HB2917 EngrossedLRB097 06471 RLC 50343 b

1    AN ACT concerning controlled substances.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Sections 100, 102, 201, 202, 203, 204, 205,
6206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 303.05,
7303.1, 304, 305, 306, 309, 312, 313, 316, 317, 318, 319, 320,
8405, 405.1, 406, 408, 410, 411.2, 413, 501, 501.1, 503, 504,
9505, 507, and 510 and by adding Sections 311.5, 314.5, and
10507.2 as follows:
 
11    (720 ILCS 570/100)  (from Ch. 56 1/2, par. 1100)
12    Sec. 100. Legislative intent. It is the intent of the
13General Assembly, recognizing the rising incidence in the abuse
14of drugs and other dangerous substances and its resultant
15damage to the peace, health, and welfare of the citizens of
16Illinois, to provide a system of control over the distribution
17and use of controlled substances which will more effectively:
18(1) limit access of such substances only to those persons who
19have demonstrated an appropriate sense of responsibility and
20have a lawful and legitimate reason to possess them; (2) deter
21the unlawful and destructive abuse of controlled substances;
22(3) penalize most heavily the illicit traffickers or profiteers
23of controlled substances, who propagate and perpetuate the

 

 

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1abuse of such substances with reckless disregard for its
2consumptive consequences upon every element of society; (4)
3acknowledge the functional and consequential differences
4between the various types of controlled substances and provide
5for correspondingly different degrees of control over each of
6the various types; (5) unify where feasible and codify the
7efforts of this State to conform with the regulatory systems of
8the Federal government and other states to establish national
9coordination of efforts to control the abuse of controlled
10substances; and (6) provide law enforcement authorities with
11the necessary resources to make this system efficacious.
12    It is not the intent of the General Assembly to treat the
13unlawful user or occasional petty distributor of controlled
14substances with the same severity as the large-scale, unlawful
15purveyors and traffickers of controlled substances. However,
16it is recognized that persons who violate this Act with respect
17to the manufacture, delivery, possession with intent to
18deliver, or possession of more than one type of controlled
19substance listed herein may accordingly receive multiple
20convictions and sentences under each Section of this Act. To
21this end, guidelines have been provided, along with a wide
22latitude in sentencing discretion, to enable the sentencing
23court to order penalties in each case which are appropriate for
24the purposes of this Act.
25(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
 

 

 

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1    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
2    Sec. 102. Definitions. As used in this Act, unless the
3context otherwise requires:
4    (a) "Addict" means any person who habitually uses any drug,
5chemical, substance or dangerous drug other than alcohol so as
6to endanger the public morals, health, safety or welfare or who
7is so far addicted to the use of a dangerous drug or controlled
8substance other than alcohol as to have lost the power of self
9control with reference to his or her addiction.
10    (b) "Administer" means the direct application of a
11controlled substance, whether by injection, inhalation,
12ingestion, or any other means, to the body of a patient,
13research subject, or animal (as defined by the Humane
14Euthanasia in Animal Shelters Act) by:
15        (1) a practitioner (or, in his or her presence, by his
16    or her authorized agent),
17        (2) the patient or research subject pursuant to an
18    order at the lawful direction of the practitioner, or
19        (3) a euthanasia technician as defined by the Humane
20    Euthanasia in Animal Shelters Act.
21    (c) "Agent" means an authorized person who acts on behalf
22of or at the direction of a manufacturer, distributor, or
23dispenser, prescriber, or practitioner. It does not include a
24common or contract carrier, public warehouseman or employee of
25the carrier or warehouseman.
26    (c-1) "Anabolic Steroids" means any drug or hormonal

 

 

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1substance, chemically and pharmacologically related to
2testosterone (other than estrogens, progestins, and
3corticosteroids, and dehydroepiandrosterone) that promotes
4muscle growth, and includes:
5    (i) 3[beta],17-dihydroxy-5a-androstane, 
6    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
7    (iii) 5[alpha]-androstan-3,17-dione, 
8    (iv) 1-androstenediol (3[beta], 
9        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
10    (v) 1-androstenediol (3[alpha], 
11        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
12    (vi) 4-androstenediol  
13        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
14    (vii) 5-androstenediol  
15        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
16    (viii) 1-androstenedione  
17        ([5alpha]-androst-1-en-3,17-dione), 
18    (ix) 4-androstenedione  
19        (androst-4-en-3,17-dione), 
20    (x) 5-androstenedione  
21        (androst-5-en-3,17-dione), 
22    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
23        hydroxyandrost-4-en-3-one), 
24    (xii) boldenone (17[beta]-hydroxyandrost- 
25        1,4,-diene-3-one), 
26    (xiii) boldione (androsta-1,4- 

 

 

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1        diene-3,17-dione), 
2    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
3        [beta]-hydroxyandrost-4-en-3-one), 
4    (xv) clostebol (4-chloro-17[beta]- 
5        hydroxyandrost-4-en-3-one), 
6    (xvi) dehydrochloromethyltestosterone (4-chloro- 
7        17[beta]-hydroxy-17[alpha]-methyl- 
8        androst-1,4-dien-3-one), 
9    (xvii) desoxymethyltestosterone 
10    (17[alpha]-methyl-5[alpha] 
11        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
12    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
13        '1-testosterone') (17[beta]-hydroxy- 
14        5[alpha]-androst-1-en-3-one), 
15    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
16        androstan-3-one), 
17    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
18        5[alpha]-androstan-3-one), 
19    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
20        hydroxyestr-4-ene), 
21    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
22        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
23    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
24        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
25    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
26        hydroxyandrostano[2,3-c]-furazan), 

 

 

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1    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
2    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
3        androst-4-en-3-one), 
4    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
5        dihydroxy-estr-4-en-3-one), 
6    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
7        hydroxy-5-androstan-3-one), 
8    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
9        [5a]-androstan-3-one), 
10    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
11        hydroxyandrost-1,4-dien-3-one), 
12    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
13        dihydroxyandrost-5-ene), 
14    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
15        5[alpha]-androst-1-en-3-one), 
16    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
17        dihydroxy-5a-androstane), 
18    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
19        -5a-androstane), 
20    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
21        dihydroxyandrost-4-ene), 
22    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
23        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
24    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
25        hydroxyestra-4,9(10)-dien-3-one), 
26    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 

 

 

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1        hydroxyestra-4,9-11-trien-3-one), 
2    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
3        hydroxyandrost-4-en-3-one), 
4    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
5        hydroxyestr-4-en-3-one), 
6    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
7        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
8        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
9        1-testosterone'), 
10    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
11    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
12        dihydroxyestr-4-ene), 
13    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
14        dihydroxyestr-4-ene), 
15    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
16        dihydroxyestr-5-ene), 
17    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
18        dihydroxyestr-5-ene), 
19    (xlvii) 19-nor-4,9(10)-androstadienedione  
20        (estra-4,9(10)-diene-3,17-dione), 
21    (xlviii) 19-nor-4-androstenedione (estr-4- 
22        en-3,17-dione), 
23    (xlix) 19-nor-5-androstenedione (estr-5- 
24        en-3,17-dione), 
25    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
26        hydroxygon-4-en-3-one), 

 

 

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1    (li) norclostebol (4-chloro-17[beta]- 
2        hydroxyestr-4-en-3-one), 
3    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
4        hydroxyestr-4-en-3-one), 
5    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
6        hydroxyestr-4-en-3-one), 
7    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
8        2-oxa-5[alpha]-androstan-3-one), 
9    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
10        dihydroxyandrost-4-en-3-one), 
11    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
12        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
13    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
14        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
15    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
16        (5[alpha]-androst-1-en-3-one), 
17    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
18        secoandrosta-1,4-dien-17- 
19        oic acid lactone), 
20    (lx) testosterone (17[beta]-hydroxyandrost- 
21        4-en-3-one), 
22    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
23        diethyl-17[beta]-hydroxygon- 
24        4,9,11-trien-3-one), 
25    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
26        11-trien-3-one). 

 

 

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1        (i) boldenone,
2        (ii) chlorotestosterone,
3        (iii) chostebol,
4        (iv) dehydrochlormethyltestosterone,
5        (v) dihydrotestosterone,
6        (vi) drostanolone,
7        (vii) ethylestrenol,
8        (viii) fluoxymesterone,
9        (ix) formebulone,
10        (x) mesterolone,
11        (xi) methandienone,
12        (xii) methandranone,
13        (xiii) methandriol,
14        (xiv) methandrostenolone,
15        (xv) methenolone,
16        (xvi) methyltestosterone,
17        (xvii) mibolerone,
18        (xviii) nandrolone,
19        (xix) norethandrolone,
20        (xx) oxandrolone,
21        (xxi) oxymesterone,
22        (xxii) oxymetholone,
23        (xxiii) stanolone,
24        (xxiv) stanozolol,
25        (xxv) testolactone,
26        (xxvi) testosterone,

 

 

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1        (xxvii) trenbolone, and
2        (xxviii) any salt, ester, or isomer of a drug or
3    substance described or listed in this paragraph, if that
4    salt, ester, or isomer promotes muscle growth.
5    Any person who is otherwise lawfully in possession of an
6anabolic steroid, or who otherwise lawfully manufactures,
7distributes, dispenses, delivers, or possesses with intent to
8deliver an anabolic steroid, which anabolic steroid is
9expressly intended for and lawfully allowed to be administered
10through implants to livestock or other nonhuman species, and
11which is approved by the Secretary of Health and Human Services
12for such administration, and which the person intends to
13administer or have administered through such implants, shall
14not be considered to be in unauthorized possession or to
15unlawfully manufacture, distribute, dispense, deliver, or
16possess with intent to deliver such anabolic steroid for
17purposes of this Act.
18    (d) "Administration" means the Drug Enforcement
19Administration, United States Department of Justice, or its
20successor agency.
21    (d-5) "Clinical Director, Prescription Monitoring Program"
22means a Department of Human Services administrative employee
23licensed to either prescribe or dispense controlled substances
24who shall run the clinical aspects of the Department of Human
25Services Prescription Monitoring Program and its Prescription
26Information Library.

 

 

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1    (d-10) "Compounding" means the preparation and mixing of
2components, excluding flavorings, (1) as the result of a
3prescriber's prescription drug order or initiative based on the
4prescriber-patient-pharmacist relationship in the course of
5professional practice or (2) for the purpose of, or incident
6to, research, teaching, or chemical analysis and not for sale
7or dispensing. "Compounding" includes the preparation of drugs
8or devices in anticipation of receiving prescription drug
9orders based on routine, regularly observed dispensing
10patterns. Commercially available products may be compounded
11for dispensing to individual patients only if both of the
12following conditions are met: (i) the commercial product is not
13reasonably available from normal distribution channels in a
14timely manner to meet the patient's needs and (ii) the
15prescribing practitioner has requested that the drug be
16compounded.
17    (e) "Control" means to add a drug or other substance, or
18immediate precursor, to a Schedule under Article II of this Act
19whether by transfer from another Schedule or otherwise.
20    (f) "Controlled Substance" means (i) a drug, substance, or
21immediate precursor in the Schedules of Article II of this Act
22or (ii) a drug or other substance, or immediate precursor,
23designated as a controlled substance by the Department through
24administrative rule. The term does not include distilled
25spirits, wine, malt beverages, or tobacco, as those terms are
26defined or used in the Liquor Control Act and the Tobacco

 

 

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1Products Tax Act.
2    (f-5) "Controlled substance analog" means a substance:
3        (1) the chemical structure of which is substantially
4    similar to the chemical structure of a controlled substance
5    in Schedule I or II;
6        (2) which has a stimulant, depressant, or
7    hallucinogenic effect on the central nervous system that is
8    substantially similar to or greater than the stimulant,
9    depressant, or hallucinogenic effect on the central
10    nervous system of a controlled substance in Schedule I or
11    II; or
12        (3) with respect to a particular person, which such
13    person represents or intends to have a stimulant,
14    depressant, or hallucinogenic effect on the central
15    nervous system that is substantially similar to or greater
16    than the stimulant, depressant, or hallucinogenic effect
17    on the central nervous system of a controlled substance in
18    Schedule I or II.
19    (g) "Counterfeit substance" means a controlled substance,
20which, or the container or labeling of which, without
21authorization bears the trademark, trade name, or other
22identifying mark, imprint, number or device, or any likeness
23thereof, of a manufacturer, distributor, or dispenser other
24than the person who in fact manufactured, distributed, or
25dispensed the substance.
26    (h) "Deliver" or "delivery" means the actual, constructive

 

 

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1or attempted transfer of possession of a controlled substance,
2with or without consideration, whether or not there is an
3agency relationship.
4    (i) "Department" means the Illinois Department of Human
5Services (as successor to the Department of Alcoholism and
6Substance Abuse) or its successor agency.
7    (j) (Blank). "Department of State Police" means the
8Department of State Police of the State of Illinois or its
9successor agency.
10    (k) "Department of Corrections" means the Department of
11Corrections of the State of Illinois or its successor agency.
12    (l) "Department of Financial and Professional Regulation"
13means the Department of Financial and Professional Regulation
14of the State of Illinois or its successor agency.
15    (m) "Depressant" or "stimulant substance" means any drug
16that (i) causes an overall depression of central nervous system
17functions, (ii) causes impaired consciousness and awareness,
18and (iii) can be habit-forming or lead to a substance abuse
19problem, including but not limited to alcohol, cannabis and its
20active principles and their analogs, benzodiazepines and their
21analogs, barbiturates and their analogs, opioids (natural and
22synthetic) and their analogs, and chloral hydrate and similar
23sedative hypnotics. :
24        (1) a drug which contains any quantity of (i)
25    barbituric acid or any of the salts of barbituric acid
26    which has been designated as habit forming under section

 

 

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1    502 (d) of the Federal Food, Drug, and Cosmetic Act (21
2    U.S.C. 352 (d)); or
3        (2) a drug which contains any quantity of (i)
4    amphetamine or methamphetamine and any of their optical
5    isomers; (ii) any salt of amphetamine or methamphetamine or
6    any salt of an optical isomer of amphetamine; or (iii) any
7    substance which the Department, after investigation, has
8    found to be, and by rule designated as, habit forming
9    because of its depressant or stimulant effect on the
10    central nervous system; or
11        (3) lysergic acid diethylamide; or
12        (4) any drug which contains any quantity of a substance
13    which the Department, after investigation, has found to
14    have, and by rule designated as having, a potential for
15    abuse because of its depressant or stimulant effect on the
16    central nervous system or its hallucinogenic effect.
17    (n) (Blank).
18    (o) "Director" means the Director of the Illinois
19Department of State Police or the Department of Professional
20Regulation or his or her designated agents.
21    (p) "Dispense" means to deliver a controlled substance to
22an ultimate user or research subject by or pursuant to the
23lawful order of a prescriber, including the prescribing,
24administering, packaging, labeling, or compounding necessary
25to prepare the substance for that delivery.
26    (q) "Dispenser" means a practitioner who dispenses.

 

 

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1    (r) "Distribute" means to deliver, other than by
2administering or dispensing, a controlled substance.
3    (s) "Distributor" means a person who distributes.
4    (t) "Drug" means (1) substances recognized as drugs in the
5official United States Pharmacopoeia, Official Homeopathic
6Pharmacopoeia of the United States, or official National
7Formulary, or any supplement to any of them; (2) substances
8intended for use in diagnosis, cure, mitigation, treatment, or
9prevention of disease in man or animals; (3) substances (other
10than food) intended to affect the structure of any function of
11the body of man or animals and (4) substances intended for use
12as a component of any article specified in clause (1), (2), or
13(3) of this subsection. It does not include devices or their
14components, parts, or accessories.
15    (t-5) "Euthanasia agency" means an entity certified by the
16Department of Financial and Professional Regulation for the
17purpose of animal euthanasia that holds an animal control
18facility license or animal shelter license under the Animal
19Welfare Act. A euthanasia agency is authorized to purchase,
20store, possess, and utilize Schedule II nonnarcotic and
21Schedule III nonnarcotic drugs for the sole purpose of animal
22euthanasia.
23    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
24substances (nonnarcotic controlled substances) that are used
25by a euthanasia agency for the purpose of animal euthanasia.
26    (u) "Good faith" means the prescribing or dispensing of a

 

 

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1controlled substance by a practitioner in the regular course of
2professional treatment to or for any person who is under his or
3her treatment for a pathology or condition other than that
4individual's physical or psychological dependence upon or
5addiction to a controlled substance, except as provided herein:
6and application of the term to a pharmacist shall mean the
7dispensing of a controlled substance pursuant to the
8prescriber's order which in the professional judgment of the
9pharmacist is lawful. The pharmacist shall be guided by
10accepted professional standards including, but not limited to
11the following, in making the judgment:
12        (1) lack of consistency of prescriber-patient
13    doctor-patient relationship,
14        (2) frequency of prescriptions for same drug by one
15    prescriber for large numbers of patients,
16        (3) quantities beyond those normally prescribed,
17        (4) unusual dosages (recognizing that there may be
18    clinical circumstances where more or less than the usual
19    dose may be used legitimately),
20        (5) unusual geographic distances between patient,
21    pharmacist and prescriber,
22        (6) consistent prescribing of habit-forming drugs.
23    (u-0.5) "Hallucinogen" means a drug that causes markedly
24altered sensory perception leading to hallucinations of any
25type.
26    (u-1) "Home infusion services" means services provided by a

 

 

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1pharmacy in compounding solutions for direct administration to
2a patient in a private residence, long-term care facility, or
3hospice setting by means of parenteral, intravenous,
4intramuscular, subcutaneous, or intraspinal infusion.
5    (u-5) "Illinois State Police" means the State Police of the
6State of Illinois, or its successor agency.
7    (v) "Immediate precursor" means a substance:
8        (1) which the Department has found to be and by rule
9    designated as being a principal compound used, or produced
10    primarily for use, in the manufacture of a controlled
11    substance;
12        (2) which is an immediate chemical intermediary used or
13    likely to be used in the manufacture of such controlled
14    substance; and
15        (3) the control of which is necessary to prevent,
16    curtail or limit the manufacture of such controlled
17    substance.
18    (w) "Instructional activities" means the acts of teaching,
19educating or instructing by practitioners using controlled
20substances within educational facilities approved by the State
21Board of Education or its successor agency.
22    (x) "Local authorities" means a duly organized State,
23County or Municipal peace unit or police force.
24    (y) "Look-alike substance" means a substance, other than a
25controlled substance which (1) by overall dosage unit
26appearance, including shape, color, size, markings or lack

 

 

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1thereof, taste, consistency, or any other identifying physical
2characteristic of the substance, would lead a reasonable person
3to believe that the substance is a controlled substance, or (2)
4is expressly or impliedly represented to be a controlled
5substance or is distributed under circumstances which would
6lead a reasonable person to believe that the substance is a
7controlled substance. For the purpose of determining whether
8the representations made or the circumstances of the
9distribution would lead a reasonable person to believe the
10substance to be a controlled substance under this clause (2) of
11subsection (y), the court or other authority may consider the
12following factors in addition to any other factor that may be
13relevant:
14        (a) statements made by the owner or person in control
15    of the substance concerning its nature, use or effect;
16        (b) statements made to the buyer or recipient that the
17    substance may be resold for profit;
18        (c) whether the substance is packaged in a manner
19    normally used for the illegal distribution of controlled
20    substances;
21        (d) whether the distribution or attempted distribution
22    included an exchange of or demand for money or other
23    property as consideration, and whether the amount of the
24    consideration was substantially greater than the
25    reasonable retail market value of the substance.
26    Clause (1) of this subsection (y) shall not apply to a

 

 

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1noncontrolled substance in its finished dosage form that was
2initially introduced into commerce prior to the initial
3introduction into commerce of a controlled substance in its
4finished dosage form which it may substantially resemble.
5    Nothing in this subsection (y) prohibits the dispensing or
6distributing of noncontrolled substances by persons authorized
7to dispense and distribute controlled substances under this
8Act, provided that such action would be deemed to be carried
9out in good faith under subsection (u) if the substances
10involved were controlled substances.
11    Nothing in this subsection (y) or in this Act prohibits the
12manufacture, preparation, propagation, compounding,
13processing, packaging, advertising or distribution of a drug or
14drugs by any person registered pursuant to Section 510 of the
15Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
16    (y-1) "Mail-order pharmacy" means a pharmacy that is
17located in a state of the United States, other than Illinois,
18that delivers, dispenses or distributes, through the United
19States Postal Service or other common carrier, to Illinois
20residents, any substance which requires a prescription.
21    (z) "Manufacture" means the production, preparation,
22propagation, compounding, conversion or processing of a
23controlled substance other than methamphetamine, either
24directly or indirectly, by extraction from substances of
25natural origin, or independently by means of chemical
26synthesis, or by a combination of extraction and chemical

 

 

