SB3695 103RD GENERAL ASSEMBLY

LRB103 39207 CES 69355 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3695

Introduced 2/9/2024, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

See Index

Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation 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 enforcement of 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 Department of Financial and Professional Regulation, 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. Changes the dates by which specified records for minor cannabis offenses shall be automatically expunged. 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. Amends the Freedom of Information Act to exempt specific records from disclosure. 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 from it, 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 the program development period, the Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue shall:

(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 shall be established for the purpose of advising and making recommendations for program development.

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; and

(7) after the 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:

"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.

"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; and

(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 80, 95, 105, or 275.

"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.

"Program development period" means the period beginning on January 1 of the year following the year of enactment of this Act and ending no later than 24 months after the beginning date.

"Psilocybin" means psilocybin or psilocin.

"Psilocybin product" means:

(1) psilocybin-producing fungi; or

(2) mixtures or substances containing a detectable amount of psilocybin naturally produced from psilocybin-producing fungi.

"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; or

(3) an integration session.

"Service center" means an establishment at which:

(1) an administration session is held;

(2) a psilocybin product is purchased; or

(3) 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 of Financial and Professional Regulation for the purpose of advising and making recommendations for the administration of this Act. The Illinois Psilocybin Advisory Board shall consist of the following members:

(1) the Secretary of Financial and Professional Regulation or the Secretary's designee;

(2) the Director of Agriculture or the Director's designee;

(3) the Director of Public Health or the Director's designee;

(4) the Director of the Illinois State Police or the Director's designee;

(5) the Director of Revenue or the Director's designee;

(6) the Secretary of Human Services or the Secretary's designee;

(7) the Secretary of Veterans Affairs or the Secretary's designee;

(8) an expert in the field of public health, appointed by the Governor with the advice and consent of the Senate;

(9) a local health official, appointed by the Governor with the advice and consent of the Senate;

(10) an individual who is a member of or represents a group that provides public health services directly to members of the public, appointed by the Governor with the advice and consent of the Senate;

(11) a psychologist who has experience engaging in the diagnosis or treatment of mental, emotional, and behavioral conditions, appointed by the Governor with the advice and consent of the Senate;

(12) a psychiatrist licensed to practice in Illinois who has experience engaging in the diagnosis or treatment of mental, emotional, and behavioral conditions, appointed by the Governor with the advice and consent of the Senate;

(13) a counselor licensed to practice in Illinois who has experience engaging in the diagnosis or treatment of mental, emotional, and behavioral conditions, appointed by the Governor with the advice and consent of the Senate;

(14) a physician licensed to practice medicine in all its branches appointed by the Governor with the advice and consent of the Senate;

(15) a doctor of osteopathic medicine licensed to practice in Illinois, appointed by the Governor with the advice and consent of the Senate;

(16) a naturopathic physician or a member of an organization representing Naturopathic Physicians in Illinois, appointed by the Governor with the advice and consent of the Senate;

(17) an expert in the field of public health who has obtained a doctorate degree in the field of public health, community sciences, or a related health field, appointed by the Governor with the advice and consent of the Senate;

(18) at least 3 individuals who meet at least one of the following qualifications, appointed by the Governor with the advice and consent of the Senate:

(a) professional experience conducting scientific research regarding the use of psychedelic compounds in clinical therapy;

(b) experience in the field of mycology;

(c) experience in the field of ethnobotany;

(d) experience in the field of psychopharmacology; or

(e) experience in the field of psilocybin harm reduction;

(19) a current or former member of the Senate, appointed by the President of the Senate;

(20) a current or former member of the Senate, appointed by the Minority Leader of the Senate;

(21) a current or former member of the House, appointed by the Speaker of the House; and

(22) a current or former member of the House, appointed by the Minority Leader of the House.

(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 serve in an acting capacity until approved by the Senate for the remainder of the unexpired term.

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

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

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

(g) During the 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 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.

(h) The Advisory Board may adopt policies and procedures necessary for the operation of the board.

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

(j) Members of the Advisory Board shall not be paid a salary but shall be reimbursed for travel and other reasonable expenses incurred while fulfilling the responsibilities of the Advisory Board.

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 of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue 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 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 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 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 on public health and safety standards and industry best practices for each type of licensee under this Act.

(7) Make recommendations 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 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; and

(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 on the examinations that facilitators must pass.

(10) Make recommendations 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; and

(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 to the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, the Department of Revenue, or the General Assembly.

(b) The Department of Financial and Professional Regulation 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. General powers and duties; rules.

(a) The Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue have the duties, functions, and powers necessary or proper to enable each agency to carry out their duties, functions, and powers under this Act. This includes the duty 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. The Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue may adopt, amend, or repeal rules as necessary to carry out the intent and provisions of this Act, including rules necessary to protect public health and safety.

(b) The Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue shall enter into intergovernmental agreements, as necessary, to carry out the provisions of this Act, including, but not limited to, the provisions relating to the registration and oversight of any person who produces, possesses, transports, delivers, sells, or purchases a psilocybin product in this State or who provides a psilocybin service in this State. There shall be no requirement that a client be diagnosed with or have any particular medical condition as a prerequisite to being provided psilocybin services.

(c) The Department of Public Health, Department of Agriculture, and Department of Financial and Professional Regulation may suspend, revoke, or impose other penalties upon a person licensed under this Act for violations of this Act and any rules adopted in accordance with this Act. The suspension or revocation of a license or imposition of any other penalty upon a licensee is a final Agency action subject to judicial review. Jurisdiction and venue for judicial review are vested in the circuit court.

(d) The Department of Public Health shall 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.

(e) The Department of Agriculture shall issue, renew, suspend, revoke, or refuse to issue or renew licenses for the manufacturing and testing of psilocybin products and to permit, at the Department of Agriculture's discretion, the transfer of licenses. There shall be no requirement that a psilocybin product be manufactured by means of chemical synthesis.

(f) The Department of Financial and Professional Regulation shall issue, renew, suspend, revoke, or refuse to issue or renew licenses for the 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.

(g) Any fees collected pursuant to this Section shall be deposited into the Psilocybin Control and Regulation Fund.

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 of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue may purchase, possess, seize, transfer to a licensee, or dispose of psilocybin products as is necessary to ensure compliance with and enforce the provisions of this Act and any rule adopted under this Act.

Section 45. Program development period; dates.

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

(b) On or before February 28 of the year following the effective date of this Act, the Governor, the Senate President, and the Speaker of the House shall appoint the individuals specified in subsection (b) of Section 25 to the Advisory Board.

(c) On or before March 31 of the year following the effective date of this Act, the Advisory Board shall hold its first meeting at a time and place specified by the Governor.

(d) On or before June 30 of the year following the effective date of this Act, and on a regular basis after that date, the Advisory Board shall submit its findings and recommendations to the Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue 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 of the year 2 years after the effective date of this Act, the Advisory Board shall submit its findings and recommendations concerning the following:

(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; and

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

(f) On or before July 31 of the year 2 years after the effective date of this Act, and on a regular basis after that date, the Department of Public Health 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 before June 30 of the year 3 years after the effective date of this Act, the Department of Public Health, Department of Agriculture, Department of Revenue, and Department of Financial and Professional Regulation shall prescribe forms and adopt such rules as the Departments deem necessary for the implementation of this Act. The Department of Public Health, Department of Agriculture, Department of Revenue, the Illinois State Police, and Department of Financial and Professional Regulation shall hold at least one public hearing regarding this rulemaking. The public hearing may be held jointly or the Departments may hold individual hearings.

Section 50. Licensing.

(a) On or before July 1 of the year 2 years after the effective date of this Act:

(1) The Department of Financial and Professional Regulation shall begin receiving applications for the licensing of persons to:

(A) operate a service center; and

(B) facilitate psilocybin services.

(2) The Department of Agriculture shall begin receiving applications for the licensing of persons to:

(A) manufacture psilocybin products; and

(B) 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 appropriate Department in the form required by that 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.

(b-5) In the event that an application does not meet the technical standards set forth by the applicable Department, the Department must notify the applicant and provide the applicant with at least 30 days after the applicant receives notice of the deficiency to rectify the application materials.

(c) A Department may reject any application that is not submitted in the form required by the Department by rule. The approval or denial of any application is a final decision of the Department subject to judicial review. Jurisdiction and venue are vested in the circuit court.

(d) Except as provided in subsection (c), a revocation of or refusal to issue or renew a license issued under this Act is a final decision of the Department subject to judicial review. Jurisdiction and venue are vested in the Circuit Court.

(e) An applicant for a facilitator license or renewal of a facilitator license issued under Section 105 need not show the location of any premises.

(f) The Department of Financial and Professional Regulation or the Department of Agriculture shall not license an applicant under the provisions of this Act if the applicant is under 18 years of age.

(g) The Department of Financial or Professional Regulation or the Department of Agriculture shall 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 examinations 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; or

(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 of Financial and Professional Regulation or the Department of Agriculture shall 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.

(i) The Department of Financial and Professional Regulation and the Department of Agriculture shall not issue a license pursuant to this Act if the licensee, principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee or applicant, or the agent thereof is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.

Section 55. Authority to require fingerprints. The Department of Agriculture or the Department of Financial and Professional Regulation, through the Illinois State Police, may require the fingerprints of any individual listed on an application to perform any of the functions listed in subsection (a) of Section 50 for purposes of conducting a background check. The Department of Agriculture or the Department of Financial and Professional Regulation may require fingerprints to be submitted for a background check prior to or after the submission of an application. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, each person applying to perform one of the functions listed in subsection (a) of Section 50 may be required to submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Agriculture or the Department of Financial and Professional Regulation. The Department of Agriculture or the Department of Financial and Professional Regulation, through the Illinois State Police, may 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 105, 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 (p) of Section 155;

(6) not considered property;

(7) not alienable;

(8) not subject to attachment or execution; and

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

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

(a) The Department of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation or the Department of Agriculture subject to the provisions of this Act and rules adopted under this Act.

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

Section 70. 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 75. 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 95 and may hold both a manufacturer license under Section 80 and a service center operator license under Section 95 at the same or different premises.

Section 80. License to manufacture psilocybin products.

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

(b) A psilocybin product manufacturer must have a manufacturer license issued by the Department of Agriculture 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; and

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

(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 of Agriculture signed informed consent from the owner of the premises to manufacture psilocybin at the premises. The Department of Agriculture may adopt rules regarding the informed consent described in this subsection.

(d) The Department of Agriculture 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; and

(3) require psilocybin products manufactured by psilocybin product manufacturers to be tested in accordance with Section 270.

(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.

Section 85. Psilocybin product manufacturers; endorsements.

(a) The Department of Agriculture 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 of Agriculture 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.

Section 90. Psilocybin product quantities; rules. The Department of Agriculture shall adopt rules restricting the quantities of psilocybin products at premises for which a license has been issued under Section 80. 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 80, the number of psilocybin product manufacturers that hold a license issued under Section 80, and whether the availability of psilocybin products in this State is commensurate with the demand for psilocybin services.

Section 95. License to operate a service center.

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

(b) A service center operator must have a service center operator license issued by the Department of Financial and Professional Regulation 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) ensure that the service center is located in an area that is not within the limits of an area zoned exclusively for residential use;

(4) ensure that the service center is not located within 1,000 feet of a public, private, or parochial school; and

(5) meet the requirements of any rule adopted by the Department of Financial and Professional Regulation under subsection (c).

