Illinois General Assembly - Full Text of SB0073
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Full Text of SB0073  97th General Assembly

SB0073enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Methamphetamine Precursor Tracking Act.
 
6    Section 5. Purposes. The purposes of this Act are to
7establish a program to track purchases of targeted
8methamphetamine precursors at covered pharmacies in Illinois;
9to track purchases of targeted methamphetamine precursors for
10the likely purpose of manufacturing methamphetamine; to starve
11methamphetamine manufacturers of the methamphetamine
12precursors they need to make methamphetamine; to locate and
13shut down methamphetamine laboratories; and ultimately to
14reduce the harm that methamphetamine manufacturing and
15manufacturers are inflicting on individuals, families,
16communities, first responders, the economy, and the
17environment in Illinois and beyond.
 
18    Section 10. Definitions. In this Act:
19    "Administer" or "administration" has the meaning provided
20in Section 102 of the Illinois Controlled Substances Act.
21    "Agent" has the meaning provided in Section 102 of the
22Illinois Controlled Substances Act.

 

 

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1    "Authorized representative" means an employee or agent of a
2qualified outside entity who has been authorized in writing by
3his or her agency or office to receive confidential information
4from the central repository.
5    "Central Repository" means the entity chosen by the
6Illinois State Police to handle electronic transaction records
7as described in this Act.
8    "Convenience package" means any package that contains 360
9milligrams or less of ephedrine or pseudoephedrine, their salts
10or optical isomers, or salts of optical isomers in liquid or
11liquid filled capsule form.
12    "Covered pharmacy" means any pharmacy that distributes any
13amount of targeted methamphetamine precursor that is
14physically located in Illinois.
15    "Deliver" has the meaning provided in Section 102 of the
16Illinois Controlled Substances Act.
17    "Dispense" has the meaning provided in Section 102 of the
18Illinois Controlled Substances Act.
19    "Distribute" has the meaning provided in Section 102 of the
20Illinois Controlled Substances Act.
21    "Electronic transaction record" means, with respect to the
22distribution of a targeted methamphetamine precursor by a
23pharmacy to a recipient under Section 25 of the Methamphetamine
24Precursor Control Act, an electronic record that includes: the
25name and address of the recipient; date and time of the
26transaction; brand and product name and total quantity

 

 

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1distributed of ephedrine or pseudoephedrine, their salts, or
2optical isomers, or salts of optical isomers; identification
3type and identification number of the identification presented
4by the recipient; and the name and address of the pharmacy.
5    "Identification information" means identification type and
6identification number.
7    "Identification number" means the number that appears on
8the identification furnished by the recipient of a targeted
9methamphetamine precursor.
10    "Identification type" means the type of identification
11furnished by the recipient of a targeted methamphetamine
12precursor such as, by way of example only, an Illinois driver's
13license or United States passport.
14    "List I chemical" has the meaning provided in 21 U.S.C.
15802.
16    "Methamphetamine precursor" has the meaning provided in
17Section 10 of the Methamphetamine Control and Community
18Protection Act.
19    "Package" means an item packaged and marked for retail sale
20that is not designed to be further broken down or subdivided
21for the purpose of retail sale.
22    "Pharmacist" has the meaning provided in Section 102 of the
23Illinois Controlled Substances Act.
24    "Pharmacy" has the meaning provided in Section 102 of the
25Illinois Controlled Substances Act.
26    "Practitioner" has the meaning provided in Section 102 of

 

 

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1the Illinois Controlled Substances Act.
2    "Prescriber" has the meaning provided in Section 102 of the
3Illinois Controlled Substances Act.
4    "Prescription" has the meaning provided in Section 102 of
5the Illinois Controlled Substances Act.
6    "Qualified outside entity" means a law enforcement agency
7or prosecutor's office with authority to identify,
8investigate, or prosecute violations of this Act or any other
9State or federal law or rule involving a methamphetamine
10precursor, methamphetamine, or any other controlled substance.
11    "Readily retrievable" has the meaning provided in 21 C.F.R.
12part 1300.
13    "Recipient" means a person purchasing, receiving, or
14otherwise acquiring a targeted methamphetamine precursor from
15a pharmacy in Illinois, as described in Section 25 of the
16Methamphetamine Precursor Control Act.
17    "Retail distributor" means a grocery store, general
18merchandise store, drug store, other merchandise store, or
19other entity or person whose activities as a distributor
20relating to drug products containing targeted methamphetamine
21precursor are limited exclusively or almost exclusively to
22sales for personal use by an ultimate user, both in number of
23sales and volume of sales, either directly to walk-in customers
24or in face-to-face transactions by direct sales.
25    "Sales employee" means any employee or agent, other than a
26pharmacist or pharmacy technician who at any time (1) operates

