093_HB2843enr HB2843 Enrolled LRB093 06698 RLC 06832 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 2. The Criminal Code of 1961 is amended by 5 changing Section 21-1.5 as follows: 6 (720 ILCS 5/21-1.5) 7 Sec. 21-1.5. Anhydrous ammonia equipment, containers, 8 and facilities. 9 (a) It is unlawful for any person to tamper with 10 anhydrous ammonia equipment, containers, or storage 11 facilities. 12 (b) Tampering with anhydrous ammonia equipment, 13 containers, or storage facilities occurs when any person who 14 is not authorized by the owner of the anhydrous ammonia, 15 anhydrous ammonia equipment, storage containers, or storage 16 facilities transfers or attempts to transfer anhydrous 17 ammonia to another container, causes damage to the anhydrous 18 ammonia equipment, storage container, or storage facility, or 19 vents or attempts to vent anhydrous ammonia into the 20 environment. 21 (b-5) It is unlawful for any person to transport 22 anhydrous ammonia in a portable container if the container is 23 not a package authorized for anhydrous ammonia transportation 24 as defined in rules adopted under the Illinois Hazardous 25 Materials Transportation Act. For purposes of this 26 subsection (b-5), an authorized package includes a package 27 previously authorized under the Illinois Hazardous Materials 28 Transportation Act. 29 (b-10) For purposes of this Section: 30 "Anhydrous ammonia" means the compound defined in 31 paragraph (d) of Section 3 of the Illinois Fertilizer Act of HB2843 Enrolled -2- LRB093 06698 RLC 06832 b 1 1961. 2 "Anhydrous ammonia equipment", "anhydrous ammonia storage 3 containers", and "anhydrous ammonia storage facilities" are 4 defined in rules adopted under the Illinois Fertilizer Act of 5 1961. 6 (c) Sentence.
A violation of subsection (a) or (b) of7 this Section is a Class A misdemeanor.A violation of 8 subsection (b-5) ofthis Section is a Class 4 felony. 9 (Source: P.A. 91-402, eff. 1-1-00; 91-889, eff. 1-1-01; 10 92-16, eff. 6-28-01.) 11 Section 5. The Illinois Controlled Substances Act is 12 amended by changing Section 102 and adding Section 405.3 as 13 follows: 14 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) 15 Sec. 102. Definitions. As used in this Act, unless the 16 context otherwise requires: 17 (a) "Addict" means any person who habitually uses any 18 drug, chemical, substance or dangerous drug other than 19 alcohol so as to endanger the public morals, health, safety 20 or welfare or who is so far addicted to the use of a 21 dangerous drug or controlled substance other than alcohol as 22 to have lost the power of self control with reference to his 23 addiction. 24 (b) "Administer" means the direct application of a 25 controlled substance, whether by injection, inhalation, 26 ingestion, or any other means, to the body of a patient or 27 research subject by: 28 (1) a practitioner (or, in his presence, by his 29 authorized agent), or 30 (2) the patient or research subject at the lawful 31 direction of the practitioner. 32 (c) "Agent" means an authorized person who acts on HB2843 Enrolled -3- LRB093 06698 RLC 06832 b 1 behalf of or at the direction of a manufacturer, distributor, 2 or dispenser. It does not include a common or contract 3 carrier, public warehouseman or employee of the carrier or 4 warehouseman. 5 (c-1) "Anabolic Steroids" means any drug or hormonal 6 substance, chemically and pharmacologically related to 7 testosterone (other than estrogens, progestins, and 8 corticosteroids) that promotes muscle growth, and includes: 9 (i) boldenone, 10 (ii) chlorotestosterone, 11 (iii) chostebol, 12 (iv) dehydrochlormethyltestosterone, 13 (v) dihydrotestosterone, 14 (vi) drostanolone, 15 (vii) ethylestrenol, 16 (viii) fluoxymesterone, 17 (ix) formebulone, 18 (x) mesterolone, 19 (xi) methandienone, 20 (xii) methandranone, 21 (xiii) methandriol, 22 (xiv) methandrostenolone, 23 (xv) methenolone, 24 (xvi) methyltestosterone, 25 (xvii) mibolerone, 26 (xviii) nandrolone, 27 (xix) norethandrolone, 28 (xx) oxandrolone, 29 (xxi) oxymesterone, 30 (xxii) oxymetholone, 31 (xxiii) stanolone, 32 (xxiv) stanozolol, 33 (xxv) testolactone, 34 (xxvi) testosterone, HB2843 Enrolled -4- LRB093 06698 RLC 06832 b 1 (xxvii) trenbolone, and 2 (xxviii) any salt, ester, or isomer of a drug 3 or substance described or listed in this paragraph, 4 if that salt, ester, or isomer promotes muscle 5 growth. 6 Any person who is otherwise lawfully in possession of an 7 anabolic steroid, or who otherwise lawfully manufactures, 8 distributes, dispenses, delivers, or possesses with intent to 9 deliver an anabolic steroid, which anabolic steroid is 10 expressly intended for and lawfully allowed to be 11 administered through implants to livestock or other nonhuman 12 species, and which is approved by the Secretary of Health and 13 Human Services for such administration, and which the person 14 intends to administer or have administered through such 15 implants, shall not be considered to be in unauthorized 16 possession or to unlawfully manufacture, distribute, 17 dispense, deliver, or possess with intent to deliver such 18 anabolic steroid for purposes of this Act. 19 (d) "Administration" means the Drug Enforcement 20 Administration, United States Department of Justice, or its 21 successor agency. 