093_HB2843sam001
LRB093 06698 RLC 15847 a
1 AMENDMENT TO HOUSE BILL 2843
2 AMENDMENT NO. . Amend House Bill 2843 as follows:
3 on page 1, by inserting between lines 3 and 4 the following:
4 "Section 2. The Criminal Code of 1961 is amended by
5 changing Section 21-1.5 as follows:
6 (720 ILCS 5/21-1.5)
7 Sec. 21-1.5. Anhydrous ammonia equipment, containers,
8 and facilities.
9 (a) It is unlawful for any person to tamper with
10 anhydrous ammonia equipment, containers, or storage
11 facilities.
12 (b) Tampering with anhydrous ammonia equipment,
13 containers, or storage facilities occurs when any person who
14 is not authorized by the owner of the anhydrous ammonia,
15 anhydrous ammonia equipment, storage containers, or storage
16 facilities transfers or attempts to transfer anhydrous
17 ammonia to another container, causes damage to the anhydrous
18 ammonia equipment, storage container, or storage facility, or
19 vents or attempts to vent anhydrous ammonia into the
20 environment.
21 (b-5) It is unlawful for any person to transport
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1 anhydrous ammonia in a portable container if the container is
2 not a package authorized for anhydrous ammonia transportation
3 as defined in rules adopted under the Illinois Hazardous
4 Materials Transportation Act. For purposes of this
5 subsection (b-5), an authorized package includes a package
6 previously authorized under the Illinois Hazardous Materials
7 Transportation Act.
8 (b-10) For purposes of this Section:
9 "Anhydrous ammonia" means the compound defined in
10 paragraph (d) of Section 3 of the Illinois Fertilizer Act of
11 1961.
12 "Anhydrous ammonia equipment", "anhydrous ammonia storage
13 containers", and "anhydrous ammonia storage facilities" are
14 defined in rules adopted under the Illinois Fertilizer Act of
15 1961.
16 (c) Sentence. A violation of subsection (a) or (b) of
17 this Section is a Class A misdemeanor. A violation of
18 subsection (b-5) of this Section is a Class 4 felony.
19 (Source: P.A. 91-402, eff. 1-1-00; 91-889, eff. 1-1-01;
20 92-16, eff. 6-28-01.)"; and
21 on page 1, by replacing line 5 with the following:
22 "amended by changing Section 102 and adding Section 405.3 as
23 follows:
24 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
25 Sec. 102. Definitions. As used in this Act, unless the
26 context otherwise requires:
27 (a) "Addict" means any person who habitually uses any
28 drug, chemical, substance or dangerous drug other than
29 alcohol so as to endanger the public morals, health, safety
30 or welfare or who is so far addicted to the use of a
31 dangerous drug or controlled substance other than alcohol as
32 to have lost the power of self control with reference to his
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1 addiction.
2 (b) "Administer" means the direct application of a
3 controlled substance, whether by injection, inhalation,
4 ingestion, or any other means, to the body of a patient or
5 research subject by:
6 (1) a practitioner (or, in his presence, by his
7 authorized agent), or
8 (2) the patient or research subject at the lawful
9 direction of the practitioner.
10 (c) "Agent" means an authorized person who acts on
11 behalf of or at the direction of a manufacturer, distributor,
12 or dispenser. It does not include a common or contract
13 carrier, public warehouseman or employee of the carrier or
14 warehouseman.
