HB0001 103RD GENERAL ASSEMBLY

LRB103 04680 CPF 49688 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0001

Introduced 1/12/2023, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 2630/5.2
30 ILCS 105/5.990 new
30 ILCS 105/5.991 new
35 ILCS 1010/1-45
720 ILCS 570/102	from Ch. 56 1/2, par. 1102
720 ILCS 570/204	from Ch. 56 1/2, par. 1204

Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Public Health for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforce the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Illinois Liquor Control Commission, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking; taxes; fees; zoning; labeling; and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Provides that specified records shall be expunged prior to (i) January 1, 2024 (rather than January 1, 2023) and (ii) January 1, 2026 (rather than January 1, 2025). Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Effective immediately.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Compassionate Use and Research of Entheogens Act.

Section 5. Findings. The General Assembly finds that:

(1) The War on Drugs has given rise to significant financial and social costs, and the policies behind the War on Drugs reflect neither a modern understanding of substance use nor the actual risks or potential therapeutic benefits of the substances that have been criminalized.

(2) Moreover, criminalization has not deterred drug use. Instead, it has made drug use less safe and has created an unregulated, underground market in which dosages are difficult to verify and dangerous adulterants, such as fentanyl, are common.

(3) Lack of honest drug education has laid the groundwork for decades of misinformation, stigma, and cultural appropriation, which have all contributed to increasing the dangers of drug use.

(4) Harm reduction tools, including drug-checking kits, scales, and capsules, allow users to make safe and more accurate, evidence-based decisions about their personal use of these substances, and allowing the use of such tools can increase public health and safety.

(5) Research is advancing to support the use of psychedelic compounds, along with psychotherapy, to treat mental health disorders, such as anxiety, depression, post-traumatic stress disorder, and substance use disorder.

(6) Voters of the city and county of Denver, Colorado approved Ordinance 301 in May of 2019, making the personal possession and use of the natural medicine psilocybin by adults the lowest level of law enforcement priority in Denver and to prohibit the city and county from spending resources enforcing related penalties.

(7) Measures 109 and 110 in Oregon, which both passed in November 2020, established a regulated psilocybin therapy system in Oregon to provide people therapeutic access to psilocybin and decriminalized the personal possession of all drugs.

(8) Almost 20 countries around the world, including Portugal, the Czech Republic, and Spain, have expressly or effectively decriminalized the personal use of all substances.

(9) The City of Oakland, California, and the City of Santa Cruz, California have passed resolutions decriminalizing or deprioritizing the enforcement of laws regulating the possession, use, and propagation of psychedelic plants and fungi. Since June 2019, the following cities have also decriminalized the possession, use, and propagation of psychedelic plants and fungi at the local level: Ann Arbor, Michigan; Somerville, Massachusetts; and Cambridge, Massachusetts. In 2020, Washington, D.C., passed Initiative 81 to decriminalize and deprioritize the enforcement of laws regulating the possession and use of psychedelic plants and fungi with 76% voter approval.

(10) The State of Colorado passed Proposition 122 in November of 2022, decriminalizing the possession of psychedelic plants and fungi and eventually allowing state-licensed treatment centers to administer the compounds of psychedelic plants and fungi under the supervision of trained staff.

(11) To transition away from criminalization models while protecting people who use or may use drugs and reduce negative environmental or cultural impacts, it is necessary to review the full legal context in which these changes to the law are made. It is also necessary to incorporate evidence-based policy, consult with experts, and maintain open discourse based in harm reduction, reciprocity, and human rights during the process of developing alternative regulatory systems.

(12) Criminalizing psychedelic plants and fungi has denied people access to accurate education and harm reduction information related to the use of psychedelic compounds and limited the development of appropriate training for first responders and multi-responders, including law enforcement, emergency medical services, and fire services.

(13) Illinoisans deserve more tools to address mental health issues, including approaches using psychedelic plants and fungi that are grounded in treatment, recovery, cultural competency, and wellness rather than criminalization, suffering, and punishment.

(14) This Act will allow for the noncommercial, personal use and sharing of specified controlled substances, including for the purpose of group counseling, community-based healing, or other related services.

(15) These changes in law will not displace any restrictions on driving or operating a vehicle while impaired, an employer's ability to restrict the use of controlled substances by its employees, or the legal standard for negligence.

(16) Peyote is specifically excluded from the list of substances to be decriminalized, including any cultivation, harvest, extraction, tincture, or other product manufactured or derived therefrom, because of the nearly endangered status of the peyote plant and the special significance peyote holds in Native American spirituality. Furthermore, this Act does not amend or repeal paragraph (12) of subsection (d) of Section 204 of the Illinois Controlled Substances Act, which identifies peyote and its derivatives as a Schedule I drug.

(17) The State of Illinois fully respects and supports the continued Native American possession and use of peyote under federal law, 42 U.S.C. 1996a, understanding that Native Americans in the United States were persecuted and prosecuted for their ceremonial practices, including the use of peyote, for more than a century, and had to fight numerous legal and political battles to achieve the current protected status. The enactment of this legislation does not intend to explicitly or implicitly undermine that status.

(18) Research conducted by domestic and international medical institutions indicates that psilocybin is efficacious and safe for the treatment of a variety of mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(19) The United States Food and Drug Administration has:

(A) determined that preliminary clinical evidence indicates that psilocybin may demonstrate substantial improvement over available therapies for treatment-resistant depression; and

(B) granted a "Breakthrough Therapy" designation for a treatment that uses psilocybin as a therapy for such depression.

(20) During a 2-year program development period, the Department should:

(A) examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions; and

(B) adopt rules and regulations for the eventual implementation of a comprehensive regulatory framework that will allow persons 18 years of age and older in this State to be provided psilocybin services.

(21) An advisory board should be established within the Department for the purpose of advising and making recommendations to the Department.

Section 10. Purposes.

(a) The purpose of this Act is to establish a new, compassionate, and effective approach to entheogens by:

(1) Adopting a public health and harm reduction approach to natural medicines by removing criminal penalties for the possession of some entheogens for personal use by adults who are 18 years of age or older.

(2) Developing and promoting public education related to the use of entheogens and appropriate training for first responders.

(3) Reducing the prevalence of behavioral health disorders among adults in this State to improve the physical, mental, and social well-being of all people in this State.

(4) Promoting health and healing by reducing focus on criminal punishments for persons who suffer from mental health issues by establishing regulated access to natural medicines through a humane, cost-effective, and responsible approach.

(5) Developing a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible, and affordable option for all persons 18 years of age and older in this State for whom psilocybin may be appropriate.

(6) Protecting the safety, welfare, health, and peace of the people of this State by prioritizing this State's limited law enforcement resources in the most effective, consistent, and rational way.

(7) After a 2-year program development period:

(A) permitting persons licensed, controlled, and regulated by this State to legally manufacture psilocybin products and provide psilocybin services to persons 18 years of age and older, subject to the provisions of this Act;

(B) establishing a comprehensive regulatory framework concerning psilocybin products and psilocybin services under State law; and

(C) preparing proposed rules for the addition of botanical forms of dimethyltryptamine, ibogaine (except ibogaine from iboga), and mescaline (except mescaline from peyote) to substances regulated under this Act on or before June 1, 2027.

(b) The People of the State of Illinois intend that the provisions of this Act, together with other provisions of State law, will prevent:

(1) the distribution of psilocybin products to other persons who are not permitted to possess psilocybin products under the provisions of this Act and rules adopted under this Act, including, but not limited to, persons under 18 years of age; and

(2) the diversion of psilocybin products from this State to other states.

Section 15. Construction. This Act may not be construed to:

(1) Require a government medical assistance program or private health insurer to reimburse a person for costs associated with the use of psilocybin products.

(2) Amend or affect State or federal law pertaining to employment matters.

(3) Amend or affect State or federal law pertaining to landlord-tenant matters.

(4) Prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession, or use of psilocybin products to the extent necessary to satisfy federal requirements for the grant.

(5) Prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession, or use of psilocybin products to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract.

(6) Require a person to violate a federal law.

(7) Exempt a person from a federal law or obstruct the enforcement of a federal law.

(8) Amend or affect State law to the extent that a person does not manufacture, deliver, or possess psilocybin products in accordance with the provisions of this Act and rules adopted under this Act.

Section 20. Definitions. In this Act:

"2-year program development period" means the period beginning on January 1, 2024 and ending no later than December 31, 2025.

"Administration session" means a session held under the supervision of a facilitator at which a client consumes and experiences the effects of a psilocybin product under the supervision of a facilitator.

"Advisory Board" or "Board" means the Illinois Psilocybin Advisory Board established under Section 25.

"Client" means an individual who consumes a psilocybin product in an administration session in this State.

"Department" means the Department of Public Health.

"Entheogen" means the following substances in any form, regardless of whether the substance is regulated under the federal Controlled Substances Act or the Illinois Controlled Substances Act:

(1) Dimethyltryptamine.

(2) Ibogaine, except ibogaine from iboga.

(3) Mescaline, except mescaline from peyote.

(4) Psilocybin.

(5) Psilocin.

"Facilitator" means an individual who facilitates the provision of a psilocybin service in this State.

"Integration session" means a meeting between a client and a facilitator that may occur after the client completes an administration session.

"Legal entity" means a corporation, limited liability company, limited partnership, or other legal entity that is registered with the office of the Secretary of State or with a comparable office of another jurisdiction.

"Licensee" means a person who holds a license issued under Section 85, 100, 115, or 325.

"Licensee representative" means an owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity.

"Manufacture" means the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion, or processing of a psilocybin product, directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. "Manufacture" includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container.

"Premises" includes the following areas of a location licensed under this Act:

(1) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, and storerooms.

(2) All areas outside of a building that the Department has specifically licensed for the manufacturing of psilocybin products or the operation of a service center.

(3) For a location that the Department has specifically licensed for the operation of a service center outside of a building, that portion of the location used to operate the service center and provide a psilocybin service to a client.

"Premises" does not include a primary residence, unless a primary residence is necessary for the provision of a psilocybin service to a recipient who is a hospice patient or who is unable to travel to a service center due to a chronic, life-threatening illness.

"Preparation session" means a meeting between a client and a facilitator that must occur before the client participates in an administration session.

"Psilocybin" means psilocybin or psilocin.

"Psilocybin product" means:

(1) psilocybin-producing fungi; or

(2) mixtures or substances containing a detectable amount of psilocybin.

"Psilocybin product" does not include a psilocybin service.

"Psilocybin product manufacturer" means a person who manufactures a psilocybin product in this State.

"Psilocybin service" means a service provided to a client before, during, or after the client's consumption of a psilocybin product, including any of the following:

(1) A preparation session.

(2) An administration session.

(3) An integration session.

"Service center" means an establishment at which:

(1) an administration session is held;

(2) a psilocybin product is purchased; or

(2) other psilocybin services may be provided.

"Service center operator" means a person who operates a service center in this State.

Section 25. Illinois Psilocybin Advisory Board; members; terms; meetings; compensation.

(a) The Illinois Psilocybin Advisory Board is established within the Department for the purpose of advising and making recommendations to the Department. The Illinois Psilocybin Advisory Board shall consist of the following members:

(1) The members appointed by the Governor as specified under subsection (b).

(2) The Director of Public Health or the Director's designee.

(3) A designee of the State Board of Health Policy.

(b) The Governor shall appoint the following individuals to the Advisory Board:

(1) Any 4 of the following:

(A) A State employee who has technical expertise in the field of public health.

(B) A local health officer.

(C) An individual who is a member of or who represents a federally recognized Indian tribe in this State.

(D) An individual who is a member of or who represents an advisory body regarding addiction and mental health planning within the Department or the Department of Human Services.

(E) An individual who is a member of or who represents a body regarding health equity policy within the Department or the Department of Human Services.

(F) An individual who is a member of or who represents a body regarding palliative care and quality of life within the Department or the Department of Human Services.

(G) An individual who represents individuals who provide public health services directly to the public.

(2) A psychologist licensed to practice in Illinois who has professional experience engaging in the diagnosis or treatment of a mental, emotional, or behavioral condition.

(3) A psychiatrist licensed to practice in Illinois who has professional experience engaging in the diagnosis or treatment of a mental, emotional, or behavioral condition.

(4) A therapist licensed to practice in Illinois who has professional experience engaging in the diagnosis or treatment of a mental, emotional, or behavioral condition.

(5) A physician licensed to practice in Illinois who holds a degree of Doctor of Medicine.

(6) A naturopathic physician.

(7) An expert in the field of public health who has a background in academia.

(8) A Veterans Affairs service-connected disabled veteran.

(9) Any 3 of the following:

(A) A person who has professional experience conducting scientific research regarding the use of psychedelic compounds in clinical therapy.

(B) A person who has experience in the field of mycology.

(C) A person who has experience in the field of ethnobotany.

(D) A person who has experience in the field of psychopharmacology.

(E) A person who has experience in the field of psilocybin harm reduction.

(10) A person representing the Illinois Liquor Control Commission, a person who has experience working with a system developed and maintained by a State body under the Cannabis Regulation and Tax Act for tracking the transfer of cannabis or cannabis products, or a person who is both.

(11) The following:

(A) During the 2-year program development period:

(i) one of the chief petitioners of this Act; and

(ii) one or 2 at-large members.

(B) After the 2-year program development period, one, 2, or 3 at-large members.

(c) The term of office for an Advisory Board member appointed under this Section is 4 years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 of the following calendar year. Members may be eligible for reappointment. If there is a vacancy for any reason, the Governor shall make an appointment to become immediately effective for the unexpired term.

(d) Members of the Advisory Board described in paragraphs (2) and (3) of subsection (a) are nonvoting ex officio members of the Advisory Board.

(e) A majority of the voting members of the Advisory Board constitutes a quorum for the transaction of business.

(f) Official action by the Advisory Board requires the approval of a majority of the voting members of the board.

(g) The Advisory Board shall elect one of its voting members to serve as chairperson.

(h) During the 2-year program development period, the Advisory Board shall meet at least once every 2 calendar months at a time and place determined by the chairperson, or a majority of the voting members of the Advisory Board. After the 2-year program development period, the Advisory Board shall meet at least once every calendar quarter at a time and place determined by the chairperson or a majority of the voting members of the Advisory Board. The Advisory Board may also meet at other times and places specified by the call of the chairperson or of a majority of the voting members of the board.

(i) The Advisory Board may adopt rules necessary for the operation of the board.

(j) The Advisory Board may establish committees or subcommittees necessary for the operation of the board.

(k) Members of the Advisory Board are entitled to compensation and expenses.

Section 30. Duties of the Illinois Psilocybin Advisory Board.

(a) The Illinois Psilocybin Advisory Board shall perform the following duties:

(1) Provide advice to the Department with respect to the administration of this Act as it relates to accurate public health approaches regarding use, effect, and risk reduction of entheogens and the content and scope of educational campaigns related to entheogens.

(2) Make recommendations to the Department on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including, but not limited to, addiction, depression, anxiety and trauma disorders, headache disorders, and end-of-life psychological distress.

(3) Study and review the Oregon Psilocybin Services Act (Measure 109), the Colorado Natural Medicine Health Act of 2022 (Proposition 122), and relevant legislative initiatives in other states in an effort to determine successes and pitfalls that may be applied to the rulemaking process in Illinois.

(4) Review scientific and cultural literature concerning ibogaine (except ibogaine from iboga), mescaline (except mescaline from peyote), and botanical forms of dimethlyltryptamine and make recommendations to the Department concerning whether these substances may be included in this Act or a similar appropriate regulatory framework based on medical, psychological, and scientific studies, research, and other information related to the safety and efficacy of each compound to avoid an unregulated de facto market for other natural plants and fungi.

(5) Make recommendations to the Department on the requirements, specifications, and guidelines for providing psilocybin services to a client, including the following:

(A) The requirements, specifications, and guidelines for holding and verifying the completion of a preparation session, an administration session, and an integration session.

(B) The contents of the client information form that a client must complete and sign before the client participates in an administration session, giving particular consideration to the following:

(i) The information that should be solicited from the client to determine whether the client should participate in the administration session, including information that may identify risk factors and contraindications.

(ii) The information that should be solicited from the client to assist the service center operator and the facilitator in meeting any public health and safety standards and industry best practices during the administration session.

(iii) The health and safety warnings and other disclosures that should be made to the client before the client participates in the administration session.

(6) Make recommendations to the Department on public health and safety standards and industry best practices for each type of licensee under this Act.

(7) Make recommendations to the Department on the formulation of a code of professional conduct for facilitators, giving particular consideration to a code of ethics, cultural responsibility, and outlining a clear process for reporting complaints of unethical conduct by facilitators or service center employees.

(8) Make recommendations to the Department on the education, experience, and training that facilitators must achieve, giving particular consideration to the following and including whether such education, experience, and training should be available through online resources:

(A) Facilitation skills that are affirming, nonjudgmental, nondirective, trauma-informed, and rooted in informed consent.

(B) Support skills for clients during an administration session, including specialized skills for the following:

(i) Client safety.

(ii) Clients who may have a mental health condition.

(iii) Appropriate boundaries, heightened transference in expanded states of consciousness, and special precautions related to the use of touch in psilocybin sessions.

(iv) Crisis assessment and appropriate referral for those who need ongoing support if challenging mental health issues emerge in psilocybin sessions

(C) The environment in which psilocybin services should occur.

(D) Social and cultural considerations.

(E) Affordable, equitable, ethical, and culturally responsible access to entheogens and requirements to ensure that the regulated entheogen access program is equitable and inclusive.

(9) Make recommendations to the Department on the examinations that facilitators must pass.

(10) Make recommendations to the Department on public health and safety standards and industry best practices for holding and completing an administration session, including the following:

(A) Best practices surrounding group administration.

(B) How clients can safely access common or outside areas on the premises at which the administration session is held.

(C) The circumstances under which an administration session is considered complete.

(D) The transportation needs of the client after the completion of the administration session.

(11) Develop a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible, and affordable therapeutic option for all persons 18 years of age and older in this State for whom psilocybin may be appropriate.

(12) Monitor and study federal laws, regulations, and policies regarding psilocybin.

(13) On an ongoing basis, review and evaluate existing research studies and real-world data related to entheogens and make recommendations to the General Assembly and relevant State agencies as to whether entheogens and associated services should be covered under any Illinois State health insurance or other insurance program as a cost-effective intervention for various mental health conditions, including, but not limited to, end of life anxiety, substance use disorder, alcoholism, depressive disorders, neurological disorders, post-traumatic stress disorder, and other painful conditions, including, but not limited to, cluster headaches, migraines, cancer, and phantom limbs.

(14) On an ongoing basis, review and evaluate sustainability issues related to natural entheogens and their impact on indigenous cultures and document existing reciprocity efforts and continuing support measures that are needed as part of the Advisory Board's annual report.

(15) Publish an annual report describing the Advisory Board's activities, including, but not limited to, any recommendations and advice for the Department or the General Assembly.

(b) The Department shall provide technical, logistical, and other support to the Advisory Board, as requested by the Advisory Board, to assist the Advisory Board with its duties and obligations.

Section 35. Department of Public Health's general powers and duties; rules.

(a) The Department has the duties, functions, and powers specified in this Act and the powers necessary or proper to enable the Department to carry out the Department's duties, functions, and powers under this Act. The jurisdiction, supervision, duties, functions, and powers of the Department extend to any person who produces, processes, transports, delivers, sells, or purchases a psilocybin product in this State or who provides a psilocybin service in this State. The Department may sue and be sued.

(b) The duties, functions, and powers of the Department specified in this Act include the following:

(1) To examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(2) After the 2-year program development period, the following:

(A) To regulate the manufacturing, transportation, delivery, sale, and purchase of psilocybin products and the provision of psilocybin services in this State in accordance with the provisions of this Act.

(B) To issue, renew, suspend, revoke, or refuse to issue or renew licenses for the manufacturing or sale of psilocybin products, the provision of psilocybin services, or other licenses related to the consumption of psilocybin products, and to permit, at the Department's discretion, the transfer of a license between persons.

(C) To regulate the use of psilocybin products and psilocybin services for other purposes as deemed necessary or appropriate by the Department.

(3) To adopt, amend, or repeal rules as necessary to carry out the intent and provisions of this Act, including rules that the Department considers necessary to protect the public health and safety.

(4) To exercise all powers incidental, convenient, or necessary to enable the Department to administer or carry out the provisions of this Act or any other law of this State that charges the Department with a duty, function, or power related to psilocybin products or psilocybin services. Powers described in this paragraph include, but are not limited to, the following:

(A) Issuing subpoenas.

(B) Compelling the attendance of witnesses.

(C) Administering oaths.

(D) Certifying official acts.

(E) Taking depositions as provided by law.

(F) Compelling the production of books, payrolls, accounts, papers, records, documents, or testimony.

(G) Establishing fees in addition to the application, licensing, and renewal fees described in Sections 85, 100, 115, and 325 of this Act, provided that any fee established by the Department is reasonably calculated to not exceed the cost of the activity for which the fee is charged.

(5) To adopt rules prohibiting advertisement of psilocybin products to the public.

(6) To adopt rules regulating and prohibiting advertisement of psilocybin services and prohibiting advertisements for those services that:

(A) That is appealing to minors.

(B) That promotes excessive use.

(C) That promotes illegal activity.

(D) That violates the code of professional conduct for facilitators formulated by the Department.

(E) That otherwise presents a significant risk to public health and safety as determined by the Department.

(c) The Department may not require that a psilocybin product be manufactured by means of chemical synthesis.

(d) The Department may not require a client to be diagnosed with or have any particular medical condition as a prerequisite to being provided psilocybin services.

(e) Fees collected pursuant to this Section shall be deposited into the Psilocybin Control and Regulation Fund established under Section 205.

Section 40. Authority to purchase, possess, seize, transfer to a licensee, or dispose of psilocybin products. Subject to any applicable provision of Illinois law, the Department may purchase, possess, seize, transfer to a licensee, or dispose of psilocybin products as is necessary for the Department to ensure compliance with and enforce the provisions of this Act and any rule adopted under this Act.

Section 45. 2-year program development period; dates.

(a) Unless the General Assembly provides otherwise, the Department may not issue any licenses under this Act during the 2-year program development period.

(b) On or before February 28, 2024, the Governor shall appoint the individuals specified in subsection (b) of Section 25 to the Advisory Board.

(c) On or before March 31, 2024, the Advisory Board shall hold its first meeting at a time and place specified by the Governor.

(d) On or before June 30, 2024, and on a regular basis after that date, the Advisory Board shall submit its findings and recommendations to the Department on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin and other entheogens in treating mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(e) On or before June 30, 2025, the Advisory Board shall submit its findings and recommendations concerning the following to the Department:

(1) Rules and regulations for the implementation of this Act.

(2) A long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible, and affordable therapeutic option for all persons 18 years of age and older in this State for whom psilocybin may be appropriate.

(3) With respect to federal laws, regulations, and policies regarding psilocybin and other entheogens.

(f) On or before July 31, 2024, and on a regular basis after that date, the Department shall publish and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin and other entheogens in treating mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(g) On or before December 31, 2025, the Department shall prescribe forms and adopt such rules as the Department deems necessary for the implementation of this Act.

Section 50. Licensing.

(a) On or before January 2, 2025, the Department shall begin receiving applications for the licensing of persons to perform the following:

(1) Manufacture psilocybin products.

(2) Operate a service center.

(3) Facilitate psilocybin services.

(4) Test psilocybin products.

(b) Except as provided in subsection (c), an applicant for a license or renewal of a license issued under this Act shall apply to the Department in the form required by the Department by rule, showing the name and address of the applicant, the location of the facility that is to be operated under the license, and other pertinent information required by the Department. The Department may not issue or renew a license until the applicant has complied with the provisions of this Act and rules adopted under this Act.

(c) The Department may reject any application that is not submitted in the form required by the Department by rule. The Department shall give applicants an opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under applicable Illinois law.

(d) Except as provided in subsection (c), a revocation of or a refusal to issue or renew a license issued under this Act is subject to the requirements for contested case proceedings under applicable Illinois law.

(e) An applicant for a facilitator license or renewal of a facilitator license issued under Section 115 need not show the location of any premises.

(f) The Department may not license an applicant under the provisions of this Act if the applicant is under 18 years of age.

(g) The Department may refuse to issue a license or may issue a restricted license to an applicant under the provisions of this Act if the Department finds that the applicant meets any of the following conditions:

(1) Has failed to complete any of the education or training required by the provisions of this Act or rules adopted under this Act.

(2) Has failed to complete any of the examination required by the provisions of this Act or rules adopted under this Act.

(3) Is in the habit of using alcoholic beverages, habit-forming drugs, or controlled substances to excess as determined by the Department.

(4) Has made false statements to the Department.

(5) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed as determined by the Department.

(6) Has been convicted of violating a federal law, State law, or local ordinance if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license.

(7) Is not of good repute and moral character as determined by the Department.

(8) Does not have a good record of compliance with this Act or any rule adopted under this Act.

(9) Is not the legitimate owner of the premises proposed to be licensed or has not disclosed that any other person has an ownership interest in the premises proposed to be licensed.

(10) Has not demonstrated financial responsibility sufficient to adequately meet the requirements of the premises proposed to be licensed.

(11) Is unable to understand the laws of this State relating to psilocybin products, psilocybin services, or the rules adopted under this Act.

(h) Notwithstanding paragraph (6) of subsection (g), in determining whether to issue a license or a restricted license to an applicant, the Department may not consider the prior conviction of the applicant or any owner, director, officer, manager, employee, agent, or other representative of the applicant for the following:

(1) The manufacture of psilocybin or the manufacture of cannabis, as defined under Section 1-10 of the Cannabis Regulation and Tax Act, or cannabis product if any of the following apply:

(A) The date of the conviction is 2 or more years before the date of the application.