(c) The Department of Financial and Professional Regulation shall adopt rules that comply with the following:

(1) require a service center operator to annually renew a license issued under this Section;

(2) establish application, licensure, and renewal of licensure fees for service center operators;

(3) require psilocybin products sold by a service center operator to be tested in accordance with Section 270; and

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

Fees adopted under paragraph (2) of this subsection 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 190.

Section 100. Establishment of schools after issuance of license.

(a) If a school described under paragraph (5) of subsection (b) of Section 95 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 95, the service center operator located at that premises may remain at that location unless the Department of Financial and Professional Regulation revokes the license of the service center operator under Section 175.

(b) The Department of Financial and Professional Regulation may adopt rules establishing the circumstances under which the Department may require a service center operator that holds a license issued under Section 95 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 105. License to facilitate psilocybin services.

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

(b) A facilitator must have a facilitator license issued by the Department of Financial and Professional Regulation. 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) have a high school diploma or equivalent education;

(4) submit evidence of completion of education and training prescribed and approved by the Department;

(5) have passed an examination approved, administered, or recognized by the Department; and

(6) meet the requirements of any rule adopted by the Department under subsection (d).

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

(d) The Department of Financial and Professional Regulation 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.

(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 110. License examinations; rules. The Department of Financial and Professional Regulation 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 115. Age verification. The Department of Financial and Professional Regulation may adopt rules establishing the circumstances under which the Department may require a facilitator that holds a license issued under Section 105 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 120. Psilocybin services. The Department of Financial and Professional Regulation 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; and

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

Section 125. Preparation session.

(a) Before a client participates in an administration session, the client must attend a preparation session with a facilitator. A preparation session is intended to provide individuals with comprehensive information about the potential risks and benefits of the use of psilocybin.

(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. This certification shall be collected for the limited purpose of ensuring the facilitator adheres to all applicable requirements, specifications, and guidelines. The Department, facilitator, and service center operator shall maintain such certifications in a manner that ensures confidentiality and shall not sell, disclose, or otherwise transfer any personally identifiable information of the client without the client's express written consent. The Department, facilitator, and service center shall only maintain personally identifiable information of the client to the extent necessary to transact business and ensure compliance with all laws and rules.

Section 130. 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.

(c) The service center operator shall maintain the client information form in a manner that ensures confidentiality and shall not sell, disclose, or otherwise transfer any personally identifiable information of the client without the client's express written consent.

Section 135. 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. This certification shall be collected for the limited purpose of ensuring the facilitator adheres to all applicable requirements, specifications, and guidelines. The Department, facilitator, and service center operator shall maintain such certifications in a manner that ensures confidentiality and shall not sell, disclose, or otherwise transfer any personally identifiable information of the client without the client's express written consent. The Department, facilitator, and service center shall only maintain personally identifiable information of the client to the extent necessary to transact business and ensure compliance with all laws and rules.

Section 140. 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. Integration sessions are intended to promote psychological well-being and reduce the risk of adverse reactions by ensuring individuals are not left to process potentially overwhelming experiences alone.

(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. This certification shall be collected for the limited purpose of ensuring the facilitator adheres to all applicable requirements, specifications, and guidelines. The Department, facilitator, and service center operator shall maintain such certifications in a manner that ensures confidentiality and shall not sell, disclose, or otherwise transfer any personally identifiable information of the client without the client's express written consent. The Department, facilitator, and service center shall only maintain personally identifiable information of the client to the extent necessary to transact business and ensure compliance with all laws and rules.

Section 145. 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 of Financial and Professional Regulation 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 150. 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 of Financial and Professional Regulation by rule or as necessary in an emergency.

Section 155. Department powers and duties relating to facilitators.

(a) The Department of Financial and Professional Regulation 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; and

(ii) clients who may have a mental health condition;

(C) the environment in which psilocybin services should occur; and

(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 of Financial and Professional Regulation shall adopt by rule minimum standards of education and training requirements for facilitators.

(c) The Department of Financial and Professional Regulation 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 of Financial and Professional Regulation 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 of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation 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 of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation and the Department of Agriculture shall 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:

(1) preventing the diversion of psilocybin products to other states;

(2) preventing persons from substituting or tampering with psilocybin products;

(3) ensuring an accurate accounting of the production, processing, and sale of psilocybin products;

(4) ensuring that laboratory testing results are accurately reported; and

(5) 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.

(j) The system developed under 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; and

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

(l) In addition to any other disciplinary action available to the Department of Financial and Professional Regulation and the Department of Agriculture under this Act, either 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.

(m) The Department of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation or the Department of Agriculture 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.

(n) Notwithstanding the lapse, suspension, or revocation of a license issued under this Act, the Department of Financial and Professional Regulation and the Department of Agriculture 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; and

(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.

(o) Notwithstanding the lapse, suspension, or revocation of a permit issued under Section 180, the Department of Financial and Professional Regulation and the Department of Agriculture 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; and

(3) in cases involving the proposed denial of a permit applied for under Section 180, the applicant may not withdraw the applicant's application.

(p) The Department of Financial and Professional Regulation and the Department of Agriculture 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; and

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

Section 160. Conduct of licensees; prohibitions.

(a) A psilocybin product manufacturer that holds a license under Section 80 may not manufacture psilocybin products outdoors.

(b) A psilocybin product manufacturer that holds a license under Section 80 may deliver psilocybin products only to or on premises for which a license has been issued under Section 80 or Section 95 and may receive psilocybin products only from a psilocybin product manufacturer that holds a license under Section 80.

(c) A service center operator that holds a license under Section 95 may deliver psilocybin products only to or on premises for which a license has been issued under Section 95 and may receive psilocybin products only from a psilocybin product manufacturer that holds a license under Section 80 or a service center operator that holds a license under Section 95.

(d) The sale of psilocybin products to a client by a service center operator that holds a license issued under Section 95 must be restricted to the premises for which the license has been issued.

(e) The Department of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation or the Department of Agriculture 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 165. 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 of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation or the Department of Agriculture 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 170. 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 171. Investigations.

(a) Manufacturers, service centers, and laboratories that conduct testing of psilocybin products are subject to random and unannounced dispensary inspections and psilocybin testing by the Department of Financial and Professional Regulation, Department of Agriculture, the Illinois State Police, local law enforcement, or as provided by rule.

(b) The Department of Financial and Professional Regulation, Department of Agriculture and their authorized representatives may enter any place, including a vehicle, in which psilocybin is held, stored, dispensed, sold, produced, delivered, transported, manufactured, or disposed of and inspect, in a reasonable manner, the place and all pertinent equipment, containers and labeling, and all things including records, files, financial data, sales data, shipping data, pricing data, personnel data, research, papers, processes, controls, and facility, and inventory any stock of psilocybin and obtain samples of any psilocybin or psilocybin-infused product, any labels or containers for psilocybin, or paraphernalia.

(c) The Department of Financial and Professional Regulation or Department of Agriculture may conduct an investigation of an applicant, application, service center, manufacturer, manufacturer agent, licensed laboratory that conducts testing of a psilocybin product, principal officer, facilitator, service center agent, third party vendor, or any other party associated with a service center, facilitator, manufacturer, or laboratory that conducts testing of psilocybin for an alleged violation of this Act or rules or to determine qualifications to be granted a registration by the Department of Financial and Professional Regulation or Department of Agriculture.

(d) The Department of Financial or Professional Regulation or Department of Agriculture may require an applicant or holder of any license issued pursuant to this Article to produce documents, records, or any other material pertinent to the investigation of an application or alleged violations of this Act or rules. Failure to provide the required material may be grounds for denial or discipline.

(e) Every person charged with preparation, obtaining, or keeping records, logs, reports, or other documents in connection with this Act and rules and every person in charge, or having custody, of those documents shall, upon request by the Department of Financial and Professional Regulation or Department of Agriculture, make the documents immediately available for inspection and copying by either Department, either Department's authorized representative, or others authorized by law to review the documents.

Section 172. Citations. The Department of Financial or Professional Regulation or Department of Agriculture may issue nondisciplinary citations for minor violations. Any such citation issued by the Department of Financial or Professional Regulation or Department of Agriculture may be accompanied by a fee. The fee shall not exceed $20,000 per violation. The citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, a brief factual statement, the Sections of the law allegedly violated, and the fee, if any, imposed. The citation must clearly state that the licensee may choose, in lieu of accepting the citation, to request a hearing. If the licensee does not dispute the matter in the citation with the Department of Financial or Professional Regulation or Department of Agriculture within 30 days after the citation is served, then the citation shall become final and not subject to appeal. The penalty shall be a fee or other conditions as established by rule.

Section 173. Grounds for discipline.

(a) The Department of Financial or Professional Regulation or Department of Agriculture may deny issuance, refuse to renew or restore, or may reprimand, place on probation, suspend, revoke, or take other disciplinary or nondisciplinary action against any license or may impose a fine for any of the following:

(1) material misstatement in furnishing information to the Department;

(2) violations of this Act or rules;

(3) obtaining an authorization or license by fraud or misrepresentation;

(4) a pattern of conduct that demonstrates incompetence or that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act;

(5) aiding or assisting another person in violating any provision of this Act or rules;

(6) failing to respond to a written request for information by the Department within 30 days;

(7) engaging in unprofessional, dishonorable, or unethical conduct of a character likely to deceive, defraud, or harm the public;

(8) adverse action by another United States jurisdiction or foreign nation;

(9) a finding by the Department that the licensee, after having his or her license placed on suspended or probationary status, has violated the terms of the suspension or probation;

(10) conviction, entry of a plea of guilty, nolo contendere, or the equivalent in a State or federal court of a principal officer or agent-in-charge of a felony offense in accordance with Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois;

(11) excessive use of or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug;

(12) a finding by the Department of a discrepancy in a Department audit of psilocybin;

(13) a finding by the Department of a discrepancy in a Department audit of capital or funds;

(14) a finding by the Department of acceptance of psilocybin from a source other than a manufacturer licensed by the Department of Agriculture, or a service center licensed by the Department;

(15) an inability to operate using reasonable judgment, skill, or safety due to physical or mental illness or other impairment or disability, including, without limitation, deterioration through the aging process or loss of motor skills or mental incompetence;

(16) failing to report to the Department within the time frames established, or if not identified, no later than 14 days after an adverse action, of any adverse action taken against the dispensing organization or an agent by a licensing jurisdiction in any state or any territory of the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency or any court defined in this Section;

(17) any violation of the dispensing organization's policies and procedures submitted to the Department annually as a condition for licensure;

(18) failure to inform the Department of any change of address no later than 10 business days after the change of address occurs;

(19) disclosing customer names, personal information, or protected health information in violation of any State or federal law;

(20) operating a service center or manufacturing psilocybin before obtaining a license from the appropriate Department;

(21) performing duties authorized by this Act prior to receiving a license to perform such duties;

(22) dispensing psilocybin when prohibited by this Act or rules;

(23) any fact or condition that, if it had existed at the time of the original application for the license, would have warranted the denial of the license;

(24) permitting a person without a valid license to perform licensed activities under this Act;

(25) failure to assign an agent-in-charge as required by this Article;

(26) failure to provide any training required by the Department within the provided timeframe;

(27) personnel insufficient in number or unqualified in training or experience to properly operate the service center or manufacturer;

(28) any pattern of activity that causes a harmful impact on the community; and

(29) failing to prevent diversion, theft, or loss of psilocybin.