15 (c-1) "Anabolic Steroids" means any drug or hormonal
16 substance, chemically and pharmacologically related to
17 testosterone (other than estrogens, progestins, and
18 corticosteroids) that promotes muscle growth, and includes:
19 (i) boldenone,
20 (ii) chlorotestosterone,
21 (iii) chostebol,
22 (iv) dehydrochlormethyltestosterone,
23 (v) dihydrotestosterone,
24 (vi) drostanolone,
25 (vii) ethylestrenol,
26 (viii) fluoxymesterone,
27 (ix) formebulone,
28 (x) mesterolone,
29 (xi) methandienone,
30 (xii) methandranone,
31 (xiii) methandriol,
32 (xiv) methandrostenolone,
33 (xv) methenolone,
34 (xvi) methyltestosterone,
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1 (xvii) mibolerone,
2 (xviii) nandrolone,
3 (xix) norethandrolone,
4 (xx) oxandrolone,
5 (xxi) oxymesterone,
6 (xxii) oxymetholone,
7 (xxiii) stanolone,
8 (xxiv) stanozolol,
9 (xxv) testolactone,
10 (xxvi) testosterone,
11 (xxvii) trenbolone, and
12 (xxviii) any salt, ester, or isomer of a drug
13 or substance described or listed in this paragraph,
14 if that salt, ester, or isomer promotes muscle
15 growth.
16 Any person who is otherwise lawfully in possession of an
17 anabolic steroid, or who otherwise lawfully manufactures,
18 distributes, dispenses, delivers, or possesses with intent to
19 deliver an anabolic steroid, which anabolic steroid is
20 expressly intended for and lawfully allowed to be
21 administered through implants to livestock or other nonhuman
22 species, and which is approved by the Secretary of Health and
23 Human Services for such administration, and which the person
24 intends to administer or have administered through such
25 implants, shall not be considered to be in unauthorized
26 possession or to unlawfully manufacture, distribute,
27 dispense, deliver, or possess with intent to deliver such
28 anabolic steroid for purposes of this Act.
29 (d) "Administration" means the Drug Enforcement
30 Administration, United States Department of Justice, or its
31 successor agency.
32 (e) "Control" means to add a drug or other substance, or
33 immediate precursor, to a Schedule under Article II of this
34 Act whether by transfer from another Schedule or otherwise.
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1 (f) "Controlled Substance" means a drug, substance, or
2 immediate precursor in the Schedules of Article II of this
3 Act.
4 (g) "Counterfeit substance" means a controlled
5 substance, which, or the container or labeling of which,
6 without authorization bears the trademark, trade name, or
7 other identifying mark, imprint, number or device, or any
8 likeness thereof, of a manufacturer, distributor, or
9 dispenser other than the person who in fact manufactured,
10 distributed, or dispensed the substance.
11 (h) "Deliver" or "delivery" means the actual,
12 constructive or attempted transfer of possession of a
13 controlled substance, with or without consideration, whether
14 or not there is an agency relationship.
15 (i) "Department" means the Illinois Department of Human
16 Services (as successor to the Department of Alcoholism and
17 Substance Abuse) or its successor agency.
18 (j) "Department of State Police" means the Department of
19 State Police of the State of Illinois or its successor
20 agency.
21 (k) "Department of Corrections" means the Department of
22 Corrections of the State of Illinois or its successor agency.
23 (l) "Department of Professional Regulation" means the
24 Department of Professional Regulation of the State of
25 Illinois or its successor agency.
26 (m) "Depressant" or "stimulant substance" means:
27 (1) a drug which contains any quantity of (i)
28 barbituric acid or any of the salts of barbituric acid
29 which has been designated as habit forming under section
30 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
31 U.S.C. 352 (d)); or
32 (2) a drug which contains any quantity of (i)
33 amphetamine or methamphetamine and any of their optical
34 isomers; (ii) any salt of amphetamine or methamphetamine
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1 or any salt of an optical isomer of amphetamine; or (iii)
2 any substance which the Department, after investigation,
3 has found to be, and by rule designated as, habit forming
4 because of its depressant or stimulant effect on the
5 central nervous system; or
6 (3) lysergic acid diethylamide; or
7 (4) any drug which contains any quantity of a
8 substance which the Department, after investigation, has
9 found to have, and by rule designated as having, a
10 potential for abuse because of its depressant or
11 stimulant effect on the central nervous system or its
12 hallucinogenic effect.
13 (n) (Blank).
14 (o) "Director" means the Director of the Department of
15 State Police or the Department of Professional Regulation or
16 his designated agents.
