Full Text of SB2427 94th General Assembly
SB2427ham001 94TH GENERAL ASSEMBLY
|
Registration and Regulation Committee
Adopted in House Comm. on Nov 15, 2006
|
|
09400SB2427ham001 |
|
LRB094 17702 RLC 60453 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2427
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2427 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 201, 206, and 218 as follows:
| 6 |
| (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
| 7 |
| Sec. 201. (a) The Department shall carry out the provisions | 8 |
| of
this Article. The Department or its successor agency
may add | 9 |
| substances
to or delete or reschedule all controlled substances | 10 |
| in the Schedules of
Sections 204, 206, 208, 210 and 212 of this | 11 |
| Act. In making a determination
regarding the addition,
| 12 |
| deletion, or rescheduling of a substance, the Department
shall | 13 |
| consider
the following:
| 14 |
| (1) the actual or relative potential for abuse;
| 15 |
| (2) the scientific evidence of its pharmacological | 16 |
| effect, if known;
| 17 |
| (3) the state of current scientific knowledge | 18 |
| regarding the
substance;
| 19 |
| (4) the history and current pattern of abuse;
| 20 |
| (5) the scope, duration, and significance of abuse;
| 21 |
| (6) the risk to the public health;
| 22 |
| (7) the potential of the substance to produce | 23 |
| psychological or
physiological dependence;
| 24 |
| (8) whether the substance is an immediate precursor of |
|
|
|
09400SB2427ham001 |
- 2 - |
LRB094 17702 RLC 60453 a |
|
| 1 |
| a substance
already controlled under this Article;
| 2 |
| (9) the immediate harmful effect in terms of | 3 |
| potentially fatal
dosage; and
| 4 |
| (10) the long-range effects in terms of permanent | 5 |
| health impairment.
| 6 |
| (b) (Blank).
| 7 |
| (c) (Blank).
| 8 |
| (d) If any substance is scheduled, rescheduled, or
deleted | 9 |
| as a
controlled substance under Federal law and notice thereof | 10 |
| is given to
the Department, the Department shall
similarly | 11 |
| control the substance
under this Act after the expiration of 30 | 12 |
| days from publication in the
Federal Register of a final order | 13 |
| scheduling a substance as
a
controlled substance or | 14 |
| rescheduling or deleting a substance, unless
within that 30 day | 15 |
| period the Department objects, or
a party adversely
affected | 16 |
| files with the Department substantial written objections
| 17 |
| objecting to inclusion, rescheduling, or deletion. In that | 18 |
| case, the
Department shall publish the reasons for objection or | 19 |
| the substantial
written objections and afford all interested | 20 |
| parties an opportunity to
be heard. At the conclusion of the | 21 |
| hearing, the Department shall
publish its decision, by means of | 22 |
| a rule, which shall be final unless
altered by statute. Upon | 23 |
| publication of objections by the Department, similar control
| 24 |
| under this Act whether by inclusion, rescheduling or deletion | 25 |
| is stayed
until the Department publishes its ruling.
| 26 |
| (e) The Department shall by rule exclude any non-narcotic
| 27 |
| substances
from a schedule if such substance may, under the | 28 |
| Federal Food, Drug, and
Cosmetic Act, be lawfully sold over the | 29 |
| counter without a prescription.
| 30 |
| (f) (Blank)
The sale, delivery, distribution, and | 31 |
| possession of a drug product containing dextromethorphan shall | 32 |
| be in accordance with Section 218 of this Act . .
| 33 |
| (g) Authority to control under this section does not extend | 34 |
| to
distilled spirits, wine, malt beverages, or tobacco as those |
|
|
|
09400SB2427ham001 |
- 3 - |
LRB094 17702 RLC 60453 a |
|
| 1 |
| terms are
defined or used in the Liquor Control Act and the | 2 |
| Tobacco Products Tax
Act.
| 3 |
| (h) Persons registered with the Drug Enforcement | 4 |
| Administration to manufacture or distribute controlled | 5 |
| substances shall maintain adequate security and provide | 6 |
| effective controls and procedures to guard against theft and | 7 |
| diversion, but shall not otherwise be required to meet the | 8 |
| physical security control requirements (such as cage or vault) | 9 |
| for Schedule V controlled substances containing | 10 |
| pseudoephedrine or Schedule II controlled substances | 11 |
| containing dextromethorphan.
| 12 |
| (Source: P.A. 94-800, eff. 1-1-07; revised 8-3-06.)
| 13 |
| (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
| 14 |
| Sec. 206. (a) The controlled substances listed in this | 15 |
| Section are
included in Schedule II.