HB2917 Engrossed- 20 -LRB097 06471 RLC 50343 b

1synthesis, and includes any packaging or repackaging of the
2substance or labeling of its container, except that this term
3does not include:
4        (1) by an ultimate user, the preparation or compounding
5    of a controlled substance for his or her own use; or
6        (2) by a practitioner, or his or her authorized agent
7    under his or her supervision, the preparation,
8    compounding, packaging, or labeling of a controlled
9    substance:
10            (a) as an incident to his or her administering or
11        dispensing of a controlled substance in the course of
12        his or her professional practice; or
13            (b) as an incident to lawful research, teaching or
14        chemical analysis and not for sale.
15    (z-1) (Blank).
16    (z-5) "Medication shopping" means the conduct prohibited
17under subsection (a) of Section 314.5 of this Act.
18    (z-10) "Mid-level practitioner" means (i) a physician
19assistant who has been delegated authority to prescribe through
20a written delegation of authority by a physician licensed to
21practice medicine in all of its branches, in accordance with
22Section 7.5 of the Physician Assistant Practice Act of 1987,
23(ii) an advanced practice nurse who has been delegated
24authority to prescribe through a written delegation of
25authority by a physician licensed to practice medicine in all
26of its branches or by a podiatrist, in accordance with Section

 

 

HB2917 Engrossed- 21 -LRB097 06471 RLC 50343 b

165-40 of the Nurse Practice Act, or (iii) an animal euthanasia
2agency.
3    (aa) "Narcotic drug" means any of the following, whether
4produced directly or indirectly by extraction from substances
5of vegetable natural origin, or independently by means of
6chemical synthesis, or by a combination of extraction and
7chemical synthesis:
8        (1) opium, opiates, derivatives of opium and opiates,
9    including their isomers, esters, ethers, salts, and salts
10    of isomers, esters, and ethers, whenever the existence of
11    such isomers, esters, ethers, and salts is possible within
12    the specific chemical designation; however the term
13    "narcotic drug" does not include the isoquinoline
14    alkaloids of opium and opiate, and any salt, compound,
15    derivative, or preparation of opium or opiate;
16        (2) (blank); any salt, compound, isomer, derivative,
17    or preparation thereof which is chemically equivalent or
18    identical with any of the substances referred to in clause
19    (1), but not including the isoquinoline alkaloids of opium;
20        (3) opium poppy and poppy straw;
21        (4) coca leaves, except coca leaves and extracts of
22    coca leaves from which substantially all of the cocaine and
23    ecgonine, and their isomers, derivatives and salts, have
24    been removed; and any salts, compound, isomer, salt of an
25    isomer, derivative, or preparation of coca leaves
26    including cocaine or ecgonine, and any salt, compound,

 

 

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1    isomer, derivative, or preparation thereof which is
2    chemically equivalent or identical with any of these
3    substances, but not including decocainized coca leaves or
4    extractions of coca leaves which do not contain cocaine or
5    ecgonine (for the purpose of this paragraph, the term
6    "isomer" includes optical, positional and geometric
7    isomers).
8        (5) cocaine, its salts, optical and geometric isomers,
9    and salts of isomers;
10        (6) ecgonine, its derivatives, their salts, isomers,
11    and salts of isomers;
12        (7) any compound, mixture, or preparation which
13    contains any quantity of any of the substances referred to
14    in subparagraphs (1) through (6).
15    (bb) "Nurse" means a registered nurse licensed under the
16Nurse Practice Act.
17    (cc) (Blank).
18    (dd) "Opiate" means any substance having an addiction
19forming or addiction sustaining liability similar to morphine
20or being capable of conversion into a drug having addiction
21forming or addiction sustaining liability.
22    (ee) "Opium poppy" means the plant of the species Papaver
23somniferum L., except its seeds.
24    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
25solution or other liquid form of medication intended for
26administration by mouth, but the term does not include a form

 

 

HB2917 Engrossed- 23 -LRB097 06471 RLC 50343 b

1of medication intended for buccal, sublingual, or transmucosal
2administration.
3    (ff) "Parole and Pardon Board" means the Parole and Pardon
4Board of the State of Illinois or its successor agency.
5    (gg) "Person" means any individual, corporation,
6mail-order pharmacy, government or governmental subdivision or
7agency, business trust, estate, trust, partnership or
8association, or any other entity.
9    (hh) "Pharmacist" means any person who holds a license or
10certificate of registration as a registered pharmacist, a local
11registered pharmacist or a registered assistant pharmacist
12under the Pharmacy Practice Act.
13    (ii) "Pharmacy" means any store, ship or other place in
14which pharmacy is authorized to be practiced under the Pharmacy
15Practice Act.
16    (ii-5) "Pharmacy shopping" means the conduct prohibited
17under subsection (b) of Section 314.5 of this Act.
18    (ii-10) "Physician" (except when the context otherwise
19requires) means a person licensed to practice medicine in all
20of its branches.
21    (jj) "Poppy straw" means all parts, except the seeds, of
22the opium poppy, after mowing.
23    (kk) "Practitioner" means a physician licensed to practice
24medicine in all its branches, dentist, optometrist,
25podiatrist, veterinarian, scientific investigator, pharmacist,
26physician assistant, advanced practice nurse, licensed

 

 

HB2917 Engrossed- 24 -LRB097 06471 RLC 50343 b

1practical nurse, registered nurse, hospital, laboratory, or
2pharmacy, or other person licensed, registered, or otherwise
3lawfully permitted by the United States or this State to
4distribute, dispense, conduct research with respect to,
5administer or use in teaching or chemical analysis, a
6controlled substance in the course of professional practice or
7research.
8    (ll) "Pre-printed prescription" means a written
9prescription upon which the designated drug has been indicated
10prior to the time of issuance; the term does not mean a written
11prescription that is individually generated by machine or
12computer in the prescriber's office.
13    (mm) "Prescriber" means a physician licensed to practice
14medicine in all its branches, dentist, optometrist, podiatrist
15or veterinarian who issues a prescription, a physician
16assistant who issues a prescription for a controlled substance
17in accordance with Section 303.05, a written delegation, and a
18written supervision agreement required under Section 7.5 of the
19Physician Assistant Practice Act of 1987, or an advanced
20practice nurse with prescriptive authority delegated under
21Section 65-40 of the Nurse Practice Act and in accordance with
22Section 303.05, a written delegation, and a written
23collaborative agreement under Section 65-35 of the Nurse
24Practice Act.
25    (nn) "Prescription" means a lawful written, facsimile, or
26oral verbal order, or an electronic order that complies with

 

 

HB2917 Engrossed- 25 -LRB097 06471 RLC 50343 b

1applicable federal requirements, of a physician licensed to
2practice medicine in all its branches, dentist, podiatrist or
3veterinarian for any controlled substance, of an optometrist
4for a Schedule III, IV, or V controlled substance in accordance
5with Section 15.1 of the Illinois Optometric Practice Act of
61987, of a physician assistant for a controlled substance in
7accordance with Section 303.05, a written delegation, and a
8written supervision agreement required under Section 7.5 of the
9Physician Assistant Practice Act of 1987, or of an advanced
10practice nurse with prescriptive authority delegated under
11Section 65-40 of the Nurse Practice Act who issues a
12prescription for a controlled substance in accordance with
13Section 303.05, a written delegation, and a written
14collaborative agreement under Section 65-35 of the Nurse
15Practice Act when required by law.
16    (nn-5) "Prescription Information Library" (PIL) means an
17electronic library that contains reported controlled substance
18data.
19    (nn-10) "Prescription Monitoring Program" (PMP) means the
20entity that collects, tracks, and stores reported data on
21controlled substances and select drugs pursuant to Section 316.
22    (oo) "Production" or "produce" means manufacture,
23planting, cultivating, growing, or harvesting of a controlled
24substance other than methamphetamine.
25    (pp) "Registrant" means every person who is required to
26register under Section 302 of this Act.

 

 

HB2917 Engrossed- 26 -LRB097 06471 RLC 50343 b

1    (qq) "Registry number" means the number assigned to each
2person authorized to handle controlled substances under the
3laws of the United States and of this State.
4    (qq-5) "Secretary" means, as the context requires, either
5the Secretary of the Department or the Secretary of the
6Department of Financial and Professional Regulation, and the
7Secretary's designated agents.
8    (rr) "State" includes the State of Illinois and any state,
9district, commonwealth, territory, insular possession thereof,
10and any area subject to the legal authority of the United
11States of America.
12    (rr-5) "Stimulant" means any drug that (i) causes an
13overall excitation of central nervous system functions, (ii)
14causes impaired consciousness and awareness, and (iii) can be
15habit-forming or lead to a substance abuse problem, including
16but not limited to amphetamines and their analogs,
17methylphenidate and its analogs, cocaine, and phencyclidine
18and its analogs.
19    (ss) "Ultimate user" means a person who lawfully possesses
20a controlled substance for his or her own use or for the use of
21a member of his or her household or for administering to an
22animal owned by him or her or by a member of his or her
23household.
24(Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07;
2595-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff.
268-10-09; 96-268, eff. 8-11-09.)
 

 

 

HB2917 Engrossed- 27 -LRB097 06471 RLC 50343 b

1    (720 ILCS 570/201)  (from Ch. 56 1/2, par. 1201)
2    Sec. 201. (a) The Department shall carry out the provisions
3of this Article. The Department or its successor agency may, by
4administrative rule, add additional substances to or delete or
5reschedule all controlled substances in the Schedules of
6Sections 204, 206, 208, 210 and 212 of this Act. In making a
7determination regarding the addition, deletion, or
8rescheduling of a substance, the Department shall consider the
9following:
10        (1) the actual or relative potential for abuse;
11        (2) the scientific evidence of its pharmacological
12    effect, if known;
13        (3) the state of current scientific knowledge
14    regarding the substance;
15        (4) the history and current pattern of abuse;
16        (5) the scope, duration, and significance of abuse;
17        (6) the risk to the public health;
18        (7) the potential of the substance to produce
19    psychological or physiological dependence;
20        (8) whether the substance is an immediate precursor of
21    a substance already controlled under this Article;
22        (9) the immediate harmful effect in terms of
23    potentially fatal dosage; and
24        (10) the long-range effects in terms of permanent
25    health impairment.

 

 

HB2917 Engrossed- 28 -LRB097 06471 RLC 50343 b

1    (b) (Blank).
2    (c) (Blank).
3    (d) If any substance is scheduled, rescheduled, or deleted
4as a controlled substance under Federal law and notice thereof
5is given to the Department, the Department shall similarly
6control the substance under this Act after the expiration of 30
7days from publication in the Federal Register of a final order
8scheduling a substance as a controlled substance or
9rescheduling or deleting a substance, unless within that 30 day
10period the Department objects, or a party adversely affected
11files with the Department substantial written objections
12objecting to inclusion, rescheduling, or deletion. In that
13case, the Department shall publish the reasons for objection or
14the substantial written objections and afford all interested
15parties an opportunity to be heard. At the conclusion of the
16hearing, the Department shall publish its decision, by means of
17a rule, which shall be final unless altered by statute. Upon
18publication of objections by the Department, similar control
19under this Act whether by inclusion, rescheduling or deletion
20is stayed until the Department publishes its ruling.
21    (e) (Blank). The Department shall by rule exclude any
22non-narcotic substances from a schedule if such substance may,
23under the Federal Food, Drug, and Cosmetic Act, be lawfully
24sold over the counter without a prescription.
25    (f) (Blank).
26    (g) Authority to control under this Section section does

 

 

HB2917 Engrossed- 29 -LRB097 06471 RLC 50343 b

1not extend to distilled spirits, wine, malt beverages, or
2tobacco as those terms are defined or used in the Liquor
3Control Act and the Tobacco Products Tax Act.
4    (h) Persons registered with the Drug Enforcement
5Administration to manufacture or distribute controlled
6substances shall maintain adequate security and provide
7effective controls and procedures to guard against theft and
8diversion, but shall not otherwise be required to meet the
9physical security control requirements (such as cage or vault)
10for Schedule V controlled substances containing
11pseudoephedrine or Schedule II controlled substances
12containing dextromethorphan.
13(Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07;
1495-331, eff. 8-21-07.)
 
15    (720 ILCS 570/202)  (from Ch. 56 1/2, par. 1202)
16    Sec. 202. The controlled substances listed or to be listed
17in the schedules in Sections sections 204, 206, 208, 210 and
18212, including any substances added to any of those schedules
19by the Department by administrative rule, may be are included
20by whatever official, common, usual, chemical, or trade name
21designated.
22(Source: P.A. 77-757.)
 
23    (720 ILCS 570/203)  (from Ch. 56 1/2, par. 1203)
24    Sec. 203. The Department, taking into consideration the

 

 

HB2917 Engrossed- 30 -LRB097 06471 RLC 50343 b

1recommendations of its Prescription Monitoring Program
2Advisory Committee, may shall issue a rule scheduling a
3substance in Schedule I if it finds that:
4    (1) the substance has high potential for abuse; and
5    (2) the substance has no currently accepted medical use in
6treatment in the United States or lacks accepted safety for use
7in treatment under medical supervision.
8(Source: P.A. 83-969.)
 
9    (720 ILCS 570/204)  (from Ch. 56 1/2, par. 1204)
10    Sec. 204. (a) The controlled substances listed in this
11Section are included in Schedule I.
12    (b) Unless specifically excepted or unless listed in
13another schedule, any of the following opiates, including their
14isomers, esters, ethers, salts, and salts of isomers, esters,
15and ethers, whenever the existence of such isomers, esters,
16ethers and salts is possible within the specific chemical
17designation:
18        (1) Acetylmethadol;
19        (1.1) Acetyl-alpha-methylfentanyl
20    (N-[1-(1-methyl-2-phenethyl)-
21    4-piperidinyl]-N-phenylacetamide);
22        (2) Allylprodine;
23        (3) Alphacetylmethadol, except
24    levo-alphacetylmethadol (also known as levo-alpha-
25    acetylmethadol, levomethadyl acetate, or LAAM);

 

 

HB2917 Engrossed- 31 -LRB097 06471 RLC 50343 b

1        (4) Alphameprodine;
2        (5) Alphamethadol;
3        (6) Alpha-methylfentanyl
4    (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
5    propionanilide;  1-(1-methyl-2-phenylethyl)-4-(N-
6    propanilido) piperidine;
7        (6.1) Alpha-methylthiofentanyl
8    (N-[1-methyl-2-(2-thienyl)ethyl-
9    4-piperidinyl]-N-phenylpropanamide);
10        (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
11        (7.1) PEPAP
12    (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
13        (8) Benzethidine;
14        (9) Betacetylmethadol;
15        (9.1) Beta-hydroxyfentanyl
16    (N-[1-(2-hydroxy-2-phenethyl)-
17    4-piperidinyl]-N-phenylpropanamide);
18        (10) Betameprodine;
19        (11) Betamethadol;
20        (12) Betaprodine;
21        (13) Clonitazene;
22        (14) Dextromoramide;
23        (15) Diampromide;
24        (16) Diethylthiambutene;
25        (17) Difenoxin;
26        (18) Dimenoxadol;

 

 

HB2917 Engrossed- 32 -LRB097 06471 RLC 50343 b

1        (19) Dimepheptanol;
2        (20) Dimethylthiambutene;
3        (21) Dioxaphetylbutyrate;
4        (22) Dipipanone;
5        (23) Ethylmethylthiambutene;
6        (24) Etonitazene;
7        (25) Etoxeridine;
8        (26) Furethidine;
9        (27) Hydroxpethidine;
10        (28) Ketobemidone;
11        (29) Levomoramide;
12        (30) Levophenacylmorphan;
13        (31) 3-Methylfentanyl
14    (N-[3-methyl-1-(2-phenylethyl)-
15    4-piperidyl]-N-phenylpropanamide);
16        (31.1) 3-Methylthiofentanyl
17    (N-[(3-methyl-1-(2-thienyl)ethyl-
18    4-piperidinyl]-N-phenylpropanamide);
19        (32) Morpheridine;
20        (33) Noracymethadol;
21        (34) Norlevorphanol;
22        (35) Normethadone;
23        (36) Norpipanone;
24        (36.1) Para-fluorofentanyl
25    (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
26    4-piperidinyl]propanamide);

 

 

HB2917 Engrossed- 33 -LRB097 06471 RLC 50343 b

1        (37) Phenadoxone;
2        (38) Phenampromide;
3        (39) Phenomorphan;
4        (40) Phenoperidine;
5        (41) Piritramide;
6        (42) Proheptazine;
7        (43) Properidine;
8        (44) Propiram;
9        (45) Racemoramide;
10        (45.1) Thiofentanyl
11    (N-phenyl-N-[1-(2-thienyl)ethyl-
12    4-piperidinyl]-propanamide);
13        (46) Tilidine;
14        (47) Trimeperidine;
15        (48) Beta-hydroxy-3-methylfentanyl (other name:
16    N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
17    N-phenylpropanamide).
18    (c) Unless specifically excepted or unless listed in
19another schedule, any of the following opium derivatives, its
20salts, isomers and salts of isomers, whenever the existence of
21such salts, isomers and salts of isomers is possible within the
22specific chemical designation:
23        (1) Acetorphine;
24        (2) Acetyldihydrocodeine;
25        (3) Benzylmorphine;
26        (4) Codeine methylbromide;

 

 

HB2917 Engrossed- 34 -LRB097 06471 RLC 50343 b

1        (5) Codeine-N-Oxide;
2        (6) Cyprenorphine;
3        (7) Desomorphine;
4        (8) Diacetyldihydromorphine (Dihydroheroin);
5        (9) Dihydromorphine;
6        (10) Drotebanol;
7        (11) Etorphine (except hydrochloride salt);
8        (12) Heroin;
9        (13) Hydromorphinol;
10        (14) Methyldesorphine;
11        (15) Methyldihydromorphine;
12        (16) Morphine methylbromide;
13        (17) Morphine methylsulfonate;
14        (18) Morphine-N-Oxide;
15        (19) Myrophine;
16        (20) Nicocodeine;
17        (21) Nicomorphine;
18        (22) Normorphine;
19        (23) Pholcodine;
20        (24) Thebacon.
21    (d) Unless specifically excepted or unless listed in
22another schedule, any material, compound, mixture, or
23preparation which contains any quantity of the following
24hallucinogenic substances, or which contains any of its salts,
25isomers and salts of isomers, whenever the existence of such
26salts, isomers, and salts of isomers is possible within the

 

 

HB2917 Engrossed- 35 -LRB097 06471 RLC 50343 b

1specific chemical designation (for the purposes of this
2paragraph only, the term "isomer" includes the optical,
3position and geometric isomers):
4        (1) 3,4-methylenedioxyamphetamine
5    (alpha-methyl,3,4-methylenedioxyphenethylamine,
6    methylenedioxyamphetamine, MDA);
7        (1.1) Alpha-ethyltryptamine
8    (some trade or other names: etryptamine;
9    MONASE; alpha-ethyl-1H-indole-3-ethanamine;
10    3-(2-aminobutyl)indole; a-ET; and AET);
11        (2) 3,4-methylenedioxymethamphetamine (MDMA);
12        (2.1) 3,4-methylenedioxy-N-ethylamphetamine
13    (also known as: N-ethyl-alpha-methyl-
14    3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
15    and MDEA);
16        (2.2) N-Benzylpiperazine (BZP);
17        (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
18        (4) 3,4,5-trimethoxyamphetamine (TMA);
19        (5) (Blank);
20        (6) Diethyltryptamine (DET);
21        (7) Dimethyltryptamine (DMT);
22        (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
23        (9) Ibogaine  (some trade and other names:
24    7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
25    6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
26    indole; Tabernanthe iboga);

 

 

HB2917 Engrossed- 36 -LRB097 06471 RLC 50343 b

1        (10) Lysergic acid diethylamide;
2        (10.1) Salvinorin A;
3        (10.5) Salvia divinorum (meaning all parts of the plant
4    presently classified botanically as Salvia divinorum,
5    whether growing or not, the seeds thereof, any extract from
6    any part of that plant, and every compound, manufacture,
7    salts, isomers, and salts of isomers whenever the existence
8    of such salts, isomers, and salts of isomers is possible
9    within the specific chemical designation, derivative,
10    mixture, or preparation of that plant, its seeds or
11    extracts);
12        (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
13        (12) Peyote (meaning all parts of the plant presently
14    classified botanically as Lophophora williamsii Lemaire,
15    whether growing or not, the seeds thereof, any extract from
16    any part of that plant, and every compound, manufacture,
17    salts, derivative, mixture, or preparation of that plant,
18    its seeds or extracts);
19        (13) N-ethyl-3-piperidyl benzilate (JB 318);
20        (14) N-methyl-3-piperidyl benzilate;
21        (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
22    (also known as N-hydroxy-alpha-methyl-
23    3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
24        (15) Parahexyl; some trade or other names:
25    3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
26    dibenzo (b,d) pyran; Synhexyl;