17 (p) "Dispense" means to deliver a controlled substance
18 to an ultimate user or research subject by or pursuant to the
19 lawful order of a prescriber, including the prescribing,
20 administering, packaging, labeling, or compounding necessary
21 to prepare the substance for that delivery.
22 (q) "Dispenser" means a practitioner who dispenses.
23 (r) "Distribute" means to deliver, other than by
24 administering or dispensing, a controlled substance.
25 (s) "Distributor" means a person who distributes.
26 (t) "Drug" means (1) substances recognized as drugs in
27 the official United States Pharmacopoeia, Official
28 Homeopathic Pharmacopoeia of the United States, or official
29 National Formulary, or any supplement to any of them; (2)
30 substances intended for use in diagnosis, cure, mitigation,
31 treatment, or prevention of disease in man or animals; (3)
32 substances (other than food) intended to affect the structure
33 of any function of the body of man or animals and (4)
34 substances intended for use as a component of any article
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1 specified in clause (1), (2), or (3) of this subsection. It
2 does not include devices or their components, parts, or
3 accessories.
4 (t-5) "Euthanasia agency" means an entity certified by
5 the Department of Professional Regulation for the purpose of
6 animal euthanasia that holds an animal control facility
7 license or animal shelter license under the Animal Welfare
8 Act. A euthanasia agency is authorized to purchase, store,
9 possess, and utilize Schedule II nonnarcotic and Schedule III
10 nonnarcotic drugs for the sole purpose of animal euthanasia.
11 (u) "Good faith" means the prescribing or dispensing of
12 a controlled substance by a practitioner in the regular
13 course of professional treatment to or for any person who is
14 under his treatment for a pathology or condition other than
15 that individual's physical or psychological dependence upon
16 or addiction to a controlled substance, except as provided
17 herein: and application of the term to a pharmacist shall
18 mean the dispensing of a controlled substance pursuant to the
19 prescriber's order which in the professional judgment of the
20 pharmacist is lawful. The pharmacist shall be guided by
21 accepted professional standards including, but not limited to
22 the following, in making the judgment:
23 (1) lack of consistency of doctor-patient
24 relationship,
25 (2) frequency of prescriptions for same drug by one
26 prescriber for large numbers of patients,
27 (3) quantities beyond those normally prescribed,
28 (4) unusual dosages,
29 (5) unusual geographic distances between patient,
30 pharmacist and prescriber,
31 (6) consistent prescribing of habit-forming drugs.
32 (u-1) "Home infusion services" means services provided
33 by a pharmacy in compounding solutions for direct
34 administration to a patient in a private residence, long-term
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1 care facility, or hospice setting by means of parenteral,
2 intravenous, intramuscular, subcutaneous, or intraspinal
3 infusion.
4 (v) "Immediate precursor" means a substance:
5 (1) which the Department has found to be and by
6 rule designated as being a principal compound used, or
7 produced primarily for use, in the manufacture of a
8 controlled substance;
9 (2) which is an immediate chemical intermediary
10 used or likely to be used in the manufacture of such
11 controlled substance; and
12 (3) the control of which is necessary to prevent,
13 curtail or limit the manufacture of such controlled
14 substance.
15 (w) "Instructional activities" means the acts of
16 teaching, educating or instructing by practitioners using
17 controlled substances within educational facilities approved
18 by the State Board of Education or its successor agency.
