Public Act 097-0997
 
HB5250 EnrolledLRB097 18577 RLC 63809 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Controlled Substances Act is 
amended  by changing Section 401 as follows:
 



    (720 ILCS 570/401)  (from Ch. 56 1/2, par. 1401)


    Sec. 401. Except as authorized by this Act, it is unlawful 
for any
person knowingly to manufacture or deliver, or possess 
with intent to
manufacture or deliver, a controlled substance 
other than methamphetamine, a counterfeit substance, or a 
controlled
substance analog.  A violation of this Act with 
respect to each of the controlled
substances listed herein 
constitutes a single and separate violation of this
Act.  For 
purposes of this Section, "controlled substance analog" or 
"analog"
means a substance
which is intended for human 
consumption, other than a controlled substance,
that has a 
chemical structure substantially similar to that of a 
controlled
substance in Schedule I or II, or that was 
specifically designed to produce
an effect substantially 
similar to that of a controlled substance in Schedule
I or II.  
Examples of chemical classes in which controlled substance 
analogs
are found include, but are not limited to, the 
following: phenethylamines,
N-substituted piperidines, 
morphinans, ecgonines, quinazolinones, substituted
indoles, 
and arylcycloalkylamines.  For purposes of this Act, a 
controlled
substance analog shall be treated in the same manner 
as the controlled
substance to which it is substantially 
similar.

    (a) Any person who violates this Section with respect to 
the following
amounts of controlled or counterfeit substances 
or controlled substance
analogs, notwithstanding any of the 
provisions of subsections (c),
(d), (e), (f), (g) or (h) to the 
contrary, is guilty of a Class X felony
and shall be sentenced 
to a term of imprisonment as provided in this subsection
(a) 
and fined as provided in subsection (b):


        (1) (A) not less than 6 years and not more than 30 
        years with respect
to 15 grams or more but less than 
        100 grams of a substance containing
heroin, or an 
        analog thereof;


            (B) not less than 9 years and not more than 40 
        years with respect to 100
grams or more but less than 
        400 grams of a substance containing heroin, or
an 
        analog thereof;


            (C) not less than 12 years and not more than 50 
        years with respect to
400 grams or more but less than 
        900 grams of a substance containing heroin,
or an 
        analog thereof;


            (D) not less than 15 years and not more than 60 
        years with respect to
900 grams or more of any 
        substance containing heroin, or an analog thereof;

        (1.5) (A) not less than 6 years and not more than 30 
        years with respect to 15 grams or more but less than 
        100 grams of a substance containing fentanyl, or an 
        analog thereof;

            (B) not less than 9 years and not more than 40 
        years with respect to 100 grams or more but less than 
        400 grams of a substance containing fentanyl, or an 
        analog thereof;
            (C) not less than 12 years and not more than 50 
        years with respect to 400 grams or more but less than 
        900 grams of a substance containing fentanyl, or an 
        analog thereof;
            (D) not less than 15 years and not more than 60 
        years with respect to 900 grams or more of a substance 
        containing fentanyl, or an analog thereof;


        (2) (A) not less than 6 years and not more than 30 
        years with respect
to 15 grams or more but less than 
        100 grams of a substance containing
cocaine, or an 
        analog thereof;


            (B) not less than 9 years and not more than 40 
        years with respect to 100
grams or more but less than 
        400 grams of a substance containing cocaine, or
an 
        analog thereof;


            (C) not less than 12 years and not more than 50 
        years with respect to
400 grams or more but less than 
        900 grams of a substance containing cocaine,
or an 
        analog thereof;


            (D) not less than 15 years and not more than 60 
        years with respect to
900 grams or more of any 
        substance containing cocaine, or an analog thereof;


        (3) (A) not less than 6 years and not more than 30 
        years with respect
to 15 grams or more but less than 
        100 grams of a substance containing
morphine, or an 
        analog thereof;


            (B) not less than 9 years and not more than 40 
        years with respect to
100 grams or more but less than 
        400 grams of a substance containing morphine,
or an 
        analog thereof;


            (C) not less than 12 years and not more than 50 
        years with respect to
400 grams or more but less than 
        900 grams of a substance containing
morphine, or an 
        analog thereof;


            (D) not less than 15 years and not more than 60 
        years with respect to
900 grams or more of a substance 
        containing morphine, or an analog thereof;


        (4) 200 grams or more of any substance containing 
    peyote, or an
analog thereof;