(b) All fines and fees imposed under this Section shall be paid no later than 60 days after the effective date of the order imposing the fine or as otherwise specified in the order.

(c) A circuit court order establishing that facilitator, service center operator, or principal officer of a service center, manufacturer, or laboratory conducting psilocybin testing is subject to involuntary admission as that term is defined in Section 1-119 or 1-119.1 of the Mental Health and Developmental Disabilities Code shall operate as a suspension of that license.

Section 174. Temporary suspension, service center and facilitators.

(a) The Secretary of Financial and Professional Regulation may temporarily suspend a service center or facilitator license without a hearing if the Secretary finds that public safety or welfare requires emergency action. The Secretary shall cause the temporary suspension by issuing a suspension notice in connection with the institution of proceedings for a hearing.

(b) If the Secretary temporarily suspends a license without a hearing, the licensee or its agent is entitled to a hearing within 45 days after the suspension notice has been issued. The hearing shall be limited to the issues cited in the suspension notice, unless all parties agree otherwise.

(c) If the Department does not hold a hearing within 45 days after the date the suspension notice was issued, then the suspended license shall be automatically reinstated and the suspension vacated.

(d) The suspended licensee or its agent may seek a continuance of the hearing date, during which time the suspension remains in effect and the license shall not be automatically reinstated.

(e) Subsequently discovered causes of action by the Department after the issuance of the suspension notice may be filed as a separate notice of violation. The Department is not precluded from filing a separate action against the suspended licensee or its agent.

Section 175. Temporary suspension; manufacturer or laboratory.

(a) The Director of Agriculture may temporarily suspend a manufacturing or laboratory testing license without a hearing if the Secretary finds that public safety or welfare requires emergency action. The Secretary shall cause the temporary suspension by issuing a suspension notice in connection with the institution of proceedings for a hearing.

(b) If the Secretary temporarily suspends a license without a hearing, the licensee or its agent is entitled to a hearing within 45 days after the suspension notice has been issued. The hearing shall be limited to the issues cited in the suspension notice, unless all parties agree otherwise.

(c) If the Department does not hold a hearing within 45 days after the date the suspension notice was issued, then the suspended license shall be automatically reinstated and the suspension vacated.

(d) The suspended licensee or its agent may seek a continuance of the hearing date, during which time the suspension remains in effect and the license shall not be automatically reinstated.

(e) Subsequently discovered causes of action by the Department after the issuance of the suspension notice may be filed as a separate notice of violation. The Department is not precluded from filing a separate action against the suspended licensee or agent.

Section 176. Unlicensed practice; violation; civil penalty.

(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a licensed service center, facilitator, manufacturer, or laboratory licensed to test psilocybin without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the appropriate Department authorized to issue such license in an amount not to exceed $10,000 for each offense as determined by that Department. The civil penalty shall be assessed by the appropriate Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department of Financial and Professional Regulation and the Department of Agriculture have the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty or in accordance with the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of this State.

Section 177. Notice; hearing.

(a) The Department conducting the disciplinary action shall, before disciplining an applicant or licensee, at least 30 days before the date set for the hearing: (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges; (ii) direct him or her to file a written answer to the charges under oath no later than 20 days after service; and (iii) inform the applicant or licensee that failure to answer will result in a default being entered against the applicant or licensee.

(b) At the time and place fixed in the notice, the hearing officer appointed by the Secretary or Director of such Department shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The hearing officer may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, the person's license may, in the discretion of the Secretary or Director, having first received the recommendation of the hearing officer, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including a fine, without hearing, if that act or acts charged constitute sufficient grounds for that action under this Act.

(c) The written notice and any notice in the subsequent proceeding may be served by regular mail or email to the licensee's or applicant's address of record.

Section 178. Subpoenas; oaths. The Department of Financial and Professional Regulation and the Department of Agriculture shall have the power to subpoena and bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in courts in this State. The Secretary, Director, or the hearing officer shall each have the power to administer oaths to witnesses at any hearings that the Departments are authorized to conduct.

Section 179. Hearing; motion for rehearing.

(a) The hearing officer shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the hearing officer shall present to the Secretary a written report of the hearing officer's findings of fact, conclusions of law, and recommendations.

(b) At the conclusion of the hearing, a copy of the hearing officer's report shall be served upon the applicant or licensee by the Department of Financial and Professional Regulation or the Department of Agriculture, either personally or as provided in this Act for the service of a notice of hearing. No later than 20 calendar days after service, the applicant or licensee may present to the applicable Department a motion in writing for rehearing, which shall specify the particular grounds for rehearing. The applicable Department may respond to the motion for rehearing within 20 calendar days after its service on such Department. If no motion for rehearing is filed, then, upon the expiration of the time specified for filing such motion or upon denial of a motion for rehearing, the Secretary or Director may enter an order in accordance with the recommendation of the hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.

(c) If the Secretary or Director disagrees in any regard with the report of the hearing officer, the Secretary or Director may issue an order contrary to the report.

(d) Whenever the Secretary or Director is not satisfied that substantial justice has been done, the Secretary or Director may order a rehearing by the same or another hearing officer.

(e) At any point in any investigation or disciplinary proceeding under this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary or Director, as applicable.

Section 180. Issuing and renewing permits; fees; rules.

(a) The Department shall issue permits to qualified applicants to perform work described in Section 175. The Department shall adopt rules establishing the following:

(1) The qualifications for performing work described in Section 175.

(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 of Financial and Professional Regulation or the Department of Agriculture may require an individual applying for a permit under this Section to successfully complete a course, made available by or through that 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; and

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

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

(d) The Department of Financial and Professional Regulation or the Department of Agriculture 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 of Financial and Professional Regulation or the Department of Agriculture 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 175 only for the individual who holds the permit.

Section 185. Authority to require fingerprints. The Department of Agriculture or the Department of Financial and Professional Regulation, through the Illinois State Police, may require the fingerprints of any individual listed on an application submitted under Section 180 for purposes of conducting a background check. The Department of Agriculture or the Department of Financial Professional Regulation may require fingerprints to be submitted for a background check prior to or after the submission of an application. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, an individual listed on an application submitted under Section 180 may be required to submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Agriculture or the Department of Financial and Professional Regulation.

Section 190. 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.

Section 195. Prohibited conduct.

(a) Except as authorized 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 of Financial and Professional Regulation or the Department of Agriculture 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 200. 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 205. 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 210. Civil enforcement. In addition to any other liability or penalty provided by law, the Department of Financial and Professional Regulation or the Department of Agriculture 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.

Section 215. Criminal enforcement.

(a) The law enforcement officers of this State may enforce this Act and assist the Department of Financial and Professional Regulation or the Department of Agriculture 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 220. 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 225. 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 (g) 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 230. Prohibition against refusing to perform certain duties.

(a) The Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue 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 of Financial and Professional Regulation or the Department of Agriculture 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 235. 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 240. 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 245. Psilocybin-producing fungi as a crop.

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

(1) a crop for the purposes of agricultural use;

(2) a crop for purposes of a farm or agricultural practice;

(3) a product of farm use; and

(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 agriculture use:

(1) a new dwelling used in conjunction with a psilocybin-producing fungi crop; and

(2) a produce 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 an agricultural use on land zoned for agricultural and rural land use in the same manner as the manufacture of psilocybin products is allowed in exclusive agricultural 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 80.

Section 250. 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 255. 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 260. Department database for verification of license. The Department of Financial and Professional Regulation and the Department of Agriculture shall maintain an online database for people to inquire if an address is the location of a premises for which a license has been issued under this Act or is the location of a premises for which an application for licensure has been submitted under Section 50.

Section 265. 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 80, 95, or 275.

(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 80, 95, or 275.

(4) Related to any record that the Department of Financial and Professional Regulation or the Department of Agriculture 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; or

(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; or

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

Section 270. Testing standards and processes; rules.

(a) As is necessary to protect the public health and safety, the Department of Agriculture 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; and

(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 80 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 275 and accredited by the Department under Section 290.

(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 275. Laboratory licensure; qualifications; fees; rules.

(a) A laboratory that conducts testing of psilocybin products as required by Section 270 must have a license to operate at the premises at which the psilocybin products are tested.

(b) For purposes of this Section, the Department of Agriculture 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 290.

(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; and

(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 270 through 310 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 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 280. Authority to require fingerprints. The Department of Agriculture, through the Illinois State Police, may require the fingerprints of any individual listed on an application submitted under Section 275 for purposes of conducting a background check. The Department of Agriculture may require fingerprints to be submitted for a background check prior to or after the submission of an application. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, an individual listed on an application submitted under Section 275 may be required to submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Agriculture. 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 285. Statement of applicant for laboratory licensure. The Department of Agriculture may require a licensee or applicant for a license under Section 275 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 275 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 290. Laboratory accreditation.

(a) A laboratory that conducts testing of a psilocybin product as required by Section 275 must be accredited and meet other qualifications as established by the Department of Agriculture 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:

(1) complete an application;

(2) undergo an onsite inspection; and

(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 275 to ensure compliance with Sections 270 through 310 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 295. Authority to discipline licensees. Subject to applicable provisions of Illinois law, if an applicant or licensee violates a provision of Sections 270 through 310 or a rule adopted under those Sections, the Department of Agriculture may refuse to issue or renew, or may suspend or revoke, a license issued under Section 80, 95, 105, or 275.

Section 300. Authority of the Department of Agriculture over certain persons; license actions.

(a) Notwithstanding the lapse, suspension, or revocation of a license issued under Section 275, the Department of Agriculture 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 305. Civil penalty for certain violations.

(a) In addition to any other liability or penalty provided by law, the Department of Agriculture may impose for each violation of a provision of Sections 270 through 310 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 of Agriculture 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 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 310. Exemption from criminal liability. A person who holds a license under Section 275, and an employee of or other person who performs work for a person who holds a license under Section 275, 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 270 through this Section.

Section 315. Labeling requirements; rules.

(a) As is necessary to protect the public health and safety, the Department of Agriculture 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 95 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 320. Preapproval of labels.

(a) The Department of Agriculture 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 315 and any rule adopted under Section 315.

(b) The Department of Agriculture 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 325. Packaging requirements; rules.

(a) As is necessary to protect the public health and safety, the Department of Agriculture 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 95 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 330. Preapproval of packaging.

(a) The Department of Agriculture 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 325 and any rule adopted under Section 325.

(b) The Department of Agriculture 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 335. Dosage requirements; rules.

(a) The Department of Agriculture 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 95 to meet the concentration standards and packaging standards adopted by rule pursuant to this Section.

Section 340. Inspections. To ensure compliance with Sections 315 through 350 and any rule adopted under those Sections, the Department of Agriculture or the Department of Financial and Professional Regulation may inspect the premises of a person that holds a license under Section 80 or 95.

Section 341. Violation of tax Acts; refusal, revocation, or suspension of license.

(a) In addition to other grounds specified in this Act, the Department of Agriculture and Department of Financial and Professional Regulation, upon notification by the Department of Revenue, shall refuse the issuance or renewal of a license or suspend or revoke the license of any person, for any of the following violations of any tax Act administered by the Department of Revenue:

(1) failure to file a tax return;

(2) the filing of a fraudulent return;

(3) failure to pay all or part of any tax or penalty finally determined to be due;

(4) failure to keep books and records;

(5) failure to secure and display a certificate or sub-certificate of registration, if required; or

(6) willful violation of any rule or regulation of the Department relating to the administration and enforcement of tax liability.