 

 

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1a cash register at which convenience packages may be sold, (2)
2stocks shelves containing convenience packages, or (3) trains
3or supervises any other employee or agent who engages in any of
4the preceding activities.
5    "Single retail transaction" means a sale by a retail
6distributor to a recipient at a specific time.
7    "Targeted methamphetamine precursor" means any compound,
8mixture, or preparation that contains any detectable quantity
9of ephedrine or pseudoephedrine, their salts or optical
10isomers, or salts of optical isomers.
11    "Targeted package" means a package, including a
12convenience package, containing any amount of targeted
13methamphetamine precursor.
14    "Ultimate user" has the meaning provided in Section 102 of
15the Illinois Controlled Substances Act.
 
16    Section 15. General provisions.
17    (a) Structure. There is established a statewide precursor
18tracking program coordinated and administered by the Illinois
19State Police to track purchases of targeted methamphetamine
20precursors across multiple locations for the purposes stated in
21Section 5 of this Act. Every covered pharmacy must comply with
22this Act. The tracking program created by this Act shall be the
23sole methamphetamine precursor tracking program in Illinois.
24    (b) Transmission of electronic transaction records. Unless
25otherwise provided in this Act, each time a covered pharmacy

 

 

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1distributes a targeted methamphetamine precursor to a
2recipient, the pharmacy shall transmit an electronic
3transaction record to the Central Repository.
4    (c) Notification. The Illinois Department of Financial and
5Professional Regulation shall notify pharmacies seeking
6licensure in Illinois of their obligation to comply with the
7requirements of this Act.
8    (d) Electronic transmission. Starting on the effective
9date of this Act and continuing thereafter, covered pharmacies
10shall transmit all electronic transaction records as required
11by this Act.
12    (e) Funding. Funding for the tracking program shall be
13provided by the Illinois State Police drawing upon federal and
14State grant money and other available sources.
 
15    Section 20. Secure website.
16    (a) The Illinois State Police shall establish a secure
17website for the transmission of electronic transaction records
18and make it available free of charge to covered pharmacies.
19    (b) The secure website shall enable covered pharmacies to
20transmit to the Central Repository an electronic transaction
21record each time the pharmacy distributes a targeted
22methamphetamine precursor to a recipient.
23    (c) If the secure website becomes unavailable to a covered
24pharmacy, the covered pharmacy may, during the period in which
25the secure website is not available, continue to distribute

 

 

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1targeted methamphetamine precursor without using the secure
2website if, during this period, the covered pharmacy maintains
3and transmits handwritten logs as described in Sections 20 and
425 of the Methamphetamine Precursor Control Act.
 
5    Section 25. Confidentiality of records.
6    (a) The Central Repository may delete each electronic
7transaction record and handwritten log entry 48 months after
8the date of the transaction it describes.
9    (b) The Illinois State Police and Central Repository shall
10carry out a program to protect the confidentiality of
11electronic transaction records created pursuant to this Act and
12shall ensure that this information remains completely
13confidential except as specifically provided in subsections
14(c) through (f) of this Section.
15    (c) Any employee or agent of the Central Repository may
16have access to electronic transaction records and handwritten
17log entries solely for the purpose of receiving, processing,
18storing or analyzing this information.
19    (d) The Illinois State Police may grant qualified outside
20agencies access to electronic transaction records or
21handwritten log entries for the purpose of identifying,
22investigating, or prosecuting violations of this Act or any
23other State or federal law or rule involving a methamphetamine
24precursor, methamphetamine, or any other controlled substance.
25    (e) The Illinois State Police may release electronic

 

 

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1transaction records or handwritten log entries to the
2authorized representative of a qualified outside entity only if
3the Illinois State Police verifies that the entity receiving
4electronic transaction records or handwritten log entries is a
5qualified outside entity as defined in this Act and that
6outside entity agrees or has previously agreed in writing that
7it will use electronic transaction records and handwritten log
8entries solely for the purpose of identifying, investigating,
9or prosecuting violations of this Act or any other State or
10federal law or rule involving a methamphetamine precursor,
11methamphetamine, or any other controlled substance.
12    (f) The Illinois State Police may release to the recipient
13any electronic transaction records clearly relating to that
14recipient, upon sufficient proof of identity.
 