22 (e) "Control" means to add a drug or other substance, or 23 immediate precursor, to a Schedule under Article II of this 24 Act whether by transfer from another Schedule or otherwise. 25 (f) "Controlled Substance" means a drug, substance, or 26 immediate precursor in the Schedules of Article II of this 27 Act. 28 (g) "Counterfeit substance" means a controlled 29 substance, which, or the container or labeling of which, 30 without authorization bears the trademark, trade name, or 31 other identifying mark, imprint, number or device, or any 32 likeness thereof, of a manufacturer, distributor, or 33 dispenser other than the person who in fact manufactured, 34 distributed, or dispensed the substance. HB2843 Enrolled -5- LRB093 06698 RLC 06832 b 1 (h) "Deliver" or "delivery" means the actual, 2 constructive or attempted transfer of possession of a 3 controlled substance, with or without consideration, whether 4 or not there is an agency relationship. 5 (i) "Department" means the Illinois Department of Human 6 Services (as successor to the Department of Alcoholism and 7 Substance Abuse) or its successor agency. 8 (j) "Department of State Police" means the Department of 9 State Police of the State of Illinois or its successor 10 agency. 11 (k) "Department of Corrections" means the Department of 12 Corrections of the State of Illinois or its successor agency. 13 (l) "Department of Professional Regulation" means the 14 Department of Professional Regulation of the State of 15 Illinois or its successor agency. 16 (m) "Depressant" or "stimulant substance" means: 17 (1) a drug which contains any quantity of (i) 18 barbituric acid or any of the salts of barbituric acid 19 which has been designated as habit forming under section 20 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 21 U.S.C. 352 (d)); or 22 (2) a drug which contains any quantity of (i) 23 amphetamine or methamphetamine and any of their optical 24 isomers; (ii) any salt of amphetamine or methamphetamine 25 or any salt of an optical isomer of amphetamine; or (iii) 26 any substance which the Department, after investigation, 27 has found to be, and by rule designated as, habit forming 28 because of its depressant or stimulant effect on the 29 central nervous system; or 30 (3) lysergic acid diethylamide; or 31 (4) any drug which contains any quantity of a 32 substance which the Department, after investigation, has 33 found to have, and by rule designated as having, a 34 potential for abuse because of its depressant or HB2843 Enrolled -6- LRB093 06698 RLC 06832 b 1 stimulant effect on the central nervous system or its 2 hallucinogenic effect. 3 (n) (Blank). 4 (o) "Director" means the Director of the Department of 5 State Police or the Department of Professional Regulation or 6 his designated agents. 7 (p) "Dispense" means to deliver a controlled substance 8 to an ultimate user or research subject by or pursuant to the 9 lawful order of a prescriber, including the prescribing, 10 administering, packaging, labeling, or compounding necessary 11 to prepare the substance for that delivery. 12 (q) "Dispenser" means a practitioner who dispenses. 13 (r) "Distribute" means to deliver, other than by 14 administering or dispensing, a controlled substance. 15 (s) "Distributor" means a person who distributes. 16 (t) "Drug" means (1) substances recognized as drugs in 17 the official United States Pharmacopoeia, Official 18 Homeopathic Pharmacopoeia of the United States, or official 19 National Formulary, or any supplement to any of them; (2) 20 substances intended for use in diagnosis, cure, mitigation, 21 treatment, or prevention of disease in man or animals; (3) 22 substances (other than food) intended to affect the structure 23 of any function of the body of man or animals and (4) 24 substances intended for use as a component of any article 25 specified in clause (1), (2), or (3) of this subsection. It 26 does not include devices or their components, parts, or 27 accessories. 