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1 | | Illinois State Police to handle electronic transaction records |
2 | | as described in this Act. |
3 | | "Convenience package" means any package that contains 360 |
4 | | milligrams or less of ephedrine or pseudoephedrine, their salts |
5 | | or optical isomers, or salts of optical isomers in liquid or |
6 | | liquid-filled capsule form. |
7 | | "Covered pharmacy" means any pharmacy that distributes any |
8 | | amount of targeted methamphetamine precursor that is |
9 | | physically located in Illinois. |
10 | | "Deliver" has the meaning provided in Section 102 of the |
11 | | Illinois Controlled Substances Act. |
12 | | "Dispense" has the meaning provided in Section 102 of the |
13 | | Illinois Controlled Substances Act.
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14 | | "Distribute" has the meaning provided in Section 102 of the |
15 | | Illinois Controlled Substances Act. |
16 | | "Electronic transaction record" means, with respect to the |
17 | | distribution of a targeted methamphetamine precursor by a |
18 | | pharmacy to a recipient under Section 25 of this Act, an |
19 | | electronic record that includes: the name and address of the |
20 | | recipient; date and time of the transaction; brand and product |
21 | | name and total quantity distributed of ephedrine or |
22 | | pseudoephedrine, their salts, or optical isomers, or salts of |
23 | | optical isomers; identification type and identification number |
24 | | of the identification presented by the recipient; and the name |
25 | | and address of the pharmacy. |
26 | | "Identification information" means identification type and |
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1 | | identification number. |
2 | | "Identification number" means the number that appears on |
3 | | the identification furnished by the recipient of a targeted |
4 | | methamphetamine precursor. |
5 | | "Identification type" means the type of identification |
6 | | furnished by the recipient of a targeted methamphetamine |
7 | | precursor such as, by way of example only, an Illinois driver's |
8 | | license or United States passport. |
9 | | "List I chemical" has the meaning provided in 21 U.S.C. |
10 | | Section 802. |
11 | | "Methamphetamine precursor" has the meaning provided in |
12 | | Section 10 of the Methamphetamine Control and Community |
13 | | Protection Act. |
14 | | "Package" means an item packaged and marked for retail sale |
15 | | that is not designed to be further broken down or subdivided |
16 | | for the purpose of retail sale. |
17 | | "Pharmacist" has the meaning provided in Section 102 of the |
18 | | Illinois Controlled Substances Act.
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19 | | "Pharmacy" has the meaning provided in Section 102 of the |
20 | | Illinois Controlled Substances Act. |
21 | | "Practitioner" has the meaning provided in Section 102 of |
22 | | the Illinois Controlled Substances Act. |
23 | | "Prescriber" has the meaning provided in Section 102 of the |
24 | | Illinois Controlled Substances Act. |
25 | | "Prescription" has the meaning provided in Section 102 of |
26 | | the Illinois Controlled Substances Act. |
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1 | | "Procure" means to purchase, steal, gather, or otherwise |
2 | | obtain, for oneself or another person, by legal or illegal |
3 | | means, or to cause another to take that action. |
4 | | "Qualified outside entity" means a law enforcement agency |
5 | | or prosecutor's office with authority to identify, |
6 | | investigate, or prosecute violations of this Act or any other |
7 | | State or federal law or rule involving a methamphetamine |
8 | | precursor, methamphetamine, or any other controlled substance. |
9 | | "Readily retrievable" has the meaning provided in 21 C.F.R. |
10 | | part 1300. |
11 | | "Recipient" means a person purchasing, receiving, or |
12 | | otherwise acquiring a targeted methamphetamine precursor from |
13 | | a pharmacy in Illinois, as described in Section 25 of this Act. |
14 | | "Retail distributor" means a grocery store, general |
15 | | merchandise store, drug store, other merchandise store, or |
16 | | other entity or person whose activities as a distributor |
17 | | relating to drug products containing targeted methamphetamine |
18 | | precursor are limited exclusively or almost exclusively to |
19 | | sales for personal use by an ultimate user, both in number of |
20 | | sales and volume of sales, either directly to walk-in customers |
21 | | or in face-to-face transactions by direct sales. |
22 | | "Sales employee" means any employee or agent, other than a |
23 | | pharmacist or pharmacy technician who at any time (a) operates |
24 | | a cash register at which convenience
packages may be sold, (b) |
25 | | stocks shelves containing convenience packages, or (c) trains |
26 | | or supervises any other employee or agent who engages in any of |
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1 | | the preceding activities. |
2 | | "Single retail transaction" means a sale by a retail |
3 | | distributor to a recipient at a specific time. |
4 | | "Targeted methamphetamine precursor" means any compound, |
5 | | mixture, or preparation that contains any detectable quantity |
6 | | of ephedrine or pseudoephedrine, their salts or optical |
7 | | isomers, or salts of optical isomers. |
8 | | "Targeted package" means a package, including a |
9 | | convenience package, containing any amount of targeted |
10 | | methamphetamine precursor. |
11 | | "Ultimate user" has the meaning provided in Section 102 of |
12 | | the Illinois Controlled Substances Act.