15    Section 30. Violations.
16    (a) Any covered pharmacy or retail distributor that
17violates this Act is guilty of a petty offense and subject to a
18fine of $500 for a first offense; $1,000 for a second offense
19occurring at the same retail location as and within 3 years of
20the offense; and $5,000 for a third or subsequent offense
21occurring at the same retail location as and within 3 years of
22the prior offenses.
23    (b) An employee or agent of a covered pharmacy who violates
24this Act is guilty of a Class A misdemeanor for a first
25offense; a Class 4 felony for a second offense; and a Class 1

 

 

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1felony for a third or subsequent offense.
 
2    Section 35. Immunity from civil liability. In the event
3that any agent or employee of a covered pharmacy or retail
4distributor reports to any law enforcement officer or agency
5any suspicious activity concerning a targeted methamphetamine
6precursor or other methamphetamine ingredient or ingredients,
7the agent or employee and the pharmacy or retail distributor
8itself are immune from civil liability based on allegations of
9defamation, libel, slander, false arrest, or malicious
10prosecution, or similar allegations, except in cases of willful
11or wanton misconduct. A covered pharmacy that uses the
12electronic sales tracking system in accordance with this Act is
13immune from civil liability for any act or omission committed
14in carrying out the duties required by this Section, unless the
15act or omission was due to deliberate or willful and wanton
16misconduct. A covered pharmacy is not liable for damages
17resulting from a data breach that was proximately caused by a
18failure on the part of the electronic sales tracking system.
 
19    Section 40. Preemption. The regulation of the tracking of
20methamphetamine precursors is an exclusive power and function
21of the State. A county or municipality, including a home rule
22unit, may not regulate the tracking of methamphetamine
23precursors. This Section is a denial and limitation of home
24rule powers under subsection (h) of Section 6 of Article VII of

 

 

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1the Illinois Constitution.
 
2    Section 105. The Methamphetamine Precursor Control Act is
3amended by changing Sections 10, 25, 40, and 55 as follows:
 
4    (720 ILCS 648/10)
5    Sec. 10. Definitions. In this Act:
6    "Administer" or "administration" has the meaning provided
7in Section 102 of the Illinois Controlled Substances Act.
8    "Agent" has the meaning provided in Section 102 of the
9Illinois Controlled Substances Act.
10    "Authorized representative" means an employee or agent of a
11qualified outside entity who has been authorized in writing by
12his or her agency or office to receive confidential information
13from the Central Repository database associated with the
14Williamson County Pilot Program or the Illinois State Police
15Precursor Tracking Program.
16    "Central Repository" means the entity chosen by the
17Illinois State Police Williamson County Pilot Program
18Authority to handle electronic transaction records as
19described in Sections 36, 37, 38, 39, and 39.5 of this Act or
20the entity chosen by the Illinois State Police Precursor
21Tracking Program to handle electronic transaction records as
22described in Sections 39.6, 39.7, 39.8, and 39.8-5.
23    "Convenience package" means any package that contains 360
24milligrams or less of ephedrine or pseudoephedrine, their salts

 

 

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1or optical isomers, or salts of optical isomers in liquid or
2liquid-filled capsule form.
3    "Covered pharmacy" means any pharmacy that distributes any
4amount of targeted methamphetamine precursor that is
5physically located in Illinois.
6    "Covered pharmacy under the Franklin, Jackson, Johnson,
7Saline, Union, or Williamson County Program" or "covered
8pharmacy" means any pharmacy that distributes any amount of
9targeted methamphetamine precursor and that is physically
10located in any of the following Illinois counties: Franklin,
11Jackson, Johnson, Saline, Union, or Williamson.
12    "Covered pharmacy under the Illinois State Police
13Precursor Tracking Program" or "covered pharmacy" means any
14pharmacy that distributes any amount of targeted
15methamphetamine precursor and that is physically located in any
16of the following Illinois counties: Adams, Madison, St. Clair,
17or Vermilion.
18    "Deliver" has the meaning provided in Section 102 of the
19Illinois Controlled Substances Act.
20    "Dispense" has the meaning provided in Section 102 of the
21Illinois Controlled Substances Act.
22    "Distribute" has the meaning provided in Section 102 of the
23Illinois Controlled Substances Act.
24    "Electronic transaction record" means, with respect to the
25distribution of a targeted methamphetamine precursor by a
26pharmacy to a recipient under Section 25 of this Act, an