        (5) 200 grams or more of any substance containing a 
    derivative of
barbituric acid or any of the salts of a 
    derivative of barbituric acid, or
an analog thereof;


        (6) 200 grams or more of any substance containing 
    amphetamine
or any salt of an optical isomer of 
    amphetamine,
or an analog thereof;


        (6.5) (blank);


        (6.6) (blank);


        (7) (A) not less than 6 years and not more than 30 
        years with respect
to: (i) 15 grams or more but less 
        than 100 grams of a substance containing
lysergic acid 
        diethylamide (LSD), or an analog thereof, or (ii) 15 or

        more objects or 15 or more segregated parts of an 
        object or objects but
less than 200 objects or 200 
        segregated parts of an object or objects
containing in 
        them or having upon them any amounts of any substance

        containing lysergic acid diethylamide (LSD), or an 
        analog thereof;


            (B) not less than 9 years and not more than 40 
        years with respect
to: (i) 100 grams or more but less 
        than 400 grams of a substance containing
lysergic acid 
        diethylamide (LSD), or an analog thereof, or (ii) 200 
        or more
objects or 200 or more segregated parts of an 
        object or objects but less
than 600 objects or less 
        than 600 segregated parts of an object or objects

        containing in them or having upon them any amount of 
        any substance
containing lysergic acid diethylamide 
        (LSD), or an analog thereof;


            (C) not less than 12 years and not more than 50 
        years with respect
to: (i) 400 grams or more but less 
        than 900 grams of a substance containing
lysergic acid 
        diethylamide (LSD), or an analog thereof, or (ii) 600 
        or more
objects or 600 or more segregated parts of an 
        object or objects but less
than 1500 objects or 1500 
        segregated parts of an object or objects
containing in 
        them or having upon them any amount of any substance

        containing lysergic acid diethylamide (LSD), or an 
        analog thereof;


            (D) not less than 15 years and not more than 60 
        years with respect
to: (i) 900 grams or more of any 
        substance containing lysergic acid
diethylamide (LSD), 
        or an analog thereof, or (ii) 1500 or more objects or

        1500 or more segregated parts of an object or objects 
        containing in them or
having upon them any amount of a 
        substance containing lysergic acid
diethylamide (LSD), 
        or an analog thereof;


        (7.5) (A) not less than 6 years and not more than 30 
        years with respect
to:
(i) 15
grams or more but less 
        than 100 grams of a substance listed in paragraph (1),

        (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), 
        (21), (25), or (26) of subsection
(d) of Section 204, 
        or an analog or derivative thereof, or (ii) 15 or more

        pills, tablets, caplets, capsules, or objects but less 
        than 200 pills, tablets,
caplets, capsules, or objects 
        containing in them or having upon them any
amounts of 
        any substance listed in paragraph (1), (2), (2.1), 
        (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or 
        (26) of subsection (d) of Section 204, or
an analog or 
        derivative thereof;


            (B)  not less than 9 years and not more than 40 
        years with respect to:
(i) 100 grams or more but less 
        than 400 grams of a substance listed in
paragraph (1), 
        (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), 
        (21), (25), or (26) of subsection (d) of Section 204, 
        or an analog or
derivative thereof, or (ii) 200 or more 
        pills, tablets, caplets, capsules, or
objects but less 
        than 600 pills, tablets, caplets, capsules, or objects

        containing in them or having upon them any amount of 
        any substance listed in
paragraph (1), (2), (2.1), 
        (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or 
        (26)
of subsection (d) of Section 204, or an analog or 
        derivative thereof;


            (C) not less than 12 years and not more than 50 
        years with respect to:
(i) 400 grams or more but less 
        than 900 grams of a substance listed in
paragraph (1), 
        (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), 
        (21), (25), or (26)
of subsection (d) of Section 204,  
        or an analog or derivative thereof,
or (ii) 600 or more 
        pills, tablets, caplets, capsules, or objects but less 
        than
1,500 pills, tablets, caplets, capsules, or 
        objects
containing in them or having upon them any 
        amount of any substance listed in
paragraph (1), (2), 
        (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), 
        (25), or (26)
of subsection (d) of Section 204, or an 
        analog or derivative thereof;


            (D) not less than 15 years and not more than 60 
        years with respect to:
(i) 900 grams or more of any 
        substance listed in paragraph (1), (2), (2.1),
(2.2), 
        (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of 
        subsection (d) of
Section 204, or an analog or 
        derivative thereof, or (ii) 1,500 or more pills,

        tablets, caplets, capsules, or objects containing in 
        them or having upon them
any amount
of a substance 
        listed in paragraph (1), (2), (2.1), (2.2), (3), 
        (14.1), (19),
(20), (20.1), (21), (25), or (26)
of 
        subsection (d) of Section 204, or an analog or 
        derivative thereof;