(b) After all violations of any of items (1) through (6) of subsection (a) have been corrected or resolved, the Department shall, upon request of the applicant or, if not requested, may notify the entities listed in subsection (a) that the violations have been corrected or resolved. Upon receiving notice from the Department that a violation of any of items (1) through (6) of subsection (a) have been corrected or otherwise resolved to the Department of Revenue's satisfaction, the Department of Agriculture and the Department of Financial and Professional Regulation may issue or renew the license or vacate an order of suspension or revocation.

Section 345. Discipline of licensees. Subject to applicable provisions of law, if an applicant or licensee violates a provision of Sections 315 through 350 or a rule adopted under those Sections, the Department of Agriculture or the Department of Financial and Professional Regulation may refuse to issue or renew, or may suspend or revoke, a license issued under Section 80, 95, or 105.

Section 350. Civil penalties.

(a) In addition to any other liability or penalty provided by law, the Department of Agriculture may impose for each violation of a provision of Sections 315 through 350 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 of Agriculture 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 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 355. Definitions. In this Section through Section 425:

"Psilocybin retailer" means a service center operator that sells psilocybin for use and not for resale.

"Retail sale" means any transfer or exchange 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 360. Tax imposed.

(a) Beginning January 1, 2025, a tax is imposed upon purchasers for the privilege of using psilocybin at a rate of 15% of the purchase price.

(b) The purchase of any product that contains any amount of psilocybin or any derivative thereof is subject to the tax under subsection (a) of this Section on the full purchase price of the product.

(c) The tax imposed by this Section is not imposed with respect to any transaction in interstate commerce, to the extent the transaction may not, under the Constitution and statutes of the United States, be made the subject of taxation by this State.

(d) The tax imposed under this Article shall be in addition to all other occupation, privilege, or excise taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof.

(e) The tax imposed under this Article shall not be imposed on any purchase by a purchaser if the psilocybin retailer is prohibited by federal or State Constitution, treaty, convention, statute, or court decision from collecting the tax from the purchaser.

Section 365. Bundling of taxable and nontaxable items; prohibition; taxation. If a psilocybin retailer sells psilocybin or psilocybin-infused products in combination or bundled with items that are not subject to tax under this Act for one price, then the tax under this Act is imposed on the purchase price of the entire bundled product.

Section 370. Collection of tax.

(a) The tax imposed by this Article shall be collected from the purchaser by the psilocybin retailer at the rate stated in Section 360 with respect to psilocybin sold by the psilocybin retailer to the purchaser, and shall be remitted to the Department as provided in Section 385. Psilocybin retailers shall collect the tax from purchasers by adding the tax to the amount of the purchase price received from the purchaser for selling psilocybin to the purchaser. The tax imposed by this Article shall, when collected, be stated as a distinct item separate and apart from the purchase price of the psilocybin.

(b) If a psilocybin retailer collects the tax imposed pursuant to Section 360 measured by a purchase price that is not subject to Section 360, or if a psilocybin retailer, in collecting the tax pursuant to Section 360 measured by a purchase price that is subject to tax under this Act, collects more from the purchaser than the required amount on the transaction, the purchaser shall have a legal right to claim a refund of that amount from the psilocybin retailer. If, however, that amount is not refunded to the purchaser for any reason, the psilocybin retailer is liable to pay that amount to the Department.

(c) Any person purchasing psilocybin subject to tax under this Article as to which there has been no charge made to the purchaser of the tax imposed by Section 360 shall make payment of the tax imposed by Section 360 in the form and manner provided by the Department not later than the 20th day of the month following the month of purchase of the psilocybin.

Section 375. Registration of psilocybin retailers. Every psilocybin retailer required to collect the tax under this Article shall apply to the Department for a certificate of registration under this Article. All applications for registration under this Article shall be made by electronic means in the form and manner required by the Department. For that purpose, the provisions of Section 2a of the Retailers' Occupation Tax Act are incorporated into this Article to the extent not inconsistent with this Article. In addition, no certificate of registration shall be issued under this Article unless the applicant is licensed under this Act.

Section 380. Tax collected as debt owed to the State. Any psilocybin retailer required to collect the tax imposed by this Article shall be liable to the Department for the tax, whether or not the tax has been collected by the psilocybin retailer, and any such tax shall constitute a debt owed by the psilocybin retailer to this State. To the extent that a psilocybin retailer required to collect the tax imposed by this Act has actually collected that tax, the tax is held in trust for the benefit of the Department.

Section 385. Return and payment of tax by the psilocybin retailer. Each psilocybin retailer that is required or authorized to collect the tax imposed by this Article shall make a return to the Department, by electronic means, on or before the 20th day of each month for the preceding calendar month stating the following:

(1) the psilocybin retailer's name;

(2) the address of the psilocybin retailer's principal place of business and the address of the principal place of business (if that is a different address) from which the psilocybin retailer engaged in the business of selling psilocybin subject to tax under this Article;

(3) the total purchase price received by the psilocybin retailer for psilocybin subject to tax under this Article;

(4) the amount of tax due at each rate;

(5) the signature of the psilocybin retailer; and

(6) any other information as the Department may reasonably require.

All returns required to be filed and payments required to be made under this Article shall be by electronic means. Psilocybin retailers who demonstrate hardship in paying electronically may petition the Department to waive the electronic payment requirement.

Any amount that is required to be shown or reported on any return or other document under this Article shall, if the amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount if the fractional part of a dollar is $0.50 or more and decreased to the nearest whole-dollar amount if the fractional part of a dollar is less than $0.50. If a total amount of less than $1 is payable, refundable, or creditable, the amount shall be disregarded if it is less than $0.50 and shall be increased to $1 if it is $0.50 or more.

The psilocybin retailer making the return provided for in this Section shall also pay to the Department, in accordance with this Section, the amount of tax imposed by this Article, less a discount of 2% per return period, which is allowed to reimburse the psilocybin retailer for the expenses incurred in keeping records, collecting tax, preparing and filing returns, remitting the tax, and supplying data to the Department upon request. No discount may be claimed by a psilocybin retailer on returns not timely filed and for taxes not timely remitted. No discount may be claimed by a taxpayer for any return that is not filed electronically. No discount may be claimed by a taxpayer for any payment that is not made electronically, unless a waiver has been granted under this Section.

Notwithstanding any other provision of this Article concerning the time within which a psilocybin retailer may file a return, any such psilocybin retailer who ceases to engage in the kind of business that makes the person responsible for filing returns under this Article shall file a final return under this Article with the Department within one month after discontinuing the business.

Each psilocybin retailer shall make estimated payments to the Department on or before the 7th, 15th, 22nd, and last day of the month during which tax liability to the Department is incurred. The payments shall be in an amount not less than the lower of either 22.5% of the psilocybin retailer's actual tax liability for the month or 25% of the psilocybin retailer's actual tax liability for the same calendar month of the preceding year. The amount of the quarter-monthly payments shall be credited against the final tax liability of the psilocybin retailer's return for that month. If any such quarter-monthly payment is not paid at the time or in the amount required by this Section, then the psilocybin retailer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of the quarter-monthly payment actually and timely paid, except insofar as the psilocybin retailer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section.

If any payment provided for in this Section exceeds the taxpayer's liabilities under this Article, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by the credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Article, in accordance with reasonable rules to be prescribed by the Department. If no such request is made, the taxpayer may credit the excess payment against tax liability subsequently to be remitted to the Department under this Article, in accordance with reasonable rules prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's discount shall be reduced, if necessary, to reflect the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on the difference. If a psilocybin retailer fails to sign a return within 30 days after the proper notice and demand for signature by the Department is received by the psilocybin retailer, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed.

Section 390. Deposit of proceeds. All moneys received by the Department under this Article shall be paid into the Illinois Psilocybin Fund.

Section 395. Recordkeeping; books and records.

(a) Every retailer of psilocybin, whether or not the retailer has obtained a certificate of registration under Section 375, shall keep complete and accurate records of psilocybin held, purchased, sold, or otherwise disposed of, and shall preserve and keep all invoices, bills of lading, sales records, and copies of bills of sale, returns, and other pertinent papers and documents relating to the purchase, sale, or disposition of psilocybin. Such records need not be maintained on the licensed premises but must be maintained in the State of Illinois. However, all original invoices or copies thereof covering purchases of psilocybin must be retained on the licensed premises for a period of 90 days after such purchase, unless the Department has granted a waiver in response to a written request in cases where records are kept at a central business location within the State of Illinois. The Department shall adopt rules regarding the eligibility for a waiver, revocation of a waiver, and requirements and standards for maintenance and accessibility of records located at a central location under a waiver provided under this Section.

(b) Books, records, papers, and documents that are required by this Article to be kept shall, at all times during the usual business hours of the day, be subject to inspection by the Department or its duly authorized agents and employees. The books, records, papers, and documents for any period with respect to which the Department is authorized to issue a notice of tax liability shall be preserved until the expiration of that period.

Section 400. Violations and penalties.

(a) When the amount due is under $300, any retailer of psilocybin who fails to file a return, willfully fails or refuses to make any payment to the Department of the tax imposed by this Article, or files a fraudulent return, or any officer or agent of a corporation engaged in the business of selling psilocybin to purchasers located in this State who signs a fraudulent return filed on behalf of the corporation, or any accountant or other agent who knowingly enters false information on the return of any taxpayer under this Article is guilty of a Class 4 felony.

(b) When the amount due is $300 or more, any retailer of psilocybin who files, or causes to be filed, a fraudulent return, or any officer or agent of a corporation engaged in the business of selling psilocybin to purchasers located in this State who files or causes to be filed or signs or causes to be signed a fraudulent return filed on behalf of the corporation, or any accountant or other agent who knowingly enters false information on the return of any taxpayer under this Article is guilty of a Class 3 felony.

(c) Any person who violates any provision of Section 375, fails to keep books and records as required under this Article, or willfully violates a rule of the Department for the administration and enforcement of this Article is guilty of a Class 4 felony. A person commits a separate offense on each day that he or she engages in business in violation of Section 375 or a rule of the Department for the administration and enforcement of this Article. If a person fails to produce the books and records for inspection by the Department upon request, a prima facie presumption shall arise that the person has failed to keep books and records as required under this Article. A person who is unable to rebut this presumption is in violation of this Article and is subject to the penalties provided in this Section.

(d) Any person who violates any provision of Sections 375, fails to keep books and records as required under this Article, or willfully violates a rule of the Department for the administration and enforcement of this Article, is guilty of a business offense and may be fined up to $5,000. If a person fails to produce books and records for inspection by the Department upon request, a prima facie presumption shall arise that the person has failed to keep books and records as required under this Article. A person who is unable to rebut this presumption is in violation of this Article and is subject to the penalties provided in this Section. A person commits a separate offense on each day that he or she engages in business in violation of Section 375.

(e) Any taxpayer or agent of a taxpayer who with the intent to defraud purports to make a payment due to the Department by issuing or delivering a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository, is guilty of a deceptive practice in violation of Section 17-1 of the Criminal Code of 2012.

(f) Any person who fails to keep books and records or fails to produce books and records for inspection, as required by Section 65-36, is liable to pay to the Department, for deposit in the Tax Compliance and Administration Fund, a penalty of $1,000 for the first failure to keep books and records or failure to produce books and records for inspection, as required by Section 65-36, and $3,000 for each subsequent failure to keep books and records or failure to produce books and records for inspection, as required by Section 395.