28 (t-5) "Euthanasia agency" means an entity certified by 29 the Department of Professional Regulation for the purpose of 30 animal euthanasia that holds an animal control facility 31 license or animal shelter license under the Animal Welfare 32 Act. A euthanasia agency is authorized to purchase, store, 33 possess, and utilize Schedule II nonnarcotic and Schedule III 34 nonnarcotic drugs for the sole purpose of animal euthanasia. HB2843 Enrolled -7- LRB093 06698 RLC 06832 b 1 (u) "Good faith" means the prescribing or dispensing of 2 a controlled substance by a practitioner in the regular 3 course of professional treatment to or for any person who is 4 under his treatment for a pathology or condition other than 5 that individual's physical or psychological dependence upon 6 or addiction to a controlled substance, except as provided 7 herein: and application of the term to a pharmacist shall 8 mean the dispensing of a controlled substance pursuant to the 9 prescriber's order which in the professional judgment of the 10 pharmacist is lawful. The pharmacist shall be guided by 11 accepted professional standards including, but not limited to 12 the following, in making the judgment: 13 (1) lack of consistency of doctor-patient 14 relationship, 15 (2) frequency of prescriptions for same drug by one 16 prescriber for large numbers of patients, 17 (3) quantities beyond those normally prescribed, 18 (4) unusual dosages, 19 (5) unusual geographic distances between patient, 20 pharmacist and prescriber, 21 (6) consistent prescribing of habit-forming drugs. 22 (u-1) "Home infusion services" means services provided 23 by a pharmacy in compounding solutions for direct 24 administration to a patient in a private residence, long-term 25 care facility, or hospice setting by means of parenteral, 26 intravenous, intramuscular, subcutaneous, or intraspinal 27 infusion. 28 (v) "Immediate precursor" means a substance: 29 (1) which the Department has found to be and by 30 rule designated as being a principal compound used, or 31 produced primarily for use, in the manufacture of a 32 controlled substance; 33 (2) which is an immediate chemical intermediary 34 used or likely to be used in the manufacture of such HB2843 Enrolled -8- LRB093 06698 RLC 06832 b 1 controlled substance; and 2 (3) the control of which is necessary to prevent, 3 curtail or limit the manufacture of such controlled 4 substance. 5 (w) "Instructional activities" means the acts of 6 teaching, educating or instructing by practitioners using 7 controlled substances within educational facilities approved 8 by the State Board of Education or its successor agency. 9 (x) "Local authorities" means a duly organized State, 10 County or Municipal peace unit or police force. 11 (y) "Look-alike substance" means a substance, other than 12 a controlled substance which (1) by overall dosage unit 13 appearance, including shape, color, size, markings or lack 14 thereof, taste, consistency, or any other identifying 15 physical characteristic of the substance, would lead a 16 reasonable person to believe that the substance is a 17 controlled substance, or (2) is expressly or impliedly 18 represented to be a controlled substance or is distributed 19 under circumstances which would lead a reasonable person to 20 believe that the substance is a controlled substance. For the 21 purpose of determining whether the representations made or 22 the circumstances of the distribution would lead a reasonable 23 person to believe the substance to be a controlled substance 24 under this clause (2) of subsection (y), the court or other 25 authority may consider the following factors in addition to 26 any other factor that may be relevant: 27 (a) statements made by the owner or person in 28 control of the substance concerning its nature, use or 29 effect; 30 (b) statements made to the buyer or recipient that 31 the substance may be resold for profit; 32 (c) whether the substance is packaged in a manner 33 normally used for the illegal distribution of controlled 34 substances; HB2843 Enrolled -9- LRB093 06698 RLC 06832 b 1 (d) whether the distribution or attempted 2 distribution included an exchange of or demand for money 3 or other property as consideration, and whether the 4 amount of the consideration was substantially greater 5 than the reasonable retail market value of the substance. 6 Clause (1) of this subsection (y) shall not apply to a 7 noncontrolled substance in its finished dosage form that was 8 initially introduced into commerce prior to the initial 9 introduction into commerce of a controlled substance in its 10 finished dosage form which it may substantially resemble. 11 Nothing in this subsection (y) prohibits the dispensing 12 or distributing of noncontrolled substances by persons 13 authorized to dispense and distribute controlled substances 14 under this Act, provided that such action would be deemed to 15 be carried out in good faith under subsection (u) if the 16 substances involved were controlled substances. 17 Nothing in this subsection (y) or in this Act prohibits 18 the manufacture, preparation, propagation, compounding, 19 processing, packaging, advertising or distribution of a drug 20 or drugs by any person registered pursuant to Section 510 of 21 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). 