Illinois General Assembly - Full Text of HB2843
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Full Text of HB2843  93rd General Assembly

HB2843enr 93rd General Assembly


HB2843 Enrolled                      LRB093 06698 RLC 06832 b

 1        AN ACT in relation to criminal law.

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

 4        Section 2.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 21-1.5 as follows:

 6        (720 ILCS 5/21-1.5)
 7        Sec.  21-1.5.  Anhydrous  ammonia  equipment, containers,
 8    and facilities.
 9        (a)  It  is  unlawful  for  any  person  to  tamper  with
10    anhydrous   ammonia   equipment,   containers,   or   storage
11    facilities.
12        (b)  Tampering   with   anhydrous   ammonia    equipment,
13    containers,  or storage facilities occurs when any person who
14    is not authorized by the  owner  of  the  anhydrous  ammonia,
15    anhydrous  ammonia  equipment, storage containers, or storage
16    facilities  transfers  or  attempts  to  transfer   anhydrous
17    ammonia  to another container, causes damage to the anhydrous
18    ammonia equipment, storage container, or storage facility, or
19    vents  or  attempts  to  vent  anhydrous  ammonia  into   the
20    environment.
21        (b-5)  It   is  unlawful  for  any  person  to  transport
22    anhydrous ammonia in a portable container if the container is
23    not a package authorized for anhydrous ammonia transportation
24    as defined in rules  adopted  under  the  Illinois  Hazardous
25    Materials   Transportation   Act.    For   purposes  of  this
26    subsection (b-5), an authorized package  includes  a  package
27    previously  authorized under the Illinois Hazardous Materials
28    Transportation Act.
29        (b-10)  For purposes of this Section:
30        "Anhydrous  ammonia"  means  the  compound   defined   in
31    paragraph  (d) of Section 3 of the Illinois Fertilizer Act of
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 1    1961.
 2        "Anhydrous ammonia equipment", "anhydrous ammonia storage
 3    containers", and "anhydrous ammonia storage  facilities"  are
 4    defined in rules adopted under the Illinois Fertilizer Act of
 5    1961.
 6        (c)  Sentence.   A  violation of subsection (a) or (b) of
 7    this Section is  a  Class  A  misdemeanor.   A  violation  of
 8    subsection (b-5) of this Section is a Class 4 felony.
 9    (Source:  P.A.  91-402,  eff.  1-1-00;  91-889,  eff. 1-1-01;
10    92-16, eff. 6-28-01.)

11        Section 5. The  Illinois  Controlled  Substances  Act  is
12    amended  by  changing Section 102 and adding Section 405.3 as
13    follows:

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

19        (720 ILCS 570/405.3 new)
20        Sec.  405.3.  Criminal   synthetic   drug   manufacturing
21    conspiracy.
22        (a)    A   person   commits   criminal   synthetic   drug
23    manufacturing  conspiracy  when,  with  the  intent  that   a
24    controlled substance be manufactured or produced in violation
25    of  any  provision  of Section 401, 402, 406.1, or 407, he or
26    she aids in the manufacture  or  production  of  a  synthetic
27    controlled  substance. No person may be convicted of criminal
28    synthetic drug manufacturing  conspiracy  unless  an  act  in
29    furtherance  to  aid  in  the  manufacture or production of a
30    synthetic controlled substance is alleged and proved to  have
31    been committed by the person or a co-conspirator.
32        (b)  Aiding  in the manufacture of a synthetic controlled
33    substance   may   be   accomplished   by:    (1)    providing
HB2843 Enrolled            -14-      LRB093 06698 RLC 06832 b
 1    methamphetamine    manufacturing    chemicals,    precursors,
 2    essential  ingredients,  or apparatus required to produce the
 3    synthetic controlled substance; or (2) permitting the use  of
 4    any  structure  for  the  purpose  of  the  manufacture  of a
 5    synthetic controlled substance.
 6        (c)  Apparatus  required  to  manufacture  the  synthetic
 7    controlled substance may  include  laboratory  glassware  and
 8    apparatus or other common or household items used or modified
 9    for  use  in  the  manufacture  of  the  synthetic controlled
10    substance.
11        (d)  In  this  Section,  "structure"  means  any   house,
12    apartment  building, shop, barn, warehouse, building, vessel,
13    railroad  car,  cargo  container,  motor  vehicle,  housecar,
14    trailer,  trailer  coach,  camper,   mine,   floating   home,
15    watercraft,  any  structure  capable of holding a clandestine
16    laboratory or any real property.
17        (e) It is not a defense to conspiracy that the person  or
18    persons with whom the accused is alleged to have conspired:
19             (1) have not been prosecuted or convicted; or
20             (2) have been convicted of a different offense; or
21             (3) are not amenable to justice; or
22             (4) have been acquitted; or
23             (5) lacked the capacity to commit the offense.
24        (f)  Sentence.  A  person convicted of criminal synthetic
25    drug manufacturing conspiracy may be fined or  imprisoned  or
26    both,  but  any fines or term of imprisonment imposed may not
27    be less than the minimum nor more than the  maximum  provided
28    for the offense that is the object of the conspiracy.

29        Section  99.  Effective  date. This Act takes effect upon
30    becoming law.