94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0107

 

Introduced 2/1/2005, by Sen. Dale A. Righter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/212   from Ch. 56 1/2, par. 1212
720 ILCS 570/216
720 ILCS 647/26 new
720 ILCS 647/35

    Amends the Illinois Controlled Substances Act. Provides that any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers is a Schedule V controlled substance. Amends the Methamphetamine Manufacturing Chemical Retail Sale Control Act. Provides that if any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers is dispensed, sold, or distributed in a pharmacy: (1) the compound, mixture, or preparation shall be dispensed, sold, or distributed only by a pharmacist or a pharmacy technician licensed under the Pharmacy Practice Act of 1987; and (2) any person purchasing, receiving, or otherwise acquiring the compound, mixture, or preparation shall produce a photo identification showing the date of birth of the person and shall sign a written log or receipt showing the date of the transaction, name of the person, and the amount of the compound, mixture, or preparation. Provides that a person may not purchase, receive, or otherwise acquire more than 9 grams of any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers within any 30-day period. Provides that an individual who violates these provisions is guilty of a Class 4 felony. Establishes exemptions. Effective immediately.


LRB094 07179 RLC 37334 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0107 LRB094 07179 RLC 37334 b

1     AN ACT concerning pseudoephedrine.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Controlled Substances Act is
5 amended by changing Sections 212 and 216 as follows:
 
6     (720 ILCS 570/212)  (from Ch. 56 1/2, par. 1212)
7     Sec. 212. (a) The controlled substances listed in this
8 section are included in Schedule V.
9     (b) Any compound, mixture, or preparation containing
10 limited quantities of any of the following narcotic drugs, or
11 their salts calculated as the free anhydrous base or alkaloid
12 which also contains one or more non-narcotic active medicinal
13 ingredients in sufficient proportion to confer upon the
14 compound, mixture, or preparation, valuable medicinal
15 qualities other than those possessed by the narcotic drug alone
16 as set forth below:
17         (1) not more than 200 milligrams of codeine, or any of
18     its salts, per 100 milliliters or per 100 grams;
19         (2) not more than 100 milligrams of dihydrocodeine; or
20     any of its salts, per 100 milliliters or per 100 grams;
21         (3) not more than 100 milligrams of ethylmorphine, or
22     any of its salts, per 100 milliliters or per 100 grams;
23         (4) not more than 2.5 milligrams of diphenoxylate and
24     not less than 25 micrograms of atropine sulfate per dosage
25     unit;
26         (5) not more than 100 milligrams of opium per 100
27     milliliters or per 100 grams;
28         (6) not more than 0.5 milligram of difenoxin (DEA Drug
29     Code No. 9618) and not less than 25 micrograms of atropine
30     sulfate per dosage unit.
31     (c) Buprenorphine.
32     (d) Pyrovalerone.

 

 

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1     (d-5) Any compound, mixture, or preparation containing any
2 detectable quantity of pseudoephedrine, its salts or optical
3 isomers, or salts of optical isomers.
4     (e) Any compound, mixture or preparation which contains any
5 quantity of any controlled substance when such compound,
6 mixture or preparation is not otherwise controlled in Schedules
7 I, II, III or IV.
8 (Source: P.A. 89-202, eff. 10-1-95.)
 
9     (720 ILCS 570/216)
10     Sec. 216. Ephedrine.
11     (a) The following drug products containing ephedrine, its
12 salts, optical isomers and salts of optical isomers shall be
13 exempt from the application of Sections 312 and 313 of this Act
14 if they: (i) may lawfully be sold over-the-counter without a
15 prescription under the Federal Food, Drug, and Cosmetic Act;
16 (ii) are labeled and marketed in a manner consistent with
17 Section 341.76 of Title 21 of the Code of Federal Regulations;
18 (iii) are manufactured and distributed for legitimate
19 medicinal use in a manner that reduces or eliminates the
20 likelihood of abuse; and (iv) are not marketed, advertised, or
21 labeled for the indications of stimulation, mental alertness,
22 weight loss, muscle enhancement, appetite control, or energy:
23         (1) Solid oral dosage forms, including soft gelatin
24     caplets, which are formulated pursuant to 21 CFR 341 or its
25     successor, and packaged in blister packs of not more than 2
26     tablets per blister.
27         (2) Anorectal preparations containing not more than 5%
28     ephedrine.
29     (b) The marketing, advertising, or labeling of any product
30 containing ephedrine, a salt of ephedrine, an optical isomer of
31 ephedrine, or a salt of an optical isomer of ephedrine, for the
32 indications of stimulation, mental alertness, weight loss,
33 appetite control, or energy, is prohibited. In determining
34 compliance with this requirement the Department may consider
35 the following factors:

 

 

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1         (1) The packaging of the drug product;
2         (2) The name and labeling of the product;
3         (3) The manner of distribution, advertising, and
4     promotion of the product;
5         (4) Verbal representations made concerning the
6     product;
7         (5) The duration, scope, and significance of abuse or
8     misuse of the particular product.
9     (c) A violation of this Section is a Class A misdemeanor. A
10 second or subsequent violation of this Section is a Class 4
11 felony.
12     (d) This Section does not apply to dietary supplements,
13 herbs, or other natural products, including concentrates or
14 extracts, which:
15         (1) are not otherwise prohibited by law; and
16         (2) may contain naturally occurring ephedrine,
17     ephedrine alkaloids, or pseudoephedrine, or their salts,
18     isomers, or salts of isomers, or a combination of these
19     substances, that:
20             (i) are contained in a matrix of organic material;
21         and
22             (ii) do not exceed 15% of the total weight of the
23         natural product.
24     (e) Notwithstanding any other provision of this Section to
25 the contrary, the sale and distribution of any compound,
26 mixture, or preparation containing any detectable quantity of
27 pseudoephedrine, its salts or optical isomers, or salts of
28 optical isomers shall be governed by Section 26 of the
29 Methamphetamine Manufacturing Chemical Retail Sale Control
30 Act.
31 (Source: P.A. 90-775, eff. 1-1-99.)
 
