Full Text of HB0445 96th General Assembly
HB0445enr 96TH GENERAL ASSEMBLY
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 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 204, 401, and 402 as follows:
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| (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
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| Sec. 204. (a) The controlled substances listed in this | 8 |
| Section are
included in Schedule I.
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| (b) Unless specifically excepted or unless listed in | 10 |
| another
schedule, any of the following opiates, including their | 11 |
| isomers,
esters, ethers, salts, and salts of isomers, esters, | 12 |
| and ethers,
whenever the existence of such isomers, esters, | 13 |
| ethers and salts is
possible within the specific chemical | 14 |
| designation:
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| (1) Acetylmethadol;
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| (1.1) Acetyl-alpha-methylfentanyl
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| (N-[1-(1-methyl-2-phenethyl)-
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| 4-piperidinyl]-N-phenylacetamide);
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| (2) Allylprodine;
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| (3) Alphacetylmethadol, except
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| levo-alphacetylmethadol (also known as levo-alpha-
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| acetylmethadol, levomethadyl acetate, or LAAM);
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| (4) Alphameprodine;
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| (5) Alphamethadol;
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| (6) Alpha-methylfentanyl
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| (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
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| propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
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| propanilido) piperidine;
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| (6.1) Alpha-methylthiofentanyl
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| (N-[1-methyl-2-(2-thienyl)ethyl-
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| 4-piperidinyl]-N-phenylpropanamide);
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| (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
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| (7.1) PEPAP
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| (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
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| (8) Benzethidine;
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| (9) Betacetylmethadol;
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| (9.1) Beta-hydroxyfentanyl
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| (N-[1-(2-hydroxy-2-phenethyl)-
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| 4-piperidinyl]-N-phenylpropanamide);
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| (10) Betameprodine;
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| (11) Betamethadol;
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| (12) Betaprodine;
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| (13) Clonitazene;
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| (14) Dextromoramide;
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| (15) Diampromide;
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| (16) Diethylthiambutene;
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| (17) Difenoxin;
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| (18) Dimenoxadol;
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| (19) Dimepheptanol;
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| (20) Dimethylthiambutene;
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| (21) Dioxaphetylbutyrate;
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| (22) Dipipanone;
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| (23) Ethylmethylthiambutene;
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| (24) Etonitazene;
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| (25) Etoxeridine;
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| (26) Furethidine;
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| (27) Hydroxpethidine;
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| (28) Ketobemidone;
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| (29) Levomoramide;
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| (30) Levophenacylmorphan;
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| (31) 3-Methylfentanyl
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| (N-[3-methyl-1-(2-phenylethyl)-
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| 4-piperidyl]-N-phenylpropanamide);
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| (31.1) 3-Methylthiofentanyl
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| (N-[(3-methyl-1-(2-thienyl)ethyl-
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| 4-piperidinyl]-N-phenylpropanamide);
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| (32) Morpheridine;
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| (33) Noracymethadol;
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| (34) Norlevorphanol;
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| (35) Normethadone;
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| (36) Norpipanone;
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| (36.1) Para-fluorofentanyl
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| (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
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| 4-piperidinyl]propanamide);
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| (37) Phenadoxone;
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| (38) Phenampromide;
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| (39) Phenomorphan;
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| (40) Phenoperidine;
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| (41) Piritramide;
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| (42) Proheptazine;
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| (43) Properidine;
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| (44) Propiram;
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| (45) Racemoramide;
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| (45.1) Thiofentanyl
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| (N-phenyl-N-[1-(2-thienyl)ethyl-
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| 4-piperidinyl]-propanamide);
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| (46) Tilidine;
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| (47) Trimeperidine;
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| (48) Beta-hydroxy-3-methylfentanyl (other name:
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| N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
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| N-phenylpropanamide).