(B) The person has not been convicted more than once for the manufacture of psilocybin.

(2) The possession of a controlled substance, as defined in the Illinois Controlled Substances Act, if any of the following apply:

(A) The date of the conviction is 2 or more years before the date of the application.

(B) The person has not been convicted more than once for the possession of a controlled substance.

Section 55. Authority to require fingerprints of applicants and other individuals. For the purpose of requesting a State or nationwide criminal records check, the Department may require the fingerprints of any individual listed on an application submitted under Section 50. The powers conferred on the Department under this Section include the power to require the fingerprints of the following persons:

(1) If the applicant is a limited partnership, each general partner of the limited partnership.

(2) If the applicant is a manager-managed limited liability company, each manager of the limited liability company.

(3) If the applicant is a member-managed limited liability company, each voting member of the limited liability company.

(4) If the applicant is a corporation, each director and officer of the corporation.

(5) Any individual who holds a financial interest of 10% or more in the person applying for the license.

Section 60. Properties of license. A license issued under this Act is all of the following:

(1) A personal privilege.

(2) Renewable in the manner provided under Section 50, except for a cause that would be grounds for refusal to issue the license under Section 50.

(3) Subject to revocation or suspension as provided in Section 185.

(4) Except for a license issued to a facilitator under Section 115, transferable from the premises for which the license was originally issued to another premises subject to the provisions of this Act, applicable rules adopted under this Act, and applicable local ordinances.

(5) Subject to expiration upon the death of the licensee, if the license was issued to an individual except as provided under subsection (q) of Section 165.

(6) Not considered property.

(7) Not alienable.

(8) Not subject to attachment or execution.

(9) Not subject to descent by the laws of testate or intestate succession.

Section 65. Duties of the Department with respect to issuing licenses.

(a) The Department shall approve or deny an application to be licensed under this Act. Upon receiving an application under Section 50, the Department may not unreasonably delay processing, approving, or denying the application or, if the application is approved, issuing the license.

(b) The licenses described in this Act must be issued by the Department, subject to the provisions of this Act and rules adopted under this Act.

(c) The Department may not licensee premises that do not have defined boundaries. Premises do not need to be enclosed by a wall, fence, or other structure, but the Department may require premises to be enclosed as a condition of issuing or renewing a license. The Department may not license mobile premises.

Section 70. Duty to request land use compatibility statement.

(a) Prior to receiving a license under Section 85 or 100, an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The Department may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone.

(b) Except as otherwise provided in this Section, a city or county that receives a request for a land use compatibility statement under this Section must act on that request within 21 days after either of the following:

(1) Receipt of the request, if the land use is allowable as an outright permitted use.

(2) Final local permit approval, if the land use is allowable as a conditional use.

A city or county that receives a request for a land use compatibility statement under this Section is not required to act on that request during the period that the Department discontinues licensing those premises pursuant to subsection (d) of Section 480.

Section 75. Lawful manufacture, delivery, and possession of psilocybin products. A licensee or licensee representative may manufacture, deliver, or possess a psilocybin product subject to the provisions of this Act and rules adopted under this Act. The manufacture, delivery, or possession of a psilocybin product by a licensee or a licensee representative in compliance with this Act and rules adopted under this Act does not constitute a criminal or civil offense under the laws of this State.

Section 80. Restriction on financial interests in multiple licensees.

(a) An individual may not have a financial interest in either of the following:

(1) More than one psilocybin product manufacturer.

(2) More than 5 service center operators.

(b) Subject to subsection (a), a person may hold multiple service center operator licenses under Section 100 and may hold both a manufacturer license under Section 85 and a service center operator license under Section 100 at the same or different premises.

Section 85. License to manufacture psilocybin products.

(a) The manufacture of psilocybin products is subject to regulation by the Department.

(b) A psilocybin product manufacturer must have a manufacturer license issued by the Department for the premises at which the psilocybin products are manufactured. To hold a manufacturer license issued under this Section, a psilocybin product manufacturer must comply with the following:

(1) Apply for a license in the manner described in Section 50.

(2) Provide proof that the applicant is 18 years of age or older.

(3) Until January 1, 2027 comply with the following:

(A) If the direct owner of the business operating or to be operated under the license is a legal entity, provide proof that more than 50% of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of this State for 2 or more years.

(B) If the direct owner of the business operating or to be operated under the license is a partnership that is not a legal entity, provide proof that more than 50% of the partnership interests of the partnership are held, directly or indirectly, by one or more individuals who have been residents of this State for 2 or more years.

(C) If the direct owner of the business operating or to be operated under the license is an individual, provide proof that the individual has been a resident of this State for 2 or more years.

(4) Meet the requirements of any rule adopted by the Department under subsections (c) and (d).

(c) If the applicant is not the owner of the premises at which the psilocybin is to be manufactured, the applicant shall submit to the Department signed informed consent from the owner of the premises to manufacture psilocybin at the premises. The Department may adopt rules regarding the informed consent described in this subsection.

(d) The Department shall adopt rules that comply with the following:

(1) Require a psilocybin product manufacturer to annually renew a license issued under this Section.

(2) Establish application, licensure, and renewal of licensure fees for psilocybin product manufacturers.

(3) Require psilocybin products manufactured by psilocybin product manufacturers to be tested in accordance with Section 320.

(e) Fees adopted under paragraph (2) of subsection (d) may not exceed, together with other fees collected under this Act, the cost of administering this Act and shall be deposited into the Psilocybin Control and Regulation Fund established under Section 205.

Section 90. Psilocybin product manufacturers; endorsements.

(a) The Department shall adopt rules that designate different types of manufacturing activities. A psilocybin product manufacturer may only engage in a type of manufacturing activity if the psilocybin product manufacturer has received an endorsement from the Department for that type of manufacturing activity.

(b) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following licensure.

(c) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made.

(d) A psilocybin product manufacturer licensee may hold multiple endorsements.

(e) The Department may deny a psilocybin product manufacturer's request for an endorsement or revoke an existing endorsement if the psilocybin product manufacturer cannot or does not meet the requirements for the endorsement that is requested. If the Department denies or revokes approval, the psilocybin product manufacturer has a right to a hearing under relevant procedures specified in the Illinois Administrative Procedure Act.

Section 95. Psilocybin product quantities; rules. The Department shall adopt rules restricting the quantities of psilocybin products at premises for which a license has been issued under Section 85. In adopting rules under this Section, the Department shall take into consideration the demand for psilocybin services in this State, the number of psilocybin product manufacturers applying for a license under Section 85, the number of psilocybin product manufacturers that hold a license issued under Section 85, and whether the availability of psilocybin products in this State is commensurate with the demand for psilocybin services.

Section 100. License to operate a service center.

(a) The operation of a service center is subject to regulation by the Department.

(b) Service centers are to be regulated under the provisions of this Act and not the provisions of any other Act.

(c) A service center operator must have a service center operator license issued by the Department for the premises at which psilocybin services are provided. To hold a service center operator license under this Section, a service center operator must comply with the following:

(1) Apply for a license in the manner described in Section 50.

(2) Provide proof that the applicant is 18 years of age or older.

(3) Until January 1, 2027, comply with the following:

(A) If the direct owner of the business operating or to be operated under the license is a legal entity, provide proof that more than 50% of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of this State for 2 or more years.

(B) If the direct owner of the business operating or to be operated under the license is a partnership that is not a legal entity, provide proof that more than 50% of the partnership interests of the partnership are held, directly or indirectly, by one or more individuals who have been residents of this State for 2 or more years.

(C) If the direct owner of the business operating or to be operated under the license is an individual, provide proof that the individual has been a resident of this State for 2 or more years.

(4) Must ensure that the service center is located in an area that is not within the limits of an area zoned exclusively for residential use.

(5) Except as provided in Section 105, must ensure that the service center is not located within 1,000 feet of a public, private, or parochial school.

(6) Must meet the requirements of any rule adopted by the Department under paragraph (7).

(7) The Department shall adopt rules that comply with the following:

(A) Require a service center operator to annually renew a license issued under this Section.

(B) Establish application, licensure, and renewal of licensure fees for service center operators.

(C) Require psilocybin products sold by a service center operator to be tested in accordance with Section 320.

(D) Require a service center operator to meet any public health and safety standards and industry best practices established by the Department by rule.

(8) Fees adopted under subparagraph (B) of paragraph (7) may not exceed, together with other fees collected under this Act, the cost of administering this Act and shall be deposited into the Psilocybin Control and Regulation Fund established under Section 205.

Section 105. Proximity of service center to schools. Notwithstanding paragraph (5) of subsection (c) of Section 100, a service center may be located within 1,000 feet of a school if either of the following apply:

(1) The service center is not located within 500 feet of:

(A) a public elementary or secondary school for which attendance is compulsory under applicable provisions of the School Code; or

(B) a private or parochial elementary or secondary school.

(2) The Department determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the service center.

Section 110. Establishment of schools after issuance of license.

(a) If a school described under paragraph (5) of subsection (c) of Section 100 that has not previously been attended by children is established within 1,000 feet of premises for which a license has been issued under Section 100, the service center operator located at that premises may remain at that location unless the Department revokes the license of the service center operator under Section 180.

(b) The Department may adopt rules establishing the circumstances under which the Department may require a service center operator that holds a license issued under Section 100 to use an age verification scanner or any other equipment used to verify a person's age for the purpose of ensuring that the service center operator does not sell psilocybin products to a person under 18 years of age. Information obtained under this subsection may not be retained after verifying a person's age and may not be used for any purpose other than verifying a person's age.

Section 115. License to facilitate psilocybin services.

(a) The facilitation of psilocybin services is subject to regulation by the Department.

(b) A facilitator must have a facilitator license issued by the Department. To hold a facilitator license issued under this Section, a facilitator must comply with the following:

(1) Apply for a license in the manner described in Section 50.

(2) Provide proof that the applicant is 18 years of age or older.

(3) Until January 1, 2027, provide proof that the applicant has been a resident of this State for 2 or more years.

(4) Have a high school diploma or equivalent education.

(5) Submit evidence of completion of education and training prescribed and approved by the Department.

(6) Have passed an examination approved, administered, or recognized by the Department.

(7) Meet the requirements of any rule adopted by the Department under subsection (d).

(c) The Department may not require a facilitator to have a degree from a university, college, postsecondary institution, or other institution of higher education.

(d) The Department shall adopt rules that comply with the following:

(1) Require a facilitator to annually renew a license issued under this Section.

(2) Establish application, licensure, and renewal of licensure fees for facilitators.

(3) Require a facilitator to meet any public health and safety standards and industry best practices established by the Department by rule.

(e) Fees adopted under paragraph (2) of subsection (d) may not exceed, together with other fees collected under this Act, the cost of administering this Act and shall be deposited into the Psilocybin Control and Regulation Fund established under Section 205.

(f) A facilitator may be, but need not be, an employee, manager, director, officer, partner, member, shareholder, or direct or indirect owner of one or more service center operators.

(g) A license issued to a facilitator under this Section is not limited to any one or more premises.

Section 120. License examinations; rules. The Department shall offer an examination for applicants for licenses to facilitate psilocybin services at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the Department.

Section 125. Age verification. The Department may adopt rules establishing the circumstances under which the Department may require a facilitator that holds a license issued under Section 115 to use an age verification scanner or any other equipment used to verify a person's age for the purpose of ensuring that the facilitator does not provide psilocybin services to a person under 18 years of age. Information obtained under this Section may not be retained after verifying a person's age and may not be used for any purpose other than verifying a person's age.

Section 130. Psilocybin services. The Department shall adopt by rule the requirements, specifications, and guidelines for the following:

(1) Providing psilocybin services to a client.

(2) Holding and verifying the completion of a preparation session.

(3) Having a client complete, sign, and deliver a client information form to a service center operator and a facilitator.

(4) Holding and verifying the completion of an administration session.

(5) Holding and verifying the completion of an integration session.

Section 135. Preparation session.

(a) Before a client participates in an administration session, the client must attend a preparation session with a facilitator.

(b) A preparation session may be, but need not be, held at a service center.

(c) If a preparation session is completed in accordance with all applicable requirements, specifications, and guidelines, as determined by the Department, the facilitator must certify, in a form and manner prescribed by the Department, that the client completed the preparation session.

Section 140. Client information form.

(a) Before a client participates in an administration session, the following must occur:

(1) The client must complete and sign a client information form in a form and manner prescribed by the Department.

(2) A copy of the completed and signed client information form must be delivered to the service center operator that operates the service center at which the administration session is to be held and to the facilitator that will supervise the administration session.

(b) The client information form must comply with the following:

(1) Solicit from the client such information as may be necessary (i) to enable a service center operator and a facilitator to determine whether the client should participate in an administration session, including information that may identify risk factors and contraindications, and (ii) to assist the service center operator and the facilitator in meeting any public health and safety standards and industry best practices during the administration session.

(2) Contain such health and safety warnings and other disclosures to the client as the Department may require.

Section 145. Administration session.

(a) After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session.

(b) An administration session must be held under the supervision of a licensed facilitator.

(c) If an administration session is completed in accordance with all applicable requirements, specifications, and guidelines, as determined by the Department, the facilitator must certify, in a form and manner prescribed by the Department, that the client completed the administration session.

Section 150. Integration session.

(a) After a client completes an administration session, the facilitator who supervised the administration session must offer the client an opportunity to participate in an integration session. The client may, but need not, participate in an integration session.

(b) An integration session may be, but need not be, held at a service center.

(c) If an integration session is completed in accordance with all applicable requirements, specifications, and guidelines, as determined by the Department, the facilitator must certify, in a form and manner prescribed by the Department, that the client completed the integration session.

Section 155. Reliance on client information form.

(a) If a client information form is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is demonstrated that a reasonable person would have determined that the responses provided by the client on the client information form were incorrect or altered.

(b) A licensee or licensee representative shall be entitled to rely upon all statements, declarations, and representations made by a client in a client information form unless it is demonstrated that either:

(1) a reasonable person would have determined that one or more of the statements, declarations, or representations made by the client in the client information form were incorrect or altered; or

(2) the licensee or licensee representative violated a provision of this Act or a rule adopted under this Act relative to the client information form.

(c) Except as provided in subsection (b), no licensee or licensee representative shall incur legal liability by virtue of any untrue statement, declaration, or representation so relied upon in good faith by the licensee or licensee representative.

(d) The Department shall adopt rules for recordkeeping, privacy, and confidentiality requirements of service centers. However, the recordkeeping shall not result in disclosure to the public or any governmental agency of any participant's personally identifiable information.

Section 160. Refusal to provide psilocybin services to a client.

(a) Subject to applicable State law, a licensee or licensee representative may refuse to provide psilocybin services to a potential client for any or no reason.

(b) Except as provided in subsection (c), and subject to applicable State law, a licensee or licensee representative may cease providing psilocybin services to a client for any or no reason.

(c) A service center operator and a facilitator may not cease providing psilocybin services to a client during an administration session after the client has consumed a psilocybin product, except as authorized by the Department by rule or as necessary in an emergency.

Section 165. Department powers and duties relating to facilitators.

(a) The Department shall perform the following:

(1) Determine the qualifications, training, education, and fitness of applicants for licenses to facilitate psilocybin services, giving particular consideration to the following:

(A) Facilitation skills that are affirming, nonjudgmental, culturally competent, trauma informed, rooted in informed consent, and nondirective.

(B) Support skills for clients during an administration session, including specialized skills for the following:

(i) Client safety.

(ii) Clients who may have a mental health condition.

(C) The environment in which psilocybin services should occur.

(D) Social and cultural considerations.

(2) Formulate a code of professional conduct for facilitators, giving particular consideration to a code of ethics.

(3) Establish standards of practice and professional responsibility for individuals licensed by the Department to facilitate psilocybin services.

(4) Select licensing examinations for licenses to facilitate psilocybin services.

(5) Provide for waivers of examinations, as appropriate.

(6) Appoint representatives to conduct or supervise examinations of applicants for licenses to facilitate psilocybin services.

(b) The Department shall adopt by rule minimum standards of education and training requirements for facilitators.

(c) The Department shall approve courses for facilitators. To obtain approval of a course, the provider of a course must submit an outline of instruction to the Department. The outline must include the proposed courses, total hours of instruction, hours of lectures in theory, and the hours of instruction in application of practical skills.

(d) The Department may, after 72 hours' notice, make an examination of the books of a licensee for the purpose of determining compliance with this Act and rules adopted under this Act.

(e) The Department may at any time make an examination of premises for which a license has been issued under this Act for the purpose of determining compliance with this Act and rules adopted under this Act.

(f) The Department may not require the books of a licensee to be maintained on the premises of the licensee.

(g) If a licensee holds more than one license issued under this Act for the same premises, the Department may require the premises to be segregated into separate areas for conducting the activities permitted under each license as is necessary to protect the public health and safety.

(h) As is necessary to protect the public health and safety, the Department may require a licensee to maintain general liability insurance in an amount that the Department determines is reasonably affordable and available for the purpose of protecting the licensee against damages resulting from a cause of action related to activities undertaken pursuant to the license held by the licensee.

(i) The Department shall perform the following:

(1) Develop and maintain a system for tracking the transfer of psilocybin products between premises for which licenses have been issued under this Act. The purposes of the system include, but are not limited to, the following:

(A) Preventing the diversion of psilocybin products to other states.

(B) Preventing persons from substituting or tampering with psilocybin products.

(C) Ensuring an accurate accounting of the production, processing, and sale of psilocybin products.

(D) Ensuring that laboratory testing results are accurately reported.

(E) Ensuring compliance with this Act, rules adopted under this Act, and any other law of this State that charges the Department with a duty, function, or power related to psilocybin.

(2) Enter into an agreement with the Illinois Liquor Control Commission under which the Illinois Liquor Control Commission shall permit the Department to use any system developed and maintained by the Illinois Liquor Control Commission to track the transfer of psilocybin products between premises for which licenses have been issued under this Act.

(j) The system developed under paragraph (1) of subsection (i) must be capable of tracking, at a minimum, the following:

(1) The manufacturing of psilocybin products.

(2) The sale of psilocybin products by a service center operator to a client.

(3) The sale and purchase of psilocybin products between licensees, as permitted by this Act.

(4) The transfer of psilocybin products between premises for which licenses have been issued under this Act.

(5) Any other information that the Department determines is reasonably necessary to accomplish the duties, functions, and powers of the Department under this Act.

(k) Notwithstanding Section 470, before making any other distribution from the Illinois Psilocybin Fund established under Section 470, the Department of Revenue shall first distribute moneys quarterly from the Fund to the Illinois Liquor Control Commission for deposit into the Cannabis Regulation Fund for purposes of paying any costs incurred by the Illinois Liquor Control Commission under paragraph (2) of subsection (i). For purposes of estimating the amount of moneys necessary to pay any costs incurred under this Section, the Illinois Liquor Control Commission shall establish a formulary based on expected costs for each licensee that is tracked under this Section. The Illinois Liquor Control Commission shall provide to the Department of Revenue and the Illinois Liquor Control Commission on Government Forecasting and Accountability before each quarter the estimated amount of moneys necessary to pay costs expected to be incurred under this Section and the formulary.

(l) Except as otherwise provided by law, the Department has any power, and may perform any function, necessary for the Department to prevent the diversion of psilocybin products from licensees to a source that is not operating legally under the laws of this State.

(m) In addition to any other disciplinary action available to the Department under this Act, the Department may immediately restrict, suspend, or refuse to renew a license issued under this Act if circumstances create probable cause for the Department to conclude that a licensee has purchased or received a psilocybin product from an unlicensed source or that a licensee has sold, stored, or transferred a psilocybin product in a manner that is not permitted by the licensee's license.

(n) The Department may require a licensee or applicant for a license under this Act to submit, in a form and manner prescribed by the Department, to the Department a sworn statement showing the following:

(1) The name and address of each person who has a financial interest in the business operating or to be operated under the license.

(2) The nature and extent of the financial interest of each person who has a financial interest in the business operating or to be operated under the license.

(3) The Department may refuse to issue, or may suspend, revoke, or refuse to renew, a license issued under this Act if the Department determines that a person who has a financial interest in the business operating or to be operated under the license committed or failed to commit an act that would constitute grounds for the Department to refuse to issue, or to suspend, revoke, or refuse to renew, the license if the person is the licensee or applicant for the license.

(o) Notwithstanding the lapse, suspension, or revocation of a license issued under this Act, the Department may perform the following:

(1) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license.

(2) Revise or render void an order suspending or revoking the license.

(3) In cases involving the proposed denial of a license applied for under this Act, the applicant for licensure may not withdraw the applicant's application.

(p) Notwithstanding the lapse, suspension or revocation of a permit issued under Section 190, the Department may perform the following:

(1) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the permit.

(2) Revise or render void an order suspending or revoking the permit.

(3) In cases involving the proposed denial of a permit applied for under Section 190, the applicant may not withdraw the applicant's application.

(q) The Department may, by rule or order, provide for the manner and conditions under which the following occur:

(1) Psilocybin products left by a deceased, insolvent, or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution, or otherwise disposed of.

(2) The business of a deceased, insolvent, or bankrupt licensee may be operated for a reasonable period following the death, insolvency, or bankruptcy.

(3) A secured party may continue to operate at premises for which a license has been issued under this Act for a reasonable period after default on the indebtedness by the debtor.

Section 170. Conduct of licensees; prohibitions.

(a) A psilocybin product manufacturer that holds a license under Section 85 may not manufacture psilocybin products outdoors.

(b) A psilocybin product manufacturer that holds a license under Section 85 may deliver psilocybin products only to or on premises for which a license has been issued under Section 85 or Section 100 and may receive psilocybin products only from a psilocybin product manufacturer that holds a license under Section 85.

(c) A service center operator that holds a license under Section 100 may deliver psilocybin products only to or on premises for which a license has been issued under Section 100 and may receive psilocybin products only from a psilocybin product manufacturer that holds a license under Section 85 or a service center operator that holds a license under Section 100.

(d) The sale of psilocybin products to a client by a service center operator that holds a license issued under Section 100 must be restricted to the premises for which the license has been issued.

(e) The Department may by order waive the requirements of subsections (b) and (c) to ensure compliance with this Act or a rule adopted under this Act. An order issued under this subsection does not constitute a waiver of any other requirement of this Act or any other rule adopted under this Act.

(f) A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 18 years of age.

(g) Subject to subsection (h), a licensee or licensee representative, before selling or providing a psilocybin product to another person, must require the person to produce one of the following pieces of identification:

(1) The person's passport.

(2) The person's driver's license, issued by the State of Illinois or another state of the United States.

(3) An identification card issued by the State of Illinois.

(4) A United States military identification card.

(5) An identification card issued by a federally recognized Indian tribe.

(6) Any other identification card issued by a state or territory of the United States that bears a picture of the person, the name of the person, the person's date of birth, and a physical description of the person.

(h) The Department may adopt rules exempting a licensee or licensee representative from the provisions of subsection (g).

(i) A client may not be required to procure for the purpose of acquiring or purchasing a psilocybin product a piece of identification other than a piece of identification described in subsection (g).

(j) A service center operator, a facilitator, or any employee of a service center operator or facilitator may not disclose any information that may be used to identify a client or any communication made by a client during the course of providing psilocybin services or selling psilocybin products to the client, except for the following:

(1) When the client or a person authorized to act on behalf of the client gives consent to the disclosure.

(2) When the client initiates legal action or makes a complaint against the service center operator, the facilitator, or the employee.

(3) When the communication reveals the intent to commit a crime harmful to the client or others.

(4) When the communication reveals that a minor may have been a victim of a crime or physical, sexual, or emotional abuse or neglect.

(5) When responding to an inquiry by the Department made during the course of an investigation into the conduct of the service center operator, the facilitator, or the employee under this Act.

(k) A client may purchase a psilocybin product only at a service center.

(l) A licensee may not employ a person under 18 years of age at premises for which a license has been issued under this Act.

(m) During an inspection of premises for which a license has been issued under this Act, the Department may require proof that a person performing work at the premises is 18 years of age or older. If the person does not provide the Department with acceptable proof of age upon request, the Department may require the person to immediately cease any activity and leave the premises until the Department receives acceptable proof of age. This subsection does not apply to a person temporarily at the premises to make a service, maintenance, or repair call or for other purposes independent of the premises operations.

(n) If a person performing work has not provided proof of age requested by the Department under subsection (m), the Department may request that the licensee provide proof that the person is 18 years of age or older. Failure of the licensee to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the premises for which a license has been issued under this Act in violation of the minimum age requirement.

(o) A licensee may not use or allow the use of a mark or label on the container of a psilocybin product that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the container's contents or if the mark or label in any way might deceive a person about the nature, composition, quantity, age, or quality of the container's contents.

(p) The Department may prohibit a licensee from selling any psilocybin product that, in the Department's judgment, is deceptively labeled or contains injurious or adulterated ingredients.

Section 175. Psilocybin product prohibitions.

(a) A psilocybin product may not be sold or offered for sale within this State unless the psilocybin product complies with the minimum standards under the laws of this State.

(b) The Department may prohibit the sale of a psilocybin product by a service center operator for a reasonable period of time, not exceeding 90 days, for the purpose of determining whether the psilocybin product complies with the minimum standards prescribed by the laws of this State.

(c) A person may not make false representations or statements to the Department in order to induce or prevent action by the Department.

(d) A licensee may not maintain a noisy, lewd, unsafe, or unsanitary establishment or supply impure or otherwise deleterious psilocybin products.

(e) A licensee may not misrepresent to a person or to the public any psilocybin products.

Section 180. Purpose of licenses issued under this Act. A license issued under this Act serves the purpose of exempting the person who holds the license from the criminal laws of this State for possession, delivery, or manufacture of psilocybin products if the person complies with all State laws and rules applicable to the licensee.