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13 | | (Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.) |
14 | | (720 ILCS 648/20) |
15 | | Sec. 20. Restrictions on purchase, receipt, or |
16 | | acquisition. |
17 | | (a) Except as provided in subsection (e) of this Section, |
18 | | any person 18 years of age or older wishing to purchase, |
19 | | receive, or otherwise acquire a targeted methamphetamine |
20 | | precursor shall, prior to taking possession of the targeted |
21 | | methamphetamine precursor:
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22 | | (1) provide a driver's license or other |
23 | | government-issued identification showing the person's |
24 | | name, date of birth, and photograph; and |
25 | | (2) sign a log documenting the name and address of the |
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1 | | person, date and time of the transaction, and brand and |
2 | | product name and total quantity distributed of ephedrine or |
3 | | pseudoephedrine, their salts, or optical isomers, or salts |
4 | | of optical isomers. |
5 | | (b) Except as provided in subsection (e) of this Section, |
6 | | no person shall knowingly purchase, receive, or otherwise |
7 | | acquire, within any 30-day period products containing more than |
8 | | a total of 7,500 milligrams of ephedrine or pseudoephedrine, |
9 | | their salts or optical isomers, or salts of optical isomers.
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10 | | (c) Except as provided in subsections (d) and (e) of this |
11 | | Section, no person shall knowingly purchase, receive, or |
12 | | otherwise acquire more than 2 targeted packages in a single |
13 | | retail transaction. |
14 | | (d) Except as provided in subsection (e) of this Section, |
15 | | no person shall knowingly purchase, receive, or otherwise |
16 | | acquire more than one convenience package from a retail |
17 | | location other than a pharmacy counter in a 24-hour period. |
18 | | (e) This Section shall not apply to any person who |
19 | | purchases, receives, or otherwise acquires a targeted |
20 | | methamphetamine precursor for the purpose of dispensing, |
21 | | distributing, or administering it in a lawful manner described |
22 | | in subsection (e) of Section 15 of this Act.
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23 | | (f) A person shall not knowingly procure a targeted |
24 | | methamphetamine precursor for a third party for the purpose of |
25 | | evading this Act, the Illinois Controlled Substances Act, or |
26 | | the Methamphetamine Control and Community Protection Act. |
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1 | | (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
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2 | | (720 ILCS 648/40)
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3 | | Sec. 40. Penalties. |
4 | | (a) Violations of subsection (b) of Section 20 of this Act. |
5 | | (1) 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 is subject to the |
11 | | following penalties: |
12 | | (A) More than 7,500 milligrams but less than 15,000 |
13 | | milligrams, Class B misdemeanor; |
14 | | (B) 15,000 or more but less than 22,500 milligrams, |
15 | | Class A misdemeanor; |
16 | | (C) 22,500 or more but less than 30,000 milligrams, |
17 | | Class 4 felony; |
18 | | (D) 30,000 or more but less than 37,500 milligrams, |
19 | | Class 3 felony; |
20 | | (E) 37,500 or more but less than 45,000 milligrams, |
21 | | Class 2 felony: |
22 | | (F) 45,000 or more milligrams, Class 1 felony. |
23 | | (2) 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 |
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1 | | ephedrine or pseudoephedrine, their salts or optical |
2 | | isomers, or salts of optical isomers in violation of |
3 | | subsection (b) of Section 20 of this Act, and who has |
4 | | previously been convicted of any methamphetamine-related |
5 | | offense under any State or federal law, is subject to the |
6 | | following penalties: |
7 | | (A) More than 7,500 milligrams but less than 15,000 |
8 | | milligrams, Class A misdemeanor; |
