandum thereof shall not be filled or refilled more than
29 6 months after the date thereof or be refilled more than 5
30 times, unless renewed, in writing, by the prescriber.
31 (c) A controlled substance included in Schedule V shall
32 not be distributed or dispensed other than for a medical
33 purpose and not for the purpose of evading this Act, and
34 then:
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1 (1) only personally by a person registered to
2 dispense a Schedule V controlled substance and then only
3 to his patients, or
4 (2) only personally by a pharmacist, and then only
5 to a person over 21 years of age who has identified
6 himself to the pharmacist by means of 2 positive
7 documents of identification.
8 (3) the dispenser shall record the name and address
9 of the purchaser, the name and quantity of the product,
10 the date and time of the sale, and the dispenser's
11 signature.
12 (4) no person shall purchase or be dispensed more
13 than 120 milliliters or more than 120 grams of any
14 Schedule V substance which contains codeine,
15 dihydrocodeine, or any salts thereof, or ethylmorphine,
16 or any salts thereof, in any 96 hour period. The
17 purchaser shall sign a form, approved by the Department
18 of Professional Regulation, attesting that he has not
19 purchased any Schedule V controlled substances within the
20 immediately preceding 96 hours.
21 (5) a copy of the records of sale, including all
22 information required by paragraph (3), shall be forwarded
23 to the Department of Professional Regulation at its
24 principal office by the 15th day of the following month.
25 (6) all records of purchases and sales shall be
26 maintained for not less than 2 years.
27 (7) no person shall obtain or attempt to obtain
28 within any consecutive 96 hour period any Schedule V
29 substances of more than 120 milliliters or more than 120
30 grams containing codeine, dihydrocodeine or any of its
31 salts, or ethylmorphine or any of its salts. Any person
32 obtaining any such preparations or combination of
33 preparations in excess of this limitation shall be in
34 unlawful possession of such controlled substance.
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1 (8) a person qualified to dispense controlled
2 substances under this Act and registered thereunder shall
3 at no time maintain or keep in stock a quantity of
4 Schedule V controlled substances defined and listed in
5 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
6 for each substance; a pharmacy shall at no time maintain
7 or keep in stock a quantity of Schedule V controlled
8 substances as defined in excess of 4.5 liters for each
9 substance, plus the additional quantity of controlled
10 substances necessary to fill the largest number of
11 prescription orders filled by that pharmacy for such
12 controlled substances in any one week in the previous
13 year. These limitations shall not apply to Schedule V
14 controlled substances which Federal law prohibits from
15 being dispensed without a prescription.
16 (9) no person shall distribute or dispense butyl
17 nitrite for inhalation or other introduction into the
18 human body for euphoric or physical effect.
19 (d) Every practitioner shall keep a record of controlled
20 substances received by him and a record of all such
21 controlled substances administered, dispensed or
22 professionally used by him otherwise than by prescription.
23 It shall, however, be sufficient compliance with this
24 paragraph if any practitioner utilizing controlled substances
25 listed in Schedules III, IV and V shall keep a record of all
26 those substances dispensed and distributed by him other than
27 those controlled substances which are administered by the
28 direct application of a controlled substance, whether by
29 injection, inhalation, ingestion, or any other means to the
30 body of a patient or research subject. A practitioner who
31 dispenses, other than by administering, a controlled
32 substance in Schedule II, which is a narcotic drug listed in
33 Section 206 of this Act, or which contains any quantity of
34 amphetamine or methamphetamine, their salts, optical isomers
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1 or salts of optical isomers, pentazocine, methaqualone, or
2 which is hereafter determined to be a "designated product" as
3 defined in Section 102 of this Act, shall do so only upon the
4 issuance of a written an official prescription blank by a
5 prescriber; and every practitioner who so dispenses such
6 designated products shall comply with the provisions of
7 Sections 310 and 311 of this Act.
8 (e) Whenever a manufacturer distributes a controlled
9 substance in a package prepared by him, and whenever a
10 wholesale distributor distributes a controlled substance in a
11 package prepared by him or the manufacturer, he shall
12 securely affix to each package in which that substance is
13 contained a label showing in legible English the name and
14 address of the manufacturer, the distributor and the
15 quantity, kind and form of controlled substance contained
16 therein. No person except a pharmacist and only for the
17 purposes of filling a prescription under this Act, shall
18 alter, deface or remove any label so affixed.