(g) Any person who knowingly acts as a retailer of psilocybin in this State without first having obtained a certificate of registration to do so in compliance with this Article shall be guilty of a Class 4 felony.

(h) A person commits the offense of tax evasion under this Article when the person knowingly attempts in any manner to evade or defeat the tax imposed on the person or on any other person, or the payment thereof, and the person commits an affirmative act in furtherance of the evasion. As used in this Section, "affirmative act in furtherance of the evasion" means an act designed in whole or in part to (i) conceal, misrepresent, falsify, or manipulate any material fact or (ii) tamper with or destroy documents or materials related to a person's tax liability under this Article. 2 or more acts of sales tax evasion may be charged as a single count in any indictment, information, or complaint and the amount of tax deficiency may be aggregated for purposes of determining the amount of tax that is attempted to be or is evaded and the period between the first and last acts may be alleged as the date of the offense.

(1) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is less than $500, a person is guilty of a Class 4 felony.

(2) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is $500 or more but less than $10,000, a person is guilty of a Class 3 felony.

(3) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is $10,000 or more but less than $100,000, a person is guilty of a Class 2 felony.

(4) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is $100,000 or more, a person is guilty of a Class 1 felony.

Any person who knowingly sells, purchases, installs, transfers, possesses, uses, or accesses any automated sales suppression device, zapper, or phantom-ware in this State is guilty of a Class 3 felony.

As used in this Section:

"Automated sales suppression device" or "zapper" means a software program that falsifies the electronic records of an electronic cash register or other point-of-sale system, including, but not limited to, transaction data and transaction reports. The term includes the software program, any device that carries the software program, or an Internet link to the software program.

"Phantom-ware" means a hidden programming option embedded in the operating system of an electronic cash register or hardwired into an electronic cash register that can be used to create a second set of records or that can eliminate or manipulate transaction records in an electronic cash register.

"Electronic cash register" means a device that keeps a register or supporting documents through the use of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in any manner.

"Transaction data" includes: items purchased by a purchaser; the price of each item; a taxability determination for each item; a segregated tax amount for each taxed item; the amount of cash or credit tendered; the net amount returned to the customer in change; the date and time of the purchase; the name, address, and identification number of the vendor; and the receipt or invoice number of the transaction.

"Transaction report" means a report that documents, without limitation, the sales, taxes, or fees collected, media totals, and discount voids at an electronic cash register and that is printed on a cash register tape at the end of a day or shift, or a report that documents every action at an electronic cash register and is stored electronically.

A prosecution for any act in violation of this Section may be commenced at any time within 5 years of the commission of that act.

(i) The Department may adopt rules to administer the penalties under this Section.

(j) Any person whose principal place of business is in this State and who is charged with a violation under this Section shall be tried in the county where his or her principal place of business is located unless he or she asserts a right to be tried in another venue.

(k) Except as otherwise provided in subsection (h), a prosecution for a violation described in this Section may be commenced within 3 years after the commission of the act constituting the violation.

Section 405. Arrest; search and seizure without warrant. Any duly authorized employee of the Department: (i) may arrest without warrant any person committing in the employee's presence a violation of any of the provisions of this Article; (ii) may without a search warrant inspect all psilocybin located in any place of business; (iii) may seize any psilocybin in the possession of the retailer in violation of this Act; and (iv) may seize any psilocybin on which the tax imposed by this Act has not been paid. The psilocybin seized is subject to confiscation and forfeiture as provided in Sections 415 and 416.

Section 410. Seizure and forfeiture. After seizing any psilocybin as provided in this Article , the Department must hold a hearing and determine whether the retailer was properly registered to sell the psilocybin at the time of its seizure by the Department. The Department shall give not less than 20 days' notice of the time and place of the hearing to the owner of the psilocybin, if the owner is known, and also to the person in whose possession the psilocybin was found, if that person is known and if the person in possession is not the owner of the psilocybin. If neither the owner nor the person in possession of the psilocybin is known, the Department must cause publication of the time and place of the hearing to be made at least once in each week for 3 weeks successively in a newspaper of general circulation in the county where the hearing is to be held.

If, as the result of the hearing, the Department determines that the retailer was not properly registered at the time the psilocybin was seized, the Department must enter an order declaring the psilocybin confiscated and forfeited to the State, to be held by the Department for disposal by it as provided in Section 416. The Department must give notice of the order to the owner of the psilocybin, if the owner is known, and also to the person in whose possession the psilocybin was found, if that person is known and if the person in possession is not the owner of the psilocybin. If neither the owner nor the person in possession of the psilocybin is known, the Department must cause publication of the order to be made at least once in each week for 3 weeks successively in a newspaper of general circulation in the county where the hearing was held.

Section 415. Search warrant; issuance and return; process; confiscation of psilocybin; forfeitures.

(a) If a peace officer of this State or any duly authorized officer or employee of the Department has reason to believe that any violation of this Article or a rule of the Department for the administration and enforcement of this Article has occurred and that the person violating this Article or rule has in that person's possession any psilocybin in violation of this Article or a rule of the Department for the administration and enforcement of this Article, that peace officer, or officer or employee of the Department, may file or cause to be filed his or her complaint in writing, verified by affidavit, with any court within whose jurisdiction the premises to be searched are situated, stating the facts upon which the belief is founded, the premises to be searched, and the property to be seized, and procure a search warrant and execute that warrant. Upon the execution of the search warrant, the peace officer, or officer or employee of the Department, executing the search warrant shall make due return of the warrant to the court issuing the warrant, together with an inventory of the property taken under the warrant. The court must then issue process against the owner of the property if the owner is known; otherwise, process must be issued against the person in whose possession the property is found, if that person is known. In case of inability to serve process upon the owner or the person in possession of the property at the time of its seizure, notice of the proceedings before the court must be given in the same manner as required by the law governing cases of attachment. Upon the return of the process duly served or upon the posting or publishing of notice made, as appropriate, the court or jury, if a jury is demanded, shall proceed to determine whether the property seized was held or possessed in violation of this Article or a rule of the Department for the administration and enforcement of this Article. If a violation is found, judgment shall be entered confiscating the property and forfeiting it to the State and ordering its delivery to the Department. In addition, the court may tax and assess the costs of the proceedings.

(b) When any psilocybin has been declared forfeited to the State by the Department, as provided in Section III and this Section, and when all proceedings for the judicial review of the Department's decision have terminated, the Department shall, to the extent that its decision is sustained on review, destroy or maintain and use such psilocybin in an undercover capacity.

(c) The Department may, before any destruction of psilocybin, permit the true holder of trademark rights in the psilocybin to inspect such psilocybin in order to assist the Department in any investigation regarding such psilocybin.

Section 416. Psilocybin retailers; purchase and possession of psilocybin. Psilocybin retailers shall purchase psilocybin for resale only from manufacturers as authorized by this Act.

Section 417. Rulemaking. The Department may adopt rules in accordance with the Illinois Administrative Procedure Act and prescribe forms relating to the administration and enforcement of this Article as it deems appropriate.

Section 420. 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 425. 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 425. Illinois Psilocybin Fund; payment of expenses. All moneys received by the Department of Revenue under Sections 355 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 355 through this Section out of moneys received from the tax imposed under Section 360. Amounts necessary to pay administrative and enforcement expenses are continuously appropriated to the Department of Revenue from the Illinois Psilocybin Fund.

Section 430. 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 435. 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 440. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 900. The Freedom of Information Act is amended by changing Section 7 as follows:

(5 ILCS 140/7)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

(b) Private information, unless disclosure is required by another provision of this Act, a State or federal law, or a court order.

(b-5) Files, documents, and other data or databases maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.

(c) Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.

(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;

(ii) interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request;

(iii) create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing;

(iv) unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic crashes, traffic crash reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation, or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;

(vi) endanger the life or physical safety of law enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law enforcement purposes and contained in a shared electronic record management system if the law enforcement agency that is the recipient of the request did not create the record, did not participate in or have a role in any of the events which are the subject of the record, and only has access to the record through the shared electronic record management system.

(d-6) Records contained in the Officer Professional Conduct Database under Section 9.2 of the Illinois Police Training Act, except to the extent authorized under that Section. This includes the documents supplied to the Illinois Law Enforcement Training Standards Board from the Illinois State Police and Illinois State Police Merit Board.

(d-7) Information gathered or records created from the use of automatic license plate readers in connection with Section 2-130 of the Illinois Vehicle Code.

(e) Records that relate to or affect the security of correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials are available in the library of the correctional institution or facility or jail where the inmate is confined.

(e-6) Records requested by persons committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials include records from staff members' personnel files, staff rosters, or other staffing assignment information.

(e-7) Records requested by persons committed to the Department of Corrections or Department of Human Services Division of Mental Health if those materials are available through an administrative request to the Department of Corrections or Department of Human Services Division of Mental Health.

(e-8) Records requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, the disclosure of which would result in the risk of harm to any person or the risk of an escape from a jail or correctional institution or facility.

(e-9) Records requested by a person in a county jail or committed to the Department of Corrections or Department of Human Services Division of Mental Health, containing personal information pertaining to the person's victim or the victim's family, including, but not limited to, a victim's home address, home telephone number, work or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.

(e-10) Law enforcement records of other persons requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, including, but not limited to, arrest and booking records, mug shots, and crime scene photographs, except as these records may be relevant to the requester's current or potential case or claim.

(f) Preliminary drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

The information included under this exemption includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure.

(h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

(i) Valuable formulae, computer geographic systems, designs, drawings, and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.

(j) The following information pertaining to educational matters:

(i) test questions, scoring keys, and other examination data used to administer an academic examination;

(ii) information received by a primary or secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers;

(iii) information concerning a school or university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and

(iv) course materials or research materials used by faculty members.

(k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including, but not limited to, power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.

(l) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

(n) Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.

(o) Administrative or technical information associated with automated data processing operations, including, but not limited to, software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.

(p) Records relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment.

(r) The records, documents, and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents, and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents, and information relating to a real estate sale shall be exempt until a sale is consummated.

(s) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. Insurance or self-insurance (including any intergovernmental risk management association or self-insurance pool) claims, loss or risk management information, records, data, advice, or communications.

(t) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions, insurance companies, or pharmacy benefit managers, unless disclosure is otherwise required by State law.

(u) Information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic signatures under the Uniform Electronic Transactions Act.

(v) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, but only to the extent that disclosure could reasonably be expected to expose the vulnerability or jeopardize the effectiveness of the measures, policies, or plans, or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, to cybersecurity vulnerabilities, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.

(y) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.

(z) Information about students exempted from disclosure under Section 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality review team and records maintained by a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.

(cc) Information regarding interments, entombments, or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.

(ee) The names, addresses, or other personal information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations.

(ff) The names, addresses, or other personal information of participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors.

(gg) Confidential information described in Section 1-100 of the Illinois Independent Tax Tribunal Act of 2012.

(hh) The report submitted to the State Board of Education by the School Security and Standards Task Force under item (8) of subsection (d) of Section 2-3.160 of the School Code and any information contained in that report.

(ii) Records requested by persons committed to or detained by the Department of Human Services under the Sexually Violent Persons Commitment Act or committed to the Department of Corrections under the Sexually Dangerous Persons Act if those materials: (i) are available in the library of the facility where the individual is confined; (ii) include records from staff members' personnel files, staff rosters, or other staffing assignment information; or (iii) are available through an administrative request to the Department of Human Services or the Department of Corrections.