 

 

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1        (16) Psilocybin;
2        (17) Psilocyn;
3        (18) Alpha-methyltryptamine (AMT);
4        (19) 2,5-dimethoxyamphetamine
5    (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
6        (20) 4-bromo-2,5-dimethoxyamphetamine
7    (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
8    4-bromo-2,5-DMA);
9        (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
10    Some trade or other names: 2-(4-bromo-
11    2,5-dimethoxyphenyl)-1-aminoethane;
12    alpha-desmethyl DOB, 2CB, Nexus;
13        (21) 4-methoxyamphetamine
14    (4-methoxy-alpha-methylphenethylamine;
15    paramethoxyamphetamine; PMA);
16        (22) (Blank);
17        (23) Ethylamine analog of phencyclidine.
18    Some trade or other names:
19    N-ethyl-1-phenylcyclohexylamine,
20    (1-phenylcyclohexyl) ethylamine,
21    N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
22        (24) Pyrrolidine analog of phencyclidine. Some trade
23    or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
24    PHP;
25        (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
26        (26) 2,5-dimethoxy-4-ethylamphetamine

 

 

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1    (another name: DOET);
2        (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
3    (another name: TCPy);
4        (28) (Blank);
5        (29) Thiophene analog of phencyclidine (some trade
6    or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
7    2-thienyl analog of phencyclidine; TPCP; TCP);
8        (30) Bufotenine (some trade or other names:
9    3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
10    3-(2-dimethylaminoethyl)-5-indolol;
11    5-hydroxy-N,N-dimethyltryptamine;
12    N,N-dimethylserotonin; mappine);
13        (31)  1-Pentyl-3-(1-naphthoyl)indole 
14    Some trade or other names: JWH-018; 
15        (32) 1-Butyl-3-(1-naphthoyl)indole 
16    Some trade or other names: JWH-073; . 
17        (33) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- 
18    (2-methyloctan-2-yl)phenol), where side chain n=5;  
19    and homologues where side chain n=4, 6, or 7;  Some  
20    trade or other names: CP 47,497; 
21        (34) (6aS,10aS)-9-(hydroxymethyl)-6,6- 
22    dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- 
23    tetrahydrobenzo[c]chromen-1-ol, its isomers,  
24    salts, and salts of isomers; Some trade or other  
25    names: HU-210, Dexanabinol; 
26        (35) 2,5-Dimethoxy-4-(n)-propylthio- 

 

 

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1    phenethylamine; 
2        (36) 5-Methoxy-N,N-diisopropyltryptamine. 
3    (e) Unless specifically excepted or unless listed in
4another schedule, any material, compound, mixture, or
5preparation which contains any quantity of the following
6substances having a depressant effect on the central nervous
7system, including its salts, isomers, and salts of isomers
8whenever the existence of such salts, isomers, and salts of
9isomers is possible within the specific chemical designation:
10        (1) mecloqualone;
11        (2) methaqualone; and
12        (3) gamma hydroxybutyric acid.
13    (f) Unless specifically excepted or unless listed in
14another schedule, any material, compound, mixture, or
15preparation which contains any quantity of the following
16substances having a stimulant effect on the central nervous
17system, including its salts, isomers, and salts of isomers:
18        (1) Fenethylline;
19        (2) N-ethylamphetamine;
20        (3) Aminorex (some other names:
21    2-amino-5-phenyl-2-oxazoline; aminoxaphen;
22    4-5-dihydro-5-phenyl-2-oxazolamine) and its
23    salts, optical isomers, and salts of optical isomers;
24        (4) Methcathinone (some other names:
25    2-methylamino-1-phenylpropan-1-one;
26    Ephedrone; 2-(methylamino)-propiophenone;

 

 

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1    alpha-(methylamino)propiophenone; N-methylcathinone;
2    methycathinone; Monomethylpropion; UR 1431) and its
3    salts, optical isomers, and salts of optical isomers;
4        (5) Cathinone (some trade or other names:
5    2-aminopropiophenone; alpha-aminopropiophenone;
6    2-amino-1-phenyl-propanone; norephedrone);
7        (6) N,N-dimethylamphetamine (also known as:
8    N,N-alpha-trimethyl-benzeneethanamine;
9    N,N-alpha-trimethylphenethylamine);
10        (7) (+ or -) cis-4-methylaminorex  ((+ or -) cis-
11    4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine).
12    (g) Temporary listing of substances subject to emergency
13scheduling. Any material, compound, mixture, or preparation
14that contains any quantity of the following substances:
15        (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
16    (benzylfentanyl), its optical isomers, isomers, salts,
17    and salts of isomers;
18        (2) N-[1(2-thienyl)
19   methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
20   its optical isomers, salts, and salts of isomers.
21(Source: P.A. 95-239, eff. 1-1-08; 95-331, eff. 8-21-07;
2296-347, eff. 1-1-10; 96-1285, eff. 1-1-11.)
 
23    (720 ILCS 570/205)  (from Ch. 56 1/2, par. 1205)
24    Sec. 205. The Department, taking into consideration the
25recommendations of its Prescription Monitoring Program

 

 

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1Advisory Committee, may shall issue a rule scheduling a
2substance in Schedule II if it finds that:
3    (1) the substance has high potential for abuse;
4    (2) the substance has currently accepted medical use in
5treatment in the United States, or currently accepted medical
6use with severe restrictions; and
7    (3) the abuse of the substance may lead to severe
8psychological or physiological dependence.
9(Source: P.A. 83-969.)
 
10    (720 ILCS 570/206)  (from Ch. 56 1/2, par. 1206)
11    Sec. 206. (a) The controlled substances listed in this
12Section are included in Schedule II.
13    (b) Unless specifically excepted or unless listed in
14another schedule, any of the following substances whether
15produced directly or indirectly by extraction from substances
16of vegetable origin, or independently by means of chemical
17synthesis, or by combination of extraction and chemical
18synthesis:
19        (1) Opium and opiates, and any salt, compound,
20    derivative or preparation of opium or opiate, excluding
21    apomorphine, dextrorphan, levopropoxyphene, nalbuphine,
22    nalmefene, naloxone, and naltrexone, and their respective
23    salts, but including the following:
24            (i) Raw Opium;
25            (ii) Opium extracts;

 

 

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1            (iii) Opium fluid extracts;
2            (iv) Powdered opium;
3            (v) Granulated opium;
4            (vi) Tincture of opium;
5            (vii) Codeine;
6            (viii) Ethylmorphine;
7            (ix) Etorphine Hydrochloride;
8            (x) Hydrocodone;
9            (xi) Hydromorphone;
10            (xii) Metopon;
11            (xiii) Morphine;
12            (xiv) Oxycodone;
13            (xv) Oxymorphone;
14            (xv.5) Tapentadol;
15            (xvi) Thebaine;
16            (xvii) Thebaine-derived butorphanol.
17            (xviii) Dextromethorphan, except drug products
18        that may be dispensed pursuant to a prescription order
19        of a practitioner and are sold in compliance with the
20        safety and labeling standards as set forth by the
21        United States Food and Drug Administration, or drug
22        products containing dextromethorphan that are sold in
23        solid, tablet, liquid, capsule, powder, thin film, or
24        gel form and which are formulated, packaged, and sold
25        in dosages and concentrations for use as an
26        over-the-counter drug product. For the purposes of

 

 

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1        this Section, "over-the-counter drug product" means a
2        drug that is available to consumers without a
3        prescription and sold in compliance with the safety and
4        labeling standards as set forth by the United States
5        Food and Drug Administration.
6        (2) Any salt, compound, isomer, derivative or
7    preparation thereof which is chemically equivalent or
8    identical with any of the substances referred to in
9    subparagraph (1), but not including the isoquinoline
10    alkaloids of opium;
11        (3) Opium poppy and poppy straw;
12        (4) Coca leaves and any salt, compound, isomer, salt of
13    an isomer, derivative, or preparation of coca leaves
14    including cocaine or ecgonine, and any salt, compound,
15    isomer, derivative, or preparation thereof which is
16    chemically equivalent or identical with any of these
17    substances, but not including decocainized coca leaves or
18    extractions of coca leaves which do not contain cocaine or
19    ecgonine (for the purpose of this paragraph, the term
20    "isomer" includes optical, positional and geometric
21    isomers);
22        (5) Concentrate of poppy straw (the crude extract of
23    poppy straw in either liquid, solid or powder form which
24    contains the phenanthrine alkaloids of the opium poppy).
25    (c) Unless specifically excepted or unless listed in
26another schedule any of the following opiates, including their

 

 

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1isomers, esters, ethers, salts, and salts of isomers, whenever
2the existence of these isomers, esters, ethers and salts is
3possible within the specific chemical designation, dextrorphan
4excepted:
5        (1) Alfentanil;
6        (1.1) Carfentanil;
7        (2) Alphaprodine;
8        (3) Anileridine;
9        (4) Bezitramide;
10        (5) Bulk Dextropropoxyphene (non-dosage forms);
11        (6) Dihydrocodeine;
12        (7) Diphenoxylate;
13        (8) Fentanyl;
14        (9) Sufentanil;
15        (9.5) Remifentanil;
16        (10) Isomethadone;
17        (11) Levomethorphan;
18        (12) Levorphanol (Levorphan);
19        (13) Metazocine;
20        (14) Methadone;
21        (15) Methadone-Intermediate,
22    4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
23        (16) Moramide-Intermediate,
24    2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
25    acid;
26        (17) Pethidine (meperidine);

 

 

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1        (18) Pethidine-Intermediate-A,
2    4-cyano-1-methyl-4-phenylpiperidine;
3        (19) Pethidine-Intermediate-B,
4    ethyl-4-phenylpiperidine-4-carboxylate;
5        (20) Pethidine-Intermediate-C,
6    1-methyl-4-phenylpiperidine-4-carboxylic acid;
7        (21) Phenazocine;
8        (22) Piminodine;
9        (23) Racemethorphan;
10        (24) Racemorphan;
11        (25) Levo-alphacetylmethadol (some other names:
12    levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
13    (d) Unless specifically excepted or unless listed in
14another schedule, any material, compound, mixture, or
15preparation which contains any quantity of the following
16substances having a stimulant effect on the central nervous
17system:
18        (1) Amphetamine, its salts, optical isomers, and salts
19    of its optical isomers;
20        (2) Methamphetamine, its salts, isomers, and salts of
21    its isomers;
22        (3) Phenmetrazine and its salts;
23        (4) Methylphenidate; .
24        (5) Lisdexamfetamine.
25    (e) Unless specifically excepted or unless listed in
26another schedule, any material, compound, mixture, or

 

 

HB2917 Engrossed- 46 -LRB097 06471 RLC 50343 b

1preparation which contains any quantity of the following
2substances having a depressant effect on the central nervous
3system, including its salts, isomers, and salts of isomers
4whenever the existence of such salts, isomers, and salts of
5isomers is possible within the specific chemical designation:
6        (1) Amobarbital;
7        (2) Secobarbital;
8        (3) Pentobarbital;
9        (4) Pentazocine;
10        (5) Phencyclidine;
11        (6) Gluthethimide;
12        (7) (Blank).
13    (f) Unless specifically excepted or unless listed in
14another schedule, any material, compound, mixture, or
15preparation which contains any quantity of the following
16substances:
17        (1) Immediate precursor to amphetamine and
18    methamphetamine:
19            (i) Phenylacetone
20        Some trade or other names: phenyl-2-propanone;
21        P2P; benzyl methyl ketone; methyl benzyl ketone.
22        (2) Immediate precursors to phencyclidine:
23            (i) 1-phenylcyclohexylamine;
24            (ii) 1-piperidinocyclohexanecarbonitrile (PCC).
25        (3) Nabilone.
26(Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07.)
 

 

 

HB2917 Engrossed- 47 -LRB097 06471 RLC 50343 b

1    (720 ILCS 570/207)  (from Ch. 56 1/2, par. 1207)
2    Sec. 207. The Department, taking into consideration the
3recommendations of its Prescription Monitoring Program
4Advisory Committee, may shall issue a rule scheduling a
5substance in Schedule III if it finds that:
6    (1) the substance has a potential for abuse less than the
7substances listed in Schedule I and II;
8    (2) the substance has currently accepted medical use in
9treatment in the United States; and
10    (3) abuse of the substance may lead to moderate or low
11physiological dependence or high psychological dependence.
12(Source: P.A. 83-969.)
 
13    (720 ILCS 570/208)  (from Ch. 56 1/2, par. 1208)
14    Sec. 208. (a) The controlled substances listed in this
15Section are included in Schedule III.
16    (b) Unless specifically excepted or unless listed in
17another schedule, any material, compound, mixture, or
18preparation which contains any quantity of the following
19substances having a stimulant effect on the central nervous
20system, including its salts, isomers (whether optical
21position, or geometric), and salts of such isomers whenever the
22existence of such salts, isomers, and salts of isomers is
23possible within the specific chemical designation;
24        (1) Those compounds, mixtures, or preparations in

 

 

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1    dosage unit form containing any stimulant substances
2    listed in Schedule II which compounds, mixtures, or
3    preparations were listed on August 25, 1971, as excepted
4    compounds under Title 21, Code of Federal Regulations,
5    Section 308.32, and any other drug of the quantitative
6    composition shown in that list for those drugs or which is
7    the same except that it contains a lesser quantity of
8    controlled substances;
9        (2) Benzphetamine;
10        (3) Chlorphentermine;
11        (4) Clortermine;
12        (5) Phendimetrazine.
13    (c) Unless specifically excepted or unless listed in
14another schedule, any material, compound, mixture, or
15preparation which contains any quantity of the following
16substances having a potential for abuse associated with a
17depressant effect on the central nervous system:
18        (1) Any compound, mixture, or preparation containing
19    amobarbital, secobarbital, pentobarbital or any salt
20    thereof and one or more other active medicinal ingredients
21    which are not listed in any schedule;
22        (2) Any suppository dosage form containing
23    amobarbital, secobarbital, pentobarbital or any salt of
24    any of these drugs and approved by the Federal Food and
25    Drug Administration for marketing only as a suppository;
26        (3) Any substance which contains any quantity of a

 

 

HB2917 Engrossed- 49 -LRB097 06471 RLC 50343 b

1    derivative of barbituric acid, or any salt thereof:
2        (3.1) Aprobarbital;
3        (3.2) Butabarbital (secbutabarbital);
4        (3.3) Butalbital;
5        (3.4) Butobarbital (butethal);
6        (4) Chlorhexadol;
7        (5) Methyprylon;
8        (6) Sulfondiethylmethane;
9        (7) Sulfonethylmethane;
10        (8) Sulfonmethane;
11        (9) Lysergic acid;
12        (10) Lysergic acid amide;
13        (10.1) Tiletamine or zolazepam or both, or any salt of
14    either of them.
15    Some trade or other names for a tiletamine-zolazepam
16    combination product: Telazol.
17    Some trade or other names for Tiletamine:
18    2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
19    Some trade or other names for zolazepam:
20    4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
21    [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
22        (11) Any material, compound, mixture or preparation
23    containing not more than 12.5 milligrams of pentazocine or
24    any of its salts, per 325 milligrams of aspirin;
25        (12) Any material, compound, mixture or preparation
26    containing not more than 12.5 milligrams of pentazocine or

 

 

HB2917 Engrossed- 50 -LRB097 06471 RLC 50343 b

1    any of its salts, per 325 milligrams of acetaminophen;
2        (13) Any material, compound, mixture or preparation
3    containing not more than 50 milligrams of pentazocine or
4    any of its salts plus naloxone HCl USP 0.5 milligrams, per
5    dosage unit;
6        (14) Ketamine; .
7        (15) Thiopental.
8    (d) Nalorphine.
9    (d.5) Buprenorphine.
10    (e) Unless specifically excepted or unless listed in
11another schedule, any material, compound, mixture, or
12preparation containing limited quantities of any of the
13following narcotic drugs, or their salts calculated as the free
14anhydrous base or alkaloid, as set forth below:
15        (1) not more than 1.8 grams of codeine per 100
16    milliliters or not more than 90 milligrams per dosage unit,
17    with an equal or greater quantity of an isoquinoline
18    alkaloid of opium;
19        (2) not more than 1.8 grams of codeine per 100
20    milliliters or not more than 90 milligrams per dosage unit,
21    with one or more active non-narcotic ingredients in
22    recognized therapeutic amounts;
23        (3) not more than 300 milligrams of dihydrocodeinone
24    per 100 milliliters or not more than 15 milligrams per
25    dosage unit, with a fourfold or greater quantity of an
26    isoquinoline alkaloid of opium;

 

 

HB2917 Engrossed- 51 -LRB097 06471 RLC 50343 b

1        (4) not more than 300 milligrams of dihydrocodeinone
2    per 100 milliliters or not more than 15 milligrams per
3    dosage unit, with one or more active, non-narcotic
4    ingredients in recognized therapeutic amounts;
5        (5) not more than 1.8 grams of dihydrocodeine per 100
6    milliliters or not more than 90 milligrams per dosage unit,
7    with one or more active, non-narcotic ingredients in
8    recognized therapeutic amounts;
9        (6) not more than 300 milligrams of ethylmorphine per
10    100 milliliters or not more than 15 milligrams per dosage
11    unit, with one or more active, non-narcotic ingredients in
12    recognized therapeutic amounts;
13        (7) not more than 500 milligrams of opium per 100
14    milliliters or per 100 grams, or not more than 25
15    milligrams per dosage unit, with one or more active,
16    non-narcotic ingredients in recognized therapeutic
17    amounts;
18        (8) not more than 50 milligrams of morphine per 100
19    milliliters or per 100 grams with one or more active,
20    non-narcotic ingredients in recognized therapeutic
21    amounts.
22    (f) Anabolic steroids, except the following anabolic
23steroids that are exempt:
24        (1) Androgyn L.A.;
25        (2) Andro-Estro 90-4;
26        (3) depANDROGYN;

 

 

HB2917 Engrossed- 52 -LRB097 06471 RLC 50343 b

1        (4) DEPO-T.E.;
2        (5) depTESTROGEN;
3        (6) Duomone;
4        (7) DURATESTRIN;
5        (8) DUO-SPAN II;
6        (9) Estratest;
7        (10) Estratest H.S.;
8        (11) PAN ESTRA TEST;
9        (12) Premarin with Methyltestosterone;
10        (13) TEST-ESTRO Cypionates;
11        (14) Testosterone Cyp 50 Estradiol Cyp 2;
12        (15) Testosterone Cypionate-Estradiol Cypionate
13    injection; and
14        (16) Testosterone Enanthate-Estradiol Valerate
15    injection.
16    (g) Hallucinogenic substances.
17        (1) Dronabinol (synthetic) in sesame oil and
18    encapsulated in a soft gelatin capsule in a U.S. Food and
19    Drug Administration approved product. Some other names for
20    dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
21    6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
22    (-)-delta-9-(trans)-tetrahydrocannabinol .
23        (2) (Reserved).
24    (h) The Department may except by rule any compound,
25mixture, or preparation containing any stimulant or depressant
26substance listed in subsection (b) from the application of all

 

 

HB2917 Engrossed- 53 -LRB097 06471 RLC 50343 b

1or any part of this Act if the compound, mixture, or
2preparation contains one or more active medicinal ingredients
3not having a stimulant or depressant effect on the central
4nervous system, and if the admixtures are included therein in
5combinations, quantity, proportion, or concentration that
6vitiate the potential for abuse of the substances which have a
7stimulant or depressant effect on the central nervous system.
8(Source: P.A. 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
9    (720 ILCS 570/209)  (from Ch. 56 1/2, par. 1209)
10    Sec. 209. The Department, taking into consideration the
11recommendations of its Prescription Monitoring Program
12Advisory Committee, may shall issue a rule scheduling a
13substance in Schedule IV if it finds that:
14    (1) the substance has a low potential for abuse relative to
15substances in Schedule III;
16    (2) the substance has currently accepted medical use in
17treatment in the United States; and
18    (3) abuse of the substance may lead to limited
19physiological dependence or psychological dependence relative
20to the substances in Schedule III.
21(Source: P.A. 83-969.)
 
22    (720 ILCS 570/210)  (from Ch. 56 1/2, par. 1210)
23    Sec. 210. (a) The controlled substances listed in this
24Section are included in Schedule IV.