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| (c) Unless specifically excepted or unless listed in | 18 |
| another
schedule, any of the following opium derivatives, its | 19 |
| salts, isomers
and salts of isomers, whenever the existence of | 20 |
| such salts, isomers and
salts of isomers is possible within the | 21 |
| specific chemical designation:
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| (1) Acetorphine;
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| (2) Acetyldihydrocodeine;
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| (3) Benzylmorphine;
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| (4) Codeine methylbromide;
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| (5) Codeine-N-Oxide;
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| (6) Cyprenorphine;
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| (7) Desomorphine;
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| (8) Diacetyldihydromorphine (Dihydroheroin);
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| (9) Dihydromorphine;
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| (10) Drotebanol;
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| (11) Etorphine (except hydrochloride salt);
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| (12) Heroin;
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| (13) Hydromorphinol;
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| (14) Methyldesorphine;
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| (15) Methyldihydromorphine;
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| (16) Morphine methylbromide;
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| (17) Morphine methylsulfonate;
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| (18) Morphine-N-Oxide;
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| (19) Myrophine;
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| (20) Nicocodeine;
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| (21) Nicomorphine;
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| (22) Normorphine;
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| (23) Pholcodine;
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| (24) Thebacon.
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| (d) Unless specifically excepted or unless listed in | 21 |
| another
schedule, any material, compound, mixture, or | 22 |
| preparation which contains
any quantity of the following | 23 |
| hallucinogenic substances, or which
contains any of its salts, | 24 |
| isomers and salts of isomers, whenever the
existence of such | 25 |
| salts, isomers, and salts of isomers is possible
within the | 26 |
| specific chemical designation (for the purposes of this
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| paragraph only, the term "isomer" includes the optical, | 2 |
| position and
geometric isomers):
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| (1) 3,4-methylenedioxyamphetamine
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| (alpha-methyl,3,4-methylenedioxyphenethylamine,
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| methylenedioxyamphetamine, MDA);
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| (1.1) Alpha-ethyltryptamine
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| (some trade or other names: etryptamine;
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| MONASE; alpha-ethyl-1H-indole-3-ethanamine;
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| 3-(2-aminobutyl)indole; a-ET; and AET);
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| (2) 3,4-methylenedioxymethamphetamine (MDMA);
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| (2.1) 3,4-methylenedioxy-N-ethylamphetamine
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| (also known as: N-ethyl-alpha-methyl-
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| 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
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| and MDEA);
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| (2.2) N-Benzylpiperazine (BZP);
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| (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
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| (4) 3,4,5-trimethoxyamphetamine (TMA);
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| (5) (Blank);
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| (6) Diethyltryptamine (DET);
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| (7) Dimethyltryptamine (DMT);
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| (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
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| (9) Ibogaine (some trade and other names:
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| 7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
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| 6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
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| indole; Tabernanthe iboga);
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| (10) Lysergic acid diethylamide;
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| (10.5) Salvia divinorum (meaning all parts of the plant | 2 |
| presently classified
botanically as Salvia divinorum, | 3 |
| whether growing or not, the
seeds thereof, any extract from | 4 |
| any part of that plant, and every compound,
manufacture, | 5 |
| salts, isomers, and salts of
isomers whenever the existence | 6 |
| of such salts, isomers, and salts of
isomers is possible | 7 |
| within the specific chemical designation, derivative, | 8 |
| mixture, or preparation of that plant, its
seeds or | 9 |
| extracts);
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| (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
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| (12) Peyote (meaning all parts of the plant presently | 12 |
| classified
botanically as Lophophora williamsii
Lemaire, | 13 |
| whether growing or not, the
seeds thereof, any extract from | 14 |
| any part of that plant, and every compound,
manufacture, | 15 |
| salts, derivative, mixture, or preparation of that plant, | 16 |
| its
seeds or extracts);
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| (13) N-ethyl-3-piperidyl benzilate (JB 318);
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| (14) N-methyl-3-piperidyl benzilate;
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| (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
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| (also known as N-hydroxy-alpha-methyl-
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| 3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
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| (15) Parahexyl; some trade or other names:
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| 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
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| dibenzo (b,d) pyran; Synhexyl;
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| (16) Psilocybin;
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| (17) Psilocyn;
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| (18) Alpha-methyltryptamine (AMT);
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| (19) 2,5-dimethoxyamphetamine
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| (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
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| (20) 4-bromo-2,5-dimethoxyamphetamine
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| (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
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| 4-bromo-2,5-DMA);
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| (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
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| Some trade or other names: 2-(4-bromo-
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| 2,5-dimethoxyphenyl)-1-aminoethane;
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| alpha-desmethyl DOB, 2CB, Nexus;
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| (21) 4-methoxyamphetamine
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| (4-methoxy-alpha-methylphenethylamine;
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| paramethoxyamphetamine; PMA);
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| (22) (Blank);
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| (23) Ethylamine analog of phencyclidine.