32     Section 10. The Methamphetamine Manufacturing Chemical
33 Retail Sale Control Act is amended by changing Section 35 and
34 by adding Section 26 as follows:
 

 

 

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1     (720 ILCS 647/26 new)
2     Sec. 26. Pseudoephedrine sales and distribution.
3     (a) If any compound, mixture, or preparation containing any
4 detectable quantity of pseudoephedrine, its salts or optical
5 isomers, or salts of optical isomers is dispensed, sold, or
6 distributed in a pharmacy:
7         (1) the compound, mixture, or preparation shall be
8     dispensed, sold, or distributed only by a pharmacist or a
9     pharmacy technician licensed under the Pharmacy Practice
10     Act of 1987; and
11         (2) any person purchasing, receiving, or otherwise
12     acquiring the compound, mixture, or preparation shall
13     produce a photo identification showing the date of birth of
14     the person and shall sign a written log or receipt showing
15     the date of the transaction, name of the person, and the
16     amount of the compound, mixture, or preparation.
17     (b) A person may not purchase, receive, or otherwise
18 acquire more than 9 grams of any compound, mixture, or
19 preparation containing any detectable quantity of
20 pseudoephedrine, its salts or optical isomers, or salts of
21 optical isomers within any 30-day period.
22     (c) Subsections (a) and (b) of this Section do not apply to
23 any compound, mixture, or preparation containing any
24 detectable quantity of pseudoephedrine, its salts or optical
25 isomers, or salts of optical isomers that are in liquid, liquid
26 capsule, or gel capsule form if pseudoephedrine is not the only
27 active ingredient.
28     (d) The Secretary of Human Services, after consultation
29 with the Director of State Police, may exempt by rule other
30 compounds, mixtures, or preparations containing any detectable
31 quantity of pseudoephedrine, its salts or optical isomers, or
32 salts of optical isomers from the requirements of this Section
33 which the Secretary finds are not used in the illegal
34 manufacture of methamphetamine or other controlled substances.
35 A manufacturer of a drug product containing any detectable
36 quantity of pseudoephedrine, its salts or optical isomers, or

 

 

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1 salts of optical isomers may apply for removal of the product
2 from the requirements of this Section if the product is
3 determined by the Secretary to have been formulated in such a
4 way as to effectively prevent the conversion of the active
5 ingredient into methamphetamine.
 
6     (720 ILCS 647/35)
7     Sec. 35. Violations.
8     (a) An individual who violates any provision of this Act,
9 other than Section 26, is guilty of a Class A misdemeanor for a
10 first offense and a Class 4 felony for a second or subsequent
11 offense. An individual who violates Section 26 of this Act is
12 guilty of a Class 4 felony.
13     (b) Except as provided in subsections (c) and (d) of this
14 Section, the owner and the operator of a retail distributor
15 that violates any provision of this Act are guilty of a
16 business offense and subject to a fine of:
17         (1) $500 for a first offense;
18         (2) $1,000 for a second offense occurring at the same
19     retail location as and within 3 years of the prior offense;
20     and
21         (3) $5,000 for a third or subsequent offense occurring
22     at the same retail location as and within 3 years of the
23     prior offenses.
24     (c) Any retail distributor that seeks to comply with
25 subsection (c) of Section 15 of this Act by installing
26 automated cash register prompts informing sales employees when
27 the two-package limit described in subsection (c) of Section 15
28 of this Act has been exceeded shall be subject to all of the
29 penalties described in subsection (b) of this Section except as
30 follows: The owner and the operator of a retail distributor
31 that violates subsection (b) or subsection (c) of Section 30 of
32 this Act are guilty of a business offense and subject to a fine
33 of:
34         (1) $100 for a first offense;
35         (2) $200 for a second offense occurring at the same

 

 

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1     retail location as and within 3 years of the prior offense;
2         (3) $500 for a third or subsequent offense occurring at
3     the same retail location as and within 3 years of the prior
4     offenses;
5         (4) $1,000 for a fourth offense occurring at the same
6     retail location as and within 3 years of the prior
7     offenses; and
8         (5) $5,000 for a fifth offense occurring at the same
9     retail location as and within 3 years of the prior
10     offenses.
11     (d) The owner and the operator of a retail distributor are
12 not liable for any violation of subsection (c) or subsection
13 (e) of Section 15 of this Act if and only if the owner and the
14 operator:
15         (1) strictly complied with subsections (a), (b), and
16     (d) of Section 15 of this Act, Sections 20 and 25 of this
17     Act, and subsection (a) of Section 30 of this Act;
18         (2) made a good-faith effort to ensure compliance with
19     subsections (c) and (e) of Section 15 of this Act;
20         (3) made a good-faith effort to comply with subsection
21     (b) and subsection (c) of Section 30 of this Act; and
22         (4) had no advance knowledge of the violation or
23     violations in question and did not act in reckless
24     disregard of the likelihood of such violation or
25     violations.
26 (Source: P.A. 93-1008, eff. 1-1-05.)
 
27     Section 99. Effective date. This Act takes effect upon
28 becoming law.