Full Text of HB4300 94th General Assembly
HB4300enr 94TH GENERAL ASSEMBLY
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HB4300 Enrolled |
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LRB094 12962 RLC 47811 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 201 and 206 and by adding Section | 6 |
| 218 as follows:
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| (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
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| Sec. 201. (a) The Department shall carry out the provisions | 9 |
| of
this Article. The Department or its successor agency
may add | 10 |
| substances
to or delete or reschedule all controlled substances | 11 |
| in the Schedules of
Sections 204, 206, 208, 210 and 212 of this | 12 |
| Act. In making a determination
regarding the addition,
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| deletion, or rescheduling of a substance, the Department
shall | 14 |
| consider
the following:
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| (1) the actual or relative potential for abuse;
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| (2) the scientific evidence of its pharmacological | 17 |
| effect, if known;
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| (3) the state of current scientific knowledge | 19 |
| regarding the
substance;
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| (4) the history and current pattern of abuse;
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| (5) the scope, duration, and significance of abuse;
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| (6) the risk to the public health;
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| (7) the potential of the substance to produce | 24 |
| psychological or
physiological dependence;
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| (8) whether the substance is an immediate precursor of | 26 |
| a substance
already controlled under this Article;
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| (9) the immediate harmful effect in terms of | 28 |
| potentially fatal
dosage; and
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| (10) the long-range effects in terms of permanent | 30 |
| health impairment.
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| (b) (Blank).
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| (c) (Blank).
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| (d) If any substance is scheduled, rescheduled, or
deleted | 2 |
| as a
controlled substance under Federal law and notice thereof | 3 |
| is given to
the Department, the Department shall
similarly | 4 |
| control the substance
under this Act after the expiration of 30 | 5 |
| days from publication in the
Federal Register of a final order | 6 |
| scheduling a substance as
a
controlled substance or | 7 |
| rescheduling or deleting a substance, unless
within that 30 day | 8 |
| period the Department objects, or
a party adversely
affected | 9 |
| files with the Department substantial written objections
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| objecting to inclusion, rescheduling, or deletion. In that | 11 |
| case, the
Department shall publish the reasons for objection or | 12 |
| the substantial
written objections and afford all interested | 13 |
| parties an opportunity to
be heard. At the conclusion of the | 14 |
| hearing, the Department shall
publish its decision, by means of | 15 |
| a rule, which shall be final unless
altered by statute. Upon | 16 |
| publication of objections by the Department, similar control
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| under this Act whether by inclusion, rescheduling or deletion | 18 |
| is stayed
until the Department publishes its ruling.
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| (e) The Department shall by rule exclude any non-narcotic
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| substances
from a schedule if such substance may, under the | 21 |
| Federal Food, Drug, and
Cosmetic Act, be lawfully sold over the | 22 |
| counter without a prescription.
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| (f) The sale, delivery, distribution, and possession of a | 24 |
| drug product containing dextromethorphan shall be in | 25 |
| accordance with Section 218 of this Act.
Dextromethorphan shall | 26 |
| not be deemed to be included in any
schedule by reason of | 27 |
| enactment of this title unless controlled after
the date of | 28 |
| such enactment pursuant to the foregoing provisions of this
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| section .
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| (g) Authority to control under this section does not extend | 31 |
| to
distilled spirits, wine, malt beverages, or tobacco as those | 32 |
| terms are
defined or used in the Liquor Control Act and the | 33 |
| Tobacco Products Tax
Act.
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| (h) Persons registered with the Drug Enforcement | 35 |
| Administration to manufacture or distribute controlled | 36 |
| substances shall maintain adequate security and provide |
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| effective controls and procedures to guard against theft and | 2 |
| diversion, but shall not otherwise be required to meet the | 3 |
| physical security control requirements (such as cage or vault) | 4 |
| for Schedule V controlled substances containing | 5 |
| pseudoephedrine or Schedule II controlled substances | 6 |
| containing dextromethorphan.
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| (Source: P.A. 91-714, eff. 6-2-00.)
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| (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
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| Sec. 206. (a) The controlled substances listed in this | 10 |
| Section are
included in Schedule II.
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| (b) Unless specifically excepted or unless listed in | 12 |
| another
schedule, any of the following substances whether | 13 |
| produced directly or
indirectly by extraction from substances | 14 |
| of vegetable origin, or
independently by means of chemical | 15 |
| synthesis, or by combination of
extraction and chemical | 16 |
| synthesis:
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| (1) Opium and opiates, and any salt, compound, | 18 |
| derivative or
preparation of opium or opiate, excluding | 19 |
| apomorphine, dextrorphan,
levopropoxyphene,
nalbuphine, | 20 |
| nalmefene, naloxone, and naltrexone, and their respective
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| salts, but including the following:
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| (i) Raw Opium;
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| (ii) Opium extracts;
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| (iii) Opium fluid extracts;
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| (iv) Powdered opium;
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| (v) Granulated opium;
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| (vi) Tincture of opium;
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| (vii) Codeine;
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| (viii) Ethylmorphine;
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| (ix) Etorphine Hydrochloride;
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| (x) Hydrocodone;
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| (xi) Hydromorphone;
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| (xii) Metopon;
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| (xiii) Morphine;
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| (xiv) Oxycodone;
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| (xv) Oxymorphone;
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| (xvi) Thebaine;
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| (xvii) Thebaine-derived butorphanol.