22 (y-1) "Mail-order pharmacy" means a pharmacy that is 23 located in a state of the United States, other than Illinois, 24 that delivers, dispenses or distributes, through the United 25 States Postal Service or other common carrier, to Illinois 26 residents, any substance which requires a prescription. 27 (z) "Manufacture" means the production, preparation, 28 propagation, compounding, conversion or processing of a 29 controlled substance, either directly or indirectly, by 30 extraction from substances of natural origin, or 31 independently by means of chemical synthesis, or by a 32 combination of extraction and chemical synthesis, and 33 includes any packaging or repackaging of the substance or 34 labeling of its container, except that this term does not HB2843 Enrolled -10- LRB093 06698 RLC 06832 b 1 include: 2 (1) by an ultimate user, the preparation or 3 compounding of a controlled substance for his own use; or 4 (2) by a practitioner, or his authorized agent 5 under his supervision, the preparation, compounding, 6 packaging, or labeling of a controlled substance: 7 (a) as an incident to his administering or 8 dispensing of a controlled substance in the course 9 of his professional practice; or 10 (b) as an incident to lawful research, 11 teaching or chemical analysis and not for sale. 12 (z-1) "Methamphetamine manufacturing chemical" means any 13 of the following chemicals or substances containing any of 14 the following chemicals: benzyl methyl ketone, ephedrine, 15 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or16 pseudoephedrine, or red phosphorous or any of the salts, 17 optical isomers, or salts of optical isomers of the 18 above-listed chemicals. 19 (aa) "Narcotic drug" means any of the following, whether 20 produced directly or indirectly by extraction from substances 21 of natural origin, or independently by means of chemical 22 synthesis, or by a combination of extraction and chemical 23 synthesis: 24 (1) opium and opiate, and any salt, compound, 25 derivative, or preparation of opium or opiate; 26 (2) any salt, compound, isomer, derivative, or 27 preparation thereof which is chemically equivalent or 28 identical with any of the substances referred to in 29 clause (1), but not including the isoquinoline alkaloids 30 of opium; 31 (3) opium poppy and poppy straw; 32 (4) coca leaves and any salts, compound, isomer, 33 salt of an isomer, derivative, or preparation of coca 34 leaves including cocaine or ecgonine, and any salt, HB2843 Enrolled -11- LRB093 06698 RLC 06832 b 1 compound, isomer, derivative, or preparation thereof 2 which is chemically equivalent or identical with any of 3 these substances, but not including decocainized coca 4 leaves or extractions of coca leaves which do not contain 5 cocaine or ecgonine (for the purpose of this paragraph, 6 the term "isomer" includes optical, positional and 7 geometric isomers). 8 (bb) "Nurse" means a registered nurse licensed under the 9 Nursing and Advanced Practice Nursing Act. 10 (cc) (Blank). 11 (dd) "Opiate" means any substance having an addiction 12 forming or addiction sustaining liability similar to morphine 13 or being capable of conversion into a drug having addiction 14 forming or addiction sustaining liability. 15 (ee) "Opium poppy" means the plant of the species 16 Papaver somniferum L., except its seeds. 17 (ff) "Parole and Pardon Board" means the Parole and 18 Pardon Board of the State of Illinois or its successor 19 agency. 20 (gg) "Person" means any individual, corporation, 21 mail-order pharmacy, government or governmental subdivision 22 or agency, business trust, estate, trust, partnership or 23 association, or any other entity. 24 (hh) "Pharmacist" means any person who holds a 25 certificate of registration as a registered pharmacist, a 26 local registered pharmacist or a registered assistant 27 pharmacist under the Pharmacy Practice Act of 1987. 28 (ii) "Pharmacy" means any store, ship or other place in 29 which pharmacy is authorized to be practiced under the 30 Pharmacy Practice Act of 1987. 31 (jj) "Poppy straw" means all parts, except the seeds, of 32 the opium poppy, after mowing. 33 (kk) "Practitioner" means a physician licensed to 34 practice medicine in all its branches, dentist, podiatrist, HB2843 Enrolled -12- LRB093 06698 RLC 06832 b 1 veterinarian, scientific investigator, pharmacist, physician 2 assistant, advanced practice nurse, licensed practical nurse, 3 registered nurse, hospital, laboratory, or pharmacy, or other 4 person licensed, registered, or otherwise lawfully permitted 5 by the United States or this State to distribute, dispense, 6 conduct research with respect to, administer or use in 7 teaching or chemical analysis, a controlled substance in the 8 course of professional practice or research. 