 

 

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1electronic record that includes: the name and address of the
2recipient; date and time of the transaction; brand and product
3name and total quantity distributed of ephedrine or
4pseudoephedrine, their salts, or optical isomers, or salts of
5optical isomers; identification type and identification number
6of the identification presented by the recipient; and the name
7and address of the pharmacy.
8    "Identification information" means identification type and
9identification number.
10    "Identification number" means the number that appears on
11the identification furnished by the recipient of a targeted
12methamphetamine precursor.
13    "Identification type" means the type of identification
14furnished by the recipient of a targeted methamphetamine
15precursor such as, by way of example only, an Illinois driver's
16license or United States passport.
17    "Illinois State Police Precursor Tracking Program" or
18"Pilot Program Authority" means the program described in
19Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act.
20    "List I chemical" has the meaning provided in 21 U.S.C.
21Section 802.
22    "Methamphetamine precursor" has the meaning provided in
23Section 10 of the Methamphetamine Control and Community
24Protection Act.
25    "Methamphetamine Precursor Violation Alert" means a notice
26sent by the Pilot Program Authority to pharmacies, retail

 

 

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1distributors, or law enforcement authorities as described in
2subsection (h) of Section 39.5 of this Act.
3    "Non-covered pharmacy" means any pharmacy that is not a
4covered pharmacy.
5    "Package" means an item packaged and marked for retail sale
6that is not designed to be further broken down or subdivided
7for the purpose of retail sale.
8    "Pharmacist" has the meaning provided in Section 102 of the
9Illinois Controlled Substances Act.
10    "Pharmacy" has the meaning provided in Section 102 of the
11Illinois Controlled Substances Act.
12    "Practitioner" has the meaning provided in Section 102 of
13the Illinois Controlled Substances Act.
14    "Prescriber" has the meaning provided in Section 102 of the
15Illinois Controlled Substances Act.
16    "Prescription" has the meaning provided in Section 102 of
17the Illinois Controlled Substances Act.
18    "Qualified outside entity" means a law enforcement agency
19or prosecutor's office with authority to identify,
20investigate, or prosecute violations of this Act or any other
21State or federal law or rule involving a methamphetamine
22precursor, methamphetamine, or any other controlled substance,
23or a public entity that operates a methamphetamine precursor
24tracking program similar in purpose to the Williamson County
25Pilot Program or the Illinois State Police Precursor Tracking
26Program.

 

 

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1    "Readily retrievable" has the meaning provided in 21 C.F.R.
2part 1300.
3    "Recipient" means a person purchasing, receiving, or
4otherwise acquiring a targeted methamphetamine precursor from
5a pharmacy in Illinois, as described in Section 25 of this Act.
6    "Reporting start date" means the date on which covered
7pharmacies begin transmitting electronic transaction records
8and exempt pharmacies begin sending handwritten logs, as
9described in subsection (b) of Section 39 of this Act.
10    "Retail distributor" means a grocery store, general
11merchandise store, drug store, other merchandise store, or
12other entity or person whose activities as a distributor
13relating to drug products containing targeted methamphetamine
14precursor are limited exclusively or almost exclusively to
15sales for personal use by an ultimate user, both in number of
16sales and volume of sales, either directly to walk-in customers
17or in face-to-face transactions by direct sales.
18    "Sales employee" means any employee or agent, other than a
19pharmacist or pharmacy technician who at any time (a) operates
20a cash register at which convenience packages may be sold, (b)
21stocks shelves containing convenience packages, or (c) trains
22or supervises any other employee or agent who engages in any of
23the preceding activities.
24    "Single retail transaction" means a sale by a retail
25distributor to a recipient at a specific time.
26    "Targeted methamphetamine precursor" means any compound,

 

 