 

 

HB2917 Engrossed- 54 -LRB097 06471 RLC 50343 b

1    (b) Unless specifically excepted or unless listed in
2another schedule, any material, compound, mixture, or
3preparation containing limited quantities of any of the
4following narcotic drugs, or their salts calculated as the free
5anhydrous base or alkaloid, as set forth below:
6        (1) Not more than 1 milligram of difenoxin (DEA Drug
7    Code No. 9618) and not less than 25 micrograms of atropine
8    sulfate per dosage unit.
9        (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
10    2-diphenyl-3-methyl-2-propionoxybutane).
11    (c) Unless specifically excepted or unless listed in
12another schedule, any material, compound, mixture, or
13preparation which contains any quantity of the following
14substances having a potential for abuse associated with a
15depressant effect on the central nervous system:
16        (1) Alprazolam;
17        (2) Barbital;
18        (2.1) Bromazepam;
19        (2.2) Camazepam;
20        (2.3) Carisoprodol;
21        (3) Chloral Betaine;
22        (4) Chloral Hydrate;
23        (5) Chlordiazepoxide;
24        (5.1) Clobazam;
25        (6) Clonazepam;
26        (7) Clorazepate;

 

 

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1        (7.1) Clotiazepam;
2        (7.2) Cloxazolam;
3        (7.3) Delorazepam;
4        (8) Diazepam;
5        (8.05) Dichloralphenazone;
6        (8.1) Estazolam;
7        (9) Ethchlorvynol;
8        (10) Ethinamate;
9        (10.1) Ethyl loflazepate;
10        (10.2) Fludiazepam;
11        (10.3) Flunitrazepam;
12        (11) Flurazepam;
13        (11.1) Fospropofol;
14        (12) Halazepam;
15        (12.1) Haloxazolam;
16        (12.2) Ketazolam;
17        (12.3) Loprazolam;
18        (13) Lorazepam;
19        (13.1) Lormetazepam;
20        (14) Mebutamate;
21        (14.1) Medazepam;
22        (15) Meprobamate;
23        (16) Methohexital;
24        (17) Methylphenobarbital (Mephobarbital);
25        (17.1) Midazolam;
26        (17.2) Nimetazepam;

 

 

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1        (17.3) Nitrazepam;
2        (17.4) Nordiazepam;
3        (18) Oxazepam;
4        (18.1) Oxazolam;
5        (19) Paraldehyde;
6        (20) Petrichloral;
7        (21) Phenobarbital;
8        (21.1) Pinazepam;
9        (22) Prazepam;
10        (22.1) Quazepam;
11        (23) Temazepam;
12        (23.1) Tetrazepam;
13        (23.2) Tramadol;
14        (24) Triazolam;
15        (24.5) Zaleplon;
16        (25) Zolpidem; .
17        (26) Zopiclone.
18    (d) Any material, compound, mixture, or preparation which
19contains any quantity of the following substances, including
20its salts, isomers (whether optical, position, or geometric),
21and salts of such isomers, whenever the existence of such
22salts, isomers and salts of isomers is possible:
23        (1) Fenfluramine.
24    (e) Unless specifically excepted or unless listed in
25another schedule any material, compound, mixture, or
26preparation which contains any quantity of the following

 

 

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1substances having a stimulant effect on the central nervous
2system, including its salts, isomers (whether optical,
3position or geometric), and salts of such isomers whenever the
4existence of such salts, isomers, and salts of isomers is
5possible within the specific chemical designation:
6        (1) Cathine ((+)-norpseudoephedrine);
7        (1.1)   Diethylpropion;
8        (1.2) Fencamfamin;
9        (1.3) Fenproporex;
10        (2) Mazindol;
11        (2.1) Mefenorex;
12        (3) Phentermine;
13        (4) Pemoline (including organometallic complexes and
14    chelates thereof);
15        (5) Pipradrol;
16        (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
17        (7) Modafinil;
18        (8) Sibutramine.
19    (f) Other Substances. Unless specifically excepted or
20unless listed in another schedule, any material, compound,
21mixture, or preparation that contains any quantity of the
22following substance, including its salts:
23        (1) Butorphanol (including its optical isomers).
24    (g) The Department may except by rule any compound,
25mixture, or preparation containing any depressant substance
26listed in subsection (b) from the application of all or any

 

 

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1part of this Act if the compound, mixture, or preparation
2contains one or more active medicinal ingredients not having a
3depressant effect on the central nervous system, and if the
4admixtures are included therein in combinations, quantity,
5proportion, or concentration that vitiate the potential for
6abuse of the substances which have a depressant effect on the
7central nervous system.
8    (h) Except as otherwise provided in Section 216, any
9material, compound, mixture, or preparation that contains any
10quantity of the following substance having a stimulant effect
11on the central nervous system, including its salts, enantiomers
12(optical isomers) and salts of enantiomers (optical isomers):
13        (1) Ephedrine, its salts, optical isomers and salts of
14    optical isomers.
15(Source: P.A. 90-775, eff. 1-1-99; 91-714, eff. 6-2-00.)
 
16    (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
17    Sec. 211. The Department, taking into consideration the
18recommendations of its Prescription Monitoring Program
19Advisory Committee, may shall issue a rule scheduling a
20substance in Schedule V if it finds that:
21    (1) the substance has low potential for abuse relative to
22the controlled substances listed in Schedule IV;
23    (2) the substance has currently accepted medical use in
24treatment in the United States; and
25    (3) abuse of the substance may lead to limited

 

 

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1physiological dependence or psychological dependence relative
2to the substances in Schedule IV, or the substance is a
3targeted methamphetamine precursor as defined in the
4Methamphetamine Precursor Control Act.
5(Source: P.A. 94-694, eff. 1-15-06.)
 
6    (720 ILCS 570/212)  (from Ch. 56 1/2, par. 1212)
7    Sec. 212. (a) The controlled substances listed in this
8section are included in Schedule V.
9    (b) Any compound, mixture, or preparation containing
10limited quantities of any of the following narcotic drugs, or
11their salts calculated as the free anhydrous base or alkaloid
12which also contains one or more non-narcotic active medicinal
13ingredients in sufficient proportion to confer upon the
14compound, mixture, or preparation, valuable medicinal
15qualities other than those possessed by the narcotic drug alone
16as 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 10 100 milligrams of dihydrocodeine;
20    or 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;

 

 

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1        (5) not more than 100 milligrams of opium per 100
2    milliliters or per 100 grams;
3        (6) not more than 0.5 milligram of difenoxin (DEA Drug
4    Code No. 9618) and not less than 25 micrograms of atropine
5    sulfate per dosage unit.
6    (c) (Blank). Buprenorphine.
7    (c-1) Lacosamide.
8    (c-2) Pregabalin.
9    (d) Pyrovalerone.
10    (d-5) Any targeted methamphetamine precursor as defined in
11the Methamphetamine Precursor Control Act.
12    (e) Any compound, mixture or preparation which contains any
13quantity of any controlled substance when such compound,
14mixture or preparation is not otherwise controlled in Schedules
15I, II, III or IV.
16(Source: P.A. 94-694, eff. 1-15-06.)
 
17    (720 ILCS 570/301)  (from Ch. 56 1/2, par. 1301)
18    Sec. 301. The Department of Financial and Professional
19Regulation shall promulgate rules and charge reasonable fees
20and fines relating to the registration and control of the
21manufacture, distribution, and dispensing of controlled
22substances within this State. All moneys received by the
23Department of Financial and Professional Regulation under this
24Act shall be deposited into the respective professional
25dedicated funds in like manner as the primary professional

 

 

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1licenses.
2    A pharmacy, manufacturer of controlled substances, or
3wholesale distributor of controlled substances that is
4regulated under this Act and owned and operated by the State is
5exempt from fees required under this Act. Pharmacists and
6pharmacy technicians working in facilities owned and operated
7by the State are not exempt from the payment of fees required
8by this Act and any rules adopted under this Act. Nothing in
9this Section shall be construed to prohibit the Department of
10Financial and Professional Regulation from imposing any fine or
11other penalty allowed under this Act.
12(Source: P.A. 95-689, eff. 10-29-07.)
 
13    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
14    Sec. 302. (a) Every person who manufactures, distributes,
15or dispenses any controlled substances, or engages in chemical
16analysis, and instructional activities which utilize
17controlled substances, or who purchases, stores, or
18administers euthanasia drugs, within this State or who proposes
19to engage in the manufacture, distribution, or dispensing of
20any controlled substance, or to engage in chemical analysis,
21and instructional activities which utilize controlled
22substances, or to engage in purchasing, storing, or
23administering euthanasia drugs, within this State, must obtain
24a registration issued by the Department of Financial and
25Professional Regulation in accordance with its rules. The rules

 

 

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1shall include, but not be limited to, setting the expiration
2date and renewal period for each registration under this Act.
3The Department, any facility or service licensed by the
4Department, and any veterinary hospital or clinic operated by a
5veterinarian or veterinarians licensed under the Veterinary
6Medicine and Surgery Practice Act of 2004 or maintained by a
7State-supported or publicly funded university or college shall
8be exempt from the regulation requirements of this Section.
9    (b) Persons registered by the Department of Financial and
10Professional Regulation under this Act to manufacture,
11distribute, or dispense controlled substances, or purchase,
12store, or administer euthanasia drugs, may possess,
13manufacture, distribute, or dispense those substances, or
14purchase, store, or administer euthanasia drugs, to the extent
15authorized by their registration and in conformity with the
16other provisions of this Article.
17    (c) The following persons need not register and may
18lawfully possess controlled substances under this Act:
19        (1) an agent or employee of any registered
20    manufacturer, distributor, or dispenser of any controlled
21    substance if he or she is acting in the usual course of his
22    or her employer's lawful business or employment;
23        (2) a common or contract carrier or warehouseman, or an
24    agent or employee thereof, whose possession of any
25    controlled substance is in the usual lawful course of such
26    business or employment;

 

 

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1        (3) an ultimate user or a person in possession of any
2    controlled substance pursuant to a lawful prescription of a
3    practitioner or in lawful possession of a Schedule V
4    substance;
5        (4) officers and employees of this State or of the
6    United States while acting in the lawful course of their
7    official duties which requires possession of controlled
8    substances;
9        (5) a registered pharmacist who is employed in, or the
10    owner of, a pharmacy licensed under this Act and the
11    Federal Controlled Substances Act, at the licensed
12    location, or if he or she is acting in the usual course of
13    his or her lawful profession, business, or employment.
14    (d) A separate registration is required at each place of
15business or professional practice where the applicant
16manufactures, distributes, or dispenses controlled substances,
17or purchases, stores, or administers euthanasia drugs. Persons
18are required to obtain a separate registration for each place
19of business or professional practice where controlled
20substances are located or stored. A separate registration is
21not required for every location at which a controlled substance
22may be prescribed.
23    (e) The Department of Financial and Professional
24Regulation or the Illinois Department of State Police may
25inspect the controlled premises, as defined in Section 502 of
26this Act, of a registrant or applicant for registration in

 

 

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1accordance with this Act and the rules promulgated hereunder
2and with regard to persons licensed by the Department, in
3accordance with subsection (bb) of Section 30-5 of the
4Alcoholism and Other Drug Abuse and Dependency Act and the
5rules and regulations promulgated thereunder.
6(Source: P.A. 96-219, eff. 8-10-09.)
 
7    (720 ILCS 570/303)  (from Ch. 56 1/2, par. 1303)
8    Sec. 303. (a) The Department of Financial and Professional
9Regulation shall license an applicant to manufacture,
10distribute or dispense controlled substances included in
11Sections 202, 204, 206, 208, 210 and 212 of this Act or
12purchase, store, or administer euthanasia drugs unless it
13determines that the issuance of that license would be
14inconsistent with the public interest. In determining the
15public interest, the Department of Financial and Professional
16Regulation shall consider the following:
17        (1) maintenance of effective controls against
18    diversion of controlled substances into other than lawful
19    medical, scientific, or industrial channels;
20        (2) compliance with applicable Federal, State and
21    local law;
22        (3) any convictions of the applicant, or the designated
23    agent of the applicant where applicable, under any law of
24    the United States or of any State relating to any
25    controlled substance;

 

 

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1        (4) past experience in the manufacture or distribution
2    of controlled substances, and the existence in the
3    applicant's establishment of effective controls against
4    diversion;
5        (5) furnishing by the applicant of false or fraudulent
6    material in any application filed under this Act;
7        (6) suspension or revocation of the applicant's
8    Federal registration to manufacture, distribute, or
9    dispense controlled substances, or purchase, store, or
10    administer euthanasia drugs, as authorized by Federal law;
11        (7) whether the applicant is suitably equipped with the
12    facilities appropriate to carry on the operation described
13    in his or her application;
14        (8) whether the applicant is of good moral character
15    or, if the applicant is a partnership, association,
16    corporation or other organization, whether the partners,
17    directors, governing committee and managing officers are
18    of good moral character;
19        (9) any other factors relevant to and consistent with
20    the public health and safety; and
21        (10) evidence from court, medical disciplinary and
22    pharmacy board records and those of State and Federal
23    investigatory bodies that the applicant has not or does not
24    prescribe controlled substances within the provisions of
25    this Act.
26    (b) No license shall be granted to or renewed for any

 

 

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1person who has within 5 years been convicted of a wilful
2violation of any law of the United States or any law of any
3State relating to controlled substances, or who is found to be
4deficient in any of the matters enumerated in subsections
5(a)(1) through (a)(8).
6    (c) Licensure under subsection (a) does not entitle a
7registrant to manufacture, distribute or dispense controlled
8substances in Schedules I or II other than those specified in
9the registration.
10    (d) Practitioners who are licensed to dispense any
11controlled substances in Schedules II through V are authorized
12to conduct instructional activities with controlled substances
13in Schedules II through V under the law of this State.
14    (e) If an applicant for registration is registered under
15the Federal law to manufacture, distribute or dispense
16controlled substances, or purchase, store, or administer
17euthanasia drugs, upon filing a completed application for
18licensure in this State and payment of all fees due hereunder,
19he or she shall be licensed in this State to the same extent as
20his or her Federal registration, unless, within 30 days after
21completing his or her application in this State, the Department
22of Financial and Professional Regulation notifies the
23applicant that his or her application has not been granted. A
24practitioner who is in compliance with the Federal law with
25respect to registration to dispense controlled substances in
26Schedules II through V need only send a current copy of that

 

 

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1Federal registration to the Department of Financial and
2Professional Regulation and he or she shall be deemed in
3compliance with the registration provisions of this State.
4    (e-5) All Beginning July 1, 2003, all of the fees and fines
5collected under this Section 303 shall be deposited into the
6Illinois State Pharmacy Disciplinary Fund.
7    (f) The fee for registration as a manufacturer or wholesale
8distributor of controlled substances shall be $50.00 per year,
9except that the fee for registration as a manufacturer or
10wholesale distributor of controlled substances that may be
11dispensed without a prescription under this Act shall be $15.00
12per year. The expiration date and renewal period for each
13controlled substance license issued under this Act shall be set
14by rule.
15(Source: P.A. 93-32, eff. 7-1-03; 93-626, eff. 12-23-03.)
 
16    (720 ILCS 570/303.05)
17    Sec. 303.05. Mid-level practitioner registration.
18    (a) The Department of Financial and Professional
19Regulation shall register licensed physician assistants and
20licensed advanced practice nurses to prescribe and dispense
21controlled substances under Section 303 and euthanasia
22agencies to purchase, store, or administer animal euthanasia
23drugs under the following circumstances:
24        (1) with respect to physician assistants,
25            (A) the physician assistant has been delegated

 

 

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1        written authority to prescribe any Schedule III
2        through V controlled substances by a physician
3        licensed to practice medicine in all its branches in
4        accordance with Section 7.5 of the Physician Assistant
5        Practice Act of 1987; and the physician assistant has
6        completed the appropriate application forms and has
7        paid the required fees as set by rule; or
8            (B) the physician assistant has been delegated
9        authority by a supervising physician licensed to
10        practice medicine in all its branches to prescribe or
11        dispense Schedule II controlled substances through a
12        written delegation of authority and under the
13        following conditions:
14                (i) no more than 5 Schedule II controlled
15            substances by oral dosage may be delegated;
16                (ii) any delegation must be of controlled
17            substances prescribed by the supervising
18            physician;
19                (iii) all prescriptions must be limited to no
20            more than a 30-day oral dosage, with any
21            continuation authorized only after prior approval
22            of the supervising physician;
23                (iv) the physician assistant must discuss the
24            condition of any patients for whom a controlled
25            substance is prescribed monthly with the
26            delegating physician; and

 

 

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1                (v) the physician assistant must have
2            completed the appropriate application forms and
3            paid the required fees as set by rule;
4        (2) with respect to advanced practice nurses,
5            (A) the advanced practice nurse has been delegated
6        authority to prescribe any Schedule III through V
7        controlled substances by a physician licensed to
8        practice medicine in all its branches or a podiatrist
9        in accordance with Section 65-40 of the Nurse Practice
10        Act. The advanced practice nurse has completed the
11        appropriate application forms and has paid the
12        required fees as set by rule; or
13            (B) the advanced practice nurse has been delegated
14        authority by a collaborating physician licensed to
15        practice medicine in all its branches to prescribe or
16        dispense Schedule II controlled substances through a
17        written delegation of authority and under the
18        following conditions:
19                (i) no more than 5 Schedule II controlled
20            substances by oral dosage may be delegated;
21                (ii) any delegation must be of controlled
22            substances prescribed by the collaborating
23            physician;
24                (iii) all prescriptions must be limited to no
25            more than a 30-day oral dosage, with any
26            continuation authorized only after prior approval

 

 

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1            of the collaborating physician;
2                (iv) the advanced practice nurse must discuss
3            the condition of any patients for whom a controlled
4            substance is prescribed monthly with the
5            delegating physician or in the course of review as
6            required by Section 65-40 of the Nurse Practice
7            Act; and
8                (v) the advanced practice nurse must have
9            completed the appropriate application forms and
10            paid the required fees as set by rule; or
11        (3) with respect to animal euthanasia agencies, the
12    euthanasia agency has obtained a license from the
13    Department of Financial and Professional Regulation and
14    obtained a registration number from the Department.
15    (b) The mid-level practitioner shall only be licensed to
16prescribe those schedules of controlled substances for which a
17licensed physician or licensed podiatrist has delegated
18prescriptive authority, except that an animal euthanasia
19agency does not have any prescriptive authority. A physician
20assistant and an advanced practice nurse are prohibited from
21prescribing medications and controlled substances not set
22forth in the required written delegation of authority.
23    (c) Upon completion of all registration requirements,
24physician assistants, advanced practice nurses, and animal
25euthanasia agencies may shall be issued a mid-level
26practitioner controlled substances license for Illinois.

 

 

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1(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
296-268, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
3    (720 ILCS 570/303.1)  (from Ch. 56 1/2, par. 1303.1)
4    Sec. 303.1. Any person who delivers a check or other
5payment to the Department of Financial and Professional
6Regulation that is returned to the Department unpaid by the
7financial institution upon which it is drawn shall pay to the
8Department, in addition to the amount already owed to the
9Department, a fine of $50. If the check or other payment was
10for a renewal or issuance fee and that person practices without
11paying the renewal fee or issuance fee and the fine due, an
12additional fine of $100 shall be imposed. The fines imposed by
13this Section are in addition to any other discipline provided
14under this Act for unlicensed practice or practice on a
15nonrenewed license. The Department of Financial and
16Professional Regulation shall notify the person that payment of
17fees and fines shall be paid to the Department by certified
18check or money order within 30 calendar days of the
19notification. If, after the expiration of 30 days from the date
20of the notification, the person has failed to submit the
21necessary remittance, the Department of Financial and
22Professional Regulation shall automatically terminate the
23license or certificate or deny the application, without
24hearing. If, after termination or denial, the person seeks a
25license or certificate, he or she shall apply to the Department

 

 

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1for restoration or issuance of the license or certificate and
2pay all fees and fines due to the Department. The Department of
3Financial and Professional Regulation may establish a fee for
4the processing of an application for restoration of a license
5or certificate to pay all expenses of processing this
6application. The Secretary Director may waive the fines due
7under this Section in individual cases where the Secretary of
8the Department of Financial and Professional Regulation
9Director finds that the fines would be unreasonable or
10unnecessarily burdensome.
11(Source: P.A. 89-507, eff. 7-1-97.)
 