9 (ll) "Pre-printed prescription" means a written 10 prescription upon which the designated drug has been 11 indicated prior to the time of issuance. 12 (mm) "Prescriber" means a physician licensed to practice 13 medicine in all its branches, dentist, podiatrist or 14 veterinarian who issues a prescription, a physician assistant 15 who issues a prescription for a Schedule III, IV, or V 16 controlled substance in accordance with Section 303.05 and 17 the written guidelines required under Section 7.5 of the 18 Physician Assistant Practice Act of 1987, or an advanced 19 practice nurse with prescriptive authority in accordance with 20 Section 303.05 and a written collaborative agreement under 21 Sections 15-15 and 15-20 of the Nursing and Advanced Practice 22 Nursing Act. 23 (nn) "Prescription" means a lawful written, facsimile, 24 or verbal order of a physician licensed to practice medicine 25 in all its branches, dentist, podiatrist or veterinarian for 26 any controlled substance, of a physician assistant for a 27 Schedule III, IV, or V controlled substance in accordance 28 with Section 303.05 and the written guidelines required under 29 Section 7.5 of the Physician Assistant Practice Act of 1987, 30 or of an advanced practice nurse who issues a prescription 31 for a Schedule III, IV, or V controlled substance in 32 accordance with Section 303.05 and a written collaborative 33 agreement under Sections 15-15 and 15-20 of the Nursing and 34 Advanced Practice Nursing Act. HB2843 Enrolled -13- LRB093 06698 RLC 06832 b 1 (oo) "Production" or "produce" means manufacture, 2 planting, cultivating, growing, or harvesting of a controlled 3 substance. 4 (pp) "Registrant" means every person who is required to 5 register under Section 302 of this Act. 6 (qq) "Registry number" means the number assigned to each 7 person authorized to handle controlled substances under the 8 laws of the United States and of this State. 9 (rr) "State" includes the State of Illinois and any 10 state, district, commonwealth, territory, insular possession 11 thereof, and any area subject to the legal authority of the 12 United States of America. 13 (ss) "Ultimate user" means a person who lawfully 14 possesses a controlled substance for his own use or for the 15 use of a member of his household or for administering to an 16 animal owned by him or by a member of his household. 17 (Source: P.A. 91-403, eff. 1-1-00; 91-714, eff. 6-2-00; 18 92-449, eff. 1-1-02.) 19 (720 ILCS 570/405.3 new) 20 Sec. 405.3. Criminal synthetic drug manufacturing 21 conspiracy. 22 (a) A person commits criminal synthetic drug 23 manufacturing conspiracy when, with the intent that a 24 controlled substance be manufactured or produced in violation 25 of any provision of Section 401, 402, 406.1, or 407, he or 26 she aids in the manufacture or production of a synthetic 27 controlled substance. No person may be convicted of criminal 28 synthetic drug manufacturing conspiracy unless an act in 29 furtherance to aid in the manufacture or production of a 30 synthetic controlled substance is alleged and proved to have 31 been committed by the person or a co-conspirator. 32 (b) Aiding in the manufacture of a synthetic controlled 33 substance may be accomplished by: (1) providing HB2843 Enrolled -14- LRB093 06698 RLC 06832 b 1 methamphetamine manufacturing chemicals, precursors, 2 essential ingredients, or apparatus required to produce the 3 synthetic controlled substance; or (2) permitting the use of 4 any structure for the purpose of the manufacture of a 5 synthetic controlled substance. 6 (c) Apparatus required to manufacture the synthetic 7 controlled substance may include laboratory glassware and 8 apparatus or other common or household items used or modified 9 for use in the manufacture of the synthetic controlled 10 substance. 11 (d) In this Section, "structure" means any house, 12 apartment building, shop, barn, warehouse, building, vessel, 13 railroad car, cargo container, motor vehicle, housecar, 14 trailer, trailer coach, camper, mine, floating home, 15 watercraft, any structure capable of holding a clandestine 16 laboratory or any real property. 17 (e) It is not a defense to conspiracy that the person or 18 persons with whom the accused is alleged to have conspired: 19 (1) have not been prosecuted or convicted; or 20 (2) have been convicted of a different offense; or 21 (3) are not amenable to justice; or 22 (4) have been acquitted; or 23 (5) lacked the capacity to commit the offense. 24 (f) Sentence. A person convicted of criminal synthetic 25 drug manufacturing conspiracy may be fined or imprisoned or 26 both, but any fines or term of imprisonment imposed may not 27 be less than the minimum nor more than the maximum provided 28 for the offense that is the object of the conspiracy. 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.