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| Some trade or other names:
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| N-ethyl-1-phenylcyclohexylamine,
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| (1-phenylcyclohexyl) ethylamine,
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| N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
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| (24) Pyrrolidine analog of phencyclidine. Some trade | 21 |
| or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, | 22 |
| PHP;
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| (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
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| (26) 2,5-dimethoxy-4-ethylamphetamine
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| (another name: DOET);
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| (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| (another name: TCPy);
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| (28) (Blank);
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| (29) Thiophene analog of phencyclidine (some trade
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| or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
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| 2-thienyl analog of phencyclidine; TPCP; TCP);
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| (30) Bufotenine (some trade or other names:
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| 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
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| 3-(2-dimethylaminoethyl)-5-indolol;
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| 5-hydroxy-N,N-dimethyltryptamine;
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| N,N-dimethylserotonin; mappine).
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| (e) Unless specifically excepted or unless listed in | 12 |
| another
schedule, any material, compound, mixture, or | 13 |
| preparation which contains
any quantity of the following | 14 |
| substances having a depressant effect on
the central nervous | 15 |
| system, including its salts, isomers, and salts of
isomers | 16 |
| 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) mecloqualone;
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| (2) methaqualone; and
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| (3) gamma hydroxybutyric acid.
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| (f) Unless specifically excepted or unless listed in | 22 |
| another schedule,
any material, compound, mixture, or | 23 |
| preparation which contains any quantity
of the following | 24 |
| substances having a stimulant effect on the central nervous
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| system, including its salts, isomers, and salts of isomers:
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| (1) Fenethylline;
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| (2) N-ethylamphetamine;
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| (3) Aminorex (some other names:
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| 2-amino-5-phenyl-2-oxazoline; aminoxaphen;
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| 4-5-dihydro-5-phenyl-2-oxazolamine) and its
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| salts, optical isomers, and salts of optical isomers;
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| (4) Methcathinone (some other names:
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| 2-methylamino-1-phenylpropan-1-one;
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| Ephedrone; 2-(methylamino)-propiophenone;
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| alpha-(methylamino)propiophenone; N-methylcathinone;
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| methycathinone; Monomethylpropion; UR 1431) and its
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| salts, optical isomers, and salts of optical isomers;
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| (5) Cathinone (some trade or other names:
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| 2-aminopropiophenone; alpha-aminopropiophenone;
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| 2-amino-1-phenyl-propanone; norephedrone);
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| (6) N,N-dimethylamphetamine (also known as:
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| N,N-alpha-trimethyl-benzeneethanamine;
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| N,N-alpha-trimethylphenethylamine);
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| (7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
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| 4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine).
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| (g) Temporary listing of substances subject to emergency | 21 |
| scheduling.
Any material, compound, mixture, or preparation | 22 |
| that contains any quantity
of the following substances:
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| (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
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| (benzylfentanyl), its optical isomers, isomers, salts,
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| and salts of isomers;
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| (2) N-[1(2-thienyl)
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
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| its optical isomers, salts, and salts of isomers.