12    (720 ILCS 570/304)  (from Ch. 56 1/2, par. 1304)
13    Sec. 304. (a) A registration under Section 303 to
14manufacture, distribute, or dispense a controlled substance or
15purchase, store, or administer euthanasia drugs may be denied,
16refused renewal, suspended, or revoked by the Department of
17Financial and Professional Regulation, and a fine of no more
18than $10,000 per violation may be imposed on the applicant or
19regstrant, upon a finding that the applicant or registrant:
20        (1) has furnished any false or fraudulent material
21    information in any application filed under this Act; or
22        (2) has been convicted of a felony under any law of the
23    United States or any State relating to any controlled
24    substance; or
25        (3) has had suspended or revoked his or her Federal

 

 

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1    registration to manufacture, distribute, or dispense
2    controlled substances or purchase, store, or administer
3    euthanasia drugs; or
4        (4) has been convicted of bribery, perjury, or other
5    infamous crime under the laws of the United States or of
6    any State; or
7        (5) has violated any provision of this Act or any rules
8    promulgated hereunder, or any provision of the
9    Methamphetamine Precursor Control Act or rules promulgated
10    thereunder, whether or not he or she has been convicted of
11    such violation; or
12        (6) has failed to provide effective controls against
13    the diversion of controlled substances in other than
14    legitimate medical, scientific or industrial channels.
15    (b) The Department of Financial and Professional
16Regulation may limit revocation or suspension of a registration
17to the particular controlled substance with respect to which
18grounds for revocation or suspension exist.
19    (c) The Department of Financial and Professional
20Regulation shall promptly notify the Administration, the
21Department and the Illinois Department of State Police or their
22successor agencies, of all orders denying, suspending or
23revoking registration, all forfeitures of controlled
24substances, and all final court dispositions, if any, of such
25denials, suspensions, revocations or forfeitures.
26    (d) If Federal registration of any registrant is suspended,

 

 

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1revoked, refused renewal or refused issuance, then the
2Department of Financial and Professional Regulation shall
3issue a notice and conduct a hearing in accordance with Section
4305 of this Act.
5(Source: P.A. 93-626, eff. 12-23-03; 94-694, eff. 1-15-06.)
 
6    (720 ILCS 570/305)  (from Ch. 56 1/2, par. 1305)
7    Sec. 305. (a) Before denying, refusing renewal of,
8suspending, or revoking a registration, or imposing a fine on
9an applicant or registrant, the Department of Financial and
10Professional Regulation shall serve upon the applicant or
11registrant, by registered mail at the address in the
12application or registration or by any other means authorized
13under the Civil Practice Law or Rules of the Illinois Supreme
14Court for the service of summons or subpoenas, a notice of
15hearing to determine why registration should not be denied,
16refused renewal, suspended or revoked. The notice shall contain
17a statement of the basis therefor and shall call upon the
18applicant or registrant to appear before the Department of
19Financial and Professional Regulation at a reasonable time and
20place. These proceedings shall be conducted in accordance with
21Sections 2105-5, 2105-15, 2105-100, 2105-105, 2105-110,
222105-115, 2105-120, 2105-125, 2105-175, and 2105-325 of the
23Department of Professional Regulation Law (20 ILCS
242105/2105-5, 2105/2105-15, 2105/2105-100, 2105/2105-105,
252105/2105-110, 2105/2105-115, 2105/2105-120, 2105/2105-125,

 

 

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12105/2105-175, and 2105/2105-325), without regard to any
2criminal prosecution or other proceeding. Except as authorized
3in subsection (c), proceedings to refuse renewal or suspend or
4revoke registration shall not abate the existing registration,
5which shall remain in effect until the Department of Financial
6and Professional Regulation has held the hearing called for in
7the notice and found, with input from the appropriate licensure
8or disciplinary board, that the registration shall no longer
9remain in effect.
10    (b) The Secretary of the Department of Financial and
11Professional Regulation Director may appoint an attorney duly
12licensed to practice law in the State of Illinois to serve as
13the hearing officer in any action to deny, refuse to renew,
14suspend, or revoke, or take any other disciplinary action with
15regard to a registration. The hearing officer shall have full
16authority to conduct the hearing. The hearing officer shall
17report his or her findings and recommendations to the
18appropriate licensure or disciplinary board within 30 days
19after receiving the record. The Disciplinary Board shall have
2060 days from receipt of the report to review the report of the
21hearing officer and present its findings of fact, conclusions
22of law, and recommendations to the Secretary of the Department
23of Financial and Professional Regulation Director.
24    (c) If the Department of Financial and Professional
25Regulation finds that there is an imminent danger to the public
26health or safety by the continued manufacture, distribution or

 

 

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1dispensing of controlled substances by the registrant, the
2Department of Financial and Professional Regulation may, upon
3the issuance of a written ruling stating the reasons for such
4finding and without notice or hearing, suspend such registrant.
5The suspension shall continue in effect for not more than 15 14
6days during which time the registrant shall be given a hearing
7on the issues involved in the suspension. If after the hearing,
8and after input from the appropriate licensure or disciplinary
9board, the Department of Financial and Professional Regulation
10finds that the public health or safety requires the suspension
11to remain in effect it shall so remain until the ruling is
12terminated by its own terms or subsequent ruling or is
13dissolved by a circuit court upon determination that the
14suspension was wholly without basis in fact and law.
15    (d) If, after a hearing as provided in subsection (a), the
16Department of Financial and Professional Regulation finds that
17a registration should be refused renewal, suspended or revoked,
18a written ruling to that effect shall be entered. The
19Department of Financial and Professional Regulation's ruling
20shall remain in effect until the ruling is terminated by its
21own terms or subsequent ruling or is dissolved by a circuit
22court upon a determination that the refusal to renew suspension
23or revocation was wholly without basis in fact and law.
24(Source: P.A. 91-239, eff. 1-1-00.)
 
25    (720 ILCS 570/306)  (from Ch. 56 1/2, par. 1306)

 

 

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1    Sec. 306. Every practitioner and person who is required
2under this Act to be registered to manufacture, distribute or
3dispense controlled substances or purchase, store, or
4administer euthanasia drugs under this Act shall keep records
5and maintain inventories in conformance with the recordkeeping
6and inventory requirements of the laws of the United States and
7with any additional rules and forms issued by the Department of
8Financial and Professional Regulation.
9(Source: P.A. 93-626, eff. 12-23-03.)
 
10    (720 ILCS 570/309)  (from Ch. 56 1/2, par. 1309)
11    Sec. 309. On or after April 1, 2000, no person shall issue
12a prescription for a Schedule II controlled substance, which is
13a narcotic drug listed in Section 206 of this Act; or which
14contains any quantity of amphetamine or methamphetamine, their
15salts, optical isomers or salts of optical isomers;
16phenmetrazine and its salts; gluthethimide; and pentazocine,
17other than on a written prescription; provided that in the case
18of an emergency, epidemic or a sudden or unforeseen accident or
19calamity, the prescriber may issue a lawful oral prescription
20where failure to issue such a prescription might result in loss
21of life or intense suffering, but such oral prescription shall
22include a statement by the prescriber concerning the accident
23or calamity, or circumstances constituting the emergency, the
24cause for which an oral prescription was used. Within 7 days
25after issuing an emergency prescription, the prescriber shall

 

 

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1cause a written prescription for the emergency quantity
2prescribed to be delivered to the dispensing pharmacist. The
3prescription shall have written on its face "Authorization for
4Emergency Dispensing", and the date of the emergency
5prescription. The written prescription may be delivered to the
6pharmacist in person, or by mail, but if delivered by mail it
7must be postmarked within the 7-day period. Upon receipt, the
8dispensing pharmacist shall attach this prescription to the
9emergency oral prescription earlier received and reduced to
10writing. The dispensing pharmacist shall notify the Department
11of Financial and Professional Regulation Human Services if the
12prescriber fails to deliver the authorization for emergency
13dispensing on the prescription to him or her. Failure of the
14dispensing pharmacist to do so shall void the authority
15conferred by this paragraph to dispense without a written
16prescription of a prescriber. All prescriptions issued for
17Schedule II controlled substances shall include both a written
18and numerical notation of quantity on the face of the
19prescription. No prescription for a Schedule II controlled
20substance may be refilled. The Department shall provide, at no
21cost, audit reviews and necessary information to the Department
22of Financial and Professional Regulation in conjunction with
23ongoing investigations being conducted in whole or part by the
24Department of Financial and Professional Regulation.
25(Source: P.A. 95-689, eff. 10-29-07.)
 

 

 

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1    (720 ILCS 570/311.5 new)
2    Sec. 311.5. Electronic prescriptions for controlled
3substances. Notwithstanding any other Section in this Act, a
4prescriber who is otherwise authorized to prescribe controlled
5substances in Illinois may issue an electronic prescription for
6Schedule II, III, IV, and V controlled substances if done in
7accordance with the federal rules for electronic prescriptions
8for controlled substances, as set forth in 21 C.F.R. Parts
91300, 1304, 1306, and 1311, as amended.
 
10    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
11    Sec. 312. Requirements for dispensing controlled
12substances.
13    (a) A practitioner, in good faith, may dispense a Schedule
14II controlled substance, which is a narcotic drug listed in
15Section 206 of this Act; or which contains any quantity of
16amphetamine or methamphetamine, their salts, optical isomers
17or salts of optical isomers; phenmetrazine and its salts; or
18pentazocine; and Schedule III, IV, or V controlled substances
19to any person upon a written or electronic prescription of any
20prescriber, dated and signed by the person prescribing (or
21electronically validated in compliance with Section 311.5) on
22the day when issued and bearing the name and address of the
23patient for whom, or the owner of the animal for which the
24controlled substance is dispensed, and the full name, address
25and registry number under the laws of the United States

 

 

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1relating to controlled substances of the prescriber, if he or
2she is required by those laws to be registered. If the
3prescription is for an animal it shall state the species of
4animal for which it is ordered. The practitioner filling the
5prescription shall, unless otherwise permitted, write the date
6of filling and his or her own signature on the face of the
7written prescription or, alternatively, shall indicate such
8filling using a unique identifier as defined in paragraph (v)
9of Section 3 of the Pharmacy Practice Act. The written
10prescription shall be retained on file by the practitioner who
11filled it or pharmacy in which the prescription was filled for
12a period of 2 years, so as to be readily accessible for
13inspection or removal by any officer or employee engaged in the
14enforcement of this Act. Whenever the practitioner's or
15pharmacy's copy of any prescription is removed by an officer or
16employee engaged in the enforcement of this Act, for the
17purpose of investigation or as evidence, such officer or
18employee shall give to the practitioner or pharmacy a receipt
19in lieu thereof. If the specific prescription is machine or
20computer generated and printed at the prescriber's office, the
21date does not need to be handwritten. A prescription for a
22Schedule II controlled substance shall not be issued for filled
23more than a 30 day supply, except as provided in subsection
24(a-5), and shall be valid for up to 90 days after the date of
25issuance. A written prescription for Schedule III, IV or V
26controlled substances shall not be filled or refilled more than

 

 

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16 months after the date thereof or refilled more than 5 times
2unless renewed, in writing, by the prescriber.
3    (a-5) Physicians may issue multiple prescriptions (3
4sequential 30-day supplies) for the same Schedule II controlled
5substance, authorizing up to a 90-day supply. Before
6authorizing a 90-day supply of a Schedule II controlled
7substance, the physician must meet both of the following
8conditions:
9        (1) Each separate prescription must be issued for a
10    legitimate medical purpose by an individual physician
11    acting in the usual course of professional practice.
12        (2) The individual physician must provide written
13    instructions on each prescription (other than the first
14    prescription, if the prescribing physician intends for the
15    prescription to be filled immediately) indicating the
16    earliest date on which a pharmacy may fill that
17    prescription.
18    (b) In lieu of a written prescription required by this
19Section, a pharmacist, in good faith, may dispense Schedule
20III, IV, or V substances to any person either upon receiving a
21facsimile of a written, signed prescription transmitted by the
22prescriber or the prescriber's agent or upon a lawful oral
23prescription of a prescriber which oral prescription shall be
24reduced promptly to writing by the pharmacist and such written
25memorandum thereof shall be dated on the day when such oral
26prescription is received by the pharmacist and shall bear the

 

 

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1full name and address of the ultimate user for whom, or of the
2owner of the animal for which the controlled substance is
3dispensed, and the full name, address, and registry number
4under the law of the United States relating to controlled
5substances of the prescriber prescribing if he or she is
6required by those laws to be so registered, and the pharmacist
7filling such oral prescription shall write the date of filling
8and his or her own signature on the face of such written
9memorandum thereof. The facsimile copy of the prescription or
10written memorandum of the oral prescription shall be retained
11on file by the proprietor of the pharmacy in which it is filled
12for a period of not less than two years, so as to be readily
13accessible for inspection by any officer or employee engaged in
14the enforcement of this Act in the same manner as a written
15prescription. The facsimile copy of the prescription or oral
16prescription and the written memorandum thereof shall not be
17filled or refilled more than 6 months after the date thereof or
18be refilled more than 5 times, unless renewed, in writing, by
19the prescriber.
20    (c) Except for any non-prescription targeted
21methamphetamine precursor regulated by the Methamphetamine
22Precursor Control Act, a controlled substance included in
23Schedule V shall not be distributed or dispensed other than for
24a medical purpose and not for the purpose of evading this Act,
25and then:
26        (1) only personally by a person registered to dispense

 

 

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1    a Schedule V controlled substance and then only to his or
2    her patients, or
3        (2) only personally by a pharmacist, and then only to a
4    person over 21 years of age who has identified himself or
5    herself to the pharmacist by means of 2 positive documents
6    of identification.
7        (3) the dispenser shall record the name and address of
8    the purchaser, the name and quantity of the product, the
9    date and time of the sale, and the dispenser's signature.
10        (4) no person shall purchase or be dispensed more than
11    120 milliliters or more than 120 grams of any Schedule V
12    substance which contains codeine, dihydrocodeine, or any
13    salts thereof, or ethylmorphine, or any salts thereof, in
14    any 96 hour period. The purchaser shall sign a form,
15    approved by the Department of Financial and Professional
16    Regulation, attesting that he or she has not purchased any
17    Schedule V controlled substances within the immediately
18    preceding 96 hours.
19        (5) (Blank). a copy of the records of sale, including
20    all information required by paragraph (3), shall be
21    forwarded to the Department of Professional Regulation at
22    its principal office by the 15th day of the following
23    month.
24        (6) all records of purchases and sales shall be
25    maintained for not less than 2 years.
26        (7) no person shall obtain or attempt to obtain within

 

 

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1    any consecutive 96 hour period any Schedule V substances of
2    more than 120 milliliters or more than 120 grams containing
3    codeine, dihydrocodeine or any of its salts, or
4    ethylmorphine or any of its salts. Any person obtaining any
5    such preparations or combination of preparations in excess
6    of this limitation shall be in unlawful possession of such
7    controlled substance.
8        (8) a person qualified to dispense controlled
9    substances under this Act and registered thereunder shall
10    at no time maintain or keep in stock a quantity of Schedule
11    V controlled substances defined and listed in Section 212
12    (b) (1), (2) or (3) in excess of 4.5 liters for each
13    substance; a pharmacy shall at no time maintain or keep in
14    stock a quantity of Schedule V controlled substances as
15    defined in excess of 4.5 liters for each substance, plus
16    the additional quantity of controlled substances necessary
17    to fill the largest number of prescription orders filled by
18    that pharmacy for such controlled substances in any one
19    week in the previous year. These limitations shall not
20    apply to Schedule V controlled substances which Federal law
21    prohibits from being dispensed without a prescription.
22        (9) no person shall distribute or dispense butyl
23    nitrite for inhalation or other introduction into the human
24    body for euphoric or physical effect.
25    (d) Every practitioner shall keep a record or log of
26controlled substances received by him or her and a record of

 

 

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1all such controlled substances administered, dispensed or
2professionally used by him or her otherwise than by
3prescription. It shall, however, be sufficient compliance with
4this paragraph if any practitioner utilizing controlled
5substances listed in Schedules III, IV and V shall keep a
6record of all those substances dispensed and distributed by him
7or her other than those controlled substances which are
8administered by the direct application of a controlled
9substance, whether by injection, inhalation, ingestion, or any
10other means to the body of a patient or research subject. A
11practitioner who dispenses, other than by administering, a
12controlled substance in Schedule II, which is a narcotic drug
13listed in Section 206 of this Act, or which contains any
14quantity of amphetamine or methamphetamine, their salts,
15optical isomers or salts of optical isomers, pentazocine, or
16methaqualone shall do so only upon the issuance of a written
17prescription blank or electronic prescription issued by a
18prescriber.
19    (e) Whenever a manufacturer distributes a controlled
20substance in a package prepared by him or her, and whenever a
21wholesale distributor distributes a controlled substance in a
22package prepared by him or her or the manufacturer, he or she
23shall securely affix to each package in which that substance is
24contained a label showing in legible English the name and
25address of the manufacturer, the distributor and the quantity,
26kind and form of controlled substance contained therein. No

 

 

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1person except a pharmacist and only for the purposes of filling
2a prescription under this Act, shall alter, deface or remove
3any label so affixed.
4    (f) Whenever a practitioner dispenses any controlled
5substance except a non-prescription Schedule V product or a
6non-prescription targeted methamphetamine precursor regulated
7by the Methamphetamine Precursor Control Act, he or she shall
8affix to the container in which such substance is sold or
9dispensed, a label indicating the date of initial filling, the
10practitioner's name and address, the name of the patient, the
11name of the prescriber, the directions for use and cautionary
12statements, if any, contained in any prescription or required
13by law, the proprietary name or names or the established name
14of the controlled substance, and the dosage and quantity,
15except as otherwise authorized by regulation by the Department
16of Financial and Professional Regulation. No person shall
17alter, deface or remove any label so affixed as long as the
18specific medication remains in the container.
19    (g) A person to whom or for whose use any controlled
20substance has been prescribed or dispensed by a practitioner,
21or other persons authorized under this Act, and the owner of
22any animal for which such substance has been prescribed or
23dispensed by a veterinarian, may lawfully possess such
24substance only in the container in which it was delivered to
25him or her by the person dispensing such substance.
26    (h) The responsibility for the proper prescribing or

 

 

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1dispensing of controlled substances that are under the
2prescriber's direct control is upon the prescriber. The and the
3responsibility for the proper filling of a prescription for
4controlled substance drugs rests with the pharmacist. An order
5purporting to be a prescription issued to any individual, which
6is not in the regular course of professional treatment nor part
7of an authorized methadone maintenance program, nor in
8legitimate and authorized research instituted by any
9accredited hospital, educational institution, charitable
10foundation, or federal, state or local governmental agency, and
11which is intended to provide that individual with controlled
12substances sufficient to maintain that individual's or any
13other individual's physical or psychological addiction,
14habitual or customary use, dependence, or diversion of that
15controlled substance is not a prescription within the meaning
16and intent of this Act; and the person issuing it, shall be
17subject to the penalties provided for violations of the law
18relating to controlled substances.
19    (i) A prescriber shall not preprint or cause to be
20preprinted a prescription for any controlled substance; nor
21shall any practitioner issue, fill or cause to be issued or
22filled, a preprinted prescription for any controlled
23substance.
24    (i-5) A prescriber may use a machine or electronic device
25to individually generate a printed prescription, but the
26prescriber is still required to affix his or her manual

 

 

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1signature.
2    (j) No person shall manufacture, dispense, deliver,
3possess with intent to deliver, prescribe, or administer or
4cause to be administered under his or her direction any
5anabolic steroid, for any use in humans other than the
6treatment of disease in accordance with the order of a
7physician licensed to practice medicine in all its branches for
8a valid medical purpose in the course of professional practice.
9The use of anabolic steroids for the purpose of hormonal
10manipulation that is intended to increase muscle mass, strength
11or weight without a medical necessity to do so, or for the
12intended purpose of improving physical appearance or
13performance in any form of exercise, sport, or game, is not a
14valid medical purpose or in the course of professional
15practice.
16    (k) Controlled substances may be mailed if all of the
17following conditions are met:
18        (1) The controlled substances are not outwardly
19    dangerous and are not likely, of their own force, to cause
20    injury to a person's life or health.
21        (2) The inner container of a parcel containing
22    controlled substances must be marked and sealed as required
23    under this Act and its rules, and be placed in a plain
24    outer container or securely wrapped in plain paper.
25        (3) If the controlled substances consist of
26    prescription medicines, the inner container must be

 

 

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1    labeled to show the name and address of the pharmacy or
2    practitioner dispensing the prescription.
3        (4) The outside wrapper or container must be free of
4    markings that would indicate the nature of the contents.
5(Source: P.A. 96-166, eff. 1-1-10.)
 