| 16 |
| (b) Unless specifically excepted or unless listed in | 17 |
| another
schedule, any of the following substances whether | 18 |
| produced directly or
indirectly by extraction from substances | 19 |
| of vegetable origin, or
independently by means of chemical | 20 |
| synthesis, or by combination of
extraction and chemical | 21 |
| synthesis:
| 22 |
| (1) Opium and opiates, and any salt, compound, | 23 |
| derivative or
preparation of opium or opiate, excluding | 24 |
| apomorphine, dextrorphan,
levopropoxyphene,
nalbuphine, | 25 |
| nalmefene, naloxone, and naltrexone, and their respective
| 26 |
| salts, but including the following:
| 27 |
| (i) Raw Opium;
| 28 |
| (ii) Opium extracts;
| 29 |
| (iii) Opium fluid extracts;
| 30 |
| (iv) Powdered opium;
| 31 |
| (v) Granulated opium;
| 32 |
| (vi) Tincture of opium;
| 33 |
| (vii) Codeine;
|
|
|
|
09400SB2427ham001 |
- 4 - |
LRB094 17702 RLC 60453 a |
|
| 1 |
| (viii) Ethylmorphine;
| 2 |
| (ix) Etorphine Hydrochloride;
| 3 |
| (x) Hydrocodone;
| 4 |
| (xi) Hydromorphone;
| 5 |
| (xii) Metopon;
| 6 |
| (xiii) Morphine;
| 7 |
| (xiv) Oxycodone;
| 8 |
| (xv) Oxymorphone;
| 9 |
| (xvi) Thebaine;
| 10 |
| (xvii) Thebaine-derived butorphanol.
| 11 |
| (xviii) Dextromethorphan , except drug products | 12 |
| that may be dispensed pursuant to a prescription order | 13 |
| of a practitioner and are sold in compliance with the | 14 |
| safety and labeling standards as set forth by the | 15 |
| United States Food and Drug Administration, or drug | 16 |
| products containing dextromethorphan that are sold in | 17 |
| solid, tablet, liquid, capsule, powder, thin film, or | 18 |
| gel form and which are formulated, packaged, and sold | 19 |
| in dosages and concentrations for use as an | 20 |
| over-the-counter drug product. For the purposes of | 21 |
| this Section, "over-the-counter drug product" means a | 22 |
| drug that is available to consumers without a | 23 |
| prescription and sold in compliance with the safety and | 24 |
| labeling standards as set forth by the United States | 25 |
| Food and Drug Administration
subject to Section 218 of | 26 |
| this Act .
| 27 |
| (2) Any salt, compound, isomer, derivative or | 28 |
| preparation thereof
which is chemically equivalent or | 29 |
| identical with any of the substances
referred to in | 30 |
| subparagraph (1), but not including the isoquinoline
| 31 |
| alkaloids of opium;
| 32 |
| (3) Opium poppy and poppy straw;
| 33 |
| (4) Coca leaves and any salt, compound, isomer, salt of | 34 |
| an isomer,
derivative, or preparation of coca leaves |
|
|
|
09400SB2427ham001 |
- 5 - |
LRB094 17702 RLC 60453 a |
|
| 1 |
| including cocaine or ecgonine,
and any salt, compound, | 2 |
| isomer, derivative, or preparation thereof which is
| 3 |
| chemically equivalent or identical with any of these | 4 |
| substances, but not
including decocainized coca leaves or | 5 |
| extractions of coca leaves which do
not contain cocaine or | 6 |
| ecgonine (for the purpose of this paragraph, the
term | 7 |
| "isomer" includes optical, positional and geometric | 8 |
| isomers);
| 9 |
| (5) Concentrate of poppy straw (the crude extract of | 10 |
| poppy straw in
either liquid, solid or powder form which | 11 |
| contains the phenanthrine
alkaloids of the opium poppy).