9 | | (B) 15,000 or more but less than 22,500 milligrams, |
10 | | Class 4 felony; |
11 | | (C) 22,500 or more but less than 30,000 milligrams, |
12 | | Class 3 felony; |
13 | | (D) 30,000 or more but less than 37,500 milligrams, |
14 | | Class 2 felony; |
15 | | (E) 37,500 or more milligrams, Class 1 felony. |
16 | | (3) Any person who knowingly purchases, receives, or |
17 | | otherwise acquires, within any 30-day period, products |
18 | | containing more than a total of 7,500 milligrams of |
19 | | ephedrine or pseudoephedrine, their salts or optical |
20 | | isomers, or salts of optical isomers in violation of |
21 | | subsection (b) of Section 20 of this Act, and who has |
22 | | previously been convicted 2 or more times of any |
23 | | methamphetamine-related offense under State or federal |
24 | | law, is subject to the following penalties: |
25 | | (A) More than 7,500 milligrams but less than 15,000 |
26 | | milligrams, Class 4 felony; |
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1 | | (B) 15,000 or more but less than 22,500 milligrams, |
2 | | Class 3 felony; |
3 | | (C) 22,500 or more but less than 30,000 milligrams, |
4 | | Class 2 felony; |
5 | | (D) 30,000 or more milligrams, Class 1 felony. |
6 | | (b) Violations of Section 15, 20, 25, 30, or 35 of this |
7 | | Act, other than violations of subsection (b) or (f) of Section |
8 | | 20 of this Act. |
9 | | (1) Any pharmacy or retail distributor that violates |
10 | | Section 15, 20, 25, 30, or 35 of this Act, other than |
11 | | subsection (b) or (f) of Section 20 of this Act, is guilty |
12 | | of a petty offense and subject to a fine of $500 for a |
13 | | first offense; and $1,000 for a second offense occurring at |
14 | | the same retail location as and within 3 years of the prior |
15 | | offense. A pharmacy or retail distributor that violates |
16 | | this Act is guilty of a business offense and subject to a |
17 | | fine of $5,000 for a third or subsequent offense occurring |
18 | | at the same retail location as and within 3 years of the |
19 | | prior offenses. |
20 | | (2) An employee or agent of a pharmacy or retail |
21 | | distributor who violates Section 15, 20, 25, 30, or 35 of |
22 | | this Act, other than subsection (b) or (f) of Section 20 of |
23 | | this Act, is guilty of a Class A misdemeanor for a first |
24 | | offense, a Class 4 felony for a second offense, and a Class |
25 | | 1 felony for a third or subsequent offense. |
26 | | (3) Any other person who violates Section 15, 20, 25, |
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1 | | 30, or 35 of this Act, other than subsection (b) or (f) of |
2 | | Section 20 of this Act, is guilty of a Class B misdemeanor |
3 | | for a first offense, a Class A misdemeanor for a second |
4 | | offense, and a Class 4 felony for a third or subsequent |
5 | | offense. |
6 | | (c) (Blank). |
7 | | (d) (Blank). |
8 | | (e)
Any person who, in order to acquire a targeted |
9 | | methamphetamine precursor, knowingly uses or provides the |
10 | | driver's license or government-issued identification of |
11 | | another person, or who knowingly uses or provides a fictitious |
12 | | or unlawfully altered driver's license or government-issued |
13 | | identification, or who otherwise knowingly provides false |
14 | | information, is guilty of a Class 4 felony for a first offense, |
15 | | a Class 3 felony for a second offense, and a Class 2 felony for |
16 | | a third or subsequent offense. |
17 | | For purposes of this subsection (e), the terms "fictitious |
18 | | driver's license", "unlawfully altered driver's license", and |
19 | | "false information" have the meanings ascribed to them in |
20 | | Section 6-301.1 of the Illinois Vehicle Code.
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21 | | (f) Any person who violates subsection (f) of Section 20 of |
22 | | this Act is guilty of a Class A misdemeanor for the first |
23 | | conviction, and a Class 4 felony for a second or subsequent |
24 | | conviction. |
25 | | (Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
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