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1mixture, or preparation that contains any detectable quantity
2of ephedrine or pseudoephedrine, their salts or optical
3isomers, or salts of optical isomers.
4    "Targeted package" means a package, including a
5convenience package, containing any amount of targeted
6methamphetamine precursor.
7    "Ultimate user" has the meaning provided in Section 102 of
8the Illinois Controlled Substances Act.
9    "Williamson County Pilot Program" or "Pilot Program" means
10the program described in Sections 36, 37, 38, 39, and 39.5 of
11this Act.
12    "Williamson County Pilot Program Authority" or "Pilot
13Program Authority" means the Williamson County Sheriff's
14Office or its employees or agents.
15    "Voluntary participant" means any pharmacy that, although
16not required by law to do so, participates in the Williamson
17County Pilot Program.
18(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
 
19    (720 ILCS 648/25)
20    Sec. 25. Pharmacies.
21    (a) No targeted methamphetamine precursor may be knowingly
22distributed through a pharmacy, including a pharmacy located
23within, owned by, operated by, or associated with a retail
24distributor unless all terms of this Section are satisfied.
25    (b) Any targeted methamphetamine precursor other than a

 

 

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1convenience package or a liquid, including but not limited to
2any targeted methamphetamine precursor in liquid-filled
3capsules, shall: be packaged in blister packs, with each
4blister containing not more than 2 dosage units, or when the
5use of blister packs is technically infeasible, in unit dose
6packets. Each targeted package shall contain no more than 3,000
7milligrams of ephedrine or pseudoephedrine, their salts or
8optical isomers, or salts of optical isomers.
9    (c) The targeted methamphetamine precursor shall be stored
10behind the pharmacy counter and distributed by a pharmacist or
11pharmacy technician licensed under the Pharmacy Practice Act,
12or by an agent of the pharmacist or pharmacy technician.
13    (d) Any retail distributor operating a pharmacy, and any
14pharmacist or pharmacy technician involved in the transaction
15or transactions, shall ensure that any person purchasing,
16receiving, or otherwise acquiring the targeted methamphetamine
17precursor complies with subsection (a) of Section 20 of this
18Act.
19    (e) Any retail distributor operating a pharmacy, and any
20pharmacist or pharmacy technician involved in the transaction
21or transactions, shall verify that:
22        (1) The person purchasing, receiving, or otherwise
23    acquiring the targeted methamphetamine precursor is 18
24    years of age or older and resembles the photograph of the
25    person on the government-issued identification presented
26    by the person; and

 

 

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1        (2) The name entered into the log referred to in
2    subsection (a) of Section 20 of this Act corresponds to the
3    name on the government-issued identification presented by
4    the person.
5    (f) The logs referred to in subsection (a) of Section 20 of
6this Act shall be kept confidential, maintained for not less
7than 4 2 years, and made available for inspection and copying
8by any law enforcement officer upon request of that officer.
9These logs shall may be kept in an electronic format as
10required by the Methamphetamine Precursor Tracking Act if they
11include all the information specified in subsection (a) of
12Section 20 of this Act in a manner that is readily retrievable
13and reproducible in hard-copy format. Pharmacies covered by the
14Williamson County Pilot Program described in Sections 36, 37,
1538, 39, and 39.5 of this Act and pharmacies covered by the
16Illinois State Police Precursor Tracking Program described in
17Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act are required
18to transmit electronic transaction records to the Pilot Program
19Authority in the manner described in those Sections.
20    (g) No retail distributor operating a pharmacy, and no
21pharmacist or pharmacy technician, shall knowingly distribute
22any targeted methamphetamine precursor to any person under 18
23years of age.
24    (h) No retail distributor operating a pharmacy, and no
25pharmacist or pharmacy technician, shall knowingly distribute
26to a single person more than 2 targeted packages in a single

 

 

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1retail transaction.
2    (i) No retail distributor operating a pharmacy, and no
3pharmacist or pharmacy technician, shall knowingly distribute
4to a single person in any 30-day period products containing
5more than a total of 7,500 milligrams of ephedrine or
6pseudoephedrine, their salts or optical isomers, or salts of
7optical isomers.
8    (j) A pharmacist or pharmacy technician may distribute a
9targeted methamphetamine precursor to a person who is without a
10form of identification specified in paragraph (1) of subsection
11(a) of Section 20 of this Act only if all other provisions of
12this Act are followed and either:
13        (1) the person presents a driver's license issued
14    without a photograph by the State of Illinois pursuant to
15    the Illinois Administrative Code, Title 92, Section
16    1030.90(b)(1) or 1030.90(b)(2); or
17        (2) the person is known to the pharmacist or pharmacy
18    technician, the person presents some form of
19    identification, and the pharmacist or pharmacy technician
20    reasonably believes that the targeted methamphetamine
21    precursor will be used for a legitimate medical purpose and
22    not to manufacture methamphetamine.
23    (k) When a pharmacist or pharmacy technician distributes a
24targeted methamphetamine precursor to a person according to the
25procedures set forth in this Act, and the pharmacist or
26pharmacy technician does not have access to a working cash