Section 185. Disciplining licensees.

(a) The Department may revoke, suspend, or restrict a license issued under this Act or require a licensee or licensee representative to undergo training if the Department finds or has reasonable grounds to believe any of the following to be true:

(1) That the licensee or licensee representative:

(A) has violated a provision of this Act or a rule adopted under this Act, including any code of professional conduct or code of ethics;

(B) has made any false representation or statement to the Department in order to induce or prevent action by the Department;

(C) is insolvent or incompetent or physically unable to carry on the management of the establishment of the licensee;

(D) is in the habit of using alcoholic liquor, habit-forming drugs, cannabis, psilocybin products, or controlled substances to excess;

(E) has misrepresented to a person or the public any psilocybin products sold by the licensee or licensee representative; or

(F) since the issuance of the license has been convicted of a felony, of violating any State or local psilocybin products law, or of any misdemeanor or violation of any municipal ordinance committed on the premises for which the license has been issued.

(2) That there is any other reason that, in the opinion of the Department, based on public convenience or necessity, warrants revoking, suspending, or restricting the license.

(b) An individual who performs work for, or on behalf of, a licensee must have a valid permit issued by the Department under Section 190 if the individual participates in any of the following:

(1) The provision of psilocybin services at the premises for which the license has been issued.

(2) The possession, manufacturing, securing, or selling of psilocybin products at the premises for which the license has been issued.

(3) The recording of the possession, manufacturing, securing, or selling of psilocybin products at the premises for which the license has been issued.

(4) The verification of any document containing fingerprints required under Section 55.

(c) A licensee must verify that an individual has a valid permit issued under Section 190 before allowing the individual to perform any work described in subsection (b) at the premises for which the license has been issued.

Section 190. Issuing and renewing permits; fees; rules.

(a) The Department shall issue permits to qualified applicants to perform work described in Section 185. The Department shall adopt rules establishing the following:

(1) The qualifications for performing work described in Section 185.

(2) The term of a permit issued under this Section.

(3) Procedures for applying for and renewing a permit issued under this Section.

(4) Reasonable application, issuance, and renewal fees for a permit issued under this Section.

(b) The Department may require an individual applying for a permit under this Section to successfully complete a course, made available by or through the Department, through which the individual receives training on the following:

(1) Checking identification.

(2) Detecting intoxication.

(3) Handling psilocybin products.

(4) If applicable, the manufacturing of psilocybin products.

(5) The content of this Act and rules adopted under this Act.

(6) Any matter deemed necessary by the Department to protect the public health and safety.

(c) The Department or other provider of a course may charge a reasonable fee for the course described under subsection (b).

(d) The Department may not require an individual to successfully complete a course described under subsection (b) more than once, except for the following:

(1) As part of a final order suspending a permit issued under this Section, the Department may require a permit holder to successfully complete the course as a condition of lifting the suspension.

(2) As part of a final order revoking a permit issued under this Section, the Department shall require an individual to successfully complete the course prior to applying for a new permit.

(e) The Department shall conduct a criminal records check on an individual applying for a permit under this Section.

(f) Subject to applicable provisions of Illinois law, the Department may suspend, revoke, or refuse to issue or renew a permit if the individual who is applying for or who holds the permit meets any of the following:

(1) Is convicted of a felony, or is convicted of an offense under this Act, except that the Department may not consider a conviction for an offense under this Act if the date of the conviction is 2 or more years before the date of the application or renewal.

(2) Violates any provision of this Act or any rule adopted under this Act.

(3) Makes a false statement to the Department.

(g) A permit issued under this Section is a personal privilege and permits work described under Section 185 only for the individual who holds the permit.

Section 195. Authority to require fingerprints of individuals listed on application. For the purpose of requesting a State or nationwide criminal records check, the Department may require the fingerprints of any individual listed on an application submitted under Section 190.

Section 200. Whistleblower protection for employees. It is an unlawful employment practice for a licensee to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee of the licensee with regard to promotion, compensation, or other terms, conditions, or privileges of employment on the basis that the employee has in good faith reported information to the Department that the employee believes is evidence of a violation of this Act or a rule adopted under this Act.

Section 205. Psilocybin Control and Regulation Fund. The Psilocybin Control and Regulation Fund is established as a special fund in the State treasury. Interest earned by the Psilocybin Control and Regulation Fund shall be credited to the Fund. Moneys in the Fund are continuously appropriated to the Department to administer and enforce this Act and to develop and implement programs for education, harm reduction, social equity, and unarmed crisis prevention services.

Section 210. Prohibited conduct.

(a) Except as authorized by the Department by rule, or as necessary in an emergency, a person under 18 years of age may not enter or attempt to enter any portion of premises posted or otherwise identified as being prohibited to the use of persons under 18 years of age.

(b) A person who violates subsection (a) commits a Class B misdemeanor.

(c) The prohibitions of this Section do not apply to a person under 18 years of age who is acting under the direction of the Department or under the direction of a State or local law enforcement agency for the purpose of investigating the possible violation of a law prohibiting the sale of a psilocybin product to a person who is under 18 years of age.

(d) The prohibitions of this Section do not apply to a person under 18 years of age who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of psilocybin products to persons who are under 18 years of age.

(e) A person under 18 years of age is not in violation of, and is immune from prosecution under, this Section if either of the following occurred:

(1) The person contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for another person who was in need of medical assistance because that person consumed a psilocybin product and the evidence of the violation was obtained as a result of the person having contacted emergency medical services or a law enforcement agency.

(2) The person was in need of medical assistance because the person consumed a psilocybin product and the evidence of the violation was obtained as a result of the person having sought or obtained the medical assistance.

(f) Subsection (e) does not exclude the use of evidence obtained as a result of a person having sought medical assistance in proceedings for crimes or offenses other than a violation of this Section.

Section 215. Identification that falsely indicates age.

(a) A person may not produce any piece of identification that falsely indicates the person's age.

(b) Violation of this Section is a Class A misdemeanor.

(c) If a piece of identification is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a person under 18 years of age, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a person under 18 years of age unless it is demonstrated that a reasonable person would have determined that the identification exhibited by the person under 18 years of age was altered or that the identification exhibited by the person under 18 years of age did not accurately describe the person to whom the psilocybin product was sold or served.

Section 220. Prohibition against giving psilocybin products to a person who is visibly intoxicated; penalty.

(a) A person may not sell, give, or otherwise make available a psilocybin product to a person who is visibly intoxicated.

(b) Violation of this Section is a Class A misdemeanor.

Section 225. Prohibition against giving psilocybin product as prize; penalty.

(a) A psilocybin product may not be given as a prize, premium, or consideration for a lottery, contest, game of chance, game of skill, or competition of any kind.

(b) Violation of this Section is a Class A misdemeanor.

Section 230. Civil enforcement. In addition to any other liability or penalty provided by law, the Department may impose for each violation of a provision of this Act or a rule adopted under this Act a civil penalty that does not exceed $5,000 for each violation. Moneys collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund established under Section 205.

Section 235. Criminal enforcement.

(a) The law enforcement officers of this State may enforce this Act and assist the Department in detecting violations of this Act and apprehending offenders. A law enforcement officer who has notice, knowledge, or reasonable grounds for suspicion of a violation of this Act shall immediately notify the State's Attorney who has jurisdiction over the violation and furnish the State's Attorney who has jurisdiction over the violation with the name and address of any witnesses to the violation or other information related to the violation.

(b) A county court, State's Attorney, or municipal authority, immediately upon the conviction of a licensee of a violation of this Act or of a violation of any other law of this State or ordinance of a city or county located in this State, an element of which is the possession, delivery, or manufacture of a psilocybin product, shall notify the Department of the conviction.

(c) Violation of a rule adopted under paragraph (3) of subsection (b) of Section 35 is a Class C misdemeanor.

Section 245. Home rule; licensure. The authority to require a license for the manufacturing or sale of psilocybin products in this State or for the provision of psilocybin services in this State is an exclusive power and function of the State. A home rule unit may not license the manufacture, sale, or provision of psilocybin products. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 250. Local time, place, and manner regulations.

(a) For purposes of this Section, "reasonable regulation" includes the following:

(1) Reasonable conditions on the manner in which a psilocybin product manufacturer that holds a license issued under Section 85 may manufacture psilocybin products.

(2) Reasonable conditions on the manner in which a service center operator that holds a license issued under Section 100 may provide psilocybin services.

(3) Reasonable limitations on the hours during which premises for which a license has been issued under this Act may operate.

(4) Reasonable requirements related to the public's access to premises for which a license has been issued under this Act.

(5) Reasonable limitations on where premises for which a license may be issued under this Act may be located.

(b) Notwithstanding the provisions of any law to the contrary, the governing body of a city or county may adopt an ordinance that imposes a reasonable regulation on the operation of businesses located at premises for which a license has been issued under this Act if the premises are located in an area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not adopt an ordinance that prohibits premises for which a license has been issued under Section 100 from being located within a distance that is greater than 1,000 feet of another premises for which a license has been issued under Section 100.

Section 255. Local tax or fee prohibited.

(a) The authority to impose a tax or fee on the manufacturing, sale, or provision of psilocybin products in this State or on the provision of psilocybin services in this State is an exclusive power and function of the State. A home rule unit may not impose a tax or fee on the manufacture, sale, or provision of psilocybin products. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(b) A county, municipality, or unit of local government may not adopt or enact ordinances imposing a tax or fee on the manufacturing or sale of psilocybin products in this State or on the provision of psilocybin services in this State.

Section 260. Repeal of city or county ordinances that prohibit certain establishments.

(a) The governing body of a city or county may repeal an ordinance that prohibits the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county:

(1) Psilocybin product manufacturers that hold a license issued under Section 85.

(2) Service center operators that hold a license issued under Section 100.

(3) Any combination of the entities described in paragraphs (1) and (2).

(b) If the governing body of a city or county repeals an ordinance under this Section, the governing body must provide the text of the ordinance to the Department, in a form and manner prescribed by the Department, if the ordinance concerns premises for which a license has been issued under this Act.

Section 265. Duty of Illinois Liquor Control Commission to assist. The Illinois Liquor Control Commission shall assist and cooperate with the Department and the Department of Agriculture to the extent necessary for the Department and the Department of Agriculture to carry out the duties of the Department and the Department of Agriculture under this Act.

Section 270. Department of Agriculture to assist.

(a) The Department of Agriculture shall assist and cooperate with the Department to the extent necessary for the Department to carry out the duties of the Department under this Act.

(b) The Department of Agriculture may possess, test, and dispose of psilocybin products.

Section 275. Prohibition against refusing to perform certain duties.

(a) The Department, the Department of Agriculture, and the Illinois Liquor Control Commission may not refuse to perform any duty under this Act on the basis that manufacturing, distributing, dispensing, possessing, or using psilocybin products is prohibited by federal law.

(b) The Department may not revoke, refuse to issue, or renew a license or permit under this Act on the basis that manufacturing, distributing, dispensing, possessing, or using psilocybin products is prohibited by federal law.

Section 280. Immunity for State agencies, officers, and employees in performance of duties. A person may not sue the Department, the Department of Agriculture, the Illinois Liquor Control Commission, a member of the Illinois Liquor Control Commission, or any employee of the Department, Department of Agriculture, or Illinois Liquor Control Commission for performing or omitting to perform any duty, function, or power of the Department, the Department of Agriculture, or the Illinois Liquor Control Commission set forth in this Act or in any other law of this State requiring the Department, the Department of Agriculture, or the Illinois Liquor Control Commission to perform a duty, function, or power related to psilocybin products.

Section 285. Authority to purchase, possess, seize, or dispose of psilocybin products. Subject to any applicable provision of Illinois law, any State officer, board, commission, corporation, institution, department, or other State body, and any local officer, board, commission, institution, department, or other local government body, that is authorized by the laws of this State to perform a duty, function, or power with respect to a psilocybin product may purchase, possess, seize, or dispose of the psilocybin product as the State officer, board, commission, corporation, institution, department, or other State body or the local officer, board, commission, institution, department, or other local government body considers necessary to ensure compliance with and enforce the applicable State law or any rule adopted under the applicable State law.

Section 290. Suspension of a license or permit without notice. In the case of an invasion, disaster, insurrection, riot, or imminent danger of invasion, disaster, insurrection, or riot, the Governor may, for the duration of the invasion, disaster, insurrection, riot, or imminent danger, immediately and without notice, suspend, in the area involved, any license or permit issued under this Act.

Section 295. Psilocybin-producing fungi as a crop.

(a) In this Section, "psilocybin-producing fungi" means:

(1) A crop for the purposes of farm use.

(2) A crop for purposes of a farm or farming practice.

(3) A product of farm use.

(4) The product of an agricultural activity.

(b) Notwithstanding the provisions of any law to the contrary, the following are not permitted uses on land designated for exclusive farm use:

(1) A new dwelling used in conjunction with a psilocybin-producing fungi crop.

(2) A farm stand used in conjunction with a psilocybin-producing fungi crop.

(c) The operation of a service center may be carried on in conjunction with a psilocybin-producing fungi crop.

(d) A county may allow the manufacture of psilocybin products as a farm use on land zoned for farm or forest use in the same manner as the manufacture of psilocybin products is allowed in exclusive farm use zones under this Section or any other applicable State law.

(e) This Section applies to psilocybin product manufacturers that hold a license under Section 85.

Section 300. Regulation of psilocybin products as food or other commodity.

(a) Notwithstanding the authority granted to the Department of Agriculture under the provisions of any law to the contrary, the Department of Agriculture may not exercise authority over a psilocybin product or a licensee except as provided in this Act.

(b) In exercising its authority under this Act, the Department of Agriculture may not:

(1) establish standards for psilocybin products as a food additive; or

(2) consider psilocybin products to be an adulterant unless the concentration of a psilocybin product exceeds acceptable levels established by the Department by rule.

Section 305. Enforceability of contracts. A contract is not unenforceable on the basis that manufacturing, distributing, dispensing, possessing, or using psilocybin products is prohibited by federal law.

Section 310. Department hotline for verification of license. The Department shall maintain a telephone hotline for the following persons to inquire if an address is the location of premises for which a license has been issued under this Act or is the location of premises for which an application for licensure has been submitted under Section 50:

(1) A person designated by a city or a county.

(2) A person designated by the Office of Water Resources of the Department of Natural Resources.

(3) A person designated by the board of trustees of any public water district.

Section 315. Information related to licensure that is exempt from disclosure.

(a) Subject to subsection (b), information is exempt from public disclosure under the Freedom of Information Act if the information is any of the following:

(1) Personally identifiable information.

(2) The address of premises for which a license has been issued or for which an applicant has proposed licensure under Section 85, 100, or 325.

(3) Related to the security plan or the operational plan for premises for which a license has been issued or for which an applicant has proposed licensure under Section 85, 100, or 325.

(4) Related to any record that the Department determines contains proprietary information of a licensee.

(b) The exemption from public disclosure as provided by this Section does not apply to the following:

(1) The name of an individual listed on an application if the individual is a direct owner of the business operating or to be operated under the license.

(2) A request for information if the request is made by a law enforcement agency.

(c) For purposes of paragraph (1) of subsection (b), an individual is not a direct owner of the business operating or to be operated under the license if the individual is either of the following:

(1) The direct owner of the business operating or to be operated under the license is a legal entity.

(2) Merely a general partner, limited partner, member, shareholder, or other direct or indirect owner of the legal entity.

Section 320. Testing standards and processes; rules.

(a) As is necessary to protect the public health and safety, and in consultation with the Illinois Liquor Control Commission and the Department of Agriculture, the Department shall adopt rules that achieve the following:

(1) Establish standards for testing psilocybin products.

(2) Identify appropriate tests for psilocybin products, depending on the type of psilocybin product and the manner in which the psilocybin product was manufactured, that are necessary to protect the public health and safety, which may include, but are not limited to, tests for the following:

(A) Microbiological contaminants.

(B) Pesticides.

(C) Other contaminants.

(D) Solvents or residual solvents.

(E) Psilocybin concentration.

(F) Psilocin concentration.

(G) Total tryptamine concentration

(3) Establish procedures for determining batch sizes and for sampling psilocybin products.

(4) Establish different minimum standards for different varieties of psilocybin products.

(b) In addition to the testing requirements established under subsection (a), the Department may require psilocybin products to be tested in accordance with any applicable law of this State, or any applicable rule adopted under a law of this State, related to the production and processing of food products or commodities.

(c) In adopting rules under this Act, the Department may require a psilocybin product manufacturer that holds a license under Section 85 to test psilocybin products before selling or transferring the psilocybin products.

(d) The Department may conduct random testing of psilocybin products for the purpose of determining whether a licensee subject to testing under subsection (c) is in compliance with this Section.

(e) In adopting rules to implement this Section, the Department may not require a psilocybin product to undergo the same test more than once unless the psilocybin product is processed into a different type of psilocybin product or the condition of the psilocybin product has fundamentally changed.

(f) The testing of psilocybin products as required by this Section must be conducted by a laboratory licensed by the Department under Section 325 and accredited by the Department under Section 340.

(g) In adopting rules under subsection (a), the Department shall consider the cost of a potential testing procedure and how that cost will affect the cost to the ultimate client and may not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

Section 325. Laboratory licensure; qualifications; fees; rules.

(a) A laboratory that conducts testing of psilocybin products as required by Section 320 must have a license to operate at the premises at which the psilocybin products are tested.

(b) For purposes of this Section, the Department shall adopt rules establishing the following:

(1) Qualifications to be licensed under this Section, including that an applicant for licensure under this Section must be accredited by the Department as described in Section 340.

(2) Processes for applying for and renewing a license under this Section.

(3) Fees for applying for, receiving, and renewing a license under this Section.

(4) Procedures for the following:

(A) Tracking psilocybin products to be tested.

(B) Documenting and reporting test results.

(C) Disposing of samples of psilocybin products that have been tested.

(c) A license issued under this Section must be renewed annually.

(d) The Department may inspect premises licensed under this Section to ensure compliance with Sections 320 through 360 and rules adopted under those Sections.

(e) Subject to applicable provisions of Illinois law, the Department may refuse to issue or renew, or may suspend or revoke, a license issued under this Section for violation of a provision of this Act or a rule adopted under a provision of this Act.

(f) Fees adopted under paragraph (3) of subsection (b) must be reasonably calculated to pay the expenses incurred by the Department under this Act.

(g) Fees collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund established under Section 205 and are continuously appropriated to the Department for the purpose of carrying out the duties, functions, and powers of the Department under this Act.

Section 330. Authority to require fingerprints of applicants and other individuals. For the purpose of requesting a State or nationwide criminal records check under this Act, the Department may require the fingerprints of any individual listed on an application submitted under Section 325. The powers conferred on the Department under this Section include the power to require the fingerprints of the following persons:

(1) If the applicant is a limited partnership, each general partner of the limited partnership.

(2) If the applicant is a manager-managed limited liability company, each manager of the limited liability company.

(3) If the applicant is a member-managed limited liability company, each voting member of the limited liability company.

(4) If the applicant is a corporation, each director and officer of the corporation.

(5) Any individual who holds a financial interest of 10% or more in the person applying for the license.

Section 335. Statement of applicant for laboratory licensure. The Department may require a licensee or applicant for a license under Section 325 to submit, in a form and manner prescribed by the Department, to the Department a sworn statement showing the following:

(1) The name and address of each person who has a financial interest in the business operating or to be operated under the license.

(2) The nature and extent of the financial interest of each person who has a financial interest in the business operating or to be operated under the license.

(3) The Department may refuse to issue, or may suspend, revoke, or refuse to renew, a license issued under Section 325 if the Department determines that a person who has a financial interest in the business operating or to be operated under the license committed or failed to commit an act that would constitute grounds for the Department to refuse to issue, or to suspend, revoke or refuse to renew, the license if the person were the licensee or applicant for the license.

Section 340. Laboratory accreditation.

(a) A laboratory that conducts testing of a psilocybin product as required by Section 325 must be accredited and meet other qualifications as established by the Department under this Section.

(b) In addition to other qualifications required pursuant to applicable law, the Department shall require an applicant for accreditation for purposes related to the testing of psilocybin products to the following:

(1) Complete an application.

(2) Undergo an onsite inspection.

(3) Meet other applicable requirements, specifications, and guidelines for testing psilocybin products, as determined to be appropriate by the Department by rule.

(c) The Department may inspect premises licensed under Section 325 to ensure compliance with Sections 320 through 360 and rules adopted under those Sections.

(d) Subject to applicable provisions of Illinois law, the Department may refuse to issue or renew, or may suspend or revoke, a laboratory's accreditation granted under this Section for violation of a provision of this Act or a rule adopted under this Act.

(e) In establishing fees under this Section for laboratories that test psilocybin products, the Department shall establish fees that are reasonably calculated to pay the expenses incurred by the Department under this Section in accrediting laboratories that test psilocybin products.

Section 345. Authority to discipline licensees. Subject to applicable provisions of Illinois law, if an applicant or licensee violates a provision of Sections 320 through 360 or a rule adopted under those Sections, the Department may refuse to issue or renew, or may suspend or revoke, a license issued under Section 85, 100, 115, or 325.

Section 350. Authority of the Department over certain persons; license actions.

(a) Notwithstanding the lapse, suspension, or revocation of a license issued under Section 325, the Department may do either of the following:

(1) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license.

(2) Revise or render void an order suspending or revoking the license.

(b) In cases involving the proposed denial of a license applied for under this Act, the applicant for licensure may not withdraw the applicant's application.

Section 355. Civil penalty for certain violations.

(a) In addition to any other liability or penalty provided by law, the Department may impose for each violation of a provision of Sections 320 through 360 or a rule adopted under those Sections a civil penalty that does not exceed $500 for each day that the violation occurs.

(b) The Department shall impose civil penalties under this Section in the manner provided by applicable Illinois law.

(c) Moneys collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund established under Section 205 and are continuously appropriated to the Department for the purpose of carrying out the duties, functions, and powers of the Department under this Act.

Section 360. Exemption from criminal liability. A person who holds a license under Section 325, and an employee of or other person who performs work for a person who holds a license under Section 325, is exempt from the criminal laws of this State for possession, delivery, or manufacture of psilocybin, aiding and abetting another in the possession, delivery, or manufacture of psilocybin, or any other criminal offense in which possession, delivery, or manufacture of psilocybin is an element, while performing activities related to testing as described in Sections 320 through 360.

Section 365. Labeling requirements; rules.

(a) As is necessary to protect the public health and safety, and in consultation with the Department of Agriculture and the Illinois Liquor Control Commission, the Department shall adopt rules establishing standards for the labeling of psilocybin products, including, but not limited to, the following:

(1) Ensuring that psilocybin products have labeling that communicates the following:

(A) Health and safety warnings.

(B) If applicable, activation time.

(C) Potency.

(D) If applicable, serving size and the number of servings included in a psilocybin product.

(E) Content of the psilocybin product.

(2) Labeling that is in accordance with applicable State food labeling requirements for the same type of food product or potable liquid when the food product or potable liquid does not contain psilocybin.

(b) In adopting rules under this Act, the Department shall require all psilocybin products sold or transferred by a service center that holds a license issued under Section 100 to be labeled in accordance with subsection (a) and rules adopted under subsection (a).

(c) In adopting rules under subsection (a), the Department:

(1) may establish different labeling standards for different varieties and types of psilocybin products;

(2) shall consider the cost of a potential requirement and how that cost will affect the cost to the ultimate client; and

(3) may not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

Section 370. Preapproval of labels.

(a) The Department may by rule require a licensee to submit a label intended for use on a psilocybin product for preapproval by the Department before the licensee may sell or transfer a psilocybin product bearing the label. The Department shall determine whether a label submitted under this Section complies with Section 365 and any rule adopted under Section 365.

(b) The Department may impose a fee for submitting a label for preapproval under this Section that is reasonably calculated to not exceed the cost of administering this Section.

Section 375. Packaging requirements; rules.

(a) As is necessary to protect the public health and safety, and in consultation with the Department of Agriculture and the Illinois Liquor Control Commission, the Department shall adopt rules establishing standards for the packaging of psilocybin products, including, but not limited to, ensuring that psilocybin products are not marketed in a manner that is either untruthful or misleading, or otherwise creates a significant risk of harm to public health and safety.

(b) In adopting rules under this Act, the Department shall require all psilocybin products sold or transferred by a service center that holds a license issued under Section 100 to be packaged in accordance with subsection (a) and rules adopted under subsection (a).

(c) In adopting rules under subsection (a), the Department:

(1) may establish different packaging standards for different varieties and types of psilocybin products;

(2) may consider the effect on the environment of requiring certain packaging;

(3) shall consider the cost of a potential requirement and how that cost will affect the cost to the ultimate client; and

(4) may not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

Section 380. Preapproval of packaging.

(a) The Department may by rule require a licensee to submit packaging intended for a psilocybin product for preapproval by the Department before the licensee may sell or transfer a psilocybin product packaged in the packaging. The Department shall determine whether packaging submitted under this Section complies with Section 375 and any rule adopted under Section 375.

(b) The Department may impose a fee for submitting packaging for preapproval under this Section that is reasonably calculated to not exceed the cost of administering this Section.

Section 385. Dosage requirements; rules.

(a) The Department shall adopt rules establishing the following:

(1) The maximum concentration of psilocybin that is permitted in a single serving of a psilocybin product.

(2) The number of servings that are permitted in a psilocybin product package.

(b) In adopting rules under this Act, the Department shall require all psilocybin products sold or transferred by a service center that holds a license under Section 100 to meet the concentration standards and packaging standards adopted by rule pursuant to this Section.