6    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
7    Sec. 313. (a) Controlled substances which are lawfully
8administered in hospitals or institutions licensed under the
9"Hospital Licensing Act" shall be exempt from the requirements
10of Sections 312 and 316, except that the prescription for the
11controlled substance shall be in writing on the patient's
12record, signed by the prescriber, and dated, and shall state
13the name, and quantity of controlled substances ordered and the
14quantity actually administered. The records of such
15prescriptions shall be maintained for two years and shall be
16available for inspection by officers and employees of the
17Illinois Department of State Police, and the Department of
18Financial and Professional Regulation.
19    The exemption under this subsection (a) does not apply to a
20prescription (including an outpatient prescription from an
21emergency department or outpatient clinic) for more than a
2272-hour supply of a discharge medication to be consumed outside
23of the hospital or institution.
24    (b) Controlled substances that can lawfully be
25administered or dispensed directly to a patient in a long-term

 

 

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1care facility licensed by the Department of Public Health as a
2skilled nursing facility, intermediate care facility, or
3long-term care facility for residents under 22 years of age,
4are exempt from the requirements of Section 312 except that a
5prescription for a Schedule II controlled substance must be
6either a written prescription signed by the prescriber or a
7written prescription transmitted by the prescriber or
8prescriber's agent to the dispensing pharmacy by facsimile. The
9facsimile serves as the original prescription and must be
10maintained for 2 years from the date of issue in the same
11manner as a written prescription signed by the prescriber.
12    (c) A prescription that is generated written for a Schedule
13II controlled substance to be compounded for direct
14administration by parenteral, intravenous, intramuscular,
15subcutaneous, or intraspinal infusion to a patient in a private
16residence, long-term care facility, or hospice program may be
17transmitted by facsimile by the prescriber or the prescriber's
18agent to the pharmacy providing the home infusion services. The
19facsimile serves as the original written prescription for
20purposes of this paragraph (c) and it shall be maintained in
21the same manner as the original written prescription.
22    (c-1) A prescription generated written for a Schedule II
23controlled substance for a patient residing in a hospice
24certified by Medicare under Title XVIII of the Social Security
25Act or licensed by the State may be transmitted by the
26practitioner or the practitioner's agent to the dispensing

 

 

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1pharmacy by facsimile or electronically as provided in Section
2311.5. The practitioner or practitioner's agent must note on
3the prescription that the patient is a hospice patient. The
4facsimile or electronic record serves as the original written
5prescription for purposes of this paragraph (c-1) and it shall
6be maintained in the same manner as the original written
7prescription.
8    (d) Controlled substances which are lawfully administered
9and/or dispensed in drug abuse treatment programs licensed by
10the Department shall be exempt from the requirements of
11Sections 312 and 316, except that the prescription for such
12controlled substances shall be issued and authenticated on
13official prescription logs prepared and maintained in
14accordance with 77 Ill. Adm. Code 2060: Alcoholism and
15Substance Abuse Treatment and Intervention Licenses, and in
16compliance with other applicable State and federal laws. The
17Department-licensed drug treatment program shall report
18applicable prescriptions via electronic record keeping
19software approved by the Department. This software must be
20compatible with the specifications of the Department. Drug
21abuse treatment programs shall report to the Department
22methadone prescriptions or medications dispensed through the
23use of Department-approved File Transfer Protocols (FTPs).
24Methadone prescription records must be maintained in
25accordance with the applicable requirements as set forth by the
26Department in accordance with 77 Ill. Adm. Code 2060:

 

 

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1Alcoholism and Substance Abuse Treatment and Intervention
2Licenses, and in compliance with other applicable State and
3federal laws.
4    (e) Nothing in this Act shall be construed to limit the
5authority of a hospital pursuant to Section 65-45 of the Nurse
6Practice Act to grant hospital clinical privileges to an
7individual advanced practice nurse to select, order or
8administer medications, including controlled substances to
9provide services within a hospital. Nothing in this Act shall
10be construed to limit the authority of an ambulatory surgical
11treatment center pursuant to Section 65-45 of the Nurse
12Practice Act to grant ambulatory surgical treatment center
13clinical privileges to an individual advanced practice nurse to
14select, order or administer medications, including controlled
15substances to provide services within an ambulatory surgical
16treatment center supplied by the Department. The official
17prescription logs issued by the Department shall be printed in
18triplicate on distinctively marked paper and furnished to
19programs at reasonable cost. The official prescription logs
20furnished to the programs shall contain, in preprinted form,
21such information as the Department may require. The official
22prescription logs shall be properly endorsed by a physician
23licensed to practice medicine in all its branches issuing the
24order, with his own signature and the date of ordering, and
25further endorsed by the practitioner actually administering or
26dispensing the dosage at the time of such administering or

 

 

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1dispensing in accordance with requirements issued by the
2Department. The duplicate copy shall be retained by the program
3for a period of not less than three years nor more than seven
4years; the original and triplicate copy shall be returned to
5the Department at its principal office in accordance with
6requirements set forth by the Department.
7(Source: P.A. 95-442, eff. 1-1-08.)
 
8    (720 ILCS 570/314.5 new)
9    Sec. 314.5. Medication shopping; pharmacy shopping.
10    (a) It shall be unlawful for any person knowingly or
11intentionally to fraudulently obtain or fraudulently seek to
12obtain any controlled substance or prescription for a
13controlled substance from a prescriber or dispenser while being
14supplied with any controlled substance or prescription for a
15controlled substance by another prescriber or dispenser,
16without disclosing the fact of the existing controlled
17substance or prescription for a controlled substance to the
18prescriber or dispenser from whom the subsequent controlled
19substance or prescription for a controlled substance is sought.
20    (b) It shall be unlawful for a person knowingly or
21intentionally to fraudulently obtain or fraudulently seek to
22obtain any controlled substance from a pharmacy while being
23supplied with any controlled substance by another pharmacy,
24without disclosing the fact of the existing controlled
25substance to the pharmacy from which the subsequent controlled

 

 

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1substance is sought.
2    (c) A person may be in violation of Section 3.23 of the
3Illinois Food, Drug and Cosmetic Act when medication shopping
4or pharmacy shopping, or both.
5    (d) When a person has been identified as having 6 or more
6prescribers or 6 or more pharmacies, or both, that do not
7utilize a common electronic file as specified in Section 20 of
8the Pharmacy Practice Act for controlled substances within the
9course of a continuous 30-day period, the Prescription
10Monitoring Program may issue an unsolicited report to the
11prescribers informing them of the potential medication
12shopping.
13    (e) Nothing in this Section shall be construed to create a
14requirement that any prescriber, dispenser, or pharmacist
15request any patient medication disclosure, report any patient
16activity, or prescribe or refuse to prescribe or dispense any
17medications.
18    (f) This Section shall not be construed to apply to
19inpatients or residents at hospitals or other institutions or
20to institutional pharmacies.
 
21    (720 ILCS 570/316)
22    Sec. 316. Prescription Schedule II controlled substance
23prescription monitoring program.
24    (a) The Department must provide for a Schedule II
25controlled substance prescription monitoring program for

 

 

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1Schedule II, III, IV, and V controlled substances that includes
2the following components and requirements:
3        (1) The dispenser must transmit to the central
4    repository, in a form and manner specified by the
5    Department, the following information:
6            (A) The recipient's name.
7            (B) The recipient's address.
8            (C) The national drug code number of the Schedule
9        II controlled substance dispensed.
10            (D) The date the controlled substance is
11        dispensed.
12            (E) The quantity of the controlled substance
13        dispensed.
14            (F) The dispenser's United States Drug Enforcement
15        Administration registration number.
16            (G) The prescriber's United States Drug
17        Enforcement Administration registration number.
18            (H) The dates the controlled substance
19        prescription is filled.
20            (I) The payment type used to purchase the
21        controlled substance (i.e. Medicaid, cash, third party
22        insurance).
23            (J) The patient location code (i.e. home, nursing
24        home, outpatient, etc.) for the controlled substances
25        other than those filled at a retail pharmacy.
26            (K) Any additional information that may be

 

 

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1        required by the department by administrative rule,
2        including but not limited to information required for
3        compliance with the criteria for electronic reporting
4        of the American Society for Automation and Pharmacy or
5        its successor.
6        (2) The information required to be transmitted under
7    this Section must be transmitted not more than 7 days after
8    the date on which a controlled substance is dispensed, or
9    at such other time as may be required by the Department by
10    administrative rule.
11        (3) A dispenser must transmit the information required
12    under this Section by:
13            (A) an electronic device compatible with the
14        receiving device of the central repository;
15            (B) a computer diskette;
16            (C) a magnetic tape; or
17            (D) a pharmacy universal claim form or Pharmacy
18        Inventory Control form;
19        (4) The Department may impose a civil fine of up to
20    $100 per day for willful failure to report controlled
21    substance dispensing to the Prescription Monitoring
22    Program. The fine shall be calculated on no more than the
23    number of days from the time the report was required to be
24    made until the time the problem was resolved, and shall be
25    payable to the Prescription Monitoring Program.
26    that meets specifications prescribed by the Department.

 

 

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1    (b) The Department, by rule, may include in the monitoring
2program certain other select drugs that are not included in
3Schedule II, III, IV, or V. The Controlled substance
4prescription monitoring program does not apply to controlled
5substance prescriptions as exempted under Section 313.
6    (c) The collection of data on select drugs and scheduled
7substances by the Prescription Monitoring Program may be used
8as a tool for addressing oversight requirements of long-term
9care institutions as set forth by Public Act 96-1372. Long-term
10care pharmacies shall transmit patient medication profiles to
11the Prescription Monitoring Program monthly or more frequently
12as established by administrative rule.
13(Source: P.A. 95-442, eff. 1-1-08.)
 
14    (720 ILCS 570/317)
15    Sec. 317. Central repository for collection of
16information.
17    (a) The Department must designate a central repository for
18the collection of information transmitted under Section 316 and
19former Section 321.
20    (b) The central repository must do the following:
21        (1) Create a database for information required to be
22    transmitted under Section 316 in the form required under
23    rules adopted by the Department, including search
24    capability for the following:
25            (A) A recipient's name.

 

 

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1            (B) A recipient's address.
2            (C) The national drug code number of a controlled
3        substance dispensed.
4            (D) The dates a controlled substance is dispensed.
5            (E) The quantities of a controlled substance
6        dispensed.
7            (F) A dispenser's United States Drug Enforcement
8        Administration registration number.
9            (G) A prescriber's United States Drug Enforcement
10        Administration registration number.
11            (H) The dates the controlled substance
12        prescription is filled.
13            (I) The payment type used to purchase the
14        controlled substance (i.e. Medicaid, cash, third party
15        insurance).
16            (J) The patient location code (i.e. home, nursing
17        home, outpatient, etc.) for controlled substance
18        prescriptions other than those filled at a retail
19        pharmacy.
20        (2) Provide the Department with a database maintained
21    by the central repository. The Department of Financial and
22    Professional Regulation must provide the Department with
23    electronic access to the license information of a
24    prescriber or dispenser. The Department of Financial and
25    Professional Regulation may charge a fee for this access
26    not to exceed the actual cost of furnishing the

 

 

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1    information.
2        (3) Secure the information collected by the central
3    repository and the database maintained by the central
4    repository against access by unauthorized persons.
5    No fee shall be charged for access by a prescriber or
6dispenser.
7(Source: P.A. 95-442, eff. 1-1-08.)
 
8    (720 ILCS 570/318)
9    Sec. 318. Confidentiality of information.
10    (a) Information received by the central repository under
11Section 316 and former Section 321 is confidential.
12    (b) The Department must carry out a program to protect the
13confidentiality of the information described in subsection
14(a). The Department may disclose the information to another
15person only under subsection (c), (d), or (f) and may charge a
16fee not to exceed the actual cost of furnishing the
17information.
18    (c) The Department may disclose confidential information
19described in subsection (a) to any person who is engaged in
20receiving, processing, or storing the information.
21    (d) The Department may release confidential information
22described in subsection (a) to the following persons:
23        (1) A governing body that licenses practitioners and is
24    engaged in an investigation, an adjudication, or a
25    prosecution of a violation under any State or federal law

 

 

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1    that involves a controlled substance.
2        (2) An investigator for the Consumer Protection
3    Division of the office of the Attorney General, a
4    prosecuting attorney, the Attorney General, a deputy
5    Attorney General, or an investigator from the office of the
6    Attorney General, who is engaged in any of the following
7    activities involving controlled substances:
8            (A) an investigation;
9            (B) an adjudication; or
10            (C) a prosecution of a violation under any State or
11        federal law that involves a controlled substance.
12        (3) A law enforcement officer who is:
13            (A) authorized by the Illinois Department of State
14        Police or the office of a county sheriff or State's
15        Attorney or municipal police department of Illinois to
16        receive information of the type requested for the
17        purpose of investigations involving controlled
18        substances; or
19            (B) approved by the Department to receive
20        information of the type requested for the purpose of
21        investigations involving controlled substances; and
22            (C) engaged in the investigation or prosecution of
23        a violation under any State or federal law that
24        involves a controlled substance.
25    (e) Before the Department releases confidential
26information under subsection (d), the applicant must

 

 

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1demonstrate in writing to the Department that:
2        (1) the applicant has reason to believe that a
3    violation under any State or federal law that involves a
4    controlled substance has occurred; and
5        (2) the requested information is reasonably related to
6    the investigation, adjudication, or prosecution of the
7    violation described in subdivision (1).
8    (f) The Department may receive and release prescription
9record information under Section 316 and former Section 321 to:
10        (1) a governing body that licenses practitioners;
11        (2) an investigator for the Consumer Protection
12    Division of the office of the Attorney General, a
13    prosecuting attorney, the Attorney General, a deputy
14    Attorney General, or an investigator from the office of the
15    Attorney General;
16        (3) any Illinois law enforcement officer who is:
17            (A) authorized to receive the type of information
18        released; and
19            (B) approved by the Department to receive the type
20        of information released; or
21        (4) prescription monitoring entities in other states
22    per the provisions outlined in subsection (g) and (h)
23    below;
24confidential prescription record information collected under
25Sections 316 and 321 (now repealed) that identifies vendors or
26practitioners, or both, who are prescribing or dispensing large

 

 

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1quantities of Schedule II, III, IV, or V controlled substances
2outside the scope of their practice, pharmacy, or business, as
3determined by the Advisory Committee created by Section 320.
4    (g) The information described in subsection (f) may not be
5released until it has been reviewed by an employee of the
6Department who is licensed as a prescriber or a dispenser and
7until that employee has certified that further investigation is
8warranted. However, failure to comply with this subsection (g)
9does not invalidate the use of any evidence that is otherwise
10admissible in a proceeding described in subsection (h).
11    (h) An investigator or a law enforcement officer receiving
12confidential information under subsection (c), (d), or (f) may
13disclose the information to a law enforcement officer or an
14attorney for the office of the Attorney General for use as
15evidence in the following:
16        (1) A proceeding under any State or federal law that
17    involves a controlled substance.
18        (2) A criminal proceeding or a proceeding in juvenile
19    court that involves a controlled substance.
20    (i) The Department may compile statistical reports from the
21information described in subsection (a). The reports must not
22include information that identifies, by name, license or
23address, any practitioner, dispenser, ultimate user, or other
24person administering a controlled substance.
25    (j) Based upon federal, initial and maintenance funding, a
26prescriber and dispenser inquiry system shall be developed to

 

 

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1assist the health care medical community in its goal of
2effective clinical practice and to prevent patients from
3diverting or abusing medications.
4        (1) An inquirer shall have read-only access to a
5    stand-alone database which shall contain records for the
6    previous 12 6 months.
7        (2) Dispensers may, upon positive and secure
8    identification, make an inquiry on a patient or customer
9    solely for a medical purpose as delineated within the
10    federal HIPAA law.
11        (3) The Department shall provide a one-to-one secure
12    link and encrypted software necessary to establish the link
13    between an inquirer and the Department. Technical
14    assistance shall also be provided.
15        (4) Written inquiries are acceptable but must include
16    the fee and the requestor's Drug Enforcement
17    Administration license number and submitted upon the
18    requestor's business stationary.
19        (5) As directed by the Prescription Monitoring Program
20    Advisory Committee and the Clinical Director for the
21    Prescription Monitoring Program, aggregate data that does
22    not indicate any prescriber, practitioner, dispenser, or
23    patient may be used for clinical studies. No data shall be
24    stored in the database beyond 24 months.
25        (6) Tracking analysis shall be established and used per
26    administrative rule.

 

 

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1        (7) Nothing in this Act or Illinois law shall be
2    construed to require a prescriber or dispenser to make use
3    of this inquiry system.
4        (8) If there is an adverse outcome because of a
5    prescriber or dispenser making an inquiry, which is
6    initiated in good faith, the prescriber or dispenser shall
7    be held harmless from any civil liability.
8    (k) The Department shall establish, by rule, the process by
9which to evaluate possible erroneous association of
10prescriptions to any licensed prescriber or end user of the
11Illinois Prescription Information Library (PIL).
12    (l) The Prescription Monitoring Program Advisory Committee
13is authorized to evaluate the need for and method of
14establishing a patient specific identifier.
15    (m) Patients who identify prescriptions attributed to them
16that were not obtained by them shall be given access to their
17personal prescription history pursuant to the validation
18process as set forth by administrative rule.
19    (n) The Prescription Monitoring Program is authorized to
20develop operational push reports to entities with compatible
21electronic medical records. The process shall be covered within
22administrative rule established by the Department.
23    (o) Hospital emergency departments and freestanding
24healthcare facilities providing healthcare to walk-in patients
25may obtain, for the purpose of improving patient care, a unique
26identifier for each shift to utilize the PIL system.

 

 

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1(Source: P.A. 95-442, eff. 1-1-08.)
 
2    (720 ILCS 570/319)
3    Sec. 319. Rules. The Department must adopt rules under the
4Illinois Administrative Procedure Act to implement Sections
5316 through 321, including the following:
6        (1) Information collection and retrieval procedures
7    for the central repository, including the controlled
8    substances to be included in the program required under
9    Section 316 and Section 321 (now repealed).
10        (2) Design for the creation of the database required
11    under Section 317.
12        (3) Requirements for the development and installation
13    of on-line electronic access by the Department to
14    information collected by the central repository.
15(Source: P.A. 95-442, eff. 1-1-08.)
 
16    (720 ILCS 570/320)
17    Sec. 320. Advisory committee.
18    (a) The Secretary of the Department of Human Services must
19appoint an advisory committee to assist the Department in
20implementing the controlled substance prescription monitoring
21program created by Section 316 and former Section 321 of this
22Act. The Advisory Committee consists of prescribers and
23dispensers.
24    (b) The Secretary of the Department of Human Services or

 

 

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1his or her designee must determine the number of members to
2serve on the advisory committee. The Secretary must choose one
3of the members of the advisory committee to serve as chair of
4the committee.
5    (c) The advisory committee may appoint its other officers
6as it deems appropriate.
7    (d) The members of the advisory committee shall receive no
8compensation for their services as members of the advisory
9committee but may be reimbursed for their actual expenses
10incurred in serving on the advisory committee.
11    (e) The advisory committee shall:
12        (1) provide a uniform approach to reviewing this Act in
13    order to determine whether changes should be recommended to
14    the General Assembly.
15        (2) review current drug schedules in order to manage
16    changes to the administrative rules pertaining to the
17    utilization of this Act.
18(Source: P.A. 95-442, eff. 1-1-08.)
 
19    (720 ILCS 570/405)  (from Ch. 56 1/2, par. 1405)
20    Sec. 405. (a) Any person who engages in a calculated
21criminal drug conspiracy, as defined in subsection (b), is
22guilty of a Class X felony. The fine for violation of this
23Section shall not be more than $500,000, and the offender shall
24be subject to the forfeitures prescribed in subsection (c).
25    (b) For purposes of this section, a person engages in a

 

 

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1calculated criminal drug conspiracy when:
2        (1) he or she violates any of the provisions of
3    subsection (a) or (c) of Section 401 or subsection (a) of
4    Section 402; and
5        (2) such violation is a part of a conspiracy undertaken
6    or carried on with two or more other persons; and
7        (3) he or she obtains anything of value greater than
8    $500 from, or organizes, directs or finances such violation
9    or conspiracy.
10    (c) Any person who is convicted under this section of
11engaging in a calculated criminal drug conspiracy shall forfeit
12to the State of Illinois:
13        (1) the receipts obtained by him or her in such
14    conspiracy; and
15        (2) any of his or her interests in, claims against,
16    receipts from, or property or rights of any kind affording
17    a source of influence over, such conspiracy.
18    (d) The circuit court may enter such injunctions,
19restraining orders, directions or prohibitions, or to take such
20other actions, including the acceptance of satisfactory
21performance bonds, in connection with any property, claim,
22receipt, right or other interest subject to forfeiture under
23this Section, as it deems proper.
24(Source: P.A. 91-357, eff. 7-29-99.)
 