19 (f) Whenever a practitioner dispenses any controlled
20 substance, he shall affix to the container in which such
21 substance is sold or dispensed, a label indicating the date
22 of initial filling, the practitioner's name and address, the
23 serial number of the prescription, the name of the patient,
24 the name of the prescriber, the directions for use and
25 cautionary statements, if any, contained in any prescription
26 or required by law, the proprietary name or names or the
27 established name of the controlled substance, and the dosage
28 and quantity, except as otherwise authorized by regulation by
29 the Department of Professional Regulation. No person shall
30 alter, deface or remove any label so affixed.
31 (g) A person to whom or for whose use any controlled
32 substance has been prescribed or dispensed by a practitioner,
33 or other persons authorized under this Act, and the owner of
34 any animal for which such substance has been prescribed or
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1 dispensed by a veterinarian, may lawfully possess such
2 substance only in the container in which it was delivered to
3 him by the person dispensing such substance.
4 (h) The responsibility for the proper prescribing or
5 dispensing of controlled substances is upon the prescriber
6 and the responsibility for the proper filling of a
7 prescription for controlled substance drugs rests with the
8 pharmacist. An order purporting to be a prescription issued
9 to any individual, which is not in the regular course of
10 professional treatment nor part of an authorized methadone
11 maintenance program, nor in legitimate and authorized
12 research instituted by any accredited hospital, educational
13 institution, charitable foundation, or federal, state or
14 local governmental agency, and which is intended to provide
15 that individual with controlled substances sufficient to
16 maintain that individual's or any other individual's physical
17 or psychological addiction, habitual or customary use,
18 dependence, or diversion of that controlled substance is not
19 a prescription within the meaning and intent of this Act; and
20 the person issuing it, shall be subject to the penalties
21 provided for violations of the law relating to controlled
22 substances.
23 (i) A prescriber shall not preprint or cause to be
24 preprinted a prescription for any controlled substance; nor
25 shall any practitioner issue, fill or cause to be issued or
26 filled, a preprinted prescription for any controlled
27 substance.
28 (j) No person shall manufacture, dispense, deliver,
29 possess with intent to deliver, prescribe, or administer or
30 cause to be administered under his direction any anabolic
31 steroid, for any use in humans other than the treatment of
32 disease in accordance with the order of a physician licensed
33 to practice medicine in all its branches for a valid medical
34 purpose in the course of professional practice. The use of
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1 anabolic steroids for the purpose of hormonal manipulation
2 that is intended to increase muscle mass, strength or weight
3 without a medical necessity to do so, or for the intended
4 purpose of improving physical appearance or performance in
5 any form of exercise, sport, or game, is not a valid medical
6 purpose or in the course of professional practice.
7 (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)
8 (720 ILCS 570/316 new)
9 Sec. 316. Schedule II Controlled substance prescription
10 monitoring program.
11 The Department must provide for a Schedule II controlled
12 substance prescription monitoring program that includes the
13 following components:
14 (1) Each time a Schedule II controlled substance
15 designated by the Department is dispensed, the dispenser must
16 transmit to the central repository the following information:
17 (A) The recipient's name.
18 (B) The recipient's address.
19 (C) The national drug code number of the controlled
20 substance dispensed.
21 (D) The date the Schedule II controlled substance
22 is dispensed.
23 (E) The quantity of the controlled substance
24 dispensed.
25 (F) The dispenser's United States Drug Enforcement
26 Agency registration number.
27 (G) The prescriber's United States Drug Enforcement
28 Agency registration number.
29 (2) The information required to be transmitted under
30 this Section must be transmitted not more than 15 days after
31 the date on which a Schedule II controlled substance is
32 dispensed.
33 (3) A dispenser must transmit the information required
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1 under this Section by:
2 (A) an electronic device compatible with the
3 receiving device of the central repository;
4 (B) a computer diskette;
5 (C) a magnetic tape; or
6 (D) a pharmacy universal claim form or Pharmacy
7 Inventory Control form;
8 that meets specifications prescribed by the Department.
9 (720 ILCS 570/317 new)
10 Sec. 317. Central repository for collection of
11 information.
12 (a) The Department must designate a central repository
13 for the collection of information transmitted under Section
14 316.
15 (b) The central repository must do the following:
16 (1) Create a database for information required to
17 be transmitted under Section 316 in the form required
18 under rules adopted by the Department, including search
19 capability for the following:
20 (A) A recipient's name.
21 (B) A recipient's address.
22 (C) The national drug code number of a
23 controlled substance dispensed.
24 (D) The dates a Schedule II controlled
25 substance is dispensed.
26 (E) The quantities of a Schedule II controlled
27 substance dispensed.