19 (x) "Local authorities" means a duly organized State,
20 County or Municipal peace unit or police force.
21 (y) "Look-alike substance" means a substance, other than
22 a controlled substance which (1) by overall dosage unit
23 appearance, including shape, color, size, markings or lack
24 thereof, taste, consistency, or any other identifying
25 physical characteristic of the substance, would lead a
26 reasonable person to believe that the substance is a
27 controlled substance, or (2) is expressly or impliedly
28 represented to be a controlled substance or is distributed
29 under circumstances which would lead a reasonable person to
30 believe that the substance is a controlled substance. For the
31 purpose of determining whether the representations made or
32 the circumstances of the distribution would lead a reasonable
33 person to believe the substance to be a controlled substance
34 under this clause (2) of subsection (y), the court or other
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1 authority may consider the following factors in addition to
2 any other factor that may be relevant:
3 (a) statements made by the owner or person in
4 control of the substance concerning its nature, use or
5 effect;
6 (b) statements made to the buyer or recipient that
7 the substance may be resold for profit;
8 (c) whether the substance is packaged in a manner
9 normally used for the illegal distribution of controlled
10 substances;
11 (d) whether the distribution or attempted
12 distribution included an exchange of or demand for money
13 or other property as consideration, and whether the
14 amount of the consideration was substantially greater
15 than the reasonable retail market value of the substance.
16 Clause (1) of this subsection (y) shall not apply to a
17 noncontrolled substance in its finished dosage form that was
18 initially introduced into commerce prior to the initial
19 introduction into commerce of a controlled substance in its
20 finished dosage form which it may substantially resemble.
21 Nothing in this subsection (y) prohibits the dispensing
22 or distributing of noncontrolled substances by persons
23 authorized to dispense and distribute controlled substances
24 under this Act, provided that such action would be deemed to
25 be carried out in good faith under subsection (u) if the
26 substances involved were controlled substances.
27 Nothing in this subsection (y) or in this Act prohibits
28 the manufacture, preparation, propagation, compounding,
29 processing, packaging, advertising or distribution of a drug
30 or drugs by any person registered pursuant to Section 510 of
31 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
32 (y-1) "Mail-order pharmacy" means a pharmacy that is
33 located in a state of the United States, other than Illinois,
34 that delivers, dispenses or distributes, through the United
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1 States Postal Service or other common carrier, to Illinois
2 residents, any substance which requires a prescription.
3 (z) "Manufacture" means the production, preparation,
4 propagation, compounding, conversion or processing of a
5 controlled substance, either directly or indirectly, by
6 extraction from substances of natural origin, or
7 independently by means of chemical synthesis, or by a
8 combination of extraction and chemical synthesis, and
9 includes any packaging or repackaging of the substance or
10 labeling of its container, except that this term does not
11 include:
12 (1) by an ultimate user, the preparation or
13 compounding of a controlled substance for his own use; or
14 (2) by a practitioner, or his authorized agent
15 under his supervision, the preparation, compounding,
16 packaging, or labeling of a controlled substance:
17 (a) as an incident to his administering or
18 dispensing of a controlled substance in the course
19 of his professional practice; or
20 (b) as an incident to lawful research,
21 teaching or chemical analysis and not for sale.
22 (z-1) "Methamphetamine manufacturing chemical" means any
23 of the following chemicals or substances containing any of
24 the following chemicals: benzyl methyl ketone, ephedrine,
25 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
26 pseudoephedrine, or red phosphorous or any of the salts,
27 optical isomers, or salts of optical isomers of the
28 above-listed chemicals.
29 (aa) "Narcotic drug" means any of the following, whether
30 produced directly or indirectly by extraction from substances
31 of natural origin, or independently by means of chemical
32 synthesis, or by a combination of extraction and chemical
33 synthesis:
34 (1) opium and opiate, and any salt, compound,
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1 derivative, or preparation of opium or opiate;
2 (2) any salt, compound, isomer, derivative, or
3 preparation thereof which is chemically equivalent or
4 identical with any of the substances referred to in
5 clause (1), but not including the isoquinoline alkaloids
6 of opium;
7 (3) opium poppy and poppy straw;
8 (4) coca leaves and any salts, compound, isomer,
9 salt of an isomer, derivative, or preparation of coca
10 leaves including cocaine or ecgonine, and any salt,
11 compound, isomer, derivative, or preparation thereof
12 which is chemically equivalent or identical with any of
13 these substances, but not including decocainized coca
14 leaves or extractions of coca leaves which do not contain
15 cocaine or ecgonine (for the purpose of this paragraph,
16 the term "isomer" includes optical, positional and
17 geometric isomers).