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| (xviii) Dextromethorphan subject to Section 218 of | 5 |
| this Act.
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| (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
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| alkaloids of opium;
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| (3) Opium poppy and poppy straw;
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| (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
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| 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);
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| (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).
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| (c) Unless specifically excepted or unless listed in | 26 |
| another
schedule any of the following opiates, including their | 27 |
| isomers, esters,
ethers, salts, and salts of isomers, whenever | 28 |
| the existence of these
isomers, esters, ethers and salts is | 29 |
| possible within the specific
chemical designation, dextrorphan | 30 |
| excepted:
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| (1) Alfentanil;
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| (1.1) Carfentanil;
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| (2) Alphaprodine;
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| (3) Anileridine;
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| (4) Bezitramide;
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| (5) Bulk Dextropropoxyphene (non-dosage forms);
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| (6) Dihydrocodeine;
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| (7) Diphenoxylate;
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| (8) Fentanyl;
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| (9) Sufentanil;
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| (9.5) Remifentanil;
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| (10) Isomethadone;
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| (11) Levomethorphan;
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| (12) Levorphanol (Levorphan);
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| (13) Metazocine;
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| (14) Methadone;
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| (15) Methadone-Intermediate,
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| 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
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| (16) Moramide-Intermediate,
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| 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
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| acid;
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| (17) Pethidine (meperidine);
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| (18) Pethidine-Intermediate-A,
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| 4-cyano-1-methyl-4-phenylpiperidine;
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| (19) Pethidine-Intermediate-B,
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| ethyl-4-phenylpiperidine-4-carboxylate;
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| (20) Pethidine-Intermediate-C,
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| 1-methyl-4-phenylpiperidine-4-carboxylic acid;
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| (21) Phenazocine;
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| (22) Piminodine;
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| (23) Racemethorphan;
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| (24) Racemorphan;
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| (25) Levo-alphacetylmethadol (some other names:
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| levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM).
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| (d) Unless specifically excepted or unless listed in | 30 |
| another
schedule, any material, compound, mixture, or | 31 |
| preparation which contains
any quantity of the following | 32 |
| substances having a stimulant effect on
the central nervous | 33 |
| system:
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| (1) Amphetamine, its salts, optical isomers, and salts | 35 |
| of its
optical isomers;
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| (2) Methamphetamine, its salts, isomers, and salts of |
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| its isomers;
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| (3) Phenmetrazine and its salts;
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| (4) Methylphenidate.
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| (e) Unless specifically excepted or unless listed in | 5 |
| another
schedule, any material, compound, mixture, or | 6 |
| preparation which contains
any quantity of the following | 7 |
| substances having a depressant effect on
the central nervous | 8 |
| system, including its salts, isomers, and salts of
isomers | 9 |
| whenever the existence of such salts, isomers, and salts of
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| isomers is possible within the specific chemical designation:
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| (1) Amobarbital;
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| (2) Secobarbital;
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| (3) Pentobarbital;
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| (4) Pentazocine;
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| (5) Phencyclidine;
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| (6) Gluthethimide;
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| (7) (Blank).
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| (f) Unless specifically excepted or unless listed in | 19 |
| another schedule,
any material, compound, mixture, or | 20 |
| preparation which contains any quantity
of the following | 21 |
| substances:
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| (1) Immediate precursor to amphetamine and | 23 |
| methamphetamine:
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| (i) Phenylacetone
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| Some trade or other names: phenyl-2-propanone;
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| P2P; benzyl methyl ketone; methyl benzyl ketone.
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| (2) Immediate precursors to phencyclidine:
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| (i) l-phenylcyclohexylamine;
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| (ii) l-piperidinocyclohexanecarbonitrile (PCC).
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| (3) Nabilone.
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| (Source: P.A. 91-714, eff. 6-2-00.)
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| (720 ILCS 570/218 new) | 33 |
| Sec. 218. Dextromethorphan. | 34 |
| (a) A drug product containing dextromethorphan may not be | 35 |
| sold, delivered, distributed, or possessed except in |
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HB4300 Enrolled |
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LRB094 12962 RLC 47811 b |
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| accordance with the prescription requirements of Sections 309, | 2 |
| 312, and 313 of this Act. | 3 |
| (b) Possession of a drug product containing | 4 |
| dextromethorphan in violation of this Section is a Class 4 | 5 |
| felony. The sale, delivery, distribution, or possession with | 6 |
| intent to sell, deliver, or distribute a drug product | 7 |
| containing dextromethorphan in violation of this Section is a | 8 |
| Class 2 felony. | 9 |
| (c) This Section does not apply to a drug product | 10 |
| containing dextromethorphan that is sold in solid, tablet, | 11 |
| liquid, capsule, powder, thin film, or gel form and which is | 12 |
| formulated, packaged, and sold in dosages and concentrations | 13 |
| for use as an over-the-counter drug product. For the purposes | 14 |
| of this Section, "over-the-counter drug product" means a drug | 15 |
| that is available to consumers without a prescription and sold | 16 |
| in compliance with the safety and labeling standards as set | 17 |
| forth by the United States Food and Drug Administration.
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