Section 390. Inspections. To ensure compliance with Sections 365 through 400 and any rule adopted under those Sections, the Department may inspect the premises of a person that holds a license under Section 85 or 100.

Section 395. Discipline of licensees. Subject to applicable provisions of law, if an applicant or licensee violates a provision of Sections 365 through 400 or a rule adopted under those Sections, the Department may refuse to issue or renew, or may suspend or revoke, a license issued under Section 85, 100, or 115.

Section 400. Civil penalties.

(a) In addition to any other liability or penalty provided by law, the Department may impose for each violation of a provision of Sections 365 through 400 or a rule adopted under those Sections, a civil penalty that does not exceed $500 for each day that the violation occurs.

(b) The Department shall impose civil penalties under this Section in the manner provided under applicable Illinois law.

(c) Moneys collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund established under Section 205 and are continuously appropriated to the Department for the purpose of carrying out the duties, functions, and powers of the Department under this Act.

Section 405. Definitions. In this Section through Section 475:

"Retail sale" means any transfer, exchange, gift, or barter of a psilocybin product by any person to a client.

"Retail sales price" means the price paid for a psilocybin product, excluding tax, to a service center operator by or on behalf of a client.

Section 410. Tax on retail sale of psilocybin products.

(a) A tax is hereby imposed upon the retail sale of psilocybin products in this State. The tax imposed by this Section is a direct tax on the client for which payment upon retail sale is required. The tax shall be collected at the point of sale of a psilocybin product by a service center operator at the time at which the retail sale occurs.

(b) The tax imposed under this Section shall be imposed at the rate of 15% of the retail sales price of psilocybin products.

(c) If the tax imposed under this Section does not equal an amount calculable to a whole cent, the tax shall be equal to the next higher whole cent.

(d) Except as otherwise provided by the Department of Revenue by rule, the amount of the tax shall be separately stated on an invoice, receipt, or other similar document that the service center operator provides to the client at the time at which the retail sale occurs.

(e) A person may not knowingly sell, purchase, install, transfer, or possess electronic devices or software programs for the purposes of the following:

(1) Hiding or removing records of retail sales of psilocybin products.

(2) Falsifying records of retail sales of psilocybin products.

(f) A service center operator may not discount a psilocybin product or offer a psilocybin product for free if the retail sale of the psilocybin product is made in conjunction with the retail sale of any other item or service.

(g) Subsection (f) does not affect any provision of this Act or any rule adopted by the Department pursuant to this Act that is related to the retail sale of psilocybin products.

(h) The Department shall regularly review the rate of tax under subsection (b) and make recommendations to the General Assembly regarding appropriate adjustments to the rate that will further the following purposes:

(1) Providing the Department with moneys sufficient to administer and enforce this Act.

(2) Not providing the Department with moneys that exceed, together with fees collected under this Act, the cost of administering and enforcing this Act.

Section 415. Collection of tax.

(a) Except as otherwise provided in Sections 405 through 475, the tax imposed upon a client under Section 410 shall be collected at the point of sale and remitted by each service center operator that engages in the retail sale of psilocybin products. The tax is considered a tax upon the service center operator that is required to collect the tax and the service center operator is considered a taxpayer.

(b) The service center operator shall file a return to the Department of Revenue on or before the last day of January, April, July, and October of each year for the previous calendar quarter.

(c) The service center operator shall pay the tax to the Department of Revenue in the form and manner prescribed by the Department of Revenue, but not later than with each quarterly return, without regard to an extension granted under subsection (e).

(d) Service center operators shall file the returns required under this Section regardless of whether any tax is owed.

(e) For good cause, the Department of Revenue may extend the time for filing a return under this Section. The extension may be granted at any time if a written request is filed with the Department of Revenue during or prior to the period for which the extension may be granted. The Department of Revenue may not grant an extension of more than 30 days.

(f) Interest shall be added at a rate established by the Department of Revenue from the time the return was originally required to be filed to the time of payment.

(g) If a service center operator fails to file a return or pay the tax as required by this Section, the Department of Revenue shall impose a penalty in the manner provided under applicable Illinois law.

(h) Except as provided in subsections (i) and (j), the period prescribed for the Department of Revenue to allow or make a refund of any overpayment of tax paid under Sections 405 through 475 is as provided under applicable Illinois law.

(i) The Department of Revenue shall first apply any overpayment of tax by a service center operator to any psilocybin tax that is owed by the service center operator.

If after any offset against any delinquent amount the overpayment of tax remains greater than $1,000, the remaining refund shall be applied as a credit against the next subsequent calendar quarter as an estimated payment.

(j) The Department of Revenue may not make a refund of or credit any overpayment of tax under Sections 405 through 475 that was credited to the account of a service center operator under subsection (i) if the return for that tax period is not filed within 3 years after the due date of that return.

Section 420. Psilocybin revenue estimate.

(a) Not later than 30 days before the beginning of each calendar quarter, the Department of Revenue shall forecast and prepare an estimate of the revenue that will be received during the remainder of the current biennium and subsequent 3 biennia pursuant to the tax imposed under Section 410. The estimate may be made on the basis of all pertinent information available to the Department of Revenue. Upon making the estimate, the Department of Revenue shall report the estimate to the Commission on Government Forecasting and Accountability and the Comptroller.

(b) The Department shall provide the Department of Revenue with any information necessary for the Department of Revenue to perform its duties under this Section.

Section 425. Enforcement.

(a) Every person who collects any amount under Section 415 shall hold the same in trust for the State of Illinois and for the payment thereof to the Department of Revenue in the manner and at the time provided in Section 415.

(b) If a service center operator fails to remit any amount collected, the Department of Revenue may enforce collection in the manner provided in Article 11 of the Illinois Income Tax Act.

(c) In the case of a service center operator that is assessed pursuant to relevant provisions of Illinois law, the Department of Revenue may issue a notice of liability to any officer, employee, or member of the service center operator within 3 years after the time of assessment. Within 30 days after the date the notice of liability is mailed to the officer, employee, or member, the officer, employee, or member shall pay the assessment, plus penalties and interest, or advise the Department of Revenue in writing of objections to the liability and, if desired, request a conference. A conference shall be governed by the provisions of Illinois law pertaining to a conference requested from a notice of deficiency.

After a conference or, if no conference is requested, a determination of the issues considering the written objections, the Department of Revenue shall mail the officer, employee, or member a conference letter affirming, canceling, or adjusting the notice of liability. Within 90 days after the date the conference letter is mailed to the officer, employee, or member, the officer, employee, or member shall pay the assessment, plus penalties and interest, or appeal to the tax court in the manner provided for an appeal from a notice of assessment.

If the Department of Revenue does not receive payment or written objection to the notice of liability within 30 days after the notice of liability was mailed, the notice of liability becomes final. In that event, the officer, employee or member may appeal the notice of liability to the tax court within 90 days after it became final in the manner provided for an appeal from a notice of assessment.

(d) In the case of a failure to file a return by the due date, the Department of Revenue, in addition to any action under State law, may send a notice of determination and assessment to any officer, employee, or member any time within 3 years after the assessment. The time of assessment against the officer, employee, or member is 30 days after the date the notice of determination and assessment is mailed. Within 30 days after the date the notice of determination and assessment is mailed to the officer, employee, or member, the officer, employee, or member shall pay the assessment, plus penalties and interest, or advise the Department of Revenue in writing of objections to the assessment and, if desired, request a conference. A conference shall be governed by the provisions of Illinois law pertaining to a conference requested from a notice of deficiency.

After a conference or, if no conference is requested, a determination of the issues considering the written objections, the Department of Revenue shall mail the officer, employee, or member a conference letter affirming, canceling, or adjusting the notice of determination and assessment. Within 90 days after the date the conference letter is mailed to the officer, employee, or member, the officer, employee, or member shall pay the assessment, plus penalties and interest, or appeal in the manner provided for an appeal from a notice of assessment.

If the Department of Revenue does not receive payment or written objection to the notice of determination and assessment within 30 days after the notice of determination and assessment was mailed, the notice of determination and assessment becomes final. In that event, the officer, employee, or member may appeal the notice of determination and assessment to the tax court within 90 days after it became final in the manner provided for an appeal from a notice of assessment.

(e) More than one officer or employee of a corporation may be held jointly and severally liable for payment of taxes.

Notwithstanding the confidentiality provisions of Section 465, if more than one officer or employee of a corporation may be held jointly and severally liable for payment of taxes, the Department of Revenue may require any or all of the officers, members, or employees who may be held liable to appear before the Department of Revenue for a joint determination of liability. The Department of Revenue shall notify each officer, member, or employee of the time and place set for the determination of liability.

Each person notified of a joint determination under this subsection shall appear and present such information as is necessary to establish that person's liability or nonliability for payment of taxes to the Department of Revenue. If a person who was notified fails to appear, the Department of Revenue shall make its determination on the basis of all the information and evidence presented. The Department of Revenue's determination is binding on all persons notified and required to appear under this subsection.

If an appeal is taken to the Illinois Independent Tax Tribunal pursuant to Section 465 by any person determined to be liable for unpaid taxes under this subsection, each person required to appear before the Department of Revenue under this subsection shall be impleaded by the plaintiff. The Department of Revenue may implead any officer, employee, or member who may be held jointly and severally liable for the payment of taxes. Each person impleaded under this paragraph shall be made a party to the action before the Illinois Independent Tax Tribunal and shall make available to the Illinois Independent Tax Tribunal the information that was presented before the Department of Revenue, as well as other information that may be presented to the Illinois Independent Tax Tribunal. The Illinois Independent Tax Tribunal may determine that one or more persons impleaded under this paragraph are liable for unpaid taxes without regard to any earlier determination by the Department of Revenue that an impleaded person was not liable for unpaid taxes. If a person required to appear before the Illinois Independent Tax Tribunal under this subsection fails or refuses to appear or bring such information in part or in whole, or is outside the jurisdiction of the Illinois Independent Tax Tribunal, the Illinois Independent Tax Tribunal shall make its determination on the basis of all the evidence introduced. Notwithstanding Section 465, the evidence constitutes a public record and shall be available to the parties and the Illinois Independent Tax Tribunal. The determination of the Illinois Independent Tax Tribunal is binding on all persons made parties to the action under this subsection.

(f) This Section may not be construed to preclude a determination by the Department of Revenue or the Illinois Independent Tax Tribunal that more than one officer, employee, or member are jointly and severally liable for unpaid taxes.

Section 430. Duty to keep receipts, invoices, and other records.

(a) A service center operator shall keep receipts, invoices, and other pertinent records related to retail sales of psilocybin products in the form required by the Department of Revenue. Each record shall be preserved for 5 years after the time to which the record relates or for as long as the service center operator retains the psilocybin products to which the record relates, whichever is later. During the retention period and at any time prior to the destruction of records, the Department of Revenue may give written notice to the service center operator not to destroy records described in the notice without written permission of the Department of Revenue. Notwithstanding any other provision of law, the Department of Revenue shall preserve reports and returns filed with the Department of Revenue for at least 5 years.

(b) The Department of Revenue or its authorized representative, upon oral or written demand, may make examinations of the books, papers, records, and equipment of persons making retail sales of psilocybin products and any other investigations as the Department of Revenue deems necessary to carry out the provisions of Sections 405 through 475.

Section 435. Authority to require production of books, papers, accounts, and other information.

(a) The Department of Revenue has the authority, by order or subpoena to be served with the same force and effect and in the same manner as a subpoena is served in a civil action in the circuit court or the Illinois Independent Tax Tribunal, to require the production at any time and place the Department of Revenue designates of any books, papers, accounts, or other information necessary to carry out Sections 405 through 475. The Department of Revenue may require the attendance of any person having knowledge in the premises and may take testimony and require proof material for the information with power to administer oaths to the person.

(b) If a person fails to comply with a subpoena or order of the Department of Revenue or to produce or permit the examination or inspection of any books, papers, records, and equipment pertinent to an investigation or inquiry under Sections 405 through 475, or to testify to any matter regarding which the person is lawfully interrogated, the Department of Revenue may apply to the Illinois Independent Tax Tribunal or to the circuit court of the county in which the person resides or where the person is for an order to the person to attend and testify or otherwise to comply with the demand or request of the Department of Revenue. The Department of Revenue shall apply to the court by ex parte motion, upon which the court shall make an order requiring the person against whom the motion is directed to comply with the request or demand of the Department of Revenue within 10 days after the service of the order, or within the additional time granted by the court, or to justify the failure within that time. The order shall be served upon the person to whom it is directed in the manner required by this State for service of process, which service is required to confer jurisdiction upon the court. Failure to obey any order issued by the court under this Section is contempt of court. The remedy provided by this Section is in addition to other remedies, civil or criminal, existing under the tax laws or other laws of this State.

Section 440. Disclosure of information.

(a) Notwithstanding the confidentiality provisions of Section 465, the Department of Revenue may disclose information received under applicable Illinois law and Sections 405 through 475 to the Department to carry out the provisions of this Act.

(b) The Department may disclose information obtained pursuant to this Act to the Department of Revenue for the purpose of carrying out the provisions of this Act.

Section 445. Right to appeal determination of tax liability. Except as otherwise provided in this Act, a person aggrieved by an act or determination of the Department of Revenue or its authorized agent under applicable Illinois law and Sections 405 through 475 may appeal, within 90 days after the act or determination, to the Illinois Independent Tax Tribunal in the manner provided under applicable Illinois law. These appeal rights are the exclusive remedy available to determine the person's liability for the tax imposed under Sections 405 through 475.

Section 450. Duty to return excess tax collected.

(a) When an amount represented by a service center operator at retail to a client as constituting the tax imposed under Sections 405 through 475 of this Act is computed upon an amount that is not taxable or is in excess of the taxable amount and is actually paid by the client to the service center operator, the excess tax paid shall be returned by the service center operator to the client upon written notification by the Department of Revenue or the client.

The written notification must contain information necessary to determine the validity of the client's claim.

(b) If the service center operator does not return the excess tax within 60 days after mailing of the written notification required under subsection (a), the client may appeal to the Department of Revenue for a refund of the amount of the excess tax in the manner and within the time allowed under rules adopted by the Department of Revenue.

(c) If excess tax is returned to the client by the Department of Revenue, the Department of Revenue may issue a notice of deficiency for the excess tax to the service center operator in the manner provided under applicable Illinois law.

Section 455. Retention of portions of tax to pay for expenses incurred. For the purpose of compensating service center operators for expenses incurred in collecting the tax imposed under Section 410, each service center operator is permitted to deduct and retain 2% of the amount of taxes that are collected by the service center operator from all retail sales of psilocybin products conducted by the service center operator.

Section 460. Duties and powers of the Department of Revenue.

(a) The Department of Revenue shall administer and enforce Sections 405 through 475. The Department of Revenue is authorized to establish rules and procedures for the implementation and enforcement of Sections 405 through 475 that are consistent with Sections 405 through 475 and that the Department of Revenue considers necessary and appropriate to administer and enforce Sections 405 through 475.

(b) The Department shall enter into an agreement with the Department of Revenue for the purpose of administering and enforcing those provisions of Sections 405 through 475, and rules or procedures established for the purpose of implementing and enforcing Sections 405 through 475, that the Department and the Department of Revenue determine are necessary for the effective and efficient administration, implementation, and enforcement of Sections 405 through 475.

Section 465. Applicability of tax laws. Except as otherwise provided in Sections 405 through 475 or where the context requires otherwise, the provisions of applicable Illinois law as to the audit and examination of returns, periods of limitation, determination of and notices of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, conferences, appeals to the Illinois Independent Tax Tribunal or the Department of Revenue, stays of collection pending appeal, confidentiality of returns and the penalties relative thereto, and the procedures relating thereto, apply to the determinations of taxes, penalties, and interest under Sections 405 through 475.

Section 470. Illinois Psilocybin Fund. The Illinois Psilocybin Fund is created as a special fund in the State treasury. The Fund shall consist of moneys transferred to the Fund under Section 475. The Department of Revenue shall certify quarterly the amount of moneys available in the Illinois Psilocybin Fund. The Department of Revenue shall transfer quarterly the moneys in the Illinois Psilocybin Fund to the Psilocybin Control and Regulation Fund.

Section 475. Illinois Psilocybin Fund; payment of expenses. All moneys received by the Department of Revenue under Sections 405 through this Section shall be deposited into the Illinois Psilocybin Fund. The Department of Revenue may pay expenses for the administration and enforcement of Sections 405 through this Section out of moneys received from the tax imposed under Section 410. Amounts necessary to pay administrative and enforcement expenses are continuously appropriated to the Department of Revenue from the Illinois Psilocybin Fund.

Section 480. Adoption of ordinances.

(a) The governing body of a city or county may adopt ordinances to be referred to the electors of the city or county as described in subsection (b) that prohibit or allow the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county:

(1) Psilocybin product manufacturers that hold a license issued under Section 85.

(2) Service center operators that hold a license issued under 100.

(3) Any combination of the entities described in paragraphs (1) and (2).

(b) If the governing body of a city or county adopts an ordinance under this Section, the governing body shall submit the measure of the ordinance to the electors of the city or county for approval at the next statewide general election.

(c) If the governing body of a city or county adopts an ordinance under this Section, the governing body must provide the text of the ordinance to the Department.

(d) Upon receiving notice of a prohibition under subsection (c), the Department shall discontinue licensing those premises to which the prohibition applies until the date of the next statewide general election.

(e) If an allowance is approved at the next statewide general election under subsection (b), the Department shall begin licensing the premises to which the allowance applies on the first business day of the January immediately following the date of the next statewide general election.

(f) Notwithstanding any other provision of law, a city or county that adopts an ordinance under this Section that prohibits the establishment of an entity described in subsection (a) may not impose a tax or fee on the manufacturing or sale of psilocybin products.

Section 485. Incorporation by reference. All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the Retailers' Occupation Tax Act, and all applicable provisions of the Uniform Penalty and Interest Act that are not inconsistent with this Act, apply to clients, legal entities, licensees, licensee representatives, psilocybin product manufacturers, service centers, service center operators, and facilitators to the same extent as if those provisions were included in this Act. References in the incorporated Sections of the Retailers' Occupation Tax Act to retailers, to sellers, or to persons engaged in the business of selling tangible personal property mean distributors when used in this Act. References in the incorporated Sections to sales of tangible personal property mean sales of tobacco products when used in this Act.

Section 490. Registration under the Retailers' Occupation Tax Act. A retailer maintaining a place of business in this State, if required to register under the Retailers' Occupation Tax Act, need not obtain an additional Certificate of Registration under this Act, but shall be deemed to be sufficiently registered by virtue of his being registered under the Retailers' Occupation Tax Act. Every retailer maintaining a place of business in this State, if not required to register under the Retailers' Occupation Tax Act, shall apply to the Department of Revenue (upon a form prescribed and furnished by the Department of Revenue) for a Certificate of Registration under this Act. In completing such application, the applicant shall furnish such information as the Department of Revenue may reasonably require. Upon approval of an application for Certificate of Registration, the Department of Revenue shall issue, without charge, a Certificate of Registration to the applicant. Such Certificate of Registration shall be displayed at the address which the applicant states in his or her application to be the principal place of business or location from which he or she will act as a retailer in this State. If the applicant will act as a retailer in this State from other places of business or locations, he shall list the addresses of such additional places of business or locations in this application for Certificate of Registration, and the Department of Revenue shall issue a Sub-Certificate of Registration to the applicant for each such additional place of business or location. Each Sub-Certificate of Registration shall be conspicuously displayed at the place for which it is issued. Such Sub-Certificate of Registration shall bear the same registration number as that appearing upon the Certificate of Registration to which such Sub-Certificates relate. Where a retailer operates more than one place of business which is subject to registration under this Section and such businesses are substantially different in character or are engaged in under different trade names or are engaged in under other substantially dissimilar circumstances (so that it is more practicable, from an accounting, auditing, or bookkeeping standpoint, for such businesses to be separately registered), the Department of Revenue may require or permit such person to apply for and obtain a separate Certificate of Registration for each such business or for any of such businesses instead of registering such person, as to all such businesses, under a single Certificate of Registration supplemented by related Sub-Certificates of Registration. No Certificate of Registration shall be issued to any person who is in default to the State of Illinois for moneys due hereunder.

The Department of Revenue may, in its discretion, upon application, authorize the collection of the tax herein imposed by any retailer not maintaining a place of business within this State, who, to the satisfaction of the Department of Revenue, furnishes adequate security to insure collection and payment of the tax. Such retailer shall be issued, without charge, a permit to collect such tax. When so authorized, it shall be the duty of such retailer to collect the tax upon all tangible personal property sold to his knowledge for use within this State, in the same manner and subject to the same requirements, including the furnishing of a receipt to the purchaser (if demanded by the purchaser), as a retailer maintaining a place of business within this State. The receipt given to the purchaser shall be sufficient to relieve him or her from further liability for the tax to which such receipt may refer. Such permit may be revoked by the Department as provided herein.

Section 497. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 500. The Criminal Identification Act is amended by changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

(Text of Section before amendment by P.A. 102-933)

Sec. 5.2. Expungement, sealing, and immediate sealing.

(a) General Provisions.

(1) Definitions. In this Act, words and phrases have the meanings set forth in this subsection, except when a particular context clearly requires a different meaning.

(A) The following terms shall have the meanings ascribed to them in the following Sections of the Unified Code of Corrections:

Business Offense, Section 5-1-2.

Charge, Section 5-1-3.

Court, Section 5-1-6.

Defendant, Section 5-1-7.

Felony, Section 5-1-9.

Imprisonment, Section 5-1-10.

Judgment, Section 5-1-12.

Misdemeanor, Section 5-1-14.

Offense, Section 5-1-15.

Parole, Section 5-1-16.

Petty Offense, Section 5-1-17.

Probation, Section 5-1-18.

Sentence, Section 5-1-19.

Supervision, Section 5-1-21.

Victim, Section 5-1-22.

(B) As used in this Section, "charge not initiated by arrest" means a charge (as defined by Section 5-1-3 of the Unified Code of Corrections) brought against a defendant where the defendant is not arrested prior to or as a direct result of the charge.

(C) "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. An order of supervision successfully completed by the petitioner is not a conviction. An order of qualified probation (as defined in subsection (a)(1)(J)) successfully completed by the petitioner is not a conviction. An order of supervision or an order of qualified probation that is terminated unsatisfactorily is a conviction, unless the unsatisfactory termination is reversed, vacated, or modified and the judgment of conviction, if any, is reversed or vacated.

(D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)). As used in this Section, a minor traffic offense (as defined in subsection (a)(1)(G)) shall not be considered a criminal offense.

(E) "Expunge" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both. Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and (d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means the sentence, order of supervision, or order of qualified probation (as defined by subsection (a)(1)(J)), for a criminal offense (as defined by subsection (a)(1)(D)) that terminates last in time in any jurisdiction, regardless of whether the petitioner has included the criminal offense for which the sentence or order of supervision or qualified probation was imposed in his or her petition. If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.

(G-5) "Minor Cannabis Offense" means a violation of Section 4 or 5 of the Cannabis Control Act concerning not more than 30 grams of any substance containing cannabis, provided the violation did not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.

(H) "Municipal ordinance violation" means an offense defined by a municipal or local ordinance that is criminal in nature and with which the petitioner was charged or for which the petitioner was arrested and released without charging.

(I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under this Section.

(J) "Qualified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions existed before their deletion by Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act. For the purpose of this Section, "successful completion" of an order of qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Substance Use Disorder Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated.

(K) "Seal" means to physically and electronically maintain the records, unless the records would otherwise be destroyed due to age, but to make the records unavailable without a court order, subject to the exceptions in Sections 12 and 13 of this Act. The petitioner's name shall also be obliterated from the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but any index issued by the circuit court clerk before the entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor" includes, but is not limited to, the offenses of indecent solicitation of a child or criminal sexual abuse when the victim of such offense is under 18 years of age.

(M) "Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this Section. A sentence is terminated notwithstanding any outstanding financial legal obligation.

(2) Minor Traffic Offenses. Orders of supervision or convictions for minor traffic offenses shall not affect a petitioner's eligibility to expunge or seal records pursuant to this Section.

(2.5) Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the law enforcement agency issuing the citation shall automatically expunge, on or before January 1 and July 1 of each year, the law enforcement records of a person found to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the law enforcement agency's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for that offense. The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the court records of a person found in the circuit court to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the clerk's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for any of those offenses.

(2.6) Commencing 180 days after the effective date of this amendatory Act of the 103rd General Assembly, the law enforcement agency issuing the citation shall automatically expunge, on or before January 1 and July 1 of each year, the law enforcement records of a person found to have committed a violation of subsection (e) of Section 401 of the Illinois Controlled Substances Act by possessing psilocybin and psilocin or of subsection (a) of Section 3.5 of the Drug Paraphernalia Control Act by possessing paraphernalia used in relation to psilocybin and psilocin in the law enforcement agency's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for that offense. The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. Commencing 180 days after the effective date of this amendatory Act of the 103rd General Assembly, the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the court records of a person found in the circuit court to have committed a violation of subsection (e) of Section 401 of the Illinois Controlled Substances Act by possessing psilocybin and psilocin or of subsection (a) of Section 3.5 of the Drug Paraphernalia Control Act by possessing paraphernalia used in relation to psilocybin and psilocin in the clerk's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for any of those offenses.

(3) Exclusions. Except as otherwise provided in subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) of this Section, the court shall not order:

(A) the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of: (i) any sexual offense committed against a minor; (ii) Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance; or (iii) Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, unless the arrest or charge is for a misdemeanor violation of subsection (a) of Section 11-503 or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance.

(B) the sealing or expungement of records of minor traffic offenses (as defined in subsection (a)(1)(G)), unless the petitioner was arrested and released without charging.