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| (Source: P.A. 95-239, eff. 1-1-08; 95-331, eff. 8-21-07.)
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| (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
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| Sec. 401. Except as authorized by this Act, it is unlawful | 6 |
| for any
person knowingly to manufacture or deliver, or possess | 7 |
| with intent to
manufacture or deliver, a controlled substance | 8 |
| other than methamphetamine, a counterfeit substance, or a | 9 |
| controlled
substance analog. A violation of this Act with | 10 |
| respect to each of the controlled
substances listed herein | 11 |
| constitutes a single and separate violation of this
Act. For | 12 |
| purposes of this Section, "controlled substance analog" or | 13 |
| "analog"
means a substance
which is intended for human | 14 |
| consumption, other than a controlled substance,
that has a | 15 |
| chemical structure substantially similar to that of a | 16 |
| controlled
substance in Schedule I or II, or that was | 17 |
| specifically designed to produce
an effect substantially | 18 |
| similar to that of a controlled substance in Schedule
I or II. | 19 |
| Examples of chemical classes in which controlled substance | 20 |
| analogs
are found include, but are not limited to, the | 21 |
| following: phenethylamines,
N-substituted piperidines, | 22 |
| morphinans, ecgonines, quinazolinones, substituted
indoles, | 23 |
| and arylcycloalkylamines. For purposes of this Act, a | 24 |
| controlled
substance analog shall be treated in the same manner | 25 |
| as the controlled
substance to which it is substantially |
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HB0445 Enrolled |
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LRB096 04780 RLC 14844 b |
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| similar.
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| (a) Any person who violates this Section with respect to | 3 |
| the following
amounts of controlled or counterfeit substances | 4 |
| or controlled substance
analogs, notwithstanding any of the | 5 |
| provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | 6 |
| contrary, is guilty of a Class X felony
and shall be sentenced | 7 |
| to a term of imprisonment as provided in this subsection
(a) | 8 |
| and fined as provided in subsection (b):
| 9 |
| (1) (A) not less than 6 years and not more than 30 | 10 |
| years with respect
to 15 grams or more but less than | 11 |
| 100 grams of a substance containing
heroin, or an | 12 |
| analog thereof;
| 13 |
| (B) not less than 9 years and not more than 40 | 14 |
| years with respect to 100
grams or more but less than | 15 |
| 400 grams of a substance containing heroin, or
an | 16 |
| analog thereof;
| 17 |
| (C) not less than 12 years and not more than 50 | 18 |
| years with respect to
400 grams or more but less than | 19 |
| 900 grams of a substance containing heroin,
or an | 20 |
| analog thereof;
| 21 |
| (D) not less than 15 years and not more than 60 | 22 |
| years with respect to
900 grams or more of any | 23 |
| substance containing heroin, or an analog thereof;
| 24 |
| (1.5) (A) not less than 6 years and not more than 30 | 25 |
| years with respect to 15 grams or more but less than | 26 |
| 100 grams of a substance containing fentanyl, or an |
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HB0445 Enrolled |
- 13 - |
LRB096 04780 RLC 14844 b |
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| 1 |
| analog thereof;
| 2 |
| (B) not less than 9 years and not more than 40 | 3 |
| years with respect to 100 grams or more but less than | 4 |
| 400 grams of a substance containing fentanyl, or an | 5 |
| analog thereof; | 6 |
| (C) not less than 12 years and not more than 50 | 7 |
| years with respect to 400 grams or more but less than | 8 |
| 900 grams of a substance containing fentanyl, or an | 9 |
| analog thereof; | 10 |
| (D) not less than 15 years and not more than 60 | 11 |