(jj) Confidential information described in Section 5-535 of the Civil Administrative Code of Illinois.

(kk) The public body's credit card numbers, debit card numbers, bank account numbers, Federal Employer Identification Number, security code numbers, passwords, and similar account information, the disclosure of which could result in identity theft or impression or defrauding of a governmental entity or a person.

(ll) Records concerning the work of the threat assessment team of a school district, including, but not limited to, any threat assessment procedure under the School Safety Drill Act and any information contained in the procedure.

(mm) Information prohibited from being disclosed under subsections (a) and (b) of Section 15 of the Student Confidential Reporting Act.

(nn) Proprietary information submitted to the Environmental Protection Agency under the Drug Take-Back Act.

(oo) Records described in subsection (f) of Section 3-5-1 of the Unified Code of Corrections.

(pp) Any and all information regarding burials, interments, or entombments of human remains as required to be reported to the Department of Natural Resources pursuant either to the Archaeological and Paleontological Resources Protection Act or the Human Remains Protection Act.

(qq) (pp) Reports described in subsection (e) of Section 16-15 of the Abortion Care Clinical Training Program Act.

(rr) (pp) Information obtained by a certified local health department under the Access to Public Health Data Act.

(ss) (pp) For a request directed to a public body that is also a HIPAA-covered entity, all information that is protected health information, including demographic information, that may be contained within or extracted from any record held by the public body in compliance with State and federal medical privacy laws and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act and its regulations, 45 CFR Parts 160 and 164. As used in this paragraph, "HIPAA-covered entity" has the meaning given to the term "covered entity" in 45 CFR 160.103 and "protected health information" has the meaning given to that term in 45 CFR 160.103.

(tt) Correspondence and records that may not be disclosed under Section 265 of the Compassionate Use and Research of Entheogens Act.

(1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records prior to disclosure under this Act.

(2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.

(3) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.

(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised 9-7-23.)

Section 905. The Criminal Identification Act is amended by changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

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 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 (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 (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 or vacation and expungement of trafficking victims' crimes.

(1) A trafficking victim, as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012, may petition for vacation and expungement or 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 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.

(1.5) A petition under paragraph (1) shall be prepared, signed, and filed in accordance with Supreme Court Rule 9. The court may allow the petitioner to attend any required hearing remotely in accordance with local rules. The court may allow a petition to be filed under seal if the public filing of the petition would constitute a risk of harm to the petitioner.

(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 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 vacation and expungement or 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 vacation and expungement or immediate sealing under this subsection (h). A petitioner is eligible for vacation and expungement or 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 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, 2025 2023;

(iii) Records created prior to January 1, 2000 shall be automatically expunged prior to January 1, 2027 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 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 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. 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; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)

Section 910. The State Finance Act is amended by adding Sections 5.1015 and 5.1016 as follows:

(30 ILCS 105/5.1015 new)

Sec. 5.1015. The Psilocybin Control and Regulation Fund.

(30 ILCS 105/5.1016 new)

Sec. 5.1016. The Illinois Psilocybin Fund.

Section 915. 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 920. 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]-hydrox y- [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[be ta]- dihydroxyandrost-5-ene), (xxxii) methenolon e (1-methyl-17[beta]-hydroxy- 5[al pha]-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]-hydroxyes tr-4-en-3-one), (xliii) 19-n or-4-androstenediol (3[beta], 17[beta]- dih ydroxyestr-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]- hy droxygon-4-en-3-one),

(li) norclostebol (4-chloro-17[beta]- hydroxyestr-4-en-3-one), (lii) no rethandrolone (17[alpha]-ethyl-17[beta]- hydroxye str-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-on e), (lv) oxymesterone (17[alpha]-methyl-4,17 [beta]- dihydroxyandrost-4-en-3-one), (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 17[beta]-h ydroxy-(5[alpha]-androstan-3-one), (lvii) stan ozolol (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). A ny person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufac tures, 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 a pproved by the Secretary of Health and Human Services for such administration, and which the person int ends to administer or have administered through such implants, shall not be considered to be in unaut horized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess wi th intent to deliver such anabolic steroid for purposes of this Act. (d) "Administrati on" means the Drug Enforcement Administration, United States Departme nt of Justice, or its successor agency. (d-5) "Clinical Director, Prescription Monitoring Program" means a Department of Human Services administrative e mployee licensed to either prescribe or dispense contro lled substances who shall run the clinical aspects of the Depar tment of Human Services Prescription Monitoring Program and i ts Prescription Information Library.

(d-10) "Compounding" means the preparation and mixing of components, excluding flavorings, (1) as the result of a p rescriber's prescription drug order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice or (2) for the purpos e of, or incident to, research, teaching, or chemical analysis and not for sale or dispen sing. "Compounding" includes the preparation of drugs or dev ices in anticipation of receiving pre scription drug orders based on routine, regularly observed dispen sing patterns. Commercially available products may be compoun ded for dispensing to individual patients only if both of the f ollowing conditions are met: (i) the commercial product is not reasonably available from normal distribution channels in a t imely manner to meet the patient's need s and (ii) the prescribing practitioner has requested that the drug be compounded. (e) "Control" mean s 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 su bstance, or immediate precursor, designated as a controlled su bstance by the Department through administrative rule. The t erm does not include: distilled spirits, wine, malt beverages, or tobacco, as those terms are defin ed or used in the Liquor Control Act of 1934 and the Tobacco Products Tax Act of 1995; or psilocybin or a psilocy bin product, as those terms are defined or used in the Co mpassionate Use and Research of Entheogens Act . (f-5 ) "Controlled substance analog" means a substance:

(1) the chemical structure of w hich is substantially similar to the chemical stru cture of a controlled substance in Schedule I or II; (2) which has a stimulant, depressant, or hallucinogenic effect on the central nervous s ystem that is substantially similar to or greater than the st imulant, depressant, or hallucinogenic effect on the central n ervous 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 ha llucinogenic effect on the central nervous system that is substa ntially 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 controlle d substance, which, or the container or labeling o f which, without authorization bears the trademark, trade na me, or other identifying mark, imprint, number o r device, or any likeness thereof, of a manufacturer, dis tributor, or dispenser other than the person who in fact ma nufactured, distributed, or dispensed the substance.

(h) "Deliver" or "delivery" means the actual, constructive or attempted tr ansfer of possession of a controlled substance, with or wi thout consideration, whether or not there is an ag ency 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 th e Department of Alcoholism and Substance Abuse) or its suc cessor agency. (j) (Blank).

(k) "Department of Corrections" means the De partment of Corrections of the State of Illinois or its succe ssor agency. (l) "Department of Financial and Professional Regulation" means the Department of Fina ncial and Professional Regulation of the Sta te of Illinois or its successor agency.

(m) "Depressant" means any drug that (i) causes an overall depr ession of central nervous system functions, (ii) causes im paired consciousness and awareness, and (iii) can be habit-forming or lead to a substance abuse problem, includi ng, but not limited to, alcohol, cannabis and its active princip les and their analogs, benzodiazepines and their analogs , barbiturates and their analogs, opioids (natural and synt hetic) and their analogs, and chloral hydrate and similar sed ative 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 pursu ant to the lawful order of a prescriber, including the prescribing, a dministering, 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) substance s recognized as drugs in the official United States Pharmacopo eia, Official Homeopathic Pharmacopoeia of the United States, or offici al National Formulary, or any supplement to any of them; (2) substances intended for use in diagnosis, cure, mitiga tion, treatment, or prevention of disease in man or animal s; (3) substances (other than food) intended to affect the structure of any function of the body of man or animals a nd (4) substances intended for use as a component of any arti cle 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 info rmation on an individual that is created, gathered, managed, and cons ulted by authorized health care clinicians and staff. (t-3.5) "Electronic health record syste m" or "EHR system" means any computer-based system or combination of federally certified Health IT Modules (def ined at 42 CFR 170.102 or its successor) used as a repository f or electronic health records and accessed or updated by a presc riber or authorized surrogate in the ordinary course of his or her medical practice. For purposes of connecting to the Prescri ption 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 di rectly or through all or part of a computer program or sy stem that is a federally certified Health IT Module maintain ed by a third party and used by the EHR system to secure acce ss to the database. (t-4) "Emergency medica l services personnel" has the meaning ascribed to it in the Emer gency Medical Services (EMS) Systems Act. (t-5) "Euthanasia agency" means an entity certified by the Dep artment of Financial and Professional Regulation for the purpo se of animal euthanasia that holds an animal control f acility license or animal shelter license under the Ani mal Welfare Act. A euthanasia agency is authorized to pur chase, store, possess, and utilize Schedule II nonnarcotic an d Schedule III nonnarcotic drugs for the sole purpose of anim al euthanasia. (t-10) "Euthanasia d rugs" means Schedule II or Schedule III substances (nonnarcoti c controlled substances) that are used by a euthanasia agen cy for the purpose of animal euthanasia. (u) "Good faith" means th e 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 tha t individual's physical or psychological dependence upon or addiction to a controlled substance, except as provided he rein: and application of the term to a pharmacist shall mean the dispensing of a controlled substance pursuant to the pr escriber's order which in the professional judgment of t he pharmacist is lawful. The pharmacist shall be guided by acc epted professional standards, i ncluding, but not limited to, the following, in making the jud gment: (1) lack of consi stency of prescriber-patient relationship,

(2) frequency of prescriptions for same drug by one prescr iber for large numbers of patients, (3) quantities beyond those normally prescribed, (4) unusual dosages (recognizi ng that there may be clinical circumstances where more or less than the usual dose may be used legitimately), (5) unusual geographic distance s between patient, pharmacist and prescriber, (6) consistent prescribing of habit-forming drugs. (u-0.5) "H allucinogen" means a drug that causes markedly altered senso ry perception leading to hallucinations of any type. ( u-1) "Home infusion services" means services provide d 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 parenter al, intravenous, intramuscular, subcutaneous, or intraspinal infusion. (u-5) "Illinois State Police" means the Illino is 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 compou nd used, or produced primarily for use, in the manufacture of a controlled substan ce; (2) which is an immedia te chemical intermediary used or likely to be used in the ma nufacture of such control led substance; and (3) the c ontrol of which is necessary to prevent, curtail or limit the manufacture of such controlled substance. (w) "In structional activities" means the acts of teaching, educ ating or instructing by practitioners using controlled substances within educational facilities approved by the State Board of Educati on or its successor agency. (x) "Local authorities" means a duly organized State, County or Municipal peace unit or police force. (y) "Look-a like substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings o r lack thereof, taste, consistency, or any other identifyin g physical characteristic of the substance, would lead a re asonable person to believe that the substance is a controlled substance, or (2) is expressly or impli edly represented to be a controlled substance or is distributed under circumstance s which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of det ermining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe t he substance to be a controlled substance under this c lause (2) of subsection (y), the court or other authority may consi der the following factors in addition to any other factor that ma y be relevant: (a) statements made by the owner or person in control of the s ubstance concerning its nature, use or effect; (b) statements made to the buyer or r ecipient that the substance may be resold for profit;

(c) whether the substance is packaged in a manner normally used for the illegal distri bution of controlled substances;

(d) whether the distribution or attempted di stribution included an exchange of or demand for mon ey or other property as consideration, and whether the amo unt of the consideration was substantially greater than the r easonable 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 initia lly introduced into commerce prior to the initial introducti on into commerce of a controlled substance in its finished dosage form which it may s ubstantially resemble. Nothing in this sub section (y) prohibits the dispensing or distributing of noncontrol led substances by persons authorized to dispense and dis tribute controlled substances under this Act, provided th at such action would be deemed to be carri ed out in good faith under subsection (u) if the substances i nvolved were controlled substances. Nothing in this subsection (y) or in this Act prohibits the manufacture, preparation, propagation, compo unding, 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. 36 0). (y-1) "Mail-order pha rmacy" means a pharmacy that is located in a state of the Un ited States that delivers, dispenses or distributes, through the United State s Postal Service or other common carrier, to Illinois resid ents, any substance which requires a prescription. (z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a contr olled substance other than methamphetamine, either direct ly or indirectly, by extraction from substances of natur al origin, or independently by means of chemical synthes is, or by a combination of extraction and chemical synth esis, and includes any packaging or repackaging of the substa nce 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 o r 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 i n 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 Pr ogram Act. (z-1) (Blank ). (z-5) "Medication shop ping" means the conduct prohibited under subsection (a) o f Section 314.5 of this Act.