(C) the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for the following offenses:

(i) offenses included in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a local ordinance, except Section 11-14 and a misdemeanor violation of Section 11-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 26-5, or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(iii) Section Sections 12-3.1 or 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 125 of the Stalking No Contact Order Act, or Section 219 of the Civil No Contact Order Act, or a similar provision of a local ordinance;

(iv) Class A misdemeanors or felony offenses under the Humane Care for Animals Act; or

(v) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act.

(D) (blank).

(b) Expungement.

(1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (i) acquittal, dismissal, or the petitioner's release without charging, unless excluded by subsection (a)(3)(B); (ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B); (iii) an order of supervision and such supervision was successfully completed by the petitioner, unless excluded by subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of qualified probation (as defined in subsection (a)(1)(J)) and such probation was successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of arrest expunged under this Section, and the offender has been convicted of a criminal offense, the State's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest.

(2) Time frame for filing a petition to expunge.

(A) When the arrest or charge not initiated by arrest sought to be expunged resulted in an acquittal, dismissal, the petitioner's release without charging, or the reversal or vacation of a conviction, there is no waiting period to petition for the expungement of such records.

(B) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of supervision, successfully completed by the petitioner, the following time frames will apply:

(i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or under Section 11-1.50, 12-3.2, or 12-15 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance, shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the supervision.

(i-5) Those arrests or charges that resulted in orders of supervision for a misdemeanor violation of subsection (a) of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance shall not be eligible for expungement until the petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in orders of supervision for any other offenses shall not be eligible for expungement until 2 years have passed following the satisfactory termination of the supervision.

(C) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of qualified probation, successfully completed by the petitioner, such records shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the probation.

(3) Those records maintained by the Illinois State Police for persons arrested prior to their 17th birthday shall be expunged as provided in Section 5-915 of the Juvenile Court Act of 1987.

(4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the Illinois State Police, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name. The records of the circuit court clerk shall be sealed until further order of the court upon good cause shown and the name of the aggrieved person obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Nothing in this Section shall limit the Illinois State Police or other criminal justice agencies or prosecutors from listing under an offender's name the false names he or she has used.

(5) Whenever a person has been convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim of that offense may request that the State's Attorney of the county in which the conviction occurred file a verified petition with the presiding trial judge at the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection with the proceedings of the trial court concerning that offense. However, the records of the arresting authority and the Illinois State Police concerning the offense shall not be sealed. The court, upon good cause shown, shall make the records of the circuit court clerk in connection with the proceedings of the trial court concerning the offense available for public inspection.

(6) If a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court that finds the petitioner factually innocent of the charge shall enter an expungement order for the conviction for which the petitioner has been determined to be innocent as provided in subsection (b) of Section 5-5-4 of the Unified Code of Corrections.

(7) Nothing in this Section shall prevent the Illinois State Police from maintaining all records of any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act.

(8) If the petitioner has been granted a certificate of innocence under Section 2-702 of the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults. Subsection (g) of this Section provides for immediate sealing of certain records.

(2) Eligible Records. The following records may be sealed:

(A) All arrests resulting in release without charging;

(B) Arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except as excluded by subsection (a)(3)(B);

(C) Arrests or charges not initiated by arrest resulting in orders of supervision, including orders of supervision for municipal ordinance violations, successfully completed by the petitioner, unless excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest resulting in convictions, including convictions on municipal ordinance violations, unless excluded by subsection (a)(3);

(E) Arrests or charges not initiated by arrest resulting in orders of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, or Section 5-6-3.3 of the Unified Code of Corrections; and

(F) Arrests or charges not initiated by arrest resulting in felony convictions unless otherwise excluded by subsection (a) paragraph (3) of this Section.

(3) When Records Are Eligible to Be Sealed. Records identified as eligible under subsection (c)(2) may be sealed as follows:

(A) Records identified as eligible under subsections subsection (c)(2)(A) and (c)(2)(B) may be sealed at any time.

(B) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsection (c)(2)(C) may be sealed 2 years after the termination of petitioner's last sentence (as defined in subsection (a)(1)(F)).

(C) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be sealed 3 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)). Convictions requiring public registration under the Arsonist Registration Act, the Sex Offender Registration Act, or the Murderer and Violent Offender Against Youth Registration Act may not be sealed until the petitioner is no longer required to register under that relevant Act.

(D) Records identified in subsection (a)(3)(A)(iii) may be sealed after the petitioner has reached the age of 25 years.

(E) Records identified as eligible under subsection subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or (c)(2)(F) may be sealed upon termination of the petitioner's last sentence if the petitioner earned a high school diploma, associate's degree, career certificate, vocational technical certification, or bachelor's degree, or passed the high school level Test of General Educational Development, during the period of his or her sentence or mandatory supervised release. This subparagraph shall apply only to a petitioner who has not completed the same educational goal prior to the period of his or her sentence or mandatory supervised release. If a petition for sealing eligible records filed under this subparagraph is denied by the court, the time periods under subparagraph (B) or (C) shall apply to any subsequent petition for sealing filed by the petitioner.

(4) Subsequent felony convictions. A person may not have subsequent felony conviction records sealed as provided in this subsection (c) if he or she is convicted of any felony offense after the date of the sealing of prior felony convictions as provided in this subsection (c). The court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court.

(5) Notice of eligibility for sealing. Upon entry of a disposition for an eligible record under this subsection (c), the petitioner shall be informed by the court of the right to have the records sealed and the procedures for the sealing of the records.

(d) Procedure. The following procedures apply to expungement under subsections (b), (e), and (e-6) and sealing under subsections (c) and (e-5):

(1) Filing the petition. Upon becoming eligible to petition for the expungement or sealing of records under this Section, the petitioner shall file a petition requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both. If arrests occurred or charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction. The petitioner shall pay the applicable fee, except no fee shall be required if the petitioner has obtained a court order waiving fees under Supreme Court Rule 298 or it is otherwise waived.

(1.5) County fee waiver pilot program. From August 9, 2019 (the effective date of Public Act 101-306) through December 31, 2020, in a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded by subsection (a)(3)(B). The provisions of this paragraph (1.5), other than this sentence, are inoperative on and after January 1, 2022.

(2) Contents of petition. The petition shall be verified and shall contain the petitioner's name, date of birth, current address and, for each arrest or charge not initiated by arrest sought to be sealed or expunged, the case number, the date of arrest (if any), the identity of the arresting authority, and such other information as the court may require. During the pendency of the proceeding, the petitioner shall promptly notify the circuit court clerk of any change of his or her address. If the petitioner has received a certificate of eligibility for sealing from the Prisoner Review Board under paragraph (10) of subsection (a) of Section 3-3-2 of the Unified Code of Corrections, the certificate shall be attached to the petition.

(3) Drug test. The petitioner must attach to the petition proof that the petitioner has passed a test taken within 30 days before the filing of the petition showing the absence within his or her body of all illegal substances as defined by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Cannabis Control Act if he or she is petitioning to:

(A) seal felony records under clause (c)(2)(E);

(B) seal felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act under clause (c)(2)(F);

(C) seal felony records under subsection (e-5); or

(D) expunge felony records of a qualified probation under clause (b)(1)(iv).

(4) Service of petition. The circuit court clerk shall promptly serve a copy of the petition and documentation to support the petition under subsection (e-5) or (e-6) on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Illinois State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, and shall state with specificity the basis of the objection. Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, an objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal must be filed within 60 days of the date of service of the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the charge was brought, any judge of that circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, if any, shall rule on the petition to expunge or seal as set forth in this subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the Illinois State Police, the arresting agency, or the chief legal officer files an objection to the petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition.

(C) Notwithstanding any other provision of law, the court shall not deny a petition for sealing under this Section because the petitioner has not satisfied an outstanding legal financial obligation established, imposed, or originated by a court, law enforcement agency, or a municipal, State, county, or other unit of local government, including, but not limited to, any cost, assessment, fine, or fee. An outstanding legal financial obligation does not include any court ordered restitution to a victim under Section 5-5-6 of the Unified Code of Corrections, unless the restitution has been converted to a civil judgment. Nothing in this subparagraph (C) waives, rescinds, or abrogates a legal financial obligation or otherwise eliminates or affects the right of the holder of any financial obligation to pursue collection under applicable federal, State, or local law.

(7) Hearings. If an objection is filed, the court shall set a date for a hearing and notify the petitioner and all parties entitled to notice of the petition of the hearing date at least 30 days prior to the hearing. Prior to the hearing, the State's Attorney shall consult with the Illinois State Police as to the appropriateness of the relief sought in the petition to expunge or seal. At the hearing, the court shall hear evidence on whether the petition should or should not be granted, and shall grant or deny the petition to expunge or seal the records based on the evidence presented at the hearing. The court may consider the following:

(A) the strength of the evidence supporting the defendant's conviction;

(B) the reasons for retention of the conviction records by the State;

(C) the petitioner's age, criminal record history, and employment history;

(D) the period of time between the petitioner's arrest on the charge resulting in the conviction and the filing of the petition under this Section; and

(E) the specific adverse consequences the petitioner may be subject to if the petition is denied.

(8) Service of order. After entering an order to expunge or seal records, the court must provide copies of the order to the Illinois State Police, in a form and manner prescribed by the Illinois State Police, to the petitioner, to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or both:

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Illinois State Police, and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order; and

(iii) in response to an inquiry for expunged records, the court, the Illinois State Police, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.

(B) Upon entry of an order to expunge records pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or both:

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the Illinois State Police within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(iv) records impounded by the Illinois State Police may be disseminated by the Illinois State Police only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense; and

(v) in response to an inquiry for such records from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.

(B-5) Upon entry of an order to expunge records under subsection (e-6):

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed under paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the Illinois State Police within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed under paragraph (12) of subsection (d) of this Section;

(iv) records impounded by the Illinois State Police may be disseminated by the Illinois State Police only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense; and

(v) in response to an inquiry for these records from anyone not authorized by law to access the records, the court, the Illinois State Police, or the agency receiving the inquiry shall reply as it does in response to inquiries when no records ever existed.

(C) Upon entry of an order to seal records under subsection (c), the arresting agency, any other agency as ordered by the court, the Illinois State Police, and the court shall seal the records (as defined in subsection (a)(1)(K)). In response to an inquiry for such records, from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.

(D) The Illinois State Police shall send written notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, within 60 days of service of the order resolving the motion, if that order requires the Illinois State Police to expunge or seal records. In the event of an appeal from the circuit court order, the Illinois State Police shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within 60 days of the issuance of the court's mandate. The notice is not required while any motion to vacate, modify, or reconsider, or any appeal or petition for discretionary appellate review, is pending.

(E) Upon motion, the court may order that a sealed judgment or other court record necessary to demonstrate the amount of any legal financial obligation due and owing be made available for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal proceeding for which those records have been sealed. The records made available under this subparagraph (E) shall not be entered into the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act and shall be immediately re-impounded upon the collection of the outstanding financial obligations.

(F) Notwithstanding any other provision of this Section, a circuit court clerk may access a sealed record for the limited purpose of collecting payment for any legal financial obligations that were established, imposed, or originated in the criminal proceedings for which those records have been sealed.

(10) Fees. The Illinois State Police may charge the petitioner a fee equivalent to the cost of processing any order to expunge or seal records. Notwithstanding any provision of the Clerks of Courts Act to the contrary, the circuit court clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the circuit court clerk. From the total filing fee collected for the petition to seal or expunge, the circuit court clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the circuit court clerk in performing the additional duties required to serve the petition to seal or expunge on all parties. The circuit court clerk shall collect and remit the Illinois State Police portion of the fee to the State Treasurer and it shall be deposited in the State Police Services Fund. If the record brought under an expungement petition was previously sealed under this Section, the fee for the expungement petition for that same record shall be waived.

(11) Final Order. No court order issued under the expungement or sealing provisions of this Section shall become final for purposes of appeal until 30 days after service of the order on the petitioner and all parties entitled to notice of the petition.

(12) Motion to Vacate, Modify, or Reconsider. Under Section 2-1203 of the Code of Civil Procedure, the petitioner or any party entitled to notice may file a motion to vacate, modify, or reconsider the order granting or denying the petition to expunge or seal within 60 days of service of the order. If filed more than 60 days after service of the order, a petition to vacate, modify, or reconsider shall comply with subsection (c) of Section 2-1401 of the Code of Civil Procedure. Upon filing of a motion to vacate, modify, or reconsider, notice of the motion shall be served upon the petitioner and all parties entitled to notice of the petition.

(13) Effect of Order. An order granting a petition under the expungement or sealing provisions of this Section shall not be considered void because it fails to comply with the provisions of this Section or because of any error asserted in a motion to vacate, modify, or reconsider. The circuit court retains jurisdiction to determine whether the order is voidable and to vacate, modify, or reconsider its terms based on a motion filed under paragraph (12) of this subsection (d).

(14) Compliance with Order Granting Petition to Seal Records. Unless a court has entered a stay of an order granting a petition to seal, all parties entitled to notice of the petition must fully comply with the terms of the order within 60 days of service of the order even if a party is seeking relief from the order through a motion filed under paragraph (12) of this subsection (d) or is appealing the order.

(15) Compliance with Order Granting Petition to Expunge Records. While a party is seeking relief from the order granting the petition to expunge through a motion filed under paragraph (12) of this subsection (d) or is appealing the order, and unless a court has entered a stay of that order, the parties entitled to notice of the petition must seal, but need not expunge, the records until there is a final order on the motion for relief or, in the case of an appeal, the issuance of that court's mandate.

(16) The changes to this subsection (d) made by Public Act 98-163 apply to all petitions pending on August 5, 2013 (the effective date of Public Act 98-163) and to all orders ruling on a petition to expunge or seal on or after August 5, 2013 (the effective date of Public Act 98-163).

(e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Illinois State Police may be disseminated by the Illinois State Police only to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Illinois State Police pertaining to that individual. Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was pardoned.

(e-5) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for sealing by the Prisoner Review Board which specifically authorizes sealing, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, have a court order entered sealing the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been granted the certificate but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Illinois State Police may be disseminated by the Illinois State Police only as required by this Act or to the arresting authority, a law enforcement agency, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Illinois State Police pertaining to that individual. Upon entry of the order of sealing, the circuit court clerk shall promptly mail a copy of the order to the person who was granted the certificate of eligibility for sealing.

(e-6) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for expungement by the Prisoner Review Board which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been granted the certificate but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Illinois State Police may be disseminated by the Illinois State Police only as required by this Act or to the arresting authority, a law enforcement agency, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all expunged records of the Illinois State Police pertaining to that individual. Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was granted the certificate of eligibility for expungement.

(f) Subject to available funding, the Illinois Department of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93-211. At the request of the Illinois Department of Corrections, records of the Illinois Department of Employment Security shall be utilized as appropriate to assist in the study. The study shall not disclose any data in a manner that would allow the identification of any particular individual or employing unit. The study shall be made available to the General Assembly no later than September 1, 2010.

(g) Immediate Sealing.

(1) Applicability. Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement or sealing of criminal records, this subsection authorizes the immediate sealing of criminal records of adults and of minors prosecuted as adults.

(2) Eligible Records. Arrests or charges not initiated by arrest resulting in acquittal or dismissal with prejudice, except as excluded by subsection (a)(3)(B), that occur on or after January 1, 2018 (the effective date of Public Act 100-282), may be sealed immediately if the petition is filed with the circuit court clerk on the same day and during the same hearing in which the case is disposed.

(3) When Records are Eligible to be Immediately Sealed. Eligible records under paragraph (2) of this subsection (g) may be sealed immediately after entry of the final disposition of a case, notwithstanding the disposition of other charges in the same case.

(4) Notice of Eligibility for Immediate Sealing. Upon entry of a disposition for an eligible record under this subsection (g), the defendant shall be informed by the court of his or her right to have eligible records immediately sealed and the procedure for the immediate sealing of these records.

(5) Procedure. The following procedures apply to immediate sealing under this subsection (g).

(A) Filing the Petition. Upon entry of the final disposition of the case, the defendant's attorney may immediately petition the court, on behalf of the defendant, for immediate sealing of eligible records under paragraph (2) of this subsection (g) that are entered on or after January 1, 2018 (the effective date of Public Act 100-282). The immediate sealing petition may be filed with the circuit court clerk during the hearing in which the final disposition of the case is entered. If the defendant's attorney does not file the petition for immediate sealing during the hearing, the defendant may file a petition for sealing at any time as authorized under subsection (c)(3)(A).

(B) Contents of Petition. The immediate sealing petition shall be verified and shall contain the petitioner's name, date of birth, current address, and for each eligible record, the case number, the date of arrest if applicable, the identity of the arresting authority if applicable, and other information as the court may require.

(C) Drug Test. The petitioner shall not be required to attach proof that he or she has passed a drug test.

(D) Service of Petition. A copy of the petition shall be served on the State's Attorney in open court. The petitioner shall not be required to serve a copy of the petition on any other agency.

(E) Entry of Order. The presiding trial judge shall enter an order granting or denying the petition for immediate sealing during the hearing in which it is filed. Petitions for immediate sealing shall be ruled on in the same hearing in which the final disposition of the case is entered.

(F) Hearings. The court shall hear the petition for immediate sealing on the same day and during the same hearing in which the disposition is rendered.

(G) Service of Order. An order to immediately seal eligible records shall be served in conformance with subsection (d)(8).

(H) Implementation of Order. An order to immediately seal records shall be implemented in conformance with subsections (d)(9)(C) and (d)(9)(D).

(I) Fees. The fee imposed by the circuit court clerk and the Illinois State Police shall comply with paragraph (1) of subsection (d) of this Section.

(J) Final Order. No court order issued under this subsection (g) shall become final for purposes of appeal until 30 days after service of the order on the petitioner and all parties entitled to service of the order in conformance with subsection (d)(8).

(K) Motion to Vacate, Modify, or Reconsider. Under Section 2-1203 of the Code of Civil Procedure, the petitioner, State's Attorney, or the Illinois State Police may file a motion to vacate, modify, or reconsider the order denying the petition to immediately seal within 60 days of service of the order. If filed more than 60 days after service of the order, a petition to vacate, modify, or reconsider shall comply with subsection (c) of Section 2-1401 of the Code of Civil Procedure.

(L) Effect of Order. An order granting an immediate sealing petition shall not be considered void because it fails to comply with the provisions of this Section or because of an error asserted in a motion to vacate, modify, or reconsider. The circuit court retains jurisdiction to determine whether the order is voidable, and to vacate, modify, or reconsider its terms based on a motion filed under subparagraph (L) of this subsection (g).

(M) Compliance with Order Granting Petition to Seal Records. Unless a court has entered a stay of an order granting a petition to immediately seal, all parties entitled to service of the order must fully comply with the terms of the order within 60 days of service of the order.

(h) Sealing; trafficking victims.

(1) A trafficking victim as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012 shall be eligible to petition for immediate sealing of his or her criminal record upon the completion of his or her last sentence if his or her participation in the underlying offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(2) A petitioner under this subsection (h), in addition to the requirements provided under paragraph (4) of subsection (d) of this Section, shall include in his or her petition a clear and concise statement that: (A) he or she was a victim of human trafficking at the time of the offense; and (B) that his or her participation in the offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(3) If an objection is filed alleging that the petitioner is not entitled to immediate sealing under this subsection (h), the court shall conduct a hearing under paragraph (7) of subsection (d) of this Section and the court shall determine whether the petitioner is entitled to immediate sealing under this subsection (h). A petitioner is eligible for immediate relief under this subsection (h) if he or she shows, by a preponderance of the evidence, that: (A) he or she was a victim of human trafficking at the time of the offense; and (B) that his or her participation in the offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(i) Minor Cannabis Offenses under the Cannabis Control Act.

(1) Expungement of Arrest Records of Minor Cannabis Offenses.

(A) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for a Minor Cannabis Offense committed prior to June 25, 2019 (the effective date of Public Act 101-27) if:

(i) One year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records; and

(ii) No criminal charges were filed relating to the arrest or law enforcement interaction or criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted.

(B) If the law enforcement agency is unable to verify satisfaction of condition (ii) in paragraph (A), records that satisfy condition (i) in paragraph (A) shall be automatically expunged.

(C) Records shall be expunged by the law enforcement agency under the following timelines:

(i) Records created prior to June 25, 2019 (the effective date of Public Act 101-27), but on or after January 1, 2013, shall be automatically expunged prior to January 1, 2021;

(ii) Records created prior to January 1, 2013, but on or after January 1, 2000, shall be automatically expunged prior to January 1, 2024 2023;

(iii) Records created prior to January 1, 2000 shall be automatically expunged prior to January 1, 2026 2025.

In response to an inquiry for expunged records, the law enforcement agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed; however, it shall provide a certificate of disposition or confirmation that the record was expunged to the individual whose record was expunged if such a record exists.

(D) Nothing in this Section shall be construed to restrict or modify an individual's right to have that individual's records expunged except as otherwise may be provided in this Act, or diminish or abrogate any rights or remedies otherwise available to the individual.

(2) Pardons Authorizing Expungement of Minor Cannabis Offenses.

(A) Upon June 25, 2019 (the effective date of Public Act 101-27), the Illinois Department of State Police shall review all criminal history record information and identify all records that meet all of the following criteria:

(i) one or more convictions for a Minor Cannabis Offense;

(ii) the conviction identified in paragraph (2)(A)(i) did not include a penalty enhancement under Section 7 of the Cannabis Control Act; and

(iii) the conviction identified in paragraph (2)(A)(i) is not associated with a conviction for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.

(B) Within 180 days after June 25, 2019 (the effective date of Public Act 101-27), the Department of State Police shall notify the Prisoner Review Board of all such records that meet the criteria established in paragraph (2)(A).

(i) The Prisoner Review Board shall notify the State's Attorney of the county of conviction of each record identified by State Police in paragraph (2)(A) that is classified as a Class 4 felony. The State's Attorney may provide a written objection to the Prisoner Review Board on the sole basis that the record identified does not meet the criteria established in paragraph (2)(A). Such an objection must be filed within 60 days or by such later date set by the Prisoner Review Board in the notice after the State's Attorney received notice from the Prisoner Review Board.

(ii) In response to a written objection from a State's Attorney, the Prisoner Review Board is authorized to conduct a non-public hearing to evaluate the information provided in the objection.

(iii) The Prisoner Review Board shall make a confidential and privileged recommendation to the Governor as to whether to grant a pardon authorizing expungement for each of the records identified by the Illinois Department of State Police as described in paragraph (2)(A).

(C) If an individual has been granted a pardon authorizing expungement as described in this Section, the Prisoner Review Board, through the Attorney General, shall file a petition for expungement with the Chief Judge of the circuit or any judge of the circuit designated by the Chief Judge where the individual had been convicted. Such petition may include more than one individual. Whenever an individual who has been convicted of an offense is granted a pardon by the Governor that specifically authorizes expungement, an objection to the petition may not be filed. Petitions to expunge under this subsection (i) may include more than one individual. Within 90 days of the filing of such a petition, the court shall enter an order expunging the records of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be expunged and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which the individual had received a pardon but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Upon entry of the order of expungement, the circuit court clerk shall promptly provide a copy of the order and a certificate of disposition to the individual who was pardoned to the individual's last known address or by electronic means (if available) or otherwise make it available to the individual upon request.

(D) Nothing in this Section is intended to diminish or abrogate any rights or remedies otherwise available to the individual.

(3) Any individual may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violation of Section 4 or Section 5 of the Cannabis Control Act. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court, Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge. The circuit court clerk shall promptly serve a copy of the motion to vacate and expunge, and any supporting documentation, on the State's Attorney or prosecutor charged with the duty of prosecuting the offense. When considering such a motion to vacate and expunge, a court shall consider the following: the reasons to retain the records provided by law enforcement, the petitioner's age, the petitioner's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. An individual may file such a petition after the completion of any non-financial sentence or non-financial condition imposed by the conviction. Within 60 days of the filing of such motion, a State's Attorney may file an objection to such a petition along with supporting evidence. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraphs (d)(8) and (d)(9)(A) of this Section. An agency providing civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act, assisting individuals seeking to file a motion to vacate and expunge under this subsection may file motions to vacate and expunge with the Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and the motion may include more than one individual. Motions filed by an agency providing civil legal aid concerning more than one individual may be prepared, presented, and signed electronically.

(4) Any State's Attorney may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violation of Section 4 or Section 5 of the Cannabis Control Act. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court, Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and may include more than one individual. Motions filed by a State's Attorney concerning more than one individual may be prepared, presented, and signed electronically. When considering such a motion to vacate and expunge, a court shall consider the following: the reasons to retain the records provided by law enforcement, the individual's age, the individual's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. Upon entry of an order granting a motion to vacate and expunge records pursuant to this Section, the State's Attorney shall notify the Prisoner Review Board within 30 days. Upon entry of the order of expungement, the circuit court clerk shall promptly provide a copy of the order and a certificate of disposition to the individual whose records will be expunged to the individual's last known address or by electronic means (if available) or otherwise make available to the individual upon request. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraphs (d)(8) and (d)(9)(A) of this Section.

(5) In the public interest, the State's Attorney of a county has standing to file motions to vacate and expunge pursuant to this Section in the circuit court with jurisdiction over the underlying conviction.

(6) If a person is arrested for a Minor Cannabis Offense as defined in this Section before June 25, 2019 (the effective date of Public Act 101-27) and the person's case is still pending but a sentence has not been imposed, the person may petition the court in which the charges are pending for an order to summarily dismiss those charges against him or her, and expunge all official records of his or her arrest, plea, trial, conviction, incarceration, supervision, or expungement. If the court determines, upon review, that: (A) the person was arrested before June 25, 2019 (the effective date of Public Act 101-27) for an offense that has been made eligible for expungement; (B) the case is pending at the time; and (C) the person has not been sentenced of the minor cannabis violation eligible for expungement under this subsection, the court shall consider the following: the reasons to retain the records provided by law enforcement, the petitioner's age, the petitioner's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. If a motion to dismiss and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section.