 

 

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1register at the pharmacy counter, the pharmacist or pharmacy
2technician may instruct the person to pay for the targeted
3methamphetamine precursor at a cash register located elsewhere
4in the retail establishment, whether that register is operated
5by a pharmacist, pharmacy technician, or other employee or
6agent of the retail establishment.
7(Source: P.A. 95-640, eff. 6-1-08; 95-689, eff. 10-29-07;
895-876, eff. 8-21-08; 96-50, eff. 10-21-09.)
 
9    (720 ILCS 648/40)
10    Sec. 40. Penalties.
11    (a) Violations of subsection (b) of Section 20 of this Act.
12        (1) Any person who knowingly purchases, receives, or
13    otherwise acquires, within any 30-day period, products
14    containing more than a total of 7,500 milligrams of
15    ephedrine or pseudoephedrine, their salts or optical
16    isomers, or salts of optical isomers in violation of
17    subsection (b) of Section 20 of this Act is subject to the
18    following penalties:
19            (A) More than 7,500 milligrams but less than 15,000
20        milligrams, Class B misdemeanor;
21            (B) 15,000 or more but less than 22,500 milligrams,
22        Class A misdemeanor;
23            (C) 22,500 or more but less than 30,000 milligrams,
24        Class 4 felony;
25            (D) 30,000 or more but less than 37,500 milligrams,

 

 

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1        Class 3 felony;
2            (E) 37,500 or more but less than 45,000 milligrams,
3        Class 2 felony:
4            (F) 45,000 or more milligrams, Class 1 felony.
5        (2) Any person who knowingly purchases, receives, or
6    otherwise acquires, within any 30-day period, products
7    containing more than a total of 7,500 milligrams of
8    ephedrine or pseudoephedrine, their salts or optical
9    isomers, or salts of optical isomers in violation of
10    subsection (b) of Section 20 of this Act, and who has
11    previously been convicted of any methamphetamine-related
12    offense under any State or federal law, is subject to the
13    following penalties:
14            (A) More than 7,500 milligrams but less than 15,000
15        milligrams, Class A misdemeanor;
16            (B) 15,000 or more but less than 22,500 milligrams,
17        Class 4 felony;
18            (C) 22,500 or more but less than 30,000 milligrams,
19        Class 3 felony;
20            (D) 30,000 or more but less than 37,500 milligrams,
21        Class 2 felony;
22            (E) 37,500 or more milligrams, Class 1 felony.
23        (3) Any person who knowingly purchases, receives, or
24    otherwise acquires, within any 30-day period, products
25    containing more than a total of 7,500 milligrams of
26    ephedrine or pseudoephedrine, their salts or optical

 

 

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1    isomers, or salts of optical isomers in violation of
2    subsection (b) of Section 20 of this Act, and who has
3    previously been convicted 2 or more times of any
4    methamphetamine-related offense under State or federal
5    law, is subject to the following penalties:
6            (A) More than 7,500 milligrams but less than 15,000
7        milligrams, Class 4 felony;
8            (B) 15,000 or more but less than 22,500 milligrams,
9        Class 3 felony;
10            (C) 22,500 or more but less than 30,000 milligrams,
11        Class 2 felony;
12            (D) 30,000 or more milligrams, Class 1 felony.
13    (b) Violations of Section 15, 20, 25, 30, or 35 of this
14Act, other than violations of subsection (b) of Section 20 of
15this Act.
16        (1) Any pharmacy or retail distributor that violates
17    Section 15, 20, 25, 30, or 35 of this Act, other than
18    subsection (b) of Section 20 of this Act, is guilty of a
19    petty offense and subject to a fine of $500 for a first
20    offense; and $1,000 for a second offense occurring at the
21    same retail location as and within 3 years of the prior
22    offense. A pharmacy or retail distributor that violates
23    this Act is guilty of a business offense and subject to a
24    fine of $5,000 for a third or subsequent offense occurring
25    at the same retail location as and within 3 years of the
26    prior offenses.