(z-10) "Mid-level practitioner" mean s (i) a physician assistant who has been delega ted authority to prescribe through a written delegat ion of authority by a physician licensed to practice medicine in all of its branches, in accordance wit h Section 7.5 of the Physician Assistant Practice Act of 1987, (ii) an advanced practice registered nurse who has been de legated 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 Se ction 65-40 of the Nurse Practice Act, (iii) an advan ced practice registered nurse certified as a nurse practitioner, nurse midwife, or c linical nurse specialist who has been granted authority to pres cribe 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) "N arcotic drug" means any of the following, whether produce d directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemica l synthesis, or by a combination of extraction and chemical synthesis: (1) opium, opi ates, derivatives of opium and opiates, including their iso mers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, eth ers, and salts is possible within the specific chemical de signation; however the term "narcotic drug" does not include t he isoquinoline alkaloids of opium; (2) (blank); (3) op ium poppy and poppy straw; (4) coca leaves, except coca leaves and extracts of coca leaves from which substantially all of the cocain e and ecgonine, and their isomers, derivatives and salts, have been removed; (5) coca ine, its salts, optical and geometric isomers, and salts o f isomers; (6) ecgonine, its derivatives, their salts, isomers, an d salts of isomers; (7) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagra phs (1) through (6). (bb) "Nurse" means a registered nurse licensed under the Nurse Practice Act. (cc) (Blank). (dd) "Opiate" means any substanc e having an addiction forming or addiction sustaining liability simil ar to morphine or being capable of conversion into a drug having addiction forming or addiction sustaining liabili ty. (ee) "Opium poppy" means the plan t of the species Papaver somniferum L., except it s seeds. (ee-5) "Oral dosage" means a tablet, capsule, elixir, or solution or other liq uid form of medication intended for administration by mouth , but the term does not include a form of medicatio n intended for buccal, sublingual, or transmucosal adm inistration. (ff) "Parole and Pardon Boa rd" means the Parole and Pardon Board of the State of Illinois or its successor agency. (gg ) "Person" means any individual, corpor ation, mail-order pharmacy, government or governmental subdivision or agency, bus iness trust, estate, trust, partnership or association, or any other entity. (hh) "Pharmacist" means an y person who holds a license or certificate of registration as a registered pharmacist, a local registered pharmacist or a registered assistant pharmacist under the Pharmac y Practice Act. (ii) "Pharmacy" means any st ore, ship or other place in which pharmacy is authorized to be practiced under the Pharmacy Practice Act.

(ii-5) "Pharmacy shopping" means the conduct prohib ited under subsection (b) of Sectio n 314.5 of this Act. (ii-10) "Physi cian" (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 prac tice medicine in all its branches, dentist, optometrist, p odiatric physician, veterinarian, scientific investigator, pharmacist, physician assistant, advanced practice re gistered nurse, licensed practical nurse, registered nurse, eme rgency 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 researc h with respect to, administer or use in teaching or chemical analysis , a controlled substance in the course of professional practi ce or research. (ll) "Pre-printed pre scription" means a written prescript ion upon which the designated drug has been indicated pri or to the time of issuance; the term does not mean a written prescription that is individually generated by m achine or computer in the prescriber's office. (mm) "Prescriber" means a physician licensed to practice m edicine in all its branches, dentist, optometrist, prescr ibing psychologist licensed under Section 4.2 of the Clinical Psychologist Licensing Act with prescriptive authority del egated under Section 4.3 of the Clinical Psychologist Lic ensing Act, podiatric physician, or veterinarian who issues a prescription, a physician assistant who issues a prescriptio n for a controlled substance in accordance with Section 303. 05, a written delegation, and a written collaborative agreement requ ired under Section 7.5 of the Physician Assistant Prac tice Act of 1987, an advanced practice registered nurse with pr escriptive 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 agreem ent under Section 65-35 of the Nurse Practice Act, an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse speci alist 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 wit h Section 303.05, or an advanced practice registered nurse cer tified as a nurse practitioner, nurse midwife, or clinic al 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 i n accordance with Section 15.1 of the Illinois Optometric Practice Act of 1987, of a prescribing psychologist licensed u nder Section 4.2 of the Clinical Psychologist Licensing Act w ith prescriptive authority delegated under Section 4.3 of the Clin ical Psychologist Licensing Act, of a physician assistant for a controlled substance in accordance with Section 303.05, a wr itten delegation, and a written collaborative agreement requir ed under Section 7.5 of the Physician Assistant Practice Act of 198 7, of an advanced practice registered n urse with prescriptive authority delegated under Section 65-40 of the Nurse Practice Act who issues a prescrip tion for a controlled substance in accordance with Section 303.05, a written delegation, and a written collaborative agr eement under Section 65-35 of the Nurse Practice Act, o f an advanced practice registered nurse certified as a nurs e practitioner, nurse midwife, or clinical nurse specialist w ho has been granted authority to prescribe by a hospital affi liate in accordance with Section 65-45 of the Nurse Pract ice 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 spec ialist who has full practice authority pursuant to Section 65-43 of the Nurse Practice Act. (nn-5) "Prescription Information Library" (PIL) means an electron ic 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 d rugs pursuant to Section 316. (oo) "Produc tion" or "produce" means manufacture, planting, cultivati ng, growing, or harvesting of a controlled substance other than methamphetamine. (pp) "Registrant" means eve ry person who is required to register under Section 302 of thi s Act. (qq) "Registry number" means t he number assigned to each person authorized to handle control led substances under the laws of the United States and of this Stat e. (qq-5) "Sec retary" means, as the context requires, either the Secretary of the Department or the Secretary of the Department of Financial and Professional Regula tion, and the Secretary's designated agents.

(rr) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession ther eof, and any area subjec t to the legal authority of the United States of A merica. (rr-5) "Stimulant" means any drug that (i) causes an overall excitation of central ner vous system functions, (ii) causes impaired consciousnes s and awareness, and (iii) can be habit-forming or le ad to a substance abuse problem, including, but not limit ed to, amphetamines and their analogs, methylphenidate and i ts analogs, cocaine, and phencyclidine and its analogs. (rr-10) "Synthetic drug" includes, but is not l imited 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 he r 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 ILC

S 570/204) (from Ch. 56 1/2, par

. 1204) Sec. 204. (a) The controlled substances listed in this Section are i ncluded in Schedule I. (b) Unless specifi cally excepted or unless listed in another schedule, any of t he following opiates, including their isomers, esters, ethe rs, salts, and salts of isomers, esters, and ethers, whenever th e existence of such isomers, esters, ethers and salts is pos sible within the specific chemical designation: (1) Acetylmethadol; (1.1) Acetyl-alpha-methylf entanyl (N-[1-(1-methyl-2-phenethyl)- 4-piperidinyl]-N-phenylacetamide); (2) Allylprodine; (3) Alphacetylmethadol, except levo-alphacetylmethadol (also known as levo-alpha- acetylmethadol, levomethadyl ace tate, or LAAM); (4) Alphameprodine; (5) Alphamethadol; (6) Alpha-methylfentanyl (N-(1-alpha-methyl-beta-phenyl) ethyl-4-pi peridyl) propionanilide; 1-(1-me thyl-2-phenylethyl)-4-(N-

propanilido) piperidine; (6.1) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl- 4-piperidinyl]-N-phenylpropanami de); (7 ) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP); (7.1 ) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxyp iperidine); (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) Dimethylthiambut ene; (21) Dioxaphetyl butyrate;

(22) Dipipanone; (23) Ethylmethylthiam butene; (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-phenylpropanam ide); (31.1) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl- 4-piper idinyl]-N-phenylpropanamide); (32) Morpheridine; (33) Noracymethadol; (34) Norlevorphanol; (35) Normethadone; (36) Norpipanone; (36.1) Para-fluorofenta nyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)- 4-piperid inyl]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) T ilidine; (47) Trimeperidine; (48) Beta-hydroxy-3-methylfentanyl (other nam e: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piper idinyl]- N-phenylpropanamide); (49) Furanyl fen tanyl (FU-F); (50) Butyryl fentanyl;

(51) Valeryl fentanyl; (52) Acetyl fentanyl; (53) Beta-hydroxy-thio fentanyl;

(54) 3,4-dichloro-N-[2- (dimethyl amino)cyclohexyl]-N- methylbenzamide (U-47700); (55) 4-c hloro-N-[1-[2- (4-nitrophenyl)ethyl]-2-piperidinylidene]- benzenesulfon amide (W-18); (56) 4-chloro-N-[1-(2-pheny lethyl) -2-piperidinylidene]-benzenesulfon amide (W-15); (57) acr ylfentanyl (acryloylfentanyl). (c) Unless specifically excepted or unless listed in anot her schedule, any of the following opium derivatives, its salts, isomers and salts of isomers, whenever the existence of such salts, is omers and salts of isomers is possible within the specific c hemical designation: (1) Acetorphine; (2) Acetyl dihydrocodeine; (3) Benzylmorp hine; (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) Pho lcodine; (24) Thebaco n. (d) Unless specifically excepte d or unless listed in another schedule, any material, compound, mixture, or pre paration which contains any quantity of the foll owing hallucinogenic substances, or which contains any o f its salts, isomers and salts of isomers, whenever the ex istence of such salts, isomers, and salts of isomers is possibl e within the specific chemical designation (for the purposes of this paragraph only, the term "isomer" includes the optical, posit ion and geometric isomers): (1) 3,4-methylenedioxyamphetamine (alpha-met hyl,3,4-methylenedioxyphenethylamine, methy lenedioxyamphetamine, MDA); (1.1) Alpha-ethyltryptamine (some trade or other names: etryptamine; MONASE ; alpha-ethyl-1H-indo le-3-ethanamine; 3-(2-ami nobutyl)indole; a-ET; and AET); (2) 3,4-methylenedioxym ethamphetamine (MDMA); (2.1) 3 ,4-methylenedioxy-N-ethylamphetamine (a lso known as: N-ethyl-alpha-methyl- 3,4(methylenedioxy) Phenethylamine, N-ethyl MD A, MDE, and MDEA); (2.2) N-Benzylpiperazine (BZP); (2.2-1) Trifluo romethylphenylpiperazine (TFMPP);