(7) A person imprisoned solely as a result of one or more convictions for Minor Cannabis Offenses under this subsection (i) shall be released from incarceration upon the issuance of an order under this subsection.

(8) The Illinois State Police shall allow a person to use the access and review process, established in the Illinois State Police, for verifying that his or her records relating to Minor Cannabis Offenses of the Cannabis Control Act eligible under this Section have been expunged.

(9) No conviction vacated pursuant to this Section shall serve as the basis for damages for time unjustly served as provided in the Court of Claims Act.

(10) Effect of Expungement. A person's right to expunge an expungeable offense shall not be limited under this Section. The effect of an order of expungement shall be to restore the person to the status he or she occupied before the arrest, charge, or conviction.

(11) Information. The Illinois State Police shall post general information on its website about the expungement process described in this subsection (i).

(j) Felony Prostitution Convictions.

(1) Any individual may file a motion to vacate and expunge a conviction for a prior Class 4 felony violation of prostitution. Motions to vacate and expunge under this subsection (j) may be filed with the circuit court, Chief Judge of a judicial circuit, or any judge of the circuit designated by the Chief Judge. When considering the motion to vacate and expunge, a court shall consider the following:

(A) the reasons to retain the records provided by law enforcement;

(B) the petitioner's age;

(C) the petitioner's age at the time of offense; and

(D) the time since the conviction, and the specific adverse consequences if denied. An individual may file the petition after the completion of any sentence or condition imposed by the conviction. Within 60 days of the filing of the motion, a State's Attorney may file an objection to the petition along with supporting evidence. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section. An agency providing civil legal aid, as defined in Section 15 of the Public Interest Attorney Assistance Act, assisting individuals seeking to file a motion to vacate and expunge under this subsection may file motions to vacate and expunge with the Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and the motion may include more than one individual.

(2) Any State's Attorney may file a motion to vacate and expunge a conviction for a Class 4 felony violation of prostitution. Motions to vacate and expunge under this subsection (j) may be filed with the circuit court, Chief Judge of a judicial circuit, or any judge of the circuit court designated by the Chief Judge, and may include more than one individual. When considering the motion to vacate and expunge, a court shall consider the following reasons:

(A) the reasons to retain the records provided by law enforcement;

(B) the petitioner's age;

(C) the petitioner's age at the time of offense;

(D) the time since the conviction; and

(E) the specific adverse consequences if denied.

If the State's Attorney files a motion to vacate and expunge records for felony prostitution convictions pursuant to this Section, the State's Attorney shall notify the Prisoner Review Board within 30 days of the filing. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section.

(3) In the public interest, the State's Attorney of a county has standing to file motions to vacate and expunge pursuant to this Section in the circuit court with jurisdiction over the underlying conviction.

(4) The Illinois State Police shall allow a person to a use the access and review process, established in the Illinois State Police, for verifying that his or her records relating to felony prostitution eligible under this Section have been expunged.

(5) No conviction vacated pursuant to this Section shall serve as the basis for damages for time unjustly served as provided in the Court of Claims Act.

(6) Effect of Expungement. A person's right to expunge an expungeable offense shall not be limited under this Section. The effect of an order of expungement shall be to restore the person to the status he or she occupied before the arrest, charge, or conviction.

(7) Information. The Illinois State Police shall post general information on its website about the expungement process described in this subsection (j).

(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; revised 8-19-22.)

(Text of Section after amendment by P.A. 102-933)

Sec. 5.2. Expungement, sealing, and immediate sealing.

(a) General Provisions.

(1) Definitions. In this Act, words and phrases have the meanings set forth in this subsection, except when a particular context clearly requires a different meaning.

(A) The following terms shall have the meanings ascribed to them in the following Sections of the Unified Code of Corrections:

Business Offense, Section 5-1-2.

Charge, Section 5-1-3.

Court, Section 5-1-6.

Defendant, Section 5-1-7.

Felony, Section 5-1-9.

Imprisonment, Section 5-1-10.

Judgment, Section 5-1-12.

Misdemeanor, Section 5-1-14.

Offense, Section 5-1-15.

Parole, Section 5-1-16.

Petty Offense, Section 5-1-17.

Probation, Section 5-1-18.

Sentence, Section 5-1-19.

Supervision, Section 5-1-21.

Victim, Section 5-1-22.

(B) As used in this Section, "charge not initiated by arrest" means a charge (as defined by Section 5-1-3 of the Unified Code of Corrections) brought against a defendant where the defendant is not arrested prior to or as a direct result of the charge.

(C) "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. An order of supervision successfully completed by the petitioner is not a conviction. An order of qualified probation (as defined in subsection (a)(1)(J)) successfully completed by the petitioner is not a conviction. An order of supervision or an order of qualified probation that is terminated unsatisfactorily is a conviction, unless the unsatisfactory termination is reversed, vacated, or modified and the judgment of conviction, if any, is reversed or vacated.

(D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)). As used in this Section, a minor traffic offense (as defined in subsection (a)(1)(G)) shall not be considered a criminal offense.

(E) "Expunge" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both. Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and (d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means the sentence, order of supervision, or order of qualified probation (as defined by subsection (a)(1)(J)), for a criminal offense (as defined by subsection (a)(1)(D)) that terminates last in time in any jurisdiction, regardless of whether the petitioner has included the criminal offense for which the sentence or order of supervision or qualified probation was imposed in his or her petition. If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.

(G-5) "Minor Cannabis Offense" means a violation of Section 4 or 5 of the Cannabis Control Act concerning not more than 30 grams of any substance containing cannabis, provided the violation did not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.

(H) "Municipal ordinance violation" means an offense defined by a municipal or local ordinance that is criminal in nature and with which the petitioner was charged or for which the petitioner was arrested and released without charging.

(I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under this Section.

(J) "Qualified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions existed before their deletion by Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act. For the purpose of this Section, "successful completion" of an order of qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Substance Use Disorder Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated.

(K) "Seal" means to physically and electronically maintain the records, unless the records would otherwise be destroyed due to age, but to make the records unavailable without a court order, subject to the exceptions in Sections 12 and 13 of this Act. The petitioner's name shall also be obliterated from the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but any index issued by the circuit court clerk before the entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor" includes, but is not limited to, the offenses of indecent solicitation of a child or criminal sexual abuse when the victim of such offense is under 18 years of age.

(M) "Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this Section. A sentence is terminated notwithstanding any outstanding financial legal obligation.

(2) Minor Traffic Offenses. Orders of supervision or convictions for minor traffic offenses shall not affect a petitioner's eligibility to expunge or seal records pursuant to this Section.

(2.5) Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the law enforcement agency issuing the citation shall automatically expunge, on or before January 1 and July 1 of each year, the law enforcement records of a person found to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the law enforcement agency's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for that offense. The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the court records of a person found in the circuit court to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the clerk's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for any of those offenses.

(2.6) Commencing 180 days after the effective date of this amendatory Act of the 103rd General Assembly, the law enforcement agency issuing the citation shall automatically expunge, on or before January 1 and July 1 of each year, the law enforcement records of a person found to have committed a violation of subsection (e) of Section 401 of the Illinois Controlled Substances Act by possessing psilocybin and psilocin or of subsection (a) of Section 3.5 of the Drug Paraphernalia Control Act by possessing paraphernalia used in relation to psilocybin and psilocin in the law enforcement agency's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for that offense. The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. Commencing 180 days after the effective date of this amendatory Act of the 103rd General Assembly, the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the court records of a person found in the circuit court to have committed a violation of subsection (e) of Section 401 of the Illinois Controlled Substances Act by possessing psilocybin and psilocin or of subsection (a) of Section 3.5 of the Drug Paraphernalia Control Act by possessing paraphernalia used in relation to psilocybin and psilocin in the clerk's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for any of those offenses.

(3) Exclusions. Except as otherwise provided in subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) of this Section, the court shall not order:

(A) the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of: (i) any sexual offense committed against a minor; (ii) Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance; or (iii) Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, unless the arrest or charge is for a misdemeanor violation of subsection (a) of Section 11-503 or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance.

(B) the sealing or expungement of records of minor traffic offenses (as defined in subsection (a)(1)(G)), unless the petitioner was arrested and released without charging.

(C) the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for the following offenses:

(i) offenses included in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a local ordinance, except Section 11-14 and a misdemeanor violation of Section 11-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 26-5, or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(iii) Section Sections 12-3.1 or 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 125 of the Stalking No Contact Order Act, or Section 219 of the Civil No Contact Order Act, or a similar provision of a local ordinance;

(iv) Class A misdemeanors or felony offenses under the Humane Care for Animals Act; or

(v) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act.

(D) (blank).

(b) Expungement.

(1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (i) acquittal, dismissal, or the petitioner's release without charging, unless excluded by subsection (a)(3)(B); (ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B); (iii) an order of supervision and such supervision was successfully completed by the petitioner, unless excluded by subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of qualified probation (as defined in subsection (a)(1)(J)) and such probation was successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of arrest expunged under this Section, and the offender has been convicted of a criminal offense, the State's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest.

(2) Time frame for filing a petition to expunge.

(A) When the arrest or charge not initiated by arrest sought to be expunged resulted in an acquittal, dismissal, the petitioner's release without charging, or the reversal or vacation of a conviction, there is no waiting period to petition for the expungement of such records.

(B) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of supervision, successfully completed by the petitioner, the following time frames will apply:

(i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or under Section 11-1.50, 12-3.2, or 12-15 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance, shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the supervision.

(i-5) Those arrests or charges that resulted in orders of supervision for a misdemeanor violation of subsection (a) of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance shall not be eligible for expungement until the petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in orders of supervision for any other offenses shall not be eligible for expungement until 2 years have passed following the satisfactory termination of the supervision.

(C) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of qualified probation, successfully completed by the petitioner, such records shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the probation.

(3) Those records maintained by the Illinois State Police for persons arrested prior to their 17th birthday shall be expunged as provided in Section 5-915 of the Juvenile Court Act of 1987.

(4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the Illinois State Police, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name. The records of the circuit court clerk shall be sealed until further order of the court upon good cause shown and the name of the aggrieved person obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Nothing in this Section shall limit the Illinois State Police or other criminal justice agencies or prosecutors from listing under an offender's name the false names he or she has used.

(5) Whenever a person has been convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim of that offense may request that the State's Attorney of the county in which the conviction occurred file a verified petition with the presiding trial judge at the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection with the proceedings of the trial court concerning that offense. However, the records of the arresting authority and the Illinois State Police concerning the offense shall not be sealed. The court, upon good cause shown, shall make the records of the circuit court clerk in connection with the proceedings of the trial court concerning the offense available for public inspection.

(6) If a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court that finds the petitioner factually innocent of the charge shall enter an expungement order for the conviction for which the petitioner has been determined to be innocent as provided in subsection (b) of Section 5-5-4 of the Unified Code of Corrections.

(7) Nothing in this Section shall prevent the Illinois State Police from maintaining all records of any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act.

(8) If the petitioner has been granted a certificate of innocence under Section 2-702 of the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults. Subsection (g) of this Section provides for immediate sealing of certain records.

(2) Eligible Records. The following records may be sealed:

(A) All arrests resulting in release without charging;

(B) Arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except as excluded by subsection (a)(3)(B);

(C) Arrests or charges not initiated by arrest resulting in orders of supervision, including orders of supervision for municipal ordinance violations, successfully completed by the petitioner, unless excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest resulting in convictions, including convictions on municipal ordinance violations, unless excluded by subsection (a)(3);

(E) Arrests or charges not initiated by arrest resulting in orders of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, or Section 5-6-3.3 of the Unified Code of Corrections; and

(F) Arrests or charges not initiated by arrest resulting in felony convictions unless otherwise excluded by subsection (a) paragraph (3) of this Section.

(3) When Records Are Eligible to Be Sealed. Records identified as eligible under subsection (c)(2) may be sealed as follows:

(A) Records identified as eligible under subsections subsection (c)(2)(A) and (c)(2)(B) may be sealed at any time.

(B) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsection (c)(2)(C) may be sealed 2 years after the termination of petitioner's last sentence (as defined in subsection (a)(1)(F)).

(C) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be sealed 3 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)). Convictions requiring public registration under the Arsonist Registration Act, the Sex Offender Registration Act, or the Murderer and Violent Offender Against Youth Registration Act may not be sealed until the petitioner is no longer required to register under that relevant Act.

(D) Records identified in subsection (a)(3)(A)(iii) may be sealed after the petitioner has reached the age of 25 years.

(E) Records identified as eligible under subsection subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or (c)(2)(F) may be sealed upon termination of the petitioner's last sentence if the petitioner earned a high school diploma, associate's degree, career certificate, vocational technical certification, or bachelor's degree, or passed the high school level Test of General Educational Development, during the period of his or her sentence or mandatory supervised release. This subparagraph shall apply only to a petitioner who has not completed the same educational goal prior to the period of his or her sentence or mandatory supervised release. If a petition for sealing eligible records filed under this subparagraph is denied by the court, the time periods under subparagraph (B) or (C) shall apply to any subsequent petition for sealing filed by the petitioner.

(4) Subsequent felony convictions. A person may not have subsequent felony conviction records sealed as provided in this subsection (c) if he or she is convicted of any felony offense after the date of the sealing of prior felony convictions as provided in this subsection (c). The court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court.

(5) Notice of eligibility for sealing. Upon entry of a disposition for an eligible record under this subsection (c), the petitioner shall be informed by the court of the right to have the records sealed and the procedures for the sealing of the records.

(d) Procedure. The following procedures apply to expungement under subsections (b), (e), and (e-6) and sealing under subsections (c) and (e-5):

(1) Filing the petition. Upon becoming eligible to petition for the expungement or sealing of records under this Section, the petitioner shall file a petition requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both. If arrests occurred or charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction. The petitioner shall pay the applicable fee, except no fee shall be required if the petitioner has obtained a court order waiving fees under Supreme Court Rule 298 or it is otherwise waived.

(1.5) County fee waiver pilot program. From August 9, 2019 (the effective date of Public Act 101-306) through December 31, 2020, in a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded by subsection (a)(3)(B). The provisions of this paragraph (1.5), other than this sentence, are inoperative on and after January 1, 2022.

(2) Contents of petition. The petition shall be verified and shall contain the petitioner's name, date of birth, current address and, for each arrest or charge not initiated by arrest sought to be sealed or expunged, the case number, the date of arrest (if any), the identity of the arresting authority, and such other information as the court may require. During the pendency of the proceeding, the petitioner shall promptly notify the circuit court clerk of any change of his or her address. If the petitioner has received a certificate of eligibility for sealing from the Prisoner Review Board under paragraph (10) of subsection (a) of Section 3-3-2 of the Unified Code of Corrections, the certificate shall be attached to the petition.

(3) Drug test. The petitioner must attach to the petition proof that the petitioner has taken within 30 days before the filing of the petition a test showing the absence within his or her body of all illegal substances as defined by the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act if he or she is petitioning to:

(A) seal felony records under clause (c)(2)(E);

(B) seal felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act under clause (c)(2)(F);

(C) seal felony records under subsection (e-5); or

(D) expunge felony records of a qualified probation under clause (b)(1)(iv).

(4) Service of petition. The circuit court clerk shall promptly serve a copy of the petition and documentation to support the petition under subsection (e-5) or (e-6) on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Illinois State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, and shall state with specificity the basis of the objection. Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, an objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal must be filed within 60 days of the date of service of the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the charge was brought, any judge of that circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, if any, shall rule on the petition to expunge or seal as set forth in this subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the Illinois State Police, the arresting agency, or the chief legal officer files an objection to the petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition.

(C) Notwithstanding any other provision of law, the court shall not deny a petition for sealing under this Section because the petitioner has not satisfied an outstanding legal financial obligation established, imposed, or originated by a court, law enforcement agency, or a municipal, State, county, or other unit of local government, including, but not limited to, any cost, assessment, fine, or fee. An outstanding legal financial obligation does not include any court ordered restitution to a victim under Section 5-5-6 of the Unified Code of Corrections, unless the restitution has been converted to a civil judgment. Nothing in this subparagraph (C) waives, rescinds, or abrogates a legal financial obligation or otherwise eliminates or affects the right of the holder of any financial obligation to pursue collection under applicable federal, State, or local law.

(D) Notwithstanding any other provision of law, the court shall not deny a petition to expunge or seal under this Section because the petitioner has submitted a drug test taken within 30 days before the filing of the petition to expunge or seal that indicates a positive test for the presence of cannabis within the petitioner's body. In this subparagraph (D), "cannabis" has the meaning ascribed to it in Section 3 of the Cannabis Control Act.

(7) Hearings. If an objection is filed, the court shall set a date for a hearing and notify the petitioner and all parties entitled to notice of the petition of the hearing date at least 30 days prior to the hearing. Prior to the hearing, the State's Attorney shall consult with the Illinois State Police as to the appropriateness of the relief sought in the petition to expunge or seal. At the hearing, the court shall hear evidence on whether the petition should or should not be granted, and shall grant or deny the petition to expunge or seal the records based on the evidence presented at the hearing. The court may consider the following:

(A) the strength of the evidence supporting the defendant's conviction;

(B) the reasons for retention of the conviction records by the State;

(C) the petitioner's age, criminal record history, and employment history;

(D) the period of time between the petitioner's arrest on the charge resulting in the conviction and the filing of the petition under this Section; and

(E) the specific adverse consequences the petitioner may be subject to if the petition is denied.

(8) Service of order. After entering an order to expunge or seal records, the court must provide copies of the order to the Illinois State Police, in a form and manner prescribed by the Illinois State Police, to the petitioner, to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or both:

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Illinois State Police, and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order; and

(iii) in response to an inquiry for expunged records, the court, the Illinois State Police, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.

(B) Upon entry of an order to expunge records pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or both:

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the Illinois State Police within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(iv) records impounded by the Illinois State Police may be disseminated by the Illinois State Police only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense; and

(v) in response to an inquiry for such records from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.

(B-5) Upon entry of an order to expunge records under subsection (e-6):

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed under paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the Illinois State Police within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed under paragraph (12) of subsection (d) of this Section;

(iv) records impounded by the Illinois State Police may be disseminated by the Illinois State Police only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense; and

(v) in response to an inquiry for these records from anyone not authorized by law to access the records, the court, the Illinois State Police, or the agency receiving the inquiry shall reply as it does in response to inquiries when no records ever existed.

(C) Upon entry of an order to seal records under subsection (c), the arresting agency, any other agency as ordered by the court, the Illinois State Police, and the court shall seal the records (as defined in subsection (a)(1)(K)). In response to an inquiry for such records, from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.

(D) The Illinois State Police shall send written notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, within 60 days of service of the order resolving the motion, if that order requires the Illinois State Police to expunge or seal records. In the event of an appeal from the circuit court order, the Illinois State Police shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within 60 days of the issuance of the court's mandate. The notice is not required while any motion to vacate, modify, or reconsider, or any appeal or petition for discretionary appellate review, is pending.

(E) Upon motion, the court may order that a sealed judgment or other court record necessary to demonstrate the amount of any legal financial obligation due and owing be made available for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal proceeding for which those records have been sealed. The records made available under this subparagraph (E) shall not be entered into the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act and shall be immediately re-impounded upon the collection of the outstanding financial obligations.

(F) Notwithstanding any other provision of this Section, a circuit court clerk may access a sealed record for the limited purpose of collecting payment for any legal financial obligations that were established, imposed, or originated in the criminal proceedings for which those records have been sealed.

(10) Fees. The Illinois State Police may charge the petitioner a fee equivalent to the cost of processing any order to expunge or seal records. Notwithstanding any provision of the Clerks of Courts Act to the contrary, the circuit court clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the circuit court clerk. From the total filing fee collected for the petition to seal or expunge, the circuit court clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the circuit court clerk in performing the additional duties required to serve the petition to seal or expunge on all parties. The circuit court clerk shall collect and remit the Illinois State Police portion of the fee to the State Treasurer and it shall be deposited in the State Police Services Fund. If the record brought under an expungement petition was previously sealed under this Section, the fee for the expungement petition for that same record shall be waived.

(11) Final Order. No court order issued under the expungement or sealing provisions of this Section shall become final for purposes of appeal until 30 days after service of the order on the petitioner and all parties entitled to notice of the petition.

(12) Motion to Vacate, Modify, or Reconsider. Under Section 2-1203 of the Code of Civil Procedure, the petitioner or any party entitled to notice may file a motion to vacate, modify, or reconsider the order granting or denying the petition to expunge or seal within 60 days of service of the order. If filed more than 60 days after service of the order, a petition to vacate, modify, or reconsider shall comply with subsection (c) of Section 2-1401 of the Code of Civil Procedure. Upon filing of a motion to vacate, modify, or reconsider, notice of the motion shall be served upon the petitioner and all parties entitled to notice of the petition.

(13) Effect of Order. An order granting a petition under the expungement or sealing provisions of this Section shall not be considered void because it fails to comply with the provisions of this Section or because of any error asserted in a motion to vacate, modify, or reconsider. The circuit court retains jurisdiction to determine whether the order is voidable and to vacate, modify, or reconsider its terms based on a motion filed under paragraph (12) of this subsection (d).

(14) Compliance with Order Granting Petition to Seal Records. Unless a court has entered a stay of an order granting a petition to seal, all parties entitled to notice of the petition must fully comply with the terms of the order within 60 days of service of the order even if a party is seeking relief from the order through a motion filed under paragraph (12) of this subsection (d) or is appealing the order.

(15) Compliance with Order Granting Petition to Expunge Records. While a party is seeking relief from the order granting the petition to expunge through a motion filed under paragraph (12) of this subsection (d) or is appealing the order, and unless a court has entered a stay of that order, the parties entitled to notice of the petition must seal, but need not expunge, the records until there is a final order on the motion for relief or, in the case of an appeal, the issuance of that court's mandate.

(16) The changes to this subsection (d) made by Public Act 98-163 apply to all petitions pending on August 5, 2013 (the effective date of Public Act 98-163) and to all orders ruling on a petition to expunge or seal on or after August 5, 2013 (the effective date of Public Act 98-163).

(e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Illinois State Police may be disseminated by the Illinois State Police only to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Illinois State Police pertaining to that individual. Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was pardoned.

(e-5) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for sealing by the Prisoner Review Board which specifically authorizes sealing, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, have a court order entered sealing the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been granted the certificate but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Illinois State Police may be disseminated by the Illinois State Police only as required by this Act or to the arresting authority, a law enforcement agency, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Illinois State Police pertaining to that individual. Upon entry of the order of sealing, the circuit court clerk shall promptly mail a copy of the order to the person who was granted the certificate of eligibility for sealing.

(e-6) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for expungement by the Prisoner Review Board which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been granted the certificate but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Illinois State Police may be disseminated by the Illinois State Police only as required by this Act or to the arresting authority, a law enforcement agency, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all expunged records of the Illinois State Police pertaining to that individual. Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was granted the certificate of eligibility for expungement.

(f) Subject to available funding, the Illinois Department of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93-211. At the request of the Illinois Department of Corrections, records of the Illinois Department of Employment Security shall be utilized as appropriate to assist in the study. The study shall not disclose any data in a manner that would allow the identification of any particular individual or employing unit. The study shall be made available to the General Assembly no later than September 1, 2010.

(g) Immediate Sealing.

(1) Applicability. Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement or sealing of criminal records, this subsection authorizes the immediate sealing of criminal records of adults and of minors prosecuted as adults.

(2) Eligible Records. Arrests or charges not initiated by arrest resulting in acquittal or dismissal with prejudice, except as excluded by subsection (a)(3)(B), that occur on or after January 1, 2018 (the effective date of Public Act 100-282), may be sealed immediately if the petition is filed with the circuit court clerk on the same day and during the same hearing in which the case is disposed.

(3) When Records are Eligible to be Immediately Sealed. Eligible records under paragraph (2) of this subsection (g) may be sealed immediately after entry of the final disposition of a case, notwithstanding the disposition of other charges in the same case.

(4) Notice of Eligibility for Immediate Sealing. Upon entry of a disposition for an eligible record under this subsection (g), the defendant shall be informed by the court of his or her right to have eligible records immediately sealed and the procedure for the immediate sealing of these records.

(5) Procedure. The following procedures apply to immediate sealing under this subsection (g).

(A) Filing the Petition. Upon entry of the final disposition of the case, the defendant's attorney may immediately petition the court, on behalf of the defendant, for immediate sealing of eligible records under paragraph (2) of this subsection (g) that are entered on or after January 1, 2018 (the effective date of Public Act 100-282). The immediate sealing petition may be filed with the circuit court clerk during the hearing in which the final disposition of the case is entered. If the defendant's attorney does not file the petition for immediate sealing during the hearing, the defendant may file a petition for sealing at any time as authorized under subsection (c)(3)(A).

(B) Contents of Petition. The immediate sealing petition shall be verified and shall contain the petitioner's name, date of birth, current address, and for each eligible record, the case number, the date of arrest if applicable, the identity of the arresting authority if applicable, and other information as the court may require.

(C) Drug Test. The petitioner shall not be required to attach proof that he or she has passed a drug test.

(D) Service of Petition. A copy of the petition shall be served on the State's Attorney in open court. The petitioner shall not be required to serve a copy of the petition on any other agency.

(E) Entry of Order. The presiding trial judge shall enter an order granting or denying the petition for immediate sealing during the hearing in which it is filed. Petitions for immediate sealing shall be ruled on in the same hearing in which the final disposition of the case is entered.