        (8) 30 grams or more of any substance containing 
    pentazocine or any of
the salts, isomers and salts of 
    isomers of pentazocine, or an analog thereof;


        (9) 30 grams or more of any substance containing 
    methaqualone or any of
the salts, isomers and salts of 
    isomers of methaqualone, or an analog thereof;


        (10) 30 grams or more of  any  substance  containing  
    phencyclidine or any
of the  salts,  isomers  and  salts  of  
    isomers  of phencyclidine  (PCP),
or an analog  thereof;


        (10.5) 30 grams or more of any substance containing 
    ketamine
or any of the salts, isomers and salts of isomers 
    of ketamine,
or an analog thereof;

        (10.6) 100 grams or more of any substance containing 
    hydrocodone, or any of the salts, isomers and salts of 
    isomers of hydrocodone, or an analog thereof;
        (10.7) 100 grams or more of any substance containing 
    dihydrocodeinone, or any of the salts, isomers and salts of 
    isomers of dihydrocodeinone, or an analog thereof;
        (10.8) 100 grams or more of any substance containing 
    dihydrocodeine, or any of the salts, isomers and salts of 
    isomers of dihydrocodeine, or an analog thereof;
        (10.9) 100 grams or more of any substance containing 
    oxycodone, or any of the salts, isomers and salts of 
    isomers of oxycodone, or an analog thereof; 

        (11) 200 grams or more of any substance containing any 
    other controlled
substance classified in Schedules I or II, 
    or an analog thereof, which is
not otherwise included in 
    this subsection.

    (b) Any person sentenced with respect to violations of 
paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) 
involving
100 grams or
more of the
controlled substance named 
therein, may in addition to the penalties
provided therein, be 
fined an amount not more than $500,000 or the full
street value 
of the controlled or counterfeit substance or controlled 
substance
analog, whichever is greater.  The term "street value" 
shall have the
meaning ascribed in Section 110-5 of the Code of 
Criminal Procedure of
1963.  Any person sentenced with respect 
to any other provision of
subsection (a), may in addition to 
the penalties provided therein, be fined
an amount not to 
exceed $500,000.
    (b-1) Excluding violations of this Act when the controlled 
substance is fentanyl, any person sentenced to a term of 
imprisonment with respect to violations of Section 401, 401.1, 
405, 405.1, 405.2, or 407, when the substance containing the  
controlled substance contains any amount of fentanyl, 3 years 
shall be added to the term of imprisonment imposed by the 
court, and the maximum sentence for the offense shall be 
increased by 3 years.


    (c) Any person who violates this Section with regard to the

following amounts of controlled or counterfeit substances
or 
controlled substance analogs, notwithstanding any of the 
provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) 
to the
contrary, is guilty of a Class 1 felony.  The fine for 
violation of this
subsection (c) shall not be more than 
$250,000:


        (1) 1 gram or more but less than 15 grams of any

    substance containing heroin, or an analog thereof;

        (1.5) 1 gram or more but less than 15 grams of any 
    substance containing fentanyl, or an analog thereof;


        (2) 1 gram or more but less than 15
grams of any 
    substance containing cocaine, or an analog thereof;


        (3) 10 grams or more but less than 15 grams of any 
    substance
containing morphine, or an analog thereof;


        (4) 50 grams or more but less than 200 grams of any 
    substance
containing peyote, or an analog thereof;


        (5) 50 grams or more but less than 200 grams of any 
    substance
containing a derivative of barbituric acid or any 
    of the salts of a
derivative of barbituric acid, or an 
    analog thereof;


        (6) 50 grams or more but less than 200 grams of any 
    substance
containing amphetamine or any salt of an optical 
    isomer
of amphetamine, or an analog thereof;


        (6.5) (blank);


        (7) (i) 5 grams or more but less than 15 grams of any 
    substance
containing lysergic acid diethylamide (LSD), or 
    an analog thereof,
or (ii)
more than 10 objects or more 
    than 10 segregated parts of an object or objects
but less 
    than 15 objects or less than 15 segregated parts of an 
    object
containing in them or having upon them any amount of 
    any substance
containing lysergic acid diethylamide (LSD), 
    or an analog thereof;