28 (F) A dispenser's United States Drug
29 Enforcement Agency registration number.
30 (G) A prescriber's United States Drug
31 Enforcement Agency registration number.
32 (2) Provide the Department with continuing 24 hour a
33 day on-line access to the database maintained by the
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1 central repository. The Department of Professional
2 Regulation must provide the Department with electronic
3 access to the license information of a prescriber or
4 dispenser. The Department of Professional Regulation may
5 charge a fee for this access not to exceed the actual
6 cost of furnishing the information.
7 (3) Secure the information collected by the central
8 repository and the database maintained by the central
9 repository against access by unauthorized persons.
10 (720 ILCS 570/318 new)
11 Sec. 318. Confidentiality of information.
12 (a) Information received by the central repository under
13 Section 316 is confidential.
14 (b) The Department must carry out a program to protect
15 the confidentiality of the information described in
16 subsection (a). The Department may disclose the information
17 to another person only under subsection (c), (d), or (f) and
18 may charge a fee not to exceed the actual cost of furnishing
19 the information.
20 (c) The Department may disclose confidential information
21 described in subsection (a) to any person who is engaged in
22 receiving, processing, or storing the information.
23 (d) The Department may release confidential information
24 described in subsection (a) to the following persons:
25 (1) A governing body that licenses practitioners and
26 is engaged in an investigation, an adjudication, or a
27 prosecution of a violation under any State or federal law
28 that involves a controlled substance.
29 (2) An investigator for the Consumer Protection
30 Division of the office of the Attorney General, a
31 prosecuting attorney, the Attorney General, a deputy
32 Attorney General, or an investigator from the office of
33 the Attorney General, who is engaged in any of the
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1 following activities involving controlled substances:
2 (A) an investigation;
3 (B) an adjudication; or
4 (C) a prosecution of a violation under any
5 State or federal law that involves a controlled
6 substance.
7 (3) A law enforcement officer who is:
8 (A) authorized by the Department of State
9 Police to receive information of the type requested
10 for the purpose of investigations involving
11 controlled substances;
12 (B) approved by the Department to receive
13 information of the type requested for the purpose of
14 investigations involving controlled substances; and
15 (C) engaged in the investigation or prosecution
16 of a violation under any State or federal law that
17 involves a controlled substance.
18 (e) Before the Department releases confidential
19 information under subsection (d), the applicant must
20 demonstrate to the Department that:
21 (1) the applicant has reason to believe that a
22 violation under any State or federal law that involves a
23 Schedule II controlled substance has occurred; and
24 (2) the requested information is reasonably related
25 to the investigation, adjudication, or prosecution of the
26 violation described in subdivision (1).
27 (f) The Department may release to:
28 (1) a governing body that licenses practitioners;
29 (2) an investigator for the Consumer Protection
30 Division of the office of the Attorney General, a
31 prosecuting attorney, the Attorney General, a deputy
32 Attorney General, or an investigator from the office of
33 the Attorney General; or
34 (3) a law enforcement officer who is:
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1 (A) authorized by the Department of State
2 Police to receive the type of information released;
3 and
4 (B) approved by the Department to receive the
5 type of information released;
6 confidential information generated from computer records that
7 identifies practitioners who are prescribing or dispensing
8 large quantities of a Schedule II controlled substance as
9 determined by the Advisory Committee created by Section 320.
10 (g) The information described in subsection (f) may not
11 be released until it has been reviewed by an employee of the
12 Department who is licensed as a prescriber or a dispenser
13 and until that employee has certified that further
14 investigation is warranted. However, failure to comply with
15 this subsection (g) does not invalidate the use of any
16 evidence that is otherwise admissible in a proceeding
17 described in subsection (h).
18 (h) An investigator or a law enforcement officer
19 receiving confidential information under subsection (c), (d),
20 or (f) may disclose the information to a law enforcement
21 officer or an attorney for the office of the Attorney General
22 for use as evidence in the following:
23 (1) A proceeding under any State or federal law that
24 involves a Schedule II controlled substance.
25 (2) A criminal proceeding or a proceeding in
26 juvenile court that involves a Schedule II controlled
27 substance.
28 (i) The Department may compile statistical reports from
29 the information described in subsection (a). The reports must
30 not include information that identifies any practitioner,
31 ultimate user, or other person administering a controlled
32 substance.
33 (720 ILCS 570/319 new)
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1 Sec. 319. Rules. The Department must adopt rules under
2 the Illinois Administrative Procedure Act to implement
3 Sections 316 through 318, including the following:
4 (1) Information collection and retrieval procedures
5 for the central repository, including the Schedule II
6 controlled substances to be included in the program
7 required under Section 316.
8 (2) Design for the creation of the database required
9 under Section 317.
10 (3) Requirements for the development and
11 installation of on-line electronic access by the
12 Department to information collected by the central
13 repository.