(F) Hearings. The court shall hear the petition for immediate sealing on the same day and during the same hearing in which the disposition is rendered.

(G) Service of Order. An order to immediately seal eligible records shall be served in conformance with subsection (d)(8).

(H) Implementation of Order. An order to immediately seal records shall be implemented in conformance with subsections (d)(9)(C) and (d)(9)(D).

(I) Fees. The fee imposed by the circuit court clerk and the Illinois State Police shall comply with paragraph (1) of subsection (d) of this Section.

(J) Final Order. No court order issued under this subsection (g) shall become final for purposes of appeal until 30 days after service of the order on the petitioner and all parties entitled to service of the order in conformance with subsection (d)(8).

(K) Motion to Vacate, Modify, or Reconsider. Under Section 2-1203 of the Code of Civil Procedure, the petitioner, State's Attorney, or the Illinois State Police may file a motion to vacate, modify, or reconsider the order denying the petition to immediately seal within 60 days of service of the order. If filed more than 60 days after service of the order, a petition to vacate, modify, or reconsider shall comply with subsection (c) of Section 2-1401 of the Code of Civil Procedure.

(L) Effect of Order. An order granting an immediate sealing petition shall not be considered void because it fails to comply with the provisions of this Section or because of an error asserted in a motion to vacate, modify, or reconsider. The circuit court retains jurisdiction to determine whether the order is voidable, and to vacate, modify, or reconsider its terms based on a motion filed under subparagraph (L) of this subsection (g).

(M) Compliance with Order Granting Petition to Seal Records. Unless a court has entered a stay of an order granting a petition to immediately seal, all parties entitled to service of the order must fully comply with the terms of the order within 60 days of service of the order.

(h) Sealing; trafficking victims.

(1) A trafficking victim as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012 shall be eligible to petition for immediate sealing of his or her criminal record upon the completion of his or her last sentence if his or her participation in the underlying offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(2) A petitioner under this subsection (h), in addition to the requirements provided under paragraph (4) of subsection (d) of this Section, shall include in his or her petition a clear and concise statement that: (A) he or she was a victim of human trafficking at the time of the offense; and (B) that his or her participation in the offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(3) If an objection is filed alleging that the petitioner is not entitled to immediate sealing under this subsection (h), the court shall conduct a hearing under paragraph (7) of subsection (d) of this Section and the court shall determine whether the petitioner is entitled to immediate sealing under this subsection (h). A petitioner is eligible for immediate relief under this subsection (h) if he or she shows, by a preponderance of the evidence, that: (A) he or she was a victim of human trafficking at the time of the offense; and (B) that his or her participation in the offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(i) Minor Cannabis Offenses under the Cannabis Control Act.

(1) Expungement of Arrest Records of Minor Cannabis Offenses.

(A) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for a Minor Cannabis Offense committed prior to June 25, 2019 (the effective date of Public Act 101-27) if:

(i) One year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records; and

(ii) No criminal charges were filed relating to the arrest or law enforcement interaction or criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted.

(B) If the law enforcement agency is unable to verify satisfaction of condition (ii) in paragraph (A), records that satisfy condition (i) in paragraph (A) shall be automatically expunged.

(C) Records shall be expunged by the law enforcement agency under the following timelines:

(i) Records created prior to June 25, 2019 (the effective date of Public Act 101-27), but on or after January 1, 2013, shall be automatically expunged prior to January 1, 2021;

(ii) Records created prior to January 1, 2013, but on or after January 1, 2000, shall be automatically expunged prior to January 1, 2024 2023;

(iii) Records created prior to January 1, 2000 shall be automatically expunged prior to January 1, 2026 2025.

In response to an inquiry for expunged records, the law enforcement agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed; however, it shall provide a certificate of disposition or confirmation that the record was expunged to the individual whose record was expunged if such a record exists.

(D) Nothing in this Section shall be construed to restrict or modify an individual's right to have that individual's records expunged except as otherwise may be provided in this Act, or diminish or abrogate any rights or remedies otherwise available to the individual.

(2) Pardons Authorizing Expungement of Minor Cannabis Offenses.

(A) Upon June 25, 2019 (the effective date of Public Act 101-27), the Illinois Department of State Police shall review all criminal history record information and identify all records that meet all of the following criteria:

(i) one or more convictions for a Minor Cannabis Offense;

(ii) the conviction identified in paragraph (2)(A)(i) did not include a penalty enhancement under Section 7 of the Cannabis Control Act; and

(iii) the conviction identified in paragraph (2)(A)(i) is not associated with a conviction for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.

(B) Within 180 days after June 25, 2019 (the effective date of Public Act 101-27), the Department of State Police shall notify the Prisoner Review Board of all such records that meet the criteria established in paragraph (2)(A).

(i) The Prisoner Review Board shall notify the State's Attorney of the county of conviction of each record identified by State Police in paragraph (2)(A) that is classified as a Class 4 felony. The State's Attorney may provide a written objection to the Prisoner Review Board on the sole basis that the record identified does not meet the criteria established in paragraph (2)(A). Such an objection must be filed within 60 days or by such later date set by the Prisoner Review Board in the notice after the State's Attorney received notice from the Prisoner Review Board.

(ii) In response to a written objection from a State's Attorney, the Prisoner Review Board is authorized to conduct a non-public hearing to evaluate the information provided in the objection.

(iii) The Prisoner Review Board shall make a confidential and privileged recommendation to the Governor as to whether to grant a pardon authorizing expungement for each of the records identified by the Illinois Department of State Police as described in paragraph (2)(A).

(C) If an individual has been granted a pardon authorizing expungement as described in this Section, the Prisoner Review Board, through the Attorney General, shall file a petition for expungement with the Chief Judge of the circuit or any judge of the circuit designated by the Chief Judge where the individual had been convicted. Such petition may include more than one individual. Whenever an individual who has been convicted of an offense is granted a pardon by the Governor that specifically authorizes expungement, an objection to the petition may not be filed. Petitions to expunge under this subsection (i) may include more than one individual. Within 90 days of the filing of such a petition, the court shall enter an order expunging the records of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be expunged and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which the individual had received a pardon but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Upon entry of the order of expungement, the circuit court clerk shall promptly provide a copy of the order and a certificate of disposition to the individual who was pardoned to the individual's last known address or by electronic means (if available) or otherwise make it available to the individual upon request.

(D) Nothing in this Section is intended to diminish or abrogate any rights or remedies otherwise available to the individual.

(3) Any individual may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violation of Section 4 or Section 5 of the Cannabis Control Act. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court, Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge. The circuit court clerk shall promptly serve a copy of the motion to vacate and expunge, and any supporting documentation, on the State's Attorney or prosecutor charged with the duty of prosecuting the offense. When considering such a motion to vacate and expunge, a court shall consider the following: the reasons to retain the records provided by law enforcement, the petitioner's age, the petitioner's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. An individual may file such a petition after the completion of any non-financial sentence or non-financial condition imposed by the conviction. Within 60 days of the filing of such motion, a State's Attorney may file an objection to such a petition along with supporting evidence. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraphs (d)(8) and (d)(9)(A) of this Section. An agency providing civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act, assisting individuals seeking to file a motion to vacate and expunge under this subsection may file motions to vacate and expunge with the Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and the motion may include more than one individual. Motions filed by an agency providing civil legal aid concerning more than one individual may be prepared, presented, and signed electronically.

(4) Any State's Attorney may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violation of Section 4 or Section 5 of the Cannabis Control Act. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court, Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and may include more than one individual. Motions filed by a State's Attorney concerning more than one individual may be prepared, presented, and signed electronically. When considering such a motion to vacate and expunge, a court shall consider the following: the reasons to retain the records provided by law enforcement, the individual's age, the individual's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. Upon entry of an order granting a motion to vacate and expunge records pursuant to this Section, the State's Attorney shall notify the Prisoner Review Board within 30 days. Upon entry of the order of expungement, the circuit court clerk shall promptly provide a copy of the order and a certificate of disposition to the individual whose records will be expunged to the individual's last known address or by electronic means (if available) or otherwise make available to the individual upon request. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraphs (d)(8) and (d)(9)(A) of this Section.

(5) In the public interest, the State's Attorney of a county has standing to file motions to vacate and expunge pursuant to this Section in the circuit court with jurisdiction over the underlying conviction.

(6) If a person is arrested for a Minor Cannabis Offense as defined in this Section before June 25, 2019 (the effective date of Public Act 101-27) and the person's case is still pending but a sentence has not been imposed, the person may petition the court in which the charges are pending for an order to summarily dismiss those charges against him or her, and expunge all official records of his or her arrest, plea, trial, conviction, incarceration, supervision, or expungement. If the court determines, upon review, that: (A) the person was arrested before June 25, 2019 (the effective date of Public Act 101-27) for an offense that has been made eligible for expungement; (B) the case is pending at the time; and (C) the person has not been sentenced of the minor cannabis violation eligible for expungement under this subsection, the court shall consider the following: the reasons to retain the records provided by law enforcement, the petitioner's age, the petitioner's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. If a motion to dismiss and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section.

(7) A person imprisoned solely as a result of one or more convictions for Minor Cannabis Offenses under this subsection (i) shall be released from incarceration upon the issuance of an order under this subsection.

(8) The Illinois State Police shall allow a person to use the access and review process, established in the Illinois State Police, for verifying that his or her records relating to Minor Cannabis Offenses of the Cannabis Control Act eligible under this Section have been expunged.

(9) No conviction vacated pursuant to this Section shall serve as the basis for damages for time unjustly served as provided in the Court of Claims Act.

(10) Effect of Expungement. A person's right to expunge an expungeable offense shall not be limited under this Section. The effect of an order of expungement shall be to restore the person to the status he or she occupied before the arrest, charge, or conviction.

(11) Information. The Illinois State Police shall post general information on its website about the expungement process described in this subsection (i).

(j) Felony Prostitution Convictions.

(1) Any individual may file a motion to vacate and expunge a conviction for a prior Class 4 felony violation of prostitution. Motions to vacate and expunge under this subsection (j) may be filed with the circuit court, Chief Judge of a judicial circuit, or any judge of the circuit designated by the Chief Judge. When considering the motion to vacate and expunge, a court shall consider the following:

(A) the reasons to retain the records provided by law enforcement;

(B) the petitioner's age;

(C) the petitioner's age at the time of offense; and

(D) the time since the conviction, and the specific adverse consequences if denied. An individual may file the petition after the completion of any sentence or condition imposed by the conviction. Within 60 days of the filing of the motion, a State's Attorney may file an objection to the petition along with supporting evidence. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section. An agency providing civil legal aid, as defined in Section 15 of the Public Interest Attorney Assistance Act, assisting individuals seeking to file a motion to vacate and expunge under this subsection may file motions to vacate and expunge with the Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and the motion may include more than one individual.

(2) Any State's Attorney may file a motion to vacate and expunge a conviction for a Class 4 felony violation of prostitution. Motions to vacate and expunge under this subsection (j) may be filed with the circuit court, Chief Judge of a judicial circuit, or any judge of the circuit court designated by the Chief Judge, and may include more than one individual. When considering the motion to vacate and expunge, a court shall consider the following reasons:

(A) the reasons to retain the records provided by law enforcement;

(B) the petitioner's age;

(C) the petitioner's age at the time of offense;

(D) the time since the conviction; and

(E) the specific adverse consequences if denied.

If the State's Attorney files a motion to vacate and expunge records for felony prostitution convictions pursuant to this Section, the State's Attorney shall notify the Prisoner Review Board within 30 days of the filing. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section.

(3) In the public interest, the State's Attorney of a county has standing to file motions to vacate and expunge pursuant to this Section in the circuit court with jurisdiction over the underlying conviction.

(4) The Illinois State Police shall allow a person to a use the access and review process, established in the Illinois State Police, for verifying that his or her records relating to felony prostitution eligible under this Section have been expunged.

(5) No conviction vacated pursuant to this Section shall serve as the basis for damages for time unjustly served as provided in the Court of Claims Act.

(6) Effect of Expungement. A person's right to expunge an expungeable offense shall not be limited under this Section. The effect of an order of expungement shall be to restore the person to the status he or she occupied before the arrest, charge, or conviction.

(7) Information. The Illinois State Police shall post general information on its website about the expungement process described in this subsection (j).

(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. 1-1-23; revised 8-19-22.)

Section 550. The State Finance Act is amended by adding Sections 5.990 and 5.991 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Psilocybin Control and Regulation Fund.

(30 ILCS 105/5.991 new)

Sec. 5.991. The Illinois Psilocybin Fund.

Section 555. The Illinois Independent Tax Tribunal Act of 2012 is amended by changing Section 1-45 as follows:

(35 ILCS 1010/1-45)

Sec. 1-45. Jurisdiction of the Tax Tribunal.

(a) Except as provided by the Constitution of the United States, the Constitution of the State of Illinois, or any statutes of this State, including, but not limited to, the State Officers and Employees Money Disposition Act, the Tax Tribunal shall have original jurisdiction over all determinations of the Department reflected on a Notice of Deficiency, Notice of Tax Liability, Notice of Claim Denial, or Notice of Penalty Liability issued under the Illinois Income Tax Act, the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco Products Tax Act of 1995, the Hotel Operators' Occupation Tax Act, the Motor Fuel Tax Law, the Automobile Renting Occupation and Use Tax Act, the Coin-Operated Amusement Device and Redemption Machine Tax Act, the Gas Revenue Tax Act, the Water Company Invested Capital Tax Act, the Telecommunications Excise Tax Act, the Telecommunications Infrastructure Maintenance Fee Act, the Public Utilities Revenue Act, the Electricity Excise Tax Law, the Aircraft Use Tax Law, the Watercraft Use Tax Law, the Gas Use Tax Law, or the Uniform Penalty and Interest Act, or the Compassionate Use and Research of Entheogens Act. Jurisdiction of the Tax Tribunal is limited to Notices of Tax Liability, Notices of Deficiency, Notices of Claim Denial, and Notices of Penalty Liability where the amount at issue in a notice, or the aggregate amount at issue in multiple notices issued for the same tax year or audit period, exceeds $15,000, exclusive of penalties and interest. In notices solely asserting either an interest or penalty assessment, or both, the Tax Tribunal shall have jurisdiction over cases where the combined total of all penalties or interest assessed exceeds $15,000.

(b) Except as otherwise permitted by this Act and by the Constitution of the State of Illinois or otherwise by State law, including, but not limited to, the State Officers and Employees Money Disposition Act, no person shall contest any matter within the jurisdiction of the Tax Tribunal in any action, suit, or proceeding in the circuit court or any other court of the State. If a person attempts to do so, then such action, suit, or proceeding shall be dismissed without prejudice. The improper commencement of any action, suit, or proceeding does not extend the time period for commencing a proceeding in the Tax Tribunal.

(c) The Tax Tribunal may require the taxpayer to post a bond equal to 25% of the liability at issue (1) upon motion of the Department and a showing that (A) the taxpayer's action is frivolous or legally insufficient or (B) the taxpayer is acting primarily for the purpose of delaying the collection of tax or prejudicing the ability ultimately to collect the tax, or (2) if, at any time during the proceedings, it is determined by the Tax Tribunal that the taxpayer is not pursuing the resolution of the case with due diligence. If the Tax Tribunal finds in a particular case that the taxpayer cannot procure and furnish a satisfactory surety or sureties for the kind of bond required herein, the Tax Tribunal may relieve the taxpayer of the obligation of filing such bond, if, upon the timely application for a lien in lieu thereof and accompanying proof therein submitted, the Tax Tribunal is satisfied that any such lien imposed would operate to secure the assessment in the manner and to the degree as would a bond. The Tax Tribunal shall adopt rules for the procedures to be used in securing a bond or lien under this Section.

(d) If, with or after the filing of a timely petition, the taxpayer pays all or part of the tax or other amount in issue before the Tax Tribunal has rendered a decision, the Tax Tribunal shall treat the taxpayer's petition as a protest of a denial of claim for refund of the amount so paid upon a written motion filed by the taxpayer.

(e) The Tax Tribunal shall not have jurisdiction to review:

(1) any assessment made under the Property Tax Code;

(2) any decisions relating to the issuance or denial of an exemption ruling for any entity claiming exemption from any tax imposed under the Property Tax Code or any State tax administered by the Department;

(3) a notice of proposed tax liability, notice of proposed deficiency, or any other notice of proposed assessment or notice of intent to take some action;

(4) any action or determination of the Department regarding tax liabilities that have become finalized by law, including but not limited to the issuance of liens, levies, and revocations, suspensions, or denials of licenses or certificates of registration or any other collection activities;

(5) any proceedings of the Department's informal administrative appeals function; and

(6) any challenge to an administrative subpoena issued by the Department.

(f) The Tax Tribunal shall decide questions regarding the constitutionality of statutes and rules adopted by the Department as applied to the taxpayer, but shall not have the power to declare a statute or rule unconstitutional or otherwise invalid on its face. A taxpayer challenging the constitutionality of a statute or rule on its face may present such challenge to the Tax Tribunal for the sole purpose of making a record for review by the Illinois Appellate Court. Failure to raise a constitutional issue regarding the application of a statute or regulations to the taxpayer shall not preclude the taxpayer or the Department from raising those issues at the appellate court level.

(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)

Section 560. The Illinois Controlled Substances Act is amended by changing Sections 102 and 204 as follows:

(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

Sec. 102. Definitions. As used in this Act, unless the context otherwise requires:

(a) "Addict" means any person who habitually uses any drug, chemical, substance or dangerous drug other than alcohol so as to endanger the public morals, health, safety or welfare or who is so far addicted to the use of a dangerous drug or controlled substance other than alcohol as to have lost the power of self control with reference to his or her addiction.

(b) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient, research subject, or animal (as defined by the Humane Euthanasia in Animal Shelters Act) by:

(1) a practitioner (or, in his or her presence, by his or her authorized agent),

(2) the patient or research subject pursuant to an order, or

(3) a euthanasia technician as defined by the Humane Euthanasia in Animal Shelters Act.

(c) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, dispenser, prescriber, or practitioner. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

(c-1) "Anabolic Steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes:

(i) 3[beta],17-dihydroxy-5a-androstane,

(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

(iii) 5[alpha]-androstan-3,17-dione,

(iv) 1-androstenediol (3[beta],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(v) 1-androstenediol (3[alpha],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(vi) 4-androstenediol

(3[beta],17[beta]-dihydroxy-androst-4-ene),

(vii) 5-androstenediol

(3[beta],17[beta]-dihydroxy-androst-5-ene),

(viii) 1-androstenedione

([5alpha]-androst-1-en-3,17-dione),

(ix) 4-androstenedione

(androst-4-en-3,17-dione),

(x) 5-androstenedione

(androst-5-en-3,17-dione),

(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xii) boldenone (17[beta]-hydroxyandrost-

1,4,-diene-3-one),

(xiii) boldione (androsta-1,4-

diene-3,17-dione),

(xiv) calusterone (7[beta],17[alpha]-dimethyl-17

[beta]-hydroxyandrost-4-en-3-one),

(xv) clostebol (4-chloro-17[beta]-

hydroxyandrost-4-en-3-one),

(xvi) dehydrochloromethyltestosterone (4-chloro-

17[beta]-hydroxy-17[alpha]-methyl-

androst-1,4-dien-3-one),

(xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]

-androst-2-en-17[beta]-ol)(a.k.a., madol),

(xviii) [delta]1-dihydrotestosterone (a.k.a.

'1-testosterone') (17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xix) 4-dihydrotestosterone (17[beta]-hydroxy-

androstan-3-one),

(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

5[alpha]-androstan-3-one),

(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-ene),

(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

17[beta]-dihydroxyandrost-1,4-dien-3-one),

(xxiv) furazabol (17[alpha]-methyl-17[beta]-

hydroxyandrostano[2,3-c]-furazan),

(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,

(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

androst-4-en-3-one),

(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

dihydroxy-estr-4-en-3-one),

(xxviii) mestanolone (17[alpha]-methyl-17[beta]-

hydroxy-5-androstan-3-one),

(xxix) mesterolone (1amethyl-17[beta]-hydroxy-

[5a]-androstan-3-one),

(xxx) methandienone (17[alpha]-methyl-17[beta]-

hydroxyandrost-1,4-dien-3-one),

(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-5-ene),

(xxxii) methenolone (1-methyl-17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

dihydroxy-5a-androstane,

(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

-5a-androstane,

(xxxv) 17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-4-ene),

(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9(10)-dien-3-one),

(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9-11-trien-3-one),

(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

hydroxyestr-4-en-3-one),

(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

1-testosterone'),

(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

dihydroxyestr-4-ene),

(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-4-ene),

(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

dihydroxyestr-5-ene),

(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-5-ene),

(xlvii) 19-nor-4,9(10)-androstadienedione

(estra-4,9(10)-diene-3,17-dione),

(xlviii) 19-nor-4-androstenedione (estr-4-

en-3,17-dione),

(xlix) 19-nor-5-androstenedione (estr-5-

en-3,17-dione),

(l) norbolethone (13[beta], 17a-diethyl-17[beta]-

hydroxygon-4-en-3-one),

(li) norclostebol (4-chloro-17[beta]-

hydroxyestr-4-en-3-one),

(lii) norethandrolone (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-en-3-one),

(liii) normethandrolone (17[alpha]-methyl-17[beta]-

hydroxyestr-4-en-3-one),

(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

2-oxa-5[alpha]-androstan-3-one),

(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

dihydroxyandrost-4-en-3-one),

(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

17[beta]-hydroxy-(5[alpha]-androstan-3-one),

(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

(5[alpha]-androst-2-eno[3,2-c]-pyrazole),

(lviii) stenbolone (17[beta]-hydroxy-2-methyl-

(5[alpha]-androst-1-en-3-one),

(lix) testolactone (13-hydroxy-3-oxo-13,17-

secoandrosta-1,4-dien-17-oic

acid lactone),

(lx) testosterone (17[beta]-hydroxyandrost-

4-en-3-one),

(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

diethyl-17[beta]-hydroxygon-

4,9,11-trien-3-one),

(lxii) trenbolone (17[beta]-hydroxyestr-4,9,

11-trien-3-one).

Any person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufactures, distributes, dispenses, delivers, or possesses with intent to deliver an anabolic steroid, which anabolic steroid is expressly intended for and lawfully allowed to be administered through implants to livestock or other nonhuman species, and which is approved by the Secretary of Health and Human Services for such administration, and which the person intends to administer or have administered through such implants, shall not be considered to be in unauthorized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess with intent to deliver such anabolic steroid for purposes of this Act.

(d) "Administration" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency.

(d-5) "Clinical Director, Prescription Monitoring Program" means a Department of Human Services administrative employee licensed to either prescribe or dispense controlled substances who shall run the clinical aspects of the Department of Human Services Prescription Monitoring Program and its Prescription Information Library.

(d-10) "Compounding" means the preparation and mixing of components, excluding flavorings, (1) as the result of a prescriber's prescription drug order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice or (2) for the purpose of, or incident to, research, teaching, or chemical analysis and not for sale or dispensing. "Compounding" includes the preparation of drugs or devices in anticipation of receiving prescription drug orders based on routine, regularly observed dispensing patterns. Commercially available products may be compounded for dispensing to individual patients only if both of the following conditions are met: (i) the commercial product is not reasonably available from normal distribution channels in a timely manner to meet the patient's needs and (ii) the prescribing practitioner has requested that the drug be compounded.

(e) "Control" means to add a drug or other substance, or immediate precursor, to a Schedule whether by transfer from another Schedule or otherwise.

(f) "Controlled Substance" means (i) a drug, substance, immediate precursor, or synthetic drug in the Schedules of Article II of this Act or (ii) a drug or other substance, or immediate precursor, designated as a controlled substance by the Department through administrative rule. The term does not include: distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in the Liquor Control Act of 1934 and the Tobacco Products Tax Act of 1995; or psilocybin or a psilocybin product, as those terms are defined or used in the Compassionate Use and Research of Entheogens Act.

(f-5) "Controlled substance analog" means a substance:

(1) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II;

(2) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or

(3) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

(g) "Counterfeit substance" means a controlled substance, which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

(h) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of a controlled substance, with or without consideration, whether or not there is an agency relationship. "Deliver" or "delivery" does not include the donation of drugs to the extent permitted under the Illinois Drug Reuse Opportunity Program Act.

(i) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.

(j) (Blank).

(k) "Department of Corrections" means the Department of Corrections of the State of Illinois or its successor agency.

(l) "Department of Financial and Professional Regulation" means the Department of Financial and Professional Regulation of the State of Illinois or its successor agency.

(m) "Depressant" means any drug that (i) causes an overall depression of central nervous system functions, (ii) causes impaired consciousness and awareness, and (iii) can be habit-forming or lead to a substance abuse problem, including, but not limited to, alcohol, cannabis and its active principles and their analogs, benzodiazepines and their analogs, barbiturates and their analogs, opioids (natural and synthetic) and their analogs, and chloral hydrate and similar sedative hypnotics.

(n) (Blank).

(o) "Director" means the Director of the Illinois State Police or his or her designated agents.

(p) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a prescriber, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.

(q) "Dispenser" means a practitioner who dispenses.

(r) "Distribute" means to deliver, other than by administering or dispensing, a controlled substance.

(s) "Distributor" means a person who distributes.

(t) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure of any function of the body of man or animals and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories.

(t-3) "Electronic health record" or "EHR" means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.

(t-3.5) "Electronic health record system" or "EHR system" means any computer-based system or combination of federally certified Health IT Modules (defined at 42 CFR 170.102 or its successor) used as a repository for electronic health records and accessed or updated by a prescriber or authorized surrogate in the ordinary course of his or her medical practice. For purposes of connecting to the Prescription Information Library maintained by the Bureau of Pharmacy and Clinical Support Systems or its successor, an EHR system may connect to the Prescription Information Library directly or through all or part of a computer program or system that is a federally certified Health IT Module maintained by a third party and used by the EHR system to secure access to the database.