 

 

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1        (2) An employee or agent of a pharmacy or retail
2    distributor who violates Section 15, 20, 25, 30, or 35 of
3    this Act, other than subsection (b) of Section 20 of this
4    Act, is guilty of a Class A misdemeanor for a first
5    offense, a Class 4 felony for a second offense, and a Class
6    1 felony for a third or subsequent offense.
7        (3) Any other person who violates Section 15, 20, 25,
8    30, or 35 of this Act, other than subsection (b) of Section
9    20 of this Act, is guilty of a Class B misdemeanor for a
10    first offense, a Class A misdemeanor for a second offense,
11    and a Class 4 felony for a third or subsequent offense.
12    (c) (Blank). Any pharmacy or retail distributor that
13violates Section 36, 37, 38, 39, 39.5, 39.6, 39.7, 39.8, or
1439.8-5 of this Act is guilty of a petty offense and subject to
15a fine of $100 for a first offense, $250 for a second offense,
16or $500 for a third or subsequent offense.
17    (d) (Blank). Any person that violates Section 39.5 or
1839.8-5 of this Act is guilty of a Class B misdemeanor for a
19first offense, a Class A misdemeanor for a second offense, and
20a Class 4 felony for a third offense.
21    (e) Any person who, in order to acquire a targeted
22methamphetamine precursor, knowingly uses or provides the
23driver's license or government-issued identification of
24another person, or who knowingly uses or provides a fictitious
25or unlawfully altered driver's license or government-issued
26identification, or who otherwise knowingly provides false

 

 

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1information, is guilty of a Class 4 felony for a first offense,
2a Class 3 felony for a second offense, and a Class 2 felony for
3a third or subsequent offense.
4    For purposes of this subsection (e), the terms "fictitious
5driver's license", "unlawfully altered driver's license", and
6"false information" have the meanings ascribed to them in
7Section 6-301.1 of the Illinois Vehicle Code.
8(Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876,
9eff. 8-21-08; 96-50, eff. 10-21-09.)
 
10    (720 ILCS 648/55)
11    Sec. 55. Preemption and home rule powers. The regulation of
12the sale of targeted methamphetamine precursors and targeted
13packages are exclusive powers and functions of the State. A
14county or municipality, including a home rule unit, may not
15regulate the sale of targeted methamphetamine precursors and
16targeted packages. This Section is a denial and limitation of
17home rule powers under subsection (h) of Section 6 of Article
18VII of the Illinois Constitution. (a) Except as provided in
19subsection (b) of this Section and in Sections 36, 37, 38, 39,
2039.5, 39.6, 39.7, 39.8, and 39.8-5 of this Act, a county or
21municipality, including a home rule unit, may regulate the sale
22of targeted methamphetamine precursor and targeted packages in
23a manner that is not more or less restrictive than the
24regulation by the State under this Act. This Section is a
25limitation under subsection (i) of Section 6 of Article VII of

 

 

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1the Illinois Constitution on the concurrent exercise by home
2rule units of the powers and functions exercised by the State.
3    (b) Any regulation of the sale of targeted methamphetamine
4precursor and targeted packages by a home rule unit that took
5effect on or before May 1, 2004, is exempt from the provisions
6of subsection (a) of this Section.
7(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
 
8    (720 ILCS 648/36 rep.)
9    (720 ILCS 648/37 rep.)
10    (720 ILCS 648/38 rep.)
11    (720 ILCS 648/39 rep.)
12    (720 ILCS 648/39.5 rep.)
13    (720 ILCS 648/39.6 rep.)
14    (720 ILCS 648/39.7 rep.)
15    (720 ILCS 648/39.8 rep.)
16    (720 ILCS 648/39.8-5 rep.)
17    (720 ILCS 648/45 rep.)
18    Section 110. The Methamphetamine Precursor Control Act is
19amended by repealing Sections 36, 37, 38, 39, 39.5, 39.6, 39.7,
2039.8, 39.8-5, and 45.
 
21    Section 999. Effective date. This Act takes effect upon
22becoming law.