25    (720 ILCS 570/405.1)  (from Ch. 56 1/2, par. 1405.1)

 

 

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1    Sec. 405.1. (a) Elements of the offense. A person commits
2criminal drug conspiracy when, with the intent that an offense
3set forth in Section 401, Section 402, or Section 407 of this
4Act be committed, he or she agrees with another to the
5commission of that offense. No person may be convicted of
6conspiracy to commit such an offense unless an act in
7furtherance of such agreement is alleged and proved to have
8been committed by him or her or by a co-conspirator.
9    (b) Co-conspirators. It shall not be a defense to
10conspiracy that the person or persons with whom the accused is
11alleged to have conspired:
12        (1) Has not been prosecuted or convicted, or
13        (2) Has been convicted of a different offense, or
14        (3) Is not amenable to justice, or
15        (4) Has been acquitted, or
16        (5) Lacked the capacity to commit an offense.
17    (c) Sentence. A person convicted of criminal drug
18conspiracy may be fined or imprisoned or both, but any term of
19imprisonment imposed shall be not less than the minimum nor
20more than the maximum provided for the offense which is the
21object of the conspiracy.
22(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
 
23    (720 ILCS 570/406)  (from Ch. 56 1/2, par. 1406)
24    Sec. 406. (a) It is unlawful for any person:
25        (1) who is subject to Article III knowingly to

 

 

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1    distribute or dispense a controlled substance in violation
2    of Sections 308 through 314.5 314 of this Act; or
3        (2) who is a registrant, to manufacture a controlled
4    substance not authorized by his or her registration, or to
5    distribute or dispense a controlled substance not
6    authorized by his or her registration to another registrant
7    or other authorized person; or
8        (3) to refuse or fail to make, keep or furnish any
9    record, notification, order form, statement, invoice or
10    information required under this Act; or
11        (4) to refuse an entry into any premises for any
12    inspection authorized by this Act; or
13        (5) knowingly to keep or maintain any store, shop,
14    warehouse, dwelling, building, vehicle, boat, aircraft, or
15    other structure or place, which is resorted to by a person
16    unlawfully possessing controlled substances, or which is
17    used for possessing, manufacturing, dispensing or
18    distributing controlled substances in violation of this
19    Act.
20    Any person who violates this subsection (a) is guilty of a
21Class A misdemeanor for the first offense and a Class 4 felony
22for each subsequent offense. The fine for each subsequent
23offense shall not be more than $100,000. In addition, any
24practitioner who is found guilty of violating this subsection
25(a) is subject to suspension and revocation of his or her
26professional license, in accordance with such procedures as are

 

 

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1provided by law for the taking of disciplinary action with
2regard to the license of said practitioner's profession.
3    (b) It is unlawful for any person knowingly:
4        (1) to distribute, as a registrant, a controlled
5    substance classified in Schedule I or II, except pursuant
6    to an order form as required by Section 307 of this Act; or
7        (2) to use, in the course of the manufacture or
8    distribution of a controlled substance, a registration
9    number which is fictitious, revoked, suspended, or issued
10    to another person; or
11        (3) to acquire or obtain possession of a controlled
12    substance by misrepresentation, fraud, forgery, deception
13    or subterfuge; or
14        (4) to furnish false or fraudulent material
15    information in, or omit any material information from, any
16    application, report or other document required to be kept
17    or filed under this Act, or any record required to be kept
18    by this Act; or
19        (5) to make, distribute or possess any punch, die,
20    plate, stone or other thing designed to print, imprint or
21    reproduce the trademark, trade name or other identifying
22    mark, imprint or device of another, or any likeness of any
23    of the foregoing, upon any controlled substance or
24    container or labeling thereof so as to render the drug a
25    counterfeit substance; or
26        (6) (blank); or

 

 

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1        (7) (blank).
2    Any person who violates this subsection (b) is guilty of a
3Class 4 felony for the first offense and a Class 3 felony for
4each subsequent offense. The fine for the first offense shall
5be not more than $100,000. The fine for each subsequent offense
6shall not be more than $200,000.
7    (c) A person who knowingly or intentionally violates
8Section 316, 317, 318, or 319 is guilty of a Class A
9misdemeanor.
10(Source: P.A. 95-487, eff. 1-1-08.)
 
11    (720 ILCS 570/408)  (from Ch. 56 1/2, par. 1408)
12    Sec. 408.
13    (a) Any person convicted of a second or subsequent offense
14under this Act may be sentenced to imprisonment for a term up
15to twice the maximum term otherwise authorized, fined an amount
16up to twice that otherwise authorized, or both.
17    (b) For purposes of this Section, an offense is considered
18a second or subsequent offense, if, prior to his or her
19conviction of the offense, the offender has at any time been
20convicted under this Act or under any law of the United States
21or of any State relating to controlled substances.
22(Source: P.A. 78-255.)
 
23    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
24    Sec. 410. (a) Whenever any person who has not previously

 

 

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1been convicted of, or placed on probation or court supervision
2for any offense under this Act or any law of the United States
3or of any State relating to cannabis or controlled substances,
4pleads guilty to or is found guilty of possession of a
5controlled or counterfeit substance under subsection (c) of
6Section 402 or of unauthorized possession of prescription form
7under Section 406.2, the court, without entering a judgment and
8with the consent of such person, may sentence him or her to
9probation.
10    (b) When a person is placed on probation, the court shall
11enter an order specifying a period of probation of 24 months
12and shall defer further proceedings in the case until the
13conclusion of the period or until the filing of a petition
14alleging violation of a term or condition of probation.
15    (c) The conditions of probation shall be that the person:
16(1) not violate any criminal statute of any jurisdiction; (2)
17refrain from possessing a firearm or other dangerous weapon;
18(3) submit to periodic drug testing at a time and in a manner
19as ordered by the court, but no less than 3 times during the
20period of the probation, with the cost of the testing to be
21paid by the probationer; and (4) perform no less than 30 hours
22of community service, provided community service is available
23in the jurisdiction and is funded and approved by the county
24board.
25    (d) The court may, in addition to other conditions, require
26that the person:

 

 

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1        (1) make a report to and appear in person before or
2    participate with the court or such courts, person, or
3    social service agency as directed by the court in the order
4    of probation;
5        (2) pay a fine and costs;
6        (3) work or pursue a course of study or vocational
7    training;
8        (4) undergo medical or psychiatric treatment; or
9    treatment or rehabilitation approved by the Illinois
10    Department of Human Services;
11        (5) attend or reside in a facility established for the
12    instruction or residence of defendants on probation;
13        (6) support his or her dependents;
14        (6-5) refrain from having in his or her body the
15    presence of any illicit drug prohibited by the Cannabis
16    Control Act, the Illinois Controlled Substances Act, or the
17    Methamphetamine Control and Community Protection Act,
18    unless prescribed by a physician, and submit samples of his
19    or her blood or urine or both for tests to determine the
20    presence of any illicit drug;
21        (7) and in addition, if a minor:
22            (i) reside with his or her parents or in a foster
23        home;
24            (ii) attend school;
25            (iii) attend a non-residential program for youth;
26            (iv) contribute to his or her own support at home

 

 

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1        or in a foster home.
2    (e) Upon violation of a term or condition of probation, the
3court may enter a judgment on its original finding of guilt and
4proceed as otherwise provided.
5    (f) Upon fulfillment of the terms and conditions of
6probation, the court shall discharge the person and dismiss the
7proceedings against him or her.
8    (g) A disposition of probation is considered to be a
9conviction for the purposes of imposing the conditions of
10probation and for appeal, however, discharge and dismissal
11under this Section is not a conviction for purposes of this Act
12or for purposes of disqualifications or disabilities imposed by
13law upon conviction of a crime.
14    (h) There may be only one discharge and dismissal under
15this Section, Section 10 of the Cannabis Control Act, or
16Section 70 of the Methamphetamine Control and Community
17Protection Act with respect to any person.
18    (i) If a person is convicted of an offense under this Act,
19the Cannabis Control Act, or the Methamphetamine Control and
20Community Protection Act within 5 years subsequent to a
21discharge and dismissal under this Section, the discharge and
22dismissal under this Section shall be admissible in the
23sentencing proceeding for that conviction as evidence in
24aggravation.
25(Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
 

 

 

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1    (720 ILCS 570/411.2)  (from Ch. 56 1/2, par. 1411.2)
2    Sec. 411.2. (a) Every person convicted of a violation of
3this Act, and every person placed on probation, conditional
4discharge, supervision or probation under Section 410 of this
5Act, shall be assessed for each offense a sum fixed at:
6        (1) $3,000 for a Class X felony;
7        (2) $2,000 for a Class 1 felony;
8        (3) $1,000 for a Class 2 felony;
9        (4) $500 for a Class 3 or Class 4 felony;
10        (5) $300 for a Class A misdemeanor;
11        (6) $200 for a Class B or Class C misdemeanor.
12    (b) The assessment under this Section is in addition to and
13not in lieu of any fines, restitution costs, forfeitures or
14other assessments authorized or required by law.
15    (c) As a condition of the assessment, the court may require
16that payment be made in specified installments or within a
17specified period of time. If the assessment is not paid within
18the period of probation, conditional discharge or supervision
19to which the defendant was originally sentenced, the court may
20extend the period of probation, conditional discharge or
21supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
22Code of Corrections, as applicable, until the assessment is
23paid or until successful completion of public or community
24service set forth in subsection (e) or the successful
25completion of the substance abuse intervention or treatment
26program set forth in subsection (f). If a term of probation,

 

 

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1conditional discharge or supervision is not imposed, the
2assessment shall be payable upon judgment or as directed by the
3court.
4    (d) If an assessment for a violation of this Act is imposed
5on an organization, it is the duty of each individual
6authorized to make disbursements of the assets of the
7organization to pay the assessment from assets of the
8organization.
9    (e) A defendant who has been ordered to pay an assessment
10may petition the court to convert all or part of the assessment
11into court-approved public or community service. One hour of
12public or community service shall be equivalent to $4 of
13assessment. The performance of this public or community service
14shall be a condition of the probation, conditional discharge or
15supervision and shall be in addition to the performance of any
16other period of public or community service ordered by the
17court or required by law.
18    (f) The court may suspend the collection of the assessment
19imposed under this Section; provided the defendant agrees to
20enter a substance abuse intervention or treatment program
21approved by the court; and further provided that the defendant
22agrees to pay for all or some portion of the costs associated
23with the intervention or treatment program. In this case, the
24collection of the assessment imposed under this Section shall
25be suspended during the defendant's participation in the
26approved intervention or treatment program. Upon successful

 

 

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1completion of the program, the defendant may apply to the court
2to reduce the assessment imposed under this Section by any
3amount actually paid by the defendant for his or her
4participation in the program. The court shall not reduce the
5penalty under this subsection unless the defendant establishes
6to the satisfaction of the court that he or she has
7successfully completed the intervention or treatment program.
8If the defendant's participation is for any reason terminated
9before his or her successful completion of the intervention or
10treatment program, collection of the entire assessment imposed
11under this Section shall be enforced. Nothing in this Section
12shall be deemed to affect or suspend any other fines,
13restitution costs, forfeitures or assessments imposed under
14this or any other Act.
15    (g) The court shall not impose more than one assessment per
16complaint, indictment or information. If the person is
17convicted of more than one offense in a complaint, indictment
18or information, the assessment shall be based on the highest
19class offense for which the person is convicted.
20    (h) In counties under 3,000,000, all moneys collected under
21this Section shall be forwarded by the clerk of the circuit
22court to the State Treasurer for deposit in the Drug Treatment
23Fund, which is hereby established as a special fund within the
24State Treasury. The Department of Human Services may make
25grants to persons licensed under Section 15-10 of the
26Alcoholism and Other Drug Abuse and Dependency Act or to

 

 

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1municipalities or counties from funds appropriated to the
2Department from the Drug Treatment Fund for the treatment of
3pregnant women who are addicted to alcohol, cannabis or
4controlled substances and for the needed care of minor,
5unemancipated children of women undergoing residential drug
6treatment. If the Department of Human Services grants funds to
7a municipality or a county that the Department determines is
8not experiencing a problem with pregnant women addicted to
9alcohol, cannabis or controlled substances, or with care for
10minor, unemancipated children of women undergoing residential
11drug treatment, or intervention, the funds shall be used for
12the treatment of any person addicted to alcohol, cannabis or
13controlled substances. The Department may adopt such rules as
14it deems appropriate for the administration of such grants.
15    (i) In counties over 3,000,000, all moneys collected under
16this Section shall be forwarded to the County Treasurer for
17deposit into the County Health Fund. The County Treasurer
18shall, no later than the 15th day of each month, forward to the
19State Treasurer 30 percent of all moneys collected under this
20Act and received into the County Health Fund since the prior
21remittance to the State Treasurer. Funds retained by the County
22shall be used for community-based treatment of pregnant women
23who are addicted to alcohol, cannabis, or controlled substances
24or for the needed care of minor, unemancipated children of
25these women. Funds forwarded to the State Treasurer shall be
26deposited into the State Drug Treatment Fund maintained by the

 

 

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1State Treasurer from which the Department of Human Services may
2make grants to persons licensed under Section 15-10 of the
3Alcoholism and Other Drug Abuse and Dependency Act or to
4municipalities or counties from funds appropriated to the
5Department from the Drug Treatment Fund, provided that the
6moneys collected from each county be returned proportionately
7to the counties through grants to licensees located within the
8county from which the assessment was received and moneys in the
9State Drug Treatment Fund shall not supplant other local, State
10or federal funds. If the Department of Human Services grants
11funds to a municipality or county that the Department
12determines is not experiencing a problem with pregnant women
13addicted to alcohol, cannabis or controlled substances, or with
14care for minor, unemancipated children or women undergoing
15residential drug treatment, the funds shall be used for the
16treatment of any person addicted to alcohol, cannabis or
17controlled substances. The Department may adopt such rules as
18it deems appropriate for the administration of such grants.
19(Source: P.A. 88-670, eff. 12-2-94; 89-215, eff. 1-1-96;
2089-507, eff. 7-1-97.)
 
21    (720 ILCS 570/413)  (from Ch. 56 1/2, par. 1413)
22    Sec. 413. (a) Twelve and one-half percent of all amounts
23collected as fines pursuant to the provisions of this Article
24shall be paid into the Youth Drug Abuse Prevention Fund, which
25is hereby created in the State treasury, to be used by the

 

 

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1Department for the funding of programs and services for
2drug-abuse treatment, and prevention and education services,
3for juveniles.
4    (b) Eighty-seven and one-half percent of the proceeds of
5all fines received under the provisions of this Article shall
6be transmitted to and deposited in the treasurer's office at
7the level of government as follows:
8        (1) If such seizure was made by a combination of law
9    enforcement personnel representing differing units of
10    local government, the court levying the fine shall
11    equitably allocate 50% of the fine among these units of
12    local government and shall allocate 37 1/2% to the county
13    general corporate fund. In the event that the seizure was
14    made by law enforcement personnel representing a unit of
15    local government from a municipality where the number of
16    inhabitants exceeds 2 million in population, the court
17    levying the fine shall allocate 87 1/2% of the fine to that
18    unit of local government. If the seizure was made by a
19    combination of law enforcement personnel representing
20    differing units of local government, and at least one of
21    those units represents a municipality where the number of
22    inhabitants exceeds 2 million in population, the court
23    shall equitably allocate 87 1/2% of the proceeds of the
24    fines received among the differing units of local
25    government.
26        (2) If such seizure was made by State law enforcement

 

 

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1    personnel, then the court shall allocate 37 1/2% to the
2    State treasury and 50% to the county general corporate
3    fund.
4        (3) If a State law enforcement agency in combination
5    with a law enforcement agency or agencies of a unit or
6    units of local government conducted the seizure, the court
7    shall equitably allocate 37 1/2% of the fines to or among
8    the law enforcement agency or agencies of the unit or units
9    of local government which conducted the seizure and shall
10    allocate 50% to the county general corporate fund.
11    (c) The proceeds of all fines allocated to the law
12enforcement agency or agencies of the unit or units of local
13government pursuant to subsection (b) shall be made available
14to that law enforcement agency as expendable receipts for use
15in the enforcement of laws regulating cannabis,
16methamphetamine, and other controlled substances. The proceeds
17of fines awarded to the State treasury shall be deposited in a
18special fund known as the Drug Traffic Prevention Fund, except
19that amounts distributed to the Secretary of State shall be
20deposited into the Secretary of State Evidence Fund to be used
21as provided in Section 2-115 of the Illinois Vehicle Code.
22Monies from this fund may be used by the Illinois Department of
23State Police or use in the enforcement of laws regulating
24cannabis, methamphetamine, and other controlled substances; to
25satisfy funding provisions of the Intergovernmental Drug Laws
26Enforcement Act; to defray costs and expenses associated with

 

 

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1returning violators of the Cannabis Control Act and this Act
2only, as provided in those Acts, when punishment of the crime
3shall be confinement of the criminal in the penitentiary; and
4all other monies shall be paid into the general revenue fund in
5the State treasury.
6(Source: P.A. 94-556, eff. 9-11-05.)
 
7    (720 ILCS 570/501)  (from Ch. 56 1/2, par. 1501)
8    Sec. 501. (a) It is hereby made the duty of the Department
9of Financial and Professional Regulation and the Illinois
10Department of State Police, and their agents, officers, and
11investigators, to enforce all provisions of this Act, except
12those specifically delegated, and to cooperate with all
13agencies charged with the enforcement of the laws of the United
14States, or of any State, relating to controlled substances.
15Only an agent, officer, or investigator designated by the
16Secretary of the Department of Financial and Professional
17Regulation or the Director of the Illinois State Police may:
18(1) for the purpose of inspecting, copying, and verifying the
19correctness of records, reports or other documents required to
20be kept or made under this Act and otherwise facilitating the
21execution of the functions of the Department of Financial and
22Professional Regulation or the Illinois Department of State
23Police, be authorized in accordance with this Section to enter
24controlled premises and to conduct administrative inspections
25thereof and of the things specified; or (2) execute and serve

 

 

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1administrative inspection notices, warrants, subpoenas, and
2summonses under the authority of this State. Any inspection or
3administrative entry of persons licensed by the Department
4shall be made in accordance with subsection (bb) of Section
530-5 of the Alcoholism and Other Drug Abuse and Dependency Act
6and the rules and regulations promulgated thereunder.
7    (b) Administrative entries and inspections designated in
8clause (1) of subsection (a) shall be carried out through
9agents, officers, investigators and peace officers
10(hereinafter referred to as "inspectors") designated by the
11Secretary of the Department of Financial and Professional
12Regulation Director. Any inspector, upon stating his or her
13purpose and presenting to the owner, operator, or agent in
14charge of the premises (1) appropriate credentials and (2) a
15written notice of his or her inspection authority (which
16notice, in the case of an inspection requiring or in fact
17supported by an administrative inspection warrant, shall
18consist of that warrant), shall have the right to enter the
19premises and conduct the inspection at reasonable times.
20    Inspectors appointed before the effective date of this
21amendatory Act of the 97th General Assembly by the Secretary of
22Financial and Professional Regulation Director under this
23Section 501 are conservators of the peace and as such have all
24the powers possessed by policemen in municipalities cities and
25by sheriffs, except that they may exercise such powers anywhere
26in the State.

 

 

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1    A Chief of Investigations of the Department of Financial
2and Professional Regulation's Division of Professional
3Regulation appointed by the Secretary of Financial and
4Professional Regulation on or after the effective date of this
5amendatory Act of the 97th General Assembly is a conservator of
6the peace and as such has all the powers possessed by policemen
7in municipalities and by sheriffs, except that he or she may
8exercise such powers anywhere in the State. Any other employee
9of the Department of Financial and Professional Regulation
10appointed by the Secretary of Financial and Professional
11Regulation or by the Director of Professional Regulation on or
12after the effective date of this amendatory Act of the 97th
13General Assembly under this Section 501 is not a conservator of
14the peace.
15    (c) Except as may otherwise be indicated in an applicable
16inspection warrant, the inspector shall have the right:
17        (1) to inspect and copy records, reports and other
18    documents required to be kept or made under this Act;
19        (2) to inspect, within reasonable limits and in a
20    reasonable manner, controlled premises and all pertinent
21    equipment, finished and unfinished drugs and other
22    substances or materials, containers and labeling found
23    therein, and all other things therein (including records,
24    files, papers, processes, controls and facilities)
25    appropriate for verification of the records, reports and
26    documents referred to in item (1) or otherwise bearing on

 

 

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1    the provisions of this Act; and
2        (3) to inventory any stock of any controlled substance.
3    (d) Except when the owner, operator, or agent in charge of
4the controlled premises so consents in writing, no inspection
5authorized by this Section shall extend to:
6        (1) financial data;
7        (2) sales data other than shipment data; or
8        (3) pricing data.
9    Any inspection or administrative entry of persons licensed
10by the Department shall be made in accordance with subsection
11(bb) of Section 30-5 of the Alcoholism and Other Drug Abuse and
12Dependency Act and the rules and regulations promulgated
13thereunder.
14    (e) Any agent, officer, investigator or peace officer
15designated by the Secretary of the Department of Financial and
16Professional Regulation Director may (1) make seizure of
17property pursuant to the provisions of this Act; and (2)
18perform such other law enforcement duties as the Secretary
19Director shall designate. It is hereby made the duty of all
20State's Attorneys to prosecute violations of this Act and
21institute legal proceedings as authorized under this Act.
22(Source: P.A. 88-670, eff. 12-2-94; 89-202, eff. 10-1-95.)
 