(t-4) "Emergency medical services personnel" has the meaning ascribed to it in the Emergency Medical Services (EMS) Systems Act.

(t-5) "Euthanasia agency" means an entity certified by the Department of Financial and Professional Regulation for the purpose of animal euthanasia that holds an animal control facility license or animal shelter license under the Animal Welfare Act. A euthanasia agency is authorized to purchase, store, possess, and utilize Schedule II nonnarcotic and Schedule III nonnarcotic drugs for the sole purpose of animal euthanasia.

(t-10) "Euthanasia drugs" means Schedule II or Schedule III substances (nonnarcotic controlled substances) that are used by a euthanasia agency for the purpose of animal euthanasia.

(u) "Good faith" means the prescribing or dispensing of a controlled substance by a practitioner in the regular course of professional treatment to or for any person who is under his or her treatment for a pathology or condition other than that individual's physical or psychological dependence upon or addiction to a controlled substance, except as provided herein: and application of the term to a pharmacist shall mean the dispensing of a controlled substance pursuant to the prescriber's order which in the professional judgment of the pharmacist is lawful. The pharmacist shall be guided by accepted professional standards, including, but not limited to, the following, in making the judgment:

(1) lack of consistency of prescriber-patient relationship,

(2) frequency of prescriptions for same drug by one prescriber for large numbers of patients,

(3) quantities beyond those normally prescribed,

(4) unusual dosages (recognizing that there may be clinical circumstances where more or less than the usual dose may be used legitimately),

(5) unusual geographic distances between patient, pharmacist and prescriber,

(6) consistent prescribing of habit-forming drugs.

(u-0.5) "Hallucinogen" means a drug that causes markedly altered sensory perception leading to hallucinations of any type.

(u-1) "Home infusion services" means services provided by a pharmacy in compounding solutions for direct administration to a patient in a private residence, long-term care facility, or hospice setting by means of parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion.

(u-5) "Illinois State Police" means the Illinois State Police or its successor agency.

(v) "Immediate precursor" means a substance:

(1) which the Department has found to be and by rule designated as being a principal compound used, or produced primarily for use, in the manufacture of a controlled substance;

(2) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance; and

(3) the control of which is necessary to prevent, curtail or limit the manufacture of such controlled substance.

(w) "Instructional activities" means the acts of teaching, educating or instructing by practitioners using controlled substances within educational facilities approved by the State Board of Education or its successor agency.

(x) "Local authorities" means a duly organized State, County or Municipal peace unit or police force.

(y) "Look-alike substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance, or (2) is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this clause (2) of subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant:

(a) statements made by the owner or person in control of the substance concerning its nature, use or effect;

(b) statements made to the buyer or recipient that the substance may be resold for profit;

(c) whether the substance is packaged in a manner normally used for the illegal distribution of controlled substances;

(d) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.

Clause (1) of this subsection (y) shall not apply to a noncontrolled substance in its finished dosage form that was initially introduced into commerce prior to the initial introduction into commerce of a controlled substance in its finished dosage form which it may substantially resemble.

Nothing in this subsection (y) prohibits the dispensing or distributing of noncontrolled substances by persons authorized to dispense and distribute controlled substances under this Act, provided that such action would be deemed to be carried out in good faith under subsection (u) if the substances involved were controlled substances.

Nothing in this subsection (y) or in this Act prohibits the manufacture, preparation, propagation, compounding, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

(y-1) "Mail-order pharmacy" means a pharmacy that is located in a state of the United States that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residents, any substance which requires a prescription.

(z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance other than methamphetamine, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that this term does not include:

(1) by an ultimate user, the preparation or compounding of a controlled substance for his or her own use;

(2) by a practitioner, or his or her authorized agent under his or her supervision, the preparation, compounding, packaging, or labeling of a controlled substance:

(a) as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or

(b) as an incident to lawful research, teaching or chemical analysis and not for sale; or

(3) the packaging, repackaging, or labeling of drugs only to the extent permitted under the Illinois Drug Reuse Opportunity Program Act.

(z-1) (Blank).

(z-5) "Medication shopping" means the conduct prohibited under subsection (a) of Section 314.5 of this Act.

(z-10) "Mid-level practitioner" means (i) a physician assistant who has been delegated authority to prescribe through a written delegation of authority by a physician licensed to practice medicine in all of its branches, in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, (ii) an advanced practice registered nurse who has been delegated authority to prescribe through a written delegation of authority by a physician licensed to practice medicine in all of its branches or by a podiatric physician, in accordance with Section 65-40 of the Nurse Practice Act, (iii) an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act, (iv) an animal euthanasia agency, or (v) a prescribing psychologist.

(aa) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation; however the term "narcotic drug" does not include the isoquinoline alkaloids of opium;

(2) (blank);

(3) opium poppy and poppy straw;

(4) coca leaves, except coca leaves and extracts of coca leaves from which substantially all of the cocaine and ecgonine, and their isomers, derivatives and salts, have been removed;

(5) cocaine, its salts, optical and geometric isomers, and salts of isomers;

(6) ecgonine, its derivatives, their salts, isomers, and salts of isomers;

(7) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (1) through (6).

(bb) "Nurse" means a registered nurse licensed under the Nurse Practice Act.

(cc) (Blank).

(dd) "Opiate" means any substance having an addiction forming or addiction sustaining liability similar to morphine or being capable of conversion into a drug having addiction forming or addiction sustaining liability.

(ee) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

(ee-5) "Oral dosage" means a tablet, capsule, elixir, or solution or other liquid form of medication intended for administration by mouth, but the term does not include a form of medication intended for buccal, sublingual, or transmucosal administration.

(ff) "Parole and Pardon Board" means the Parole and Pardon Board of the State of Illinois or its successor agency.

(gg) "Person" means any individual, corporation, mail-order pharmacy, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.

(hh) "Pharmacist" means any person who holds a license or certificate of registration as a registered pharmacist, a local registered pharmacist or a registered assistant pharmacist under the Pharmacy Practice Act.

(ii) "Pharmacy" means any store, ship or other place in which pharmacy is authorized to be practiced under the Pharmacy Practice Act.

(ii-5) "Pharmacy shopping" means the conduct prohibited under subsection (b) of Section 314.5 of this Act.

(ii-10) "Physician" (except when the context otherwise requires) means a person licensed to practice medicine in all of its branches.

(jj) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

(kk) "Practitioner" means a physician licensed to practice medicine in all its branches, dentist, optometrist, podiatric physician, veterinarian, scientific investigator, pharmacist, physician assistant, advanced practice registered nurse, licensed practical nurse, registered nurse, emergency medical services personnel, hospital, laboratory, or pharmacy, or other person licensed, registered, or otherwise lawfully permitted by the United States or this State to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

(ll) "Pre-printed prescription" means a written prescription upon which the designated drug has been indicated prior to the time of issuance; the term does not mean a written prescription that is individually generated by machine or computer in the prescriber's office.

(mm) "Prescriber" means a physician licensed to practice medicine in all its branches, dentist, optometrist, prescribing psychologist licensed under Section 4.2 of the Clinical Psychologist Licensing Act with prescriptive authority delegated under Section 4.3 of the Clinical Psychologist Licensing Act, podiatric physician, or veterinarian who issues a prescription, a physician assistant who issues a prescription for a controlled substance in accordance with Section 303.05, a written delegation, and a written collaborative agreement required under Section 7.5 of the Physician Assistant Practice Act of 1987, an advanced practice registered nurse with prescriptive authority delegated under Section 65-40 of the Nurse Practice Act and in accordance with Section 303.05, a written delegation, and a written collaborative agreement under Section 65-35 of the Nurse Practice Act, an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act and in accordance with Section 303.05, or an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has full practice authority pursuant to Section 65-43 of the Nurse Practice Act.

(nn) "Prescription" means a written, facsimile, or oral order, or an electronic order that complies with applicable federal requirements, of a physician licensed to practice medicine in all its branches, dentist, podiatric physician or veterinarian for any controlled substance, of an optometrist in accordance with Section 15.1 of the Illinois Optometric Practice Act of 1987, of a prescribing psychologist licensed under Section 4.2 of the Clinical Psychologist Licensing Act with prescriptive authority delegated under Section 4.3 of the Clinical Psychologist Licensing Act, of a physician assistant for a controlled substance in accordance with Section 303.05, a written delegation, and a written collaborative agreement required under Section 7.5 of the Physician Assistant Practice Act of 1987, of an advanced practice registered nurse with prescriptive authority delegated under Section 65-40 of the Nurse Practice Act who issues a prescription for a controlled substance in accordance with Section 303.05, a written delegation, and a written collaborative agreement under Section 65-35 of the Nurse Practice Act, of an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act and in accordance with Section 303.05 when required by law, or of an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has full practice authority pursuant to Section 65-43 of the Nurse Practice Act.

(nn-5) "Prescription Information Library" (PIL) means an electronic library that contains reported controlled substance data.

(nn-10) "Prescription Monitoring Program" (PMP) means the entity that collects, tracks, and stores reported data on controlled substances and select drugs pursuant to Section 316.

(oo) "Production" or "produce" means manufacture, planting, cultivating, growing, or harvesting of a controlled substance other than methamphetamine.

(pp) "Registrant" means every person who is required to register under Section 302 of this Act.

(qq) "Registry number" means the number assigned to each person authorized to handle controlled substances under the laws of the United States and of this State.

(qq-5) "Secretary" means, as the context requires, either the Secretary of the Department or the Secretary of the Department of Financial and Professional Regulation, and the Secretary's designated agents.

(rr) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

(rr-5) "Stimulant" means any drug that (i) causes an overall excitation of central nervous system functions, (ii) causes impaired consciousness and awareness, and (iii) can be habit-forming or lead to a substance abuse problem, including, but not limited to, amphetamines and their analogs, methylphenidate and its analogs, cocaine, and phencyclidine and its analogs.

(rr-10) "Synthetic drug" includes, but is not limited to, any synthetic cannabinoids or piperazines or any synthetic cathinones as provided for in Schedule I.

(ss) "Ultimate user" means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household or for administering to an animal owned by him or her or by a member of his or her household.

(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)

Sec. 204. (a) The controlled substances listed in this Section are included in Schedule I.

(b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:

(1) Acetylmethadol;

(1.1) Acetyl-alpha-methylfentanyl

(N-[1-(1-methyl-2-phenethyl)-

4-piperidinyl]-N-phenylacetamide);

(2) Allylprodine;

(3) Alphacetylmethadol, except

levo-alphacetylmethadol (also known as levo-alpha-

acetylmethadol, levomethadyl acetate, or LAAM);

(4) Alphameprodine;

(5) Alphamethadol;

(6) Alpha-methylfentanyl

(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)

propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-

propanilido) piperidine;

(6.1) Alpha-methylthiofentanyl

(N-[1-methyl-2-(2-thienyl)ethyl-

4-piperidinyl]-N-phenylpropanamide);

(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);

(7.1) PEPAP

(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(8) Benzethidine;

(9) Betacetylmethadol;

(9.1) Beta-hydroxyfentanyl

(N-[1-(2-hydroxy-2-phenethyl)-

4-piperidinyl]-N-phenylpropanamide);

(10) Betameprodine;

(11) Betamethadol;

(12) Betaprodine;

(13) Clonitazene;

(14) Dextromoramide;

(15) Diampromide;

(16) Diethylthiambutene;

(17) Difenoxin;

(18) Dimenoxadol;

(19) Dimepheptanol;

(20) Dimethylthiambutene;

(21) Dioxaphetylbutyrate;

(22) Dipipanone;

(23) Ethylmethylthiambutene;

(24) Etonitazene;

(25) Etoxeridine;

(26) Furethidine;

(27) Hydroxpethidine;

(28) Ketobemidone;

(29) Levomoramide;

(30) Levophenacylmorphan;

(31) 3-Methylfentanyl

(N-[3-methyl-1-(2-phenylethyl)-

4-piperidyl]-N-phenylpropanamide);

(31.1) 3-Methylthiofentanyl

(N-[(3-methyl-1-(2-thienyl)ethyl-

4-piperidinyl]-N-phenylpropanamide);

(32) Morpheridine;

(33) Noracymethadol;

(34) Norlevorphanol;

(35) Normethadone;

(36) Norpipanone;

(36.1) Para-fluorofentanyl

(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-

4-piperidinyl]propanamide);

(37) Phenadoxone;

(38) Phenampromide;

(39) Phenomorphan;

(40) Phenoperidine;

(41) Piritramide;

(42) Proheptazine;

(43) Properidine;

(44) Propiram;

(45) Racemoramide;

(45.1) Thiofentanyl

(N-phenyl-N-[1-(2-thienyl)ethyl-

4-piperidinyl]-propanamide);

(46) Tilidine;

(47) Trimeperidine;

(48) Beta-hydroxy-3-methylfentanyl (other name:

N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-

N-phenylpropanamide);

(49) Furanyl fentanyl (FU-F);

(50) Butyryl fentanyl;

(51) Valeryl fentanyl;

(52) Acetyl fentanyl;

(53) Beta-hydroxy-thiofentanyl;

(54) 3,4-dichloro-N-[2-

(dimethylamino)cyclohexyl]-N-

methylbenzamide (U-47700);

(55) 4-chloro-N-[1-[2-

(4-nitrophenyl)ethyl]-2-piperidinylidene]-

benzenesulfonamide (W-18);

(56) 4-chloro-N-[1-(2-phenylethyl)

-2-piperidinylidene]-benzenesulfonamide (W-15);

(57) acrylfentanyl (acryloylfentanyl).

(c) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Diacetyldihydromorphine (Dihydroheroin);

(9) Dihydromorphine;

(10) Drotebanol;

(11) Etorphine (except hydrochloride salt);

(12) Heroin;

(13) Hydromorphinol;

(14) Methyldesorphine;

(15) Methyldihydromorphine;

(16) Morphine methylbromide;

(17) Morphine methylsulfonate;

(18) Morphine-N-Oxide;

(19) Myrophine;

(20) Nicocodeine;

(21) Nicomorphine;

(22) Normorphine;

(23) Pholcodine;

(24) Thebacon.

(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers):

(1) 3,4-methylenedioxyamphetamine (alpha-methyl,3,4-methylenedioxyphenethylamine, methylenedioxyamphetamine, MDA);

(1.1) Alpha-ethyltryptamine (some trade or other names: etryptamine; MONASE; alpha-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl)indole; a-ET; and AET);

(2) 3,4-methylenedioxymethamphetamine (MDMA);

(2.1) 3,4-methylenedioxy-N-ethylamphetamine (also known as: N-ethyl-alpha-methyl- 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE, and MDEA);

(2.2) N-Benzylpiperazine (BZP);

(2.2-1) Trifluoromethylphenylpiperazine (TFMPP);

(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);

(4) 3,4,5-trimethoxyamphetamine (TMA);

(5) (Blank);

(6) Diethyltryptamine (DET);

(7) Dimethyltryptamine (DMT);

(7.1) 5-Methoxy-diallyltryptamine;

(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);

(9) Ibogaine (some trade and other names:

7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-

6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]

indole; Tabernanthe iboga);

(10) Lysergic acid diethylamide;

(10.1) Salvinorin A;

(10.5) Salvia divinorum (meaning all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, derivative, mixture, or preparation of that plant, its seeds or extracts);

(11) 3,4,5-trimethoxyphenethylamine (Mescaline);

(12) Peyote (meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, salts, derivative, mixture, or preparation of that plant, its seeds or extracts);

(13) N-ethyl-3-piperidyl benzilate (JB 318);

(14) N-methyl-3-piperidyl benzilate;

(14.1) N-hydroxy-3,4-methylenedioxyamphetamine

(also known as N-hydroxy-alpha-methyl-

3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);

(15) Parahexyl; some trade or other names: 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H- dibenzo (b,d) pyran; Synhexyl;

(16) (Blank) Psilocybin;

(17) (Blank) Psilocyn;

(18) Alpha-methyltryptamine (AMT);

(19) 2,5-dimethoxyamphetamine

(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);

(20) 4-bromo-2,5-dimethoxyamphetamine

(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;

4-bromo-2,5-DMA);

(20.1) 4-Bromo-2,5 dimethoxyphenethylamine. Some trade or other names: 2-(4-bromo- 2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB, 2CB, Nexus;

(21) 4-methoxyamphetamine

(4-methoxy-alpha-methylphenethylamine;

paramethoxyamphetamine; PMA);

(22) (Blank);

(23) Ethylamine analog of phencyclidine. Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;

(24) Pyrrolidine analog of phencyclidine. Some trade or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy, PHP;

(25) 5-methoxy-3,4-methylenedioxy-amphetamine;

(26) 2,5-dimethoxy-4-ethylamphetamine

(another name: DOET);

(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine

(another name: TCPy);

(28) (Blank);

(29) Thiophene analog of phencyclidine (some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog of phencyclidine; TPCP; TCP);

(29.1) Benzothiophene analog of phencyclidine. Some trade or other names: BTCP or benocyclidine;

(29.2) 3-Methoxyphencyclidine (3-MeO-PCP);

(30) Bufotenine (some trade or other names:

3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;

3-(2-dimethylaminoethyl)-5-indolol;

5-hydroxy-N,N-dimethyltryptamine;

N,N-dimethylserotonin; mappine);

(31) (Blank);

(32) (Blank);

(33) (Blank);

(34) (Blank);

(34.5) (Blank);

(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-

(2-methyloctan-2-yl)-6a,7,

10,10a-tetrahydrobenzo[c]chromen-1-ol

Some trade or other names: HU-210;

(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-

dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-

tetrahydrobenzo[c]chromen-1-ol, its isomers,

salts, and salts of isomers; Some trade or other

names: HU-210, Dexanabinol;

(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-

6,6-dimethyl-3-(2-methyloctan-2-yl)-

6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol

Some trade or other names: HU-211;

(37) (Blank);

(38) (Blank);

(39) (Blank);

(40) (Blank);

(41) (Blank);

(42) Any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to, JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185;

(43) Any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to, JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;

(44) Any compound structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to, JWH-176;

(45) Any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to, JWH-167, JWH-250, JWH-251, and RCS-8;

(46) Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural class include, but are not limited to, CP 47, 497 and its C8 homologue (cannabicyclohexanol);

(46.1) Any compound structurally derived from 3-(benzoyl) indole with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to, AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;

(47) (Blank);

(48) (Blank);

(49) (Blank);

(50) (Blank);

(51) (Blank);

(52) (Blank);

(53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine. Some trade or other names: 2C-T-7;

(53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some trade or other names: 2C-E;

(53.2) 2,5-dimethoxy-4-methylphenethylamine. Some trade or other names: 2C-D;

(53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some trade or other names: 2C-C;

(53.4) 4-iodo-2,5-dimethoxyphenethylamine. Some trade or other names: 2C-I;

(53.5) 4-ethylthio-2,5-dimethoxyphenethylamine. Some trade or other names: 2C-T-2;

(53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine. Some trade or other names: 2C-T-4;

(53.7) 2,5-dimethoxyphenethylamine. Some trade or other names: 2C-H;

(53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some trade or other names: 2C-N;

(53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine. Some trade or other names: 2C-P;

(53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine. Some trade or other names: 2C-G;

(53.11) The N-(2-methoxybenzyl) derivative of any 2C phenethylamine referred to in subparagraphs (20.1), (53), (53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7), (53.8), (53.9), and (53.10) including, but not limited to, 25I-NBOMe and 25C-NBOMe;

(54) 5-Methoxy-N,N-diisopropyltryptamine;

(55) (Blank);

(56) (Blank);

(57) (Blank);

(58) (Blank);

(59) 3-cyclopropoylindole with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted on the cyclopropyl ring to any extent: including, but not limited to, XLR11, UR144, FUB-144;

(60) 3-adamantoylindole with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent: including, but not limited to, AB-001;

(61) N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent: including, but not limited to, APICA/2NE-1, STS-135;

(62) N-(adamantyl)-indazole-3-carboxamide with substitution at a nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the adamantyl ring to any extent: including, but not limited to, AKB48, 5F-AKB48;

(63) 1H-indole-3-carboxylic acid 8-quinolinyl ester with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted on the quinoline ring to any extent: including, but not limited to, PB22, 5F-PB22, FUB-PB-22;

(64) 3-(1-naphthoyl)indazole with substitution at the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the naphthyl ring to any extent: including, but not limited to, THJ-018, THJ-2201;

(65) 2-(1-naphthoyl)benzimidazole with substitution at the nitrogen atom of the benzimidazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the benzimidazole ring to any extent, whether or not substituted on the naphthyl ring to any extent: including, but not limited to, FUBIMINA;

(66) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole- 3-carboxamide with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA;

(67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H- indazole-3-carboxamide with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, ADB-PINACA, ADB-FUBINACA;

(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H- indole-3-carboxamide with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent: including, but not limited to, ADBICA, 5F-ADBICA;

(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole- 3-carboxamide with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent: including, but not limited to, ABICA, 5F-ABICA;

(70) Methyl 2-(1H-indazole-3-carboxamido)-3- methylbutanoate with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, AMB, 5F-AMB;

(71) Methyl 2-(1H-indazole-3-carboxamido)-3,3- dimethylbutanoate with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA;

(72) Methyl 2-(1H-indole-3-carboxamido)-3- methylbutanoate with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, MMB018, MMB2201, and AMB-CHMICA;

(73) Methyl 2-(1H-indole-3-carboxamido)-3,3- dimethylbutanoate with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, MDMB-CHMICA;

(74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H- indazole-3-carboxamide with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, APP-CHMINACA, 5-fluoro-APP-PINACA;

(75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole- 3-carboxamide with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, APP-PICA and 5-fluoro-APP-PICA;

(76) 4-Acetoxy-N,N-dimethyltryptamine: trade name 4-AcO-DMT;

(77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade name 5-MeO-MIPT;

(78) 4-hydroxy Diethyltryptamine (4-HO-DET);

(79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET);

(80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);

(81) 4-hydroxy-N-methyl-N-isopropyltryptamine (4-HO-MiPT);

(82) Fluorophenylpiperazine;

(83) Methoxetamine;

(84) 1-(Ethylamino)-2-phenylpropan-2-one (iso- ethcathinone).

(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) mecloqualone;

(2) methaqualone; and

(3) gamma hydroxybutyric acid.

(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1) Fenethylline;

(2) N-ethylamphetamine;

(3) Aminorex (some other names:

2-amino-5-phenyl-2-oxazoline; aminoxaphen;

4-5-dihydro-5-phenyl-2-oxazolamine) and its

salts, optical isomers, and salts of optical isomers;

(4) Methcathinone (some other names:

2-methylamino-1-phenylpropan-1-one;

Ephedrone; 2-(methylamino)-propiophenone;

alpha-(methylamino)propiophenone; N-methylcathinone;

methycathinone; Monomethylpropion; UR 1431) and its

salts, optical isomers, and salts of optical isomers;

(5) Cathinone (some trade or other names:

2-aminopropiophenone; alpha-aminopropiophenone;

2-amino-1-phenyl-propanone; norephedrone);

(6) N,N-dimethylamphetamine (also known as:

N,N-alpha-trimethyl-benzeneethanamine;

N,N-alpha-trimethylphenethylamine);

(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-

4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);

(8) 3,4-Methylenedioxypyrovalerone (MDPV);

(9) Halogenated amphetamines and

methamphetamines - any compound derived from either

amphetamine or methamphetamine through the substitution

of a halogen on the phenyl ring, including, but not

limited to, 2-fluoroamphetamine, 3-

fluoroamphetamine and 4-fluoroamphetamine;

(10) Aminopropylbenzofuran (APB):

including 4-(2-Aminopropyl) benzofuran, 5-

(2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)

benzofuran, and 7-(2-Aminopropyl) benzofuran;

(11) Aminopropyldihydrobenzofuran (APDB):

including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,

5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,

6-(2-Aminopropyl)-2,3-dihydrobenzofuran,

and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran;

(12) Methylaminopropylbenzofuran

(MAPB): including 4-(2-methylaminopropyl)

benzofuran, 5-(2-methylaminopropyl)benzofuran,

6-(2-methylaminopropyl)benzofuran

and 7-(2-methylaminopropyl)benzofuran.

(g) Temporary listing of substances subject to emergency scheduling. Any material, compound, mixture, or preparation that contains any quantity of the following substances:

(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, isomers, salts, and salts of isomers;

(2) N-[1(2-thienyl) methyl-4-piperidyl]-N- phenylpropanamide (thenylfentanyl), its optical isomers, salts, and salts of isomers.

(h) Synthetic cathinones. Unless specifically excepted, any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, not including bupropion, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in one or more of the following ways:

(1) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents. Examples of this class include, but are not limited to, 3,4-Methylenedioxycathinone (bk-MDA);

(2) by substitution at the 3-position with an acyclic alkyl substituent. Examples of this class include, but are not limited to, 2-methylamino-1-phenylbutan-1-one (buphedrone); or

(3) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure. Examples of this class include, but are not limited to, Dimethylcathinone, Ethcathinone, and a-Pyrrolidinopropiophenone (a-PPP); or

Any other synthetic cathinone which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law.

(i) Synthetic cannabinoids or piperazines. Any synthetic cannabinoid or piperazine which is not approved by the United States Food and Drug Administration or, if approved, which is not dispensed or possessed in accordance with State and federal law.

(Source: P.A. 99-371, eff. 1-1-16; 100-201, eff. 8-18-17; 100-368, eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)

Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 999. Effective date. This Act takes effect upon becoming law.