        (7.5) (i) 5 grams or more but less than 15 grams of any 
    substance listed
in paragraph (1), (2), (2.1), (2.2), (3), 
    (14.1), (19), (20), (20.1), (21), (25), or
(26) of 
    subsection (d) of Section 204, or an analog or derivative 
    thereof, or
(ii) more than 10 pills, tablets, caplets, 
    capsules, or objects but less than
15 pills, tablets, 
    caplets, capsules, or objects containing in them or having

    upon them any  amount of any substance listed in paragraph 
    (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), 
    (21), (25), or (26) of subsection (d) of
Section 204, or an 
    analog or derivative thereof;


        (8) 10 grams or more but less than 30 grams of any 
    substance
containing pentazocine or any of the salts, 
    isomers and salts of isomers of
pentazocine, or an analog 
    thereof;


        (9) 10 grams or more but less than 30 grams of any 
    substance
containing methaqualone or any of the salts, 
    isomers and salts of isomers
of methaqualone, or an analog 
    thereof;


        (10) 10 grams or more but less than 30 grams of any 
    substance
containing phencyclidine or any of the salts, 
    isomers and salts of isomers
of phencyclidine (PCP), or an 
    analog thereof;


        (10.5) 10 grams or more but less than 30 grams of any 
    substance
containing ketamine or any of the salts, isomers 
    and salts of
isomers of ketamine, or an analog thereof;

        (10.6) 50 grams or more but less than 100 grams of any 
    substance containing hydrocodone, or any of the salts, 
    isomers and salts of isomers of hydrocodone, or an analog 
    thereof;
        (10.7) 50 grams or more but less than 100 grams of any 
    substance containing dihydrocodeinone, or any of the 
    salts, isomers and salts of isomers of dihydrocodeinone, or 
    an analog thereof;
        (10.8) 50 grams or more but less than 100 grams of any 
    substance containing dihydrocodeine, or any of the salts, 
    isomers and salts of isomers of dihydrocodeine, or an 
    analog thereof;
        (10.9) 50 grams or more but less than 100 grams of any 
    substance containing oxycodone, or any of the salts, 
    isomers and salts of isomers of oxycodone, or an analog 
    thereof; 

        (11) 50 grams or more but less than 200 grams of any 
    substance
containing a substance classified in Schedules I 
    or II, or an analog
thereof, which is not otherwise 
    included in this subsection.

    (c-5) (Blank).

    (d) Any person who violates this Section with regard to any 
other
amount of a controlled or counterfeit substance 
containing dihydrocodeinone or dihydrocodeine  or classified in

Schedules I or II, or an analog thereof, which is (i) a 
narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an 
analog thereof,
(iii) any
substance containing amphetamine or 
fentanyl or any salt or optical
isomer of amphetamine or 
fentanyl, or an analog thereof, or (iv) any
substance 
containing  N-Benzylpiperazine (BZP) or any salt or optical

isomer of N-Benzylpiperazine (BZP), or an analog thereof, is 
guilty
of a Class 2 felony. The fine for violation of this 
subsection (d) shall
not be more than $200,000.

    (d-5) (Blank).

    (e) Any person who violates this Section with regard to any 
other
amount of a controlled substance other than 
methamphetamine or counterfeit substance classified in

Schedule I or II, or an analog thereof, which substance is not

included under subsection (d) of this Section, is
guilty of a 
Class 3 felony. The fine for violation of this subsection (e)

shall not be more than $150,000.

    (f) Any person who violates this Section with regard to any 
other
amount of a controlled or counterfeit substance 
classified in
Schedule III is guilty of a Class 3 felony. The 
fine for violation of
this subsection (f) shall not be more 
than $125,000.

    (g) Any person who violates this Section with regard to any 
other
amount of a controlled or counterfeit substance 
classified
in Schedule IV is guilty of a Class 3 felony. The 
fine for violation of
this subsection (g) shall not be more 
than $100,000.

    (h) Any person who violates this Section with regard to any 
other
amount of a controlled or counterfeit substance 
classified in
Schedule V is guilty of a Class 3 felony. The 
fine for violation of this
subsection (h) shall not be more 
than $75,000.

    (i) This Section does not apply to the manufacture, 
possession or
distribution of a substance in conformance with 
the provisions of an approved
new drug application or an 
exemption for investigational use within the
meaning of Section 
505 of the Federal Food, Drug and Cosmetic Act.

    (j) (Blank).

(Source: P.A. 95-259, eff. 8-17-07; 96-347, eff. 1-1-10.)