23    (720 ILCS 570/501.1)  (from Ch. 56 1/2, par. 1501.1)
24    Sec. 501.1. Administrative Procedure Act. The Illinois
25Administrative Procedure Act is hereby expressly adopted and

 

 

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1incorporated herein, but shall apply only to the Department of
2Financial and Professional Regulation, as if all of the
3provisions of that Act were included in this Act, except that
4the provision of subsection (d) of Section 10-65 of the
5Illinois Administrative Procedure Act which provides that at
6hearings the licensee has the right to show compliance with all
7lawful requirements for retention, continuation or renewal of
8the license is specifically excluded. For the purposes of this
9Act the notice required under Section 10-25 of the Illinois
10Administrative Procedure Act is deemed sufficient when mailed
11to the last known address of a party.
12(Source: P.A. 88-45.)
 
13    (720 ILCS 570/503)  (from Ch. 56 1/2, par. 1503)
14    Sec. 503. In addition to any other remedies, the Director
15or the Secretary of the Department of Financial and
16Professional Regulation is authorized to file a complaint and
17apply to any circuit court for, and such circuit court may upon
18hearing and for cause shown, grant a temporary restraining
19order or a preliminary or permanent injunction, without bond,
20restraining any person from violating this Act whether or not
21there exists other judicial remedies.
22(Source: P.A. 83-342.)
 
23    (720 ILCS 570/504)  (from Ch. 56 1/2, par. 1504)
24    Sec. 504. (a) The Director and the Secretary of the

 

 

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1Department of Financial and Professional Regulation shall each
2cooperate with Federal agencies and other State agencies in
3discharging his or her responsibilities concerning traffic in
4controlled substances and in suppressing the misuse and abuse
5of controlled substances. To this end he or she may:
6    (1) arrange for the exchange of information among
7governmental officials concerning the use, misuse and abuse of
8controlled substances;
9    (2) coordinate and cooperate in training programs
10concerning controlled substance law enforcement at local and
11State levels;
12    (3) cooperate with the federal Drug Enforcement
13Administration or its successor agency; and
14    (4) conduct programs of eradication aimed at destroying
15wild illicit growth of plant species from which controlled
16substances may be extracted.
17    (b) Results, information, and evidence received from the
18Drug Enforcement Administration relating to the regulatory
19functions of this Act, including results of inspections
20conducted by it may be relied and acted upon by the Director
21and the Secretary of the Department of Financial and
22Professional Regulation in the exercise of their his regulatory
23functions under this Act.
24(Source: P.A. 84-874.)
 
25    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)

 

 

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1    Sec. 505. (a) The following are subject to forfeiture:
2        (1) all substances which have been manufactured,
3    distributed, dispensed, or possessed in violation of this
4    Act;
5        (2) all raw materials, products and equipment of any
6    kind which are used, or intended for use in manufacturing,
7    distributing, dispensing, administering or possessing any
8    substance in violation of this Act;
9        (3) all conveyances, including aircraft, vehicles or
10    vessels, which are used, or intended for use, to transport,
11    or in any manner to facilitate the transportation, sale,
12    receipt, possession, or concealment of property described
13    in paragraphs (1) and (2), but:
14            (i) no conveyance used by any person as a common
15        carrier in the transaction of business as a common
16        carrier is subject to forfeiture under this Section
17        unless it appears that the owner or other person in
18        charge of the conveyance is a consenting party or privy
19        to a violation of this Act;
20            (ii) no conveyance is subject to forfeiture under
21        this Section by reason of any act or omission which the
22        owner proves to have been committed or omitted without
23        his or her knowledge or consent;
24            (iii) a forfeiture of a conveyance encumbered by a
25        bona fide security interest is subject to the interest
26        of the secured party if he or she neither had knowledge

 

 

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1        of nor consented to the act or omission;
2        (4) all money, things of value, books, records, and
3    research products and materials including formulas,
4    microfilm, tapes, and data which are used, or intended to
5    be used in violation of this Act;
6        (5) everything of value furnished, or intended to be
7    furnished, in exchange for a substance in violation of this
8    Act, all proceeds traceable to such an exchange, and all
9    moneys, negotiable instruments, and securities used, or
10    intended to be used, to commit or in any manner to
11    facilitate any violation of this Act;
12        (6) all real property, including any right, title, and
13    interest (including, but not limited to, any leasehold
14    interest or the beneficial interest in a land trust) in the
15    whole of any lot or tract of land and any appurtenances or
16    improvements, which is used or intended to be used, in any
17    manner or part, to commit, or in any manner to facilitate
18    the commission of, any violation or act that constitutes a
19    violation of Section 401 or 405 of this Act or that is the
20    proceeds of any violation or act that constitutes a
21    violation of Section 401 or 405 of this Act.
22    (b) Property subject to forfeiture under this Act may be
23seized by the Director or any peace officer upon process or
24seizure warrant issued by any court having jurisdiction over
25the property. Seizure by the Director or any peace officer
26without process may be made:

 

 

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1        (1) if the seizure is incident to inspection under an
2    administrative inspection warrant;
3        (2) if the property subject to seizure has been the
4    subject of a prior judgment in favor of the State in a
5    criminal proceeding, or in an injunction or forfeiture
6    proceeding based upon this Act or the Drug Asset Forfeiture
7    Procedure Act;
8        (3) if there is probable cause to believe that the
9    property is directly or indirectly dangerous to health or
10    safety;
11        (4) if there is probable cause to believe that the
12    property is subject to forfeiture under this Act and the
13    property is seized under circumstances in which a
14    warrantless seizure or arrest would be reasonable; or
15        (5) in accordance with the Code of Criminal Procedure
16    of 1963.
17    (c) In the event of seizure pursuant to subsection (b),
18forfeiture proceedings shall be instituted in accordance with
19the Drug Asset Forfeiture Procedure Act.
20    (d) Property taken or detained under this Section shall not
21be subject to replevin, but is deemed to be in the custody of
22the Director subject only to the order and judgments of the
23circuit court having jurisdiction over the forfeiture
24proceedings and the decisions of the State's Attorney under the
25Drug Asset Forfeiture Procedure Act. When property is seized
26under this Act, the seizing agency shall promptly conduct an

 

 

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1inventory of the seized property and estimate the property's
2value, and shall forward a copy of the inventory of seized
3property and the estimate of the property's value to the
4Director. Upon receiving notice of seizure, the Director may:
5        (1) place the property under seal;
6        (2) remove the property to a place designated by the
7    Director;
8        (3) keep the property in the possession of the seizing
9    agency;
10        (4) remove the property to a storage area for
11    safekeeping or, if the property is a negotiable instrument
12    or money and is not needed for evidentiary purposes,
13    deposit it in an interest bearing account;
14        (5) place the property under constructive seizure by
15    posting notice of pending forfeiture on it, by giving
16    notice of pending forfeiture to its owners and interest
17    holders, or by filing notice of pending forfeiture in any
18    appropriate public record relating to the property; or
19        (6) provide for another agency or custodian, including
20    an owner, secured party, or lienholder, to take custody of
21    the property upon the terms and conditions set by the
22    Director.
23    (e) If the Department of Financial and Professional
24Regulation suspends or revokes a registration, all controlled
25substances owned or possessed by the registrant at the time of
26suspension or the effective date of the revocation order may be

 

 

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1placed under seal by the Director. No disposition may be made
2of substances under seal until the time for taking an appeal
3has elapsed or until all appeals have been concluded unless a
4court, upon application therefor, orders the sale of perishable
5substances and the deposit of the proceeds of the sale with the
6court. Upon a suspension or revocation order rule becoming
7final, all substances may be forfeited to the Illinois State
8Police Department of Professional Regulation.
9    (f) When property is forfeited under this Act the Director
10shall sell all such property unless such property is required
11by law to be destroyed or is harmful to the public, and shall
12distribute the proceeds of the sale, together with any moneys
13forfeited or seized, in accordance with subsection (g).
14However, upon the application of the seizing agency or
15prosecutor who was responsible for the investigation, arrest or
16arrests and prosecution which lead to the forfeiture, the
17Director may return any item of forfeited property to the
18seizing agency or prosecutor for official use in the
19enforcement of laws relating to cannabis or controlled
20substances, if the agency or prosecutor can demonstrate that
21the item requested would be useful to the agency or prosecutor
22in their enforcement efforts. When any forfeited conveyance,
23including an aircraft, vehicle, or vessel, is returned to the
24seizing agency or prosecutor, the conveyance may be used
25immediately in the enforcement of the criminal laws of this
26State. Upon disposal, all proceeds from the sale of the

 

 

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1conveyance must be used for drug enforcement purposes. When any
2real property returned to the seizing agency is sold by the
3agency or its unit of government, the proceeds of the sale
4shall be delivered to the Director and distributed in
5accordance with subsection (g).
6    (g) All monies and the sale proceeds of all other property
7forfeited and seized under this Act shall be distributed as
8follows:
9        (1) 65% shall be distributed to the metropolitan
10    enforcement group, local, municipal, county, or state law
11    enforcement agency or agencies which conducted or
12    participated in the investigation resulting in the
13    forfeiture. The distribution shall bear a reasonable
14    relationship to the degree of direct participation of the
15    law enforcement agency in the effort resulting in the
16    forfeiture, taking into account the total value of the
17    property forfeited and the total law enforcement effort
18    with respect to the violation of the law upon which the
19    forfeiture is based. Amounts distributed to the agency or
20    agencies shall be used for the enforcement of laws
21    governing cannabis and controlled substances or for
22    security cameras used for the prevention or detection of
23    violence, except that amounts distributed to the Secretary
24    of State shall be deposited into the Secretary of State
25    Evidence Fund to be used as provided in Section 2-115 of
26    the Illinois Vehicle Code.

 

 

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1        (2)(i) 12.5% shall be distributed to the Office of the
2    State's Attorney of the county in which the prosecution
3    resulting in the forfeiture was instituted, deposited in a
4    special fund in the county treasury and appropriated to the
5    State's Attorney for use in the enforcement of laws
6    governing cannabis and controlled substances. In counties
7    over 3,000,000 population, 25% will be distributed to the
8    Office of the State's Attorney for use in the enforcement
9    of laws governing cannabis and controlled substances. If
10    the prosecution is undertaken solely by the Attorney
11    General, the portion provided hereunder shall be
12    distributed to the Attorney General for use in the
13    enforcement of laws governing cannabis and controlled
14    substances.
15        (ii) 12.5% shall be distributed to the Office of the
16    State's Attorneys Appellate Prosecutor and deposited in
17    the Narcotics Profit Forfeiture Fund of that office to be
18    used for additional expenses incurred in the
19    investigation, prosecution and appeal of cases arising
20    under laws governing cannabis and controlled substances.
21    The Office of the State's Attorneys Appellate Prosecutor
22    shall not receive distribution from cases brought in
23    counties with over 3,000,000 population.
24        (3) 10% shall be retained by the Department of State
25    Police for expenses related to the administration and sale
26    of seized and forfeited property.

 

 

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1    (h) Species of plants from which controlled substances in
2Schedules I and II may be derived which have been planted or
3cultivated in violation of this Act, or of which the owners or
4cultivators are unknown, or which are wild growths, may be
5seized and summarily forfeited to the State. The failure, upon
6demand by the Director or any peace officer, of the person in
7occupancy or in control of land or premises upon which the
8species of plants are growing or being stored, to produce
9registration, or proof that he or she is the holder thereof,
10constitutes authority for the seizure and forfeiture of the
11plants.
12(Source: P.A. 94-1004, eff. 7-3-06.)
 
13    (720 ILCS 570/507)  (from Ch. 56 1/2, par. 1507)
14    Sec. 507. All rulings, final determinations, findings, and
15conclusions of the Illinois Department of State Police, the
16Department of Financial and Professional Regulation, and the
17Department of Human Services of the State of Illinois under
18this Act are final and conclusive decisions of the matters
19involved. Any person aggrieved by the decision may obtain
20review of the decision pursuant to the provisions of the
21Administrative Review Law, as amended and the rules adopted
22pursuant thereto. Pending final decision on such review, the
23acts, orders and rulings of the Department shall remain in full
24force and effect unless modified or suspended by order of court
25pending final judicial decision. Pending final decision on such

 

 

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1review, the acts, orders, sanctions and rulings of the
2Department of Financial and Professional Regulation regarding
3any registration shall remain in full force and effect, unless
4stayed by order of court. However, no stay of any decision of
5the administrative agency shall issue unless the person
6aggrieved by the decision establishes by a preponderance of the
7evidence that good cause exists therefor. In determining good
8cause, the court shall find that the aggrieved party has
9established a substantial likelihood of prevailing on the
10merits and that granting the stay will not have an injurious
11effect on the general public. Good cause shall not be
12established solely on the basis of hardships resulting from an
13inability to engage in the registered activity pending a final
14judicial decision.
15(Source: P.A. 89-507, eff. 7-1-97.)
 
16    (720 ILCS 570/507.2 new)
17    Sec. 507.2. Rulemaking authority. The Department of Human
18Services is granted rulemaking authority concerning
19implementation, maintenance, and compliance with the
20Prescription Monitoring Program.
 
21    (720 ILCS 570/510)
22    Sec. 510. Preservation of evidence for laboratory testing.
23    (a) Before or after the trial in a prosecution for a
24violation of any Section of Article IV of this Act, a law

 

 

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1enforcement agency or an agent acting on behalf of the law
2enforcement agency must preserve, subject to a continuous chain
3of custody, not less than:
4        (1) 2 kilograms of any substance containing a
5    detectable amount of heroin;
6        (2) 10 kilograms of any substance containing a
7    detectable amount of: (A) coca leaves, except coca leaves
8    and extract of coca leaves from which cocaine, ecgonine,
9    and derivatives of ecgonine or their salts have been
10    removed; (B) cocaine, its salts, optical and geometric
11    isomers, and salts of isomers; (C) ecgonine, its
12    derivatives, their salts, isomers, and salts of isomers; or
13    (D) any combination of the substances described in
14    subdivisions (A) through (C) of this paragraph (a)(2);
15        (3) 10 kilograms of a mixture of substances described
16    in subdivision (B) of paragraph (a)(2) that contains a
17    cocaine base;
18        (4) 200 grams of phencyclidine (also referred to as
19    "PCP") or 2 kilograms of any substance containing a
20    detectable amount of phencyclidine;
21        (5) 20 grams of any substance containing a detectable
22    amount of lysergic acid diethylamide (also referred to as
23    "LSD");
24        (6) 800 grams of a mixture or substance containing a
25    detectable amount of fentanyl, or 2 grams of any substance
26    containing a detectable amount of any analog of fentanyl;

 

 

HB2917 Engrossed- 138 -LRB097 06471 RLC 50343 b

1with respect to the offenses enumerated in this subsection (a)
2and must maintain sufficient documentation to locate that
3evidence. Excess quantities with respect to the offenses
4enumerated in this subsection (a) cannot practicably be
5retained by a law enforcement agency because of its size, bulk,
6and physical character.
7    (b) The sheriff or seizing law enforcement agency must file
8a motion requesting destruction of bulk evidence before the
9trial judge in the courtroom where the criminal charge is
10pending. The sheriff or seizing law enforcement agency must
11give notice of the motion requesting destruction of bulk
12evidence to the prosecutor of the criminal charge and the
13defense attorney of record. The trial judge will conduct an
14evidentiary hearing in which all parties will be given the
15opportunity to present evidence and arguments relating to
16whether the evidence should be destroyed, whether such
17destruction will prejudice the prosecution of the criminal
18case, and whether the destruction of the evidence will
19prejudice the defense of the criminal charge. The court's
20determination whether to grant the motion for destruction of
21bulk evidence must be based upon the totality of all of the
22circumstances of the case presented at the evidentiary hearing,
23the effect such destruction would have upon the defendant's
24constitutional rights, and the prosecutor's ability to proceed
25with the prosecution of the criminal charge.
26    (c) The court may, before trial, transfer excess quantities

 

 

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1of any substance containing any of the controlled substances
2enumerated in subsection (a) with respect to a prosecution for
3any offense enumerated in subsection (a) to the sheriff of the
4county, or may, in its discretion, transfer such evidence to
5the Illinois Department of State Police, for destruction after
6notice is given to the defendant's attorney of record or to the
7defendant if the defendant is proceeding pro se.
8    (d) After a judgment of conviction is entered and the
9charged quantity is no longer needed for evidentiary purposes
10with respect to a prosecution for any offense enumerated in
11subsection (a), the court may transfer any substance containing
12any of the controlled substances enumerated in subsection (a)
13to the sheriff of the county, or may, in its discretion,
14transfer such evidence to the Illinois Department of State
15Police, for destruction after notice is given to the
16defendant's attorney of record or to the defendant if the
17defendant is proceeding pro se. No evidence shall be disposed
18of until 30 days after the judgment is entered, and if a notice
19of appeal is filed, no evidence shall be disposed of until the
20mandate has been received by the circuit court from the
21Appellate Court.
22(Source: P.A. 95-993, eff. 10-3-08.)
 
23    (720 ILCS 570/217 rep.)
24    (720 ILCS 570/314 rep.)
25    (720 ILCS 570/315 rep.)

 

 

HB2917 Engrossed- 140 -LRB097 06471 RLC 50343 b

1    (720 ILCS 570/321 rep.)
2    Section 10. The Illinois Controlled Substances Act is
3amended by repealing Sections 217, 314, 315, and 321.
 
4    Section 99. Effective date. This Act takes effect January
51, 2012.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 570/100from Ch. 56 1/2, par. 1100
4    720 ILCS 570/102from Ch. 56 1/2, par. 1102
5    720 ILCS 570/201from Ch. 56 1/2, par. 1201
6    720 ILCS 570/202from Ch. 56 1/2, par. 1202
7    720 ILCS 570/203from Ch. 56 1/2, par. 1203
8    720 ILCS 570/204from Ch. 56 1/2, par. 1204
9    720 ILCS 570/205from Ch. 56 1/2, par. 1205
10    720 ILCS 570/206from Ch. 56 1/2, par. 1206
11    720 ILCS 570/207from Ch. 56 1/2, par. 1207
12    720 ILCS 570/208from Ch. 56 1/2, par. 1208
13    720 ILCS 570/209from Ch. 56 1/2, par. 1209
14    720 ILCS 570/210from Ch. 56 1/2, par. 1210
15    720 ILCS 570/211from Ch. 56 1/2, par. 1211
16    720 ILCS 570/212from Ch. 56 1/2, par. 1212
17    720 ILCS 570/301from Ch. 56 1/2, par. 1301
18    720 ILCS 570/302from Ch. 56 1/2, par. 1302
19    720 ILCS 570/303from Ch. 56 1/2, par. 1303
20    720 ILCS 570/303.05
21    720 ILCS 570/303.1from Ch. 56 1/2, par. 1303.1
22    720 ILCS 570/304from Ch. 56 1/2, par. 1304
23    720 ILCS 570/305from Ch. 56 1/2, par. 1305
24    720 ILCS 570/306from Ch. 56 1/2, par. 1306
25    720 ILCS 570/309from Ch. 56 1/2, par. 1309

 

 

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1    720 ILCS 570/311.5 new
2    720 ILCS 570/312from Ch. 56 1/2, par. 1312
3    720 ILCS 570/313from Ch. 56 1/2, par. 1313
4    720 ILCS 570/314.5 new
5    720 ILCS 570/316
6    720 ILCS 570/317
7    720 ILCS 570/318
8    720 ILCS 570/319
9    720 ILCS 570/320
10    720 ILCS 570/405from Ch. 56 1/2, par. 1405
11    720 ILCS 570/405.1from Ch. 56 1/2, par. 1405.1
12    720 ILCS 570/406from Ch. 56 1/2, par. 1406
13    720 ILCS 570/408from Ch. 56 1/2, par. 1408
14    720 ILCS 570/410from Ch. 56 1/2, par. 1410
15    720 ILCS 570/411.2from Ch. 56 1/2, par. 1411.2
16    720 ILCS 570/413from Ch. 56 1/2, par. 1413
17    720 ILCS 570/501from Ch. 56 1/2, par. 1501
18    720 ILCS 570/501.1from Ch. 56 1/2, par. 1501.1
19    720 ILCS 570/503from Ch. 56 1/2, par. 1503
20    720 ILCS 570/504from Ch. 56 1/2, par. 1504
21    720 ILCS 570/505from Ch. 56 1/2, par. 1505
22    720 ILCS 570/507from Ch. 56 1/2, par. 1507
23    720 ILCS 570/507.2 new
24    720 ILCS 570/510
25    720 ILCS 570/217 rep.
26    720 ILCS 570/314 rep.

 

 

HB2917 Engrossed- 143 -LRB097 06471 RLC 50343 b

1    720 ILCS 570/315 rep.
2    720 ILCS 570/321 rep.