18 (bb) "Nurse" means a registered nurse licensed under the
19 Nursing and Advanced Practice Nursing Act.
20 (cc) (Blank).
21 (dd) "Opiate" means any substance having an addiction
22 forming or addiction sustaining liability similar to morphine
23 or being capable of conversion into a drug having addiction
24 forming or addiction sustaining liability.
25 (ee) "Opium poppy" means the plant of the species
26 Papaver somniferum L., except its seeds.
27 (ff) "Parole and Pardon Board" means the Parole and
28 Pardon Board of the State of Illinois or its successor
29 agency.
30 (gg) "Person" means any individual, corporation,
31 mail-order pharmacy, government or governmental subdivision
32 or agency, business trust, estate, trust, partnership or
33 association, or any other entity.
34 (hh) "Pharmacist" means any person who holds a
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1 certificate of registration as a registered pharmacist, a
2 local registered pharmacist or a registered assistant
3 pharmacist under the Pharmacy Practice Act of 1987.
4 (ii) "Pharmacy" means any store, ship or other place in
5 which pharmacy is authorized to be practiced under the
6 Pharmacy Practice Act of 1987.
7 (jj) "Poppy straw" means all parts, except the seeds, of
8 the opium poppy, after mowing.
9 (kk) "Practitioner" means a physician licensed to
10 practice medicine in all its branches, dentist, podiatrist,
11 veterinarian, scientific investigator, pharmacist, physician
12 assistant, advanced practice nurse, licensed practical nurse,
13 registered nurse, hospital, laboratory, or pharmacy, or other
14 person licensed, registered, or otherwise lawfully permitted
15 by the United States or this State to distribute, dispense,
16 conduct research with respect to, administer or use in
17 teaching or chemical analysis, a controlled substance in the
18 course of professional practice or research.
19 (ll) "Pre-printed prescription" means a written
20 prescription upon which the designated drug has been
21 indicated prior to the time of issuance.
22 (mm) "Prescriber" means a physician licensed to practice
23 medicine in all its branches, dentist, podiatrist or
24 veterinarian who issues a prescription, a physician assistant
25 who issues a prescription for a Schedule III, IV, or V
26 controlled substance in accordance with Section 303.05 and
27 the written guidelines required under Section 7.5 of the
28 Physician Assistant Practice Act of 1987, or an advanced
29 practice nurse with prescriptive authority in accordance with
30 Section 303.05 and a written collaborative agreement under
31 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
32 Nursing Act.
33 (nn) "Prescription" means a lawful written, facsimile,
34 or verbal order of a physician licensed to practice medicine
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1 in all its branches, dentist, podiatrist or veterinarian for
2 any controlled substance, of a physician assistant for a
3 Schedule III, IV, or V controlled substance in accordance
4 with Section 303.05 and the written guidelines required under
5 Section 7.5 of the Physician Assistant Practice Act of 1987,
6 or of an advanced practice nurse who issues a prescription
7 for a Schedule III, IV, or V controlled substance in
8 accordance with Section 303.05 and a written collaborative
9 agreement under Sections 15-15 and 15-20 of the Nursing and
10 Advanced Practice Nursing Act.
11 (oo) "Production" or "produce" means manufacture,
12 planting, cultivating, growing, or harvesting of a controlled
13 substance.
14 (pp) "Registrant" means every person who is required to
15 register under Section 302 of this Act.
16 (qq) "Registry number" means the number assigned to each
17 person authorized to handle controlled substances under the
18 laws of the United States and of this State.
19 (rr) "State" includes the State of Illinois and any
20 state, district, commonwealth, territory, insular possession
21 thereof, and any area subject to the legal authority of the
22 United States of America.
23 (ss) "Ultimate user" means a person who lawfully
24 possesses a controlled substance for his own use or for the
25 use of a member of his household or for administering to an
26 animal owned by him or by a member of his household.
27 (Source: P.A. 91-403, eff. 1-1-00; 91-714, eff. 6-2-00;
28 92-449, eff. 1-1-02.)".