14 (720 ILCS 570/320 new)
15 Sec. 320. Advisory committee.
16 (a) The Secretary of Human Services must appoint an
17 advisory committee to assist the Department in implementing
18 the Schedule II controlled substance prescription monitoring
19 program created by Section 316 of this Act. The Advisory
20 Committee consists of prescribers and dispensers.
21 (b) The Secretary of Human Services must determine the
22 number of members to serve on the advisory committee. The
23 Secretary must choose one of the members of the advisory
24 committee to serve as chair of the committee.
25 (c) The advisory committee may appoint its other
26 officers as it deems appropriate.
27 (d) The members of the advisory committee shall receive
28 no compensation for their services as members of the advisory
29 committee but may be reimbursed for their actual expenses
30 incurred in serving on the advisory committee.
31 (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
32 Sec. 406. (a) It is unlawful for any person:
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1 (1) who is subject to Article III knowingly to
2 distribute or dispense a controlled substance in violation of
3 Sections 308 through 314 of this Act; or
4 (2) who is a registrant, to manufacture a controlled
5 substance not authorized by his registration, or to
6 distribute or dispense a controlled substance not authorized
7 by his registration to another registrant or other authorized
8 person; or
9 (3) to refuse or fail to make, keep or furnish any
10 record, notification, order form, statement, invoice or
11 information required under this Act; or
12 (4) to refuse an entry into any premises for any
13 inspection authorized by this Act; or
14 (5) knowingly to keep or maintain any store, shop,
15 warehouse, dwelling, building, vehicle, boat, aircraft, or
16 other structure or place, which is resorted to by a person
17 unlawfully possessing controlled substances, or which is used
18 for possessing, manufacturing, dispensing or distributing
19 controlled substances in violation of this Act.
20 Any person who violates this subsection (a) is guilty of
21 a Class A misdemeanor for the first offense and a Class 4
22 felony for each subsequent offense. The fine for each
23 subsequent offense shall not be more than $100,000. In
24 addition, any practitioner who is found guilty of violating
25 this subsection (a) is subject to suspension and revocation
26 of his professional license, in accordance with such
27 procedures as are provided by law for the taking of
28 disciplinary action with regard to the license of said
29 practitioner's profession.
30 (b) It is unlawful for any person knowingly:
31 (1) to distribute, as a registrant, a controlled
32 substance classified in Schedule I or II, except pursuant to
33 an order form as required by Section 307 of this Act; or
34 (2) to use, in the course of the manufacture or
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1 distribution of a controlled substance, a registration number
2 which is fictitious, revoked, suspended, or issued to another
3 person; or
4 (3) to acquire or obtain possession of a controlled
5 substance by misrepresentation, fraud, forgery, deception or
6 subterfuge; or
7 (4) to furnish false or fraudulent material information
8 in, or omit any material information from, any application,
9 report or other document required to be kept or filed under
10 this Act, or any record required to be kept by this Act; or
11 (5) to make, distribute or possess any punch, die,
12 plate, stone or other thing designed to print, imprint or
13 reproduce the trademark, trade name or other identifying
14 mark, imprint or device of another, or any likeness of any of
15 the foregoing, upon any controlled substance or container or
16 labeling thereof so as to render the drug a counterfeit
17 substance; or
18 (6) to possess without authorization, official blank
19 prescription forms or counterfeit prescription forms; or
20 (7) (Blank). to issue a prescription or fill any
21 prescription for a controlled substance other than on the
22 appropriate lawful prescription form. However, in the case
23 of any epidemic or a sudden or unforeseen accident or
24 calamity, the prescriber may issue a prescription on a form
25 other than the official prescription form issued by the
26 Department, where failure to issue such a prescription might
27 result in loss of life or intense suffering, but such
28 prescription shall have endorsed thereon, by the prescriber,
29 a statement concerning the accident, calamity or circumstance
30 constituting the emergency, the cause of which the unofficial
31 blank was used.
32 Any person who violates this subsection (b) is guilty of
33 a Class 4 felony for the first offense and a Class 3 felony
34 for each subsequent offense. The fine for the first offense
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1 shall be not more than $100,000. The fine for each
2 subsequent offense shall not be more than $200,000.
3 (c) A person who knowingly or intentionally violates
4 Section 316, 317, 318, or 319 is guilty of a Class A
5 misdemeanor.
6 (Source: P.A. 85-1287.)
7 (720 ILCS 570/308 rep.)
8 (720 ILCS 570/310 rep.)
9 (720 ILCS 570/311 rep.)
10 Section 10. The Illinois Controlled Substances Act is
11 amended by repealing Sections 308, 310, and 311.
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