(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMD A); ( 4) 3,4,5-trimethoxyamphetamine (TMA); (5) (Blank); (6) Diethyltryptamine (DET); (7) Dimethyltryptamine (DMT); (7.1) 5-Methoxy-diallyltryptamine; (8) 4-methyl-2,5-di methoxyamphetamine (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 Salvi a divinorum, whether growing or not, the seeds thereof, any extr act 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, derivativ e, mixture, or preparation of that plant, its seeds or e xtracts); (13) N-ethyl-3-piperidyl benzilate (JB 318);

(14) N-methyl-3-piperidyl benzilate; (14.1) N-hydroxy-3,4-methylenedio xyamphetamine (also known as N-hydroxy-alpha-methyl- 3,4(methylenedioxy)p henethylamine and N-hydroxy MDA); (15) Parahexyl; some trade or other names: 3-hex yl-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-dimethoxyamphetamin e (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; parameth oxyamphetamine; PMA); (22) (Bl ank); (23) Ethy lamine analog of phencyclidine. Some trade or other names: N-ethyl-1-phenylcyclohexylam ine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE; (24) Pyrrolidine analog of phencyclidine. Some trade or other na mes: 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 ana log of phencyclidine (some trad e or other names: 1-[1-(2-thienyl )-cyclohexyl]-piperidine; 2 -thienyl analog of phencyclidine; TPCP; TCP); (29.1) Benzot hiophene 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-ind olol; 5-hydroxy-N,N-dimethyltryptamine; N,N-dimethylserotonin; mappine); (31) (Blank);

(32) (Blank); (33) (Blank); (34) (Blank); (34.5) (Blank); (35) (6aR,10aR)-9-(hydroxymet hyl)-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 struc turally 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 napht hyl 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 struct urally derived from 3-(1-naphthoyl)pyr role by substitution at the nitrogen atom of the p yrrole ring by alkyl, haloalkyl, alkenyl, cycloalk ylmethyl, cycloalkylethyl, aryl halid e, 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 o r not substituted in the naphthyl ring to any extent. Examples of this structura l class include, but are not limited to, JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;

(44) Any compound st ructurally derived from 1-(1-naphthylmethyl)in dene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmeth yl, cycloalkylethyl, aryl halide, alkyl aryl halid e, 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 no t substituted in the naphthyl ring to any extent. Examples of this st ructural class include, but are not limited to, JWH-176; (45) Any compound stru cturally derived from 3-phenylacetylindole by subst itution at the nitrogen atom of the indole ring with alkyl , haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-met hyl-2-piperidinyl)methyl, or 2-( 4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent, whether or not substitu ted in the phenyl ring to any extent. Examples of this st ructural class include, but are not limited to, JWH-167, JWH-250, JW H-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, a ryl halide, alkyl aryl halide, 1-(N-me thyl-2-piperidinyl)methyl, or 2-(4-morph olinyl)ethyl, whether or not substituted in the cyc lohexyl ring to any extent. Examples of this structural cla ss include, but are not limited to, CP 47, 497 and its C8 homologue ( cannabicyclohexanol); (46.1) Any co mpound structurally derived from 3-(benzoyl ) indole with substitution at the nitrogen atom of the ind ole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmet hyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholiny l)ethyl group whether or not further substituted in the indole ri ng to any extent and whether or not substituted in the phen yl ring to any extent. Examples of this structural class include, but are not limited to, AM-630, AM-2233, AM-694, Prav adoline (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 nam es: 2C-T-7; (53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some trade or other names: 2C-E; (53.2) 2,5-dimethoxy-4-methy lphenethylamine. Some trade or other names: 2C-D;

(53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some trade or other names: 2 C-C; (53 .4) 4-iodo-2,5-dimethoxyphenethy lamine. Some trade or other names: 2C-I; (53.5) 4-et hylthio-2,5-dimethoxyphenethylamine. S ome 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)-propylphenethylam ine. Some trade or other names: 2C-P; (53.10) 2,5-dimethoxy-3,4-dimethylphenethyla mine. 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) in cluding, 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-cycl opropoylindole with substitution at the nitrogen atom of the ind ole 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 an y extent: including, but not limited to, XLR11, UR144, FUB-144; (60) 3-adamant oylindole 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-mor pholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted o n the adamantyl ring to any extent: including, but not limited to, AB-001;

(61) N-(adamantyl)-indole-3-carboxamide with subst itution at the nitrogen atom of the indole ring by alkyl, haloalkyl, al kenyl, cycloalkylmethyl, cycloalkylethyl, aryl ha lide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not furt her substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent: i ncluding, but not limited to, APICA/2NE-1, STS-135; (62) N-(adamantyl)-indazo le-3-carboxamide with substitution at a nitrogen atom of th e indazole ring by alkyl, haloalkyl, alkenyl, cyc loalkylmethyl, cycloalkylethyl, aryl halide, alky l 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 substitu ted on the adamantyl ring to any extent: incl uding, but not limited to, AKB48, 5F-AKB48;

(63) 1H-indole-3-carboxylic acid 8-quinolinyl ester with substitution a t the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkyle thyl, 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 substitut ed on the quinoline ring to any extent: inclu ding, but not limited to, PB22, 5F-PB22, FU B-PB-22; (64) 3-(1-naphthoyl)indazole with substitution at the nitrogen atom of the indazole ring by alkyl, haloalkyl, alke nyl, cycloalkylmethyl, cycloalkylethyl, aryl hali de, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the inda zole 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-naphthoy l)benzimidazole with substitution at the nitrogen atom of the benzimida zole ring by alkyl, haloalkyl, alkenyl, cycloalky lmethyl, 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 ext ent, 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 nitr ogen 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-morp holinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, AB-PINACA, AB-F UBINACA, AB-CHMINACA; (67) N-(1-amino-3,3-dimethyl-1-o xobutan-2-yl)-1H- indazole-3-carboxamide with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalk ylmethyl, c ycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substitute d 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 substitutio n on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloal kylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indo le ring to any extent: including, but not limited to, AD BICA, 5F-ADBICA;

(69) N-(1-amino-3-methyl-1-oxobut an-2-yl)-1H-indole- 3-carboxamide w ith substitution on the nitrogen atom of the indole rin g 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- methylbut anoate with substitution on the nitrogen atom of the indazole ring by a lkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalky lethyl, 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-A MB; (71) M ethyl 2-(1H-indazole-3-carboxamido) -3,3- dimethylbutanoate with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmeth yl, 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-flu oro-MDMB-PINACA, MDMB-FUBINACA ; (72) Methyl 2-( 1H-indole-3-carboxamido)-3- methylbutan oate 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 furt her substituted on the indazole ring to any extent: inclu ding, but not limited to, MMB018, MMB2201, and AMB-CHMICA; (73) Meth yl 2-(1H-indole-3-carboxamido)-3,3- dimethylbutanoate with substitution on the nitrogen atom of the indo le ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)met hyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited t o, 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, cycloalkyl methyl, 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 ex tent: including, but not limited to, APP-CH MINACA, 5-fluoro-APP-PINACA; (75) N-(1-Amino-1-oxo -3-phenylpropan-2-yl)-1H-indole- 3-carboxamide with substitution on the nitrog en atom of the indole ring by alkyl, haloalkyl, alkenyl, cycl oalkylmethyl, 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: includi ng, but not limited to, APP-PICA and 5-fluoro-APP-PICA; (76) 4-Acetoxy-N,N-dimethyltryptamine: trade name 4-AcO-DMT; (77) 5-Metho xy-N-methyl-N-isopropyltryptamine: trade name 5-MeO-MIPT; (78) 4-hydroxy Diethyltryptamine (4-HO-DET);

(79) 4-hydroxy-N-methyl-N-ethylt ryptamine (4-HO-MET); (80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); (81) 4-hydroxy-N-methyl-N-i sopropyltryptamine (4-HO-MiPT); (82) Fluorophenylpiperazine; (83) Meth oxetamine; (84) 1-(Ethylamino)-2-phenylpropan-2-one (iso- ethcathinone). (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or pre paration 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 salt s 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 anothe r schedule, any material, compound, mixture, or prepara tion which contains any quantity of the following substances having a stimulant effect on the central nervous system, inclu ding its salts, isomers, and salts of isomers:

(1) Fenethylline; (2) N-ethylamphetamine;

(3) Aminorex (some other na mes: 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)-pr opiophenone; alpha-(methylamino)propiophen one; N-methylcathinone; methycathinone; Monom ethylpropion; UR 1431) and its salts, optical isomers, and salts of optical isomers; (5) Cathinone (s ome trade or other names: 2-aminopropioph enone; alpha-aminopropiophenone; 2-amino-1-phenyl-propanone; norephedro ne); (6) N,N-dimethylamphetamin e (also known as: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine); (7) (+ or -) cis-4-methylamino rex ((+ or -) cis- 4,5-dihydro-4-me thyl-4-5-phenyl-2-oxazolamine) ; (8) 3,4-Methylenedi oxypyrovalerone (MDPV);

(9) Halogenated amphetamines and methamphetamines - any compound derived from either amphetamine or methamphetamine through th e substitution of a halogen on the phenyl ring, including, b ut not limited to, 2-fluoroamphetamine, 3- fluoroamphetamine and 4-fluoro amphetamine; (10) A minopropylbenzofuran (APB): including 4-(2-Am inopropyl) 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-dihydrob enzofuran, 6-(2-Aminopropyl )-2,3-dihydrobenzofuran, and 7-(2- Aminopropyl)-2,3-dihydrobenzofuran; (12) Methylaminopropylbenzofu ran (MAPB): including 4-(2-methylami nopropyl) 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-phenylpropan amide (benzylfentanyl), its optical isomers, isomers, salts, and salts o f isomers; (2) N-[1(2-th ienyl) methyl-4-piperidyl]-N- phenylpropanamide (thenylfentanyl), its optical isom ers, salts, and salts of isomers. (h) Synthetic cathinones. Unless specifically excepte d, any chemical compound which is not approved by the United Stat es Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, not includi ng bupropion, structurally derived from 2-aminoprop an-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 wi th alkyl, alkylenedioxy, alkoxy, haloalkyl, hyd roxyl, 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-methyla mino-1-phenylbutan-1-one (buphed rone); or (3) by substitution at the 2-am ino 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, Ethcat hinone, and a-Pyrrolidinopropiophenone (a-PPP); or Any other synthetic cathi none which is not approved by the United States Food and Drug Administration or, if approved, is not disp ensed or possessed in accordance with State or federal law. (i) Synthetic cannabinoids or piperazines. Any synthetic cannabinoid or piperaz ine which is not approved by the United States Food and Dru g Administration or, if approved, which is not dispensed or possessed in accorda nce with State and federal law. (j) Unless specifically excepted or listed in another schedule, any chemical compound which is not approved by the Uni ted States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and is derived from the following structural classes and their salts: (1) Benzo diazepine class: A fused 1,4-diazepine and benzene ri ng structure with a phenyl connected to the 1,4-diazepine ring, with any substitution(s) or replacement(s) on the 1,4-diazepine or benzene ring, any substitution(s) on the phenyl ring, or any com bination thereof. Examples of this class include but are not l imited to: Clonazolam, Flualprazolam; or (2) Thienodiazepine class: A fused 1,4-diazepine and thiophene ring structure with a phenyl connected to the 1,4-di azepine ring, with any substitution(s) or replacement(s) on t he 1,4-diazepine or thiophene ring, any substitution(s) o n the phenyl ring, or any combination thereof. Examples of this class include but are not limited to: Etizolam. (Source: P.A. 103-245, eff. 1-1-24.) Sec tion 999. Effective date. This Act takes effect upon becoming law.