| 12 |
| (c) Unless specifically excepted or unless listed in | 13 |
| another
schedule any of the following opiates, including their | 14 |
| isomers, esters,
ethers, salts, and salts of isomers, whenever | 15 |
| the existence of these
isomers, esters, ethers and salts is | 16 |
| possible within the specific
chemical designation, dextrorphan | 17 |
| excepted:
| 18 |
| (1) Alfentanil;
| 19 |
| (1.1) Carfentanil;
| 20 |
| (2) Alphaprodine;
| 21 |
| (3) Anileridine;
| 22 |
| (4) Bezitramide;
| 23 |
| (5) Bulk Dextropropoxyphene (non-dosage forms);
| 24 |
| (6) Dihydrocodeine;
| 25 |
| (7) Diphenoxylate;
| 26 |
| (8) Fentanyl;
| 27 |
| (9) Sufentanil;
| 28 |
| (9.5) Remifentanil;
| 29 |
| (10) Isomethadone;
| 30 |
| (11) Levomethorphan;
| 31 |
| (12) Levorphanol (Levorphan);
| 32 |
| (13) Metazocine;
| 33 |
| (14) Methadone;
| 34 |
| (15) Methadone-Intermediate,
|
|
|
|
09400SB2427ham001 |
- 6 - |
LRB094 17702 RLC 60453 a |
|
| 1 |
| 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
| 2 |
| (16) Moramide-Intermediate,
| 3 |
| 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
| 4 |
| acid;
| 5 |
| (17) Pethidine (meperidine);
| 6 |
| (18) Pethidine-Intermediate-A,
| 7 |
| 4-cyano-1-methyl-4-phenylpiperidine;
| 8 |
| (19) Pethidine-Intermediate-B,
| 9 |
| ethyl-4-phenylpiperidine-4-carboxylate;
| 10 |
| (20) Pethidine-Intermediate-C,
| 11 |
| 1-methyl-4-phenylpiperidine-4-carboxylic acid;
| 12 |
| (21) Phenazocine;
| 13 |
| (22) Piminodine;
| 14 |
| (23) Racemethorphan;
| 15 |
| (24) Racemorphan;
| 16 |
| (25) Levo-alphacetylmethadol (some other names:
| 17 |
| levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM).
| 18 |
| (d) 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 having a stimulant effect on
the central nervous | 22 |
| system:
| 23 |
| (1) Amphetamine, its salts, optical isomers, and salts | 24 |
| of its
optical isomers;
| 25 |
| (2) Methamphetamine, its salts, isomers, and salts of | 26 |
| its isomers;
| 27 |
| (3) Phenmetrazine and its salts;
| 28 |
| (4) Methylphenidate.
| 29 |
| (e) 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 depressant effect on
the central nervous | 33 |
| system, including its salts, isomers, and salts of
isomers | 34 |
| whenever the existence of such salts, isomers, and salts of
|
|
|
|
09400SB2427ham001 |
- 7 - |
LRB094 17702 RLC 60453 a |
|
| 1 |
| isomers is possible within the specific chemical designation:
| 2 |
| (1) Amobarbital;
| 3 |
| (2) Secobarbital;
| 4 |
| (3) Pentobarbital;
| 5 |
| (4) Pentazocine;
| 6 |
| (5) Phencyclidine;
| 7 |
| (6) Gluthethimide;
| 8 |
| (7) (Blank).
| 9 |
| (f) Unless specifically excepted or unless listed in | 10 |
| another schedule,
any material, compound, mixture, or | 11 |
| preparation which contains any quantity
of the following | 12 |
| substances:
| 13 |
| (1) Immediate precursor to amphetamine and | 14 |
| methamphetamine:
| 15 |
| (i) Phenylacetone
| 16 |
| Some trade or other names: phenyl-2-propanone;
| 17 |
| P2P; benzyl methyl ketone; methyl benzyl ketone.
| 18 |
| (2) Immediate precursors to phencyclidine:
| 19 |
| (i) 1-phenylcyclohexylamine;
| 20 |
| (ii) 1-piperidinocyclohexanecarbonitrile (PCC).
| 21 |
| (3) Nabilone.
| 22 |
| (Source: P.A. 94-800, eff. 1-1-07.)
| 23 |
| (720 ILCS 570/218) | 24 |
| Sec. 218. Dextromethorphan. | 25 |
| (a) (Blank)
A drug product containing dextromethorphan may | 26 |
| not be sold, delivered, distributed, or possessed except in | 27 |
| accordance with the prescription requirements of Sections 309, | 28 |
| 312, and 313 of this Act . | 29 |
| (b) Possession of a drug product containing | 30 |
| dextromethorphan in violation of this Act
Section is a Class 4 | 31 |
| felony. The sale, delivery, distribution, or possession with | 32 |
| intent to sell, deliver, or distribute a drug product | 33 |
| containing dextromethorphan in violation of this Act
Section is |
|
|
|
09400SB2427ham001 |
- 8 - |
LRB094 17702 RLC 60453 a |
|
| 1 |
| a Class 2 felony. | 2 |
| (c) (Blank)
This Section does not apply to a drug product | 3 |
| containing dextromethorphan that is sold in solid, tablet, | 4 |
| liquid, capsule, powder, thin film, or gel form and which is | 5 |
| formulated, packaged, and sold in dosages and concentrations | 6 |
| for use as an over-the-counter drug product. For the purposes | 7 |
| of this Section, "over-the-counter drug product" means a drug | 8 |
| that is available to consumers without a prescription and sold | 9 |
| in compliance with the safety and labeling standards as set | 10 |
| forth by the United States Food and Drug Administration .
| 11 |
| (Source: P.A. 94-800, eff. 1-1-07.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
|
|