| years with respect to 900 grams or more of a substance | 12 |
| containing fentanyl, or an analog thereof;
| 13 |
| (2) (A) not less than 6 years and not more than 30 | 14 |
| years with respect
to 15 grams or more but less than | 15 |
| 100 grams of a substance containing
cocaine, or an | 16 |
| analog thereof;
| 17 |
| (B) not less than 9 years and not more than 40 | 18 |
| years with respect to 100
grams or more but less than | 19 |
| 400 grams of a substance containing cocaine, or
an | 20 |
| analog thereof;
| 21 |
| (C) not less than 12 years and not more than 50 | 22 |
| years with respect to
400 grams or more but less than | 23 |
| 900 grams of a substance containing cocaine,
or an | 24 |
| analog thereof;
| 25 |
| (D) not less than 15 years and not more than 60 | 26 |
| years with respect to
900 grams or more of any |
|
|
|
HB0445 Enrolled |
- 14 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| substance containing cocaine, or an analog thereof;
| 2 |
| (3) (A) not less than 6 years and not more than 30 | 3 |
| years with respect
to 15 grams or more but less than | 4 |
| 100 grams of a substance containing
morphine, or an | 5 |
| analog thereof;
| 6 |
| (B) not less than 9 years and not more than 40 | 7 |
| years with respect to
100 grams or more but less than | 8 |
| 400 grams of a substance containing morphine,
or an | 9 |
| analog thereof;
| 10 |
| (C) not less than 12 years and not more than 50 | 11 |
| years with respect to
400 grams or more but less than | 12 |
| 900 grams of a substance containing
morphine, or an | 13 |
| analog thereof;
| 14 |
| (D) not less than 15 years and not more than 60 | 15 |
| years with respect to
900 grams or more of a substance | 16 |
| containing morphine, or an analog thereof;
| 17 |
| (4) 200 grams or more of any substance containing | 18 |
| peyote, or an
analog thereof;
| 19 |
| (5) 200 grams or more of any substance containing a | 20 |
| derivative of
barbituric acid or any of the salts of a | 21 |
| derivative of barbituric acid, or
an analog thereof;
| 22 |
| (6) 200 grams or more of any substance containing | 23 |
| amphetamine
or any salt of an optical isomer of | 24 |
| amphetamine,
or an analog thereof;
| 25 |
| (6.5) (blank);
| 26 |
| (6.6) (blank);
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|
|
HB0445 Enrolled |
- 15 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| (7) (A) not less than 6 years and not more than 30 | 2 |
| years with respect
to: (i) 15 grams or more but less | 3 |
| than 100 grams of a substance containing
lysergic acid | 4 |
| diethylamide (LSD), or an analog thereof, or (ii) 15 or
| 5 |
| more objects or 15 or more segregated parts of an | 6 |
| object or objects but
less than 200 objects or 200 | 7 |
| segregated parts of an object or objects
containing in | 8 |
| them or having upon them any amounts of any substance
| 9 |
| containing lysergic acid diethylamide (LSD), or an | 10 |
| analog thereof;
| 11 |
| (B) not less than 9 years and not more than 40 | 12 |
| years with respect
to: (i) 100 grams or more but less | 13 |
| than 400 grams of a substance containing
lysergic acid | 14 |
| diethylamide (LSD), or an analog thereof, or (ii) 200 | 15 |
| or more
objects or 200 or more segregated parts of an | 16 |
| object or objects but less
than 600 objects or less | 17 |
| than 600 segregated parts of an object or objects
| 18 |
| containing in them or having upon them any amount of | 19 |
| any substance
containing lysergic acid diethylamide | 20 |
| (LSD), or an analog thereof;
| 21 |
| (C) not less than 12 years and not more than 50 | 22 |
| years with respect
to: (i) 400 grams or more but less | 23 |
| than 900 grams of a substance containing
lysergic acid | 24 |
| diethylamide (LSD), or an analog thereof, or (ii) 600 | 25 |
| or more
objects or 600 or more segregated parts of an | 26 |
| object or objects but less
than 1500 objects or 1500 |
|
|
|
HB0445 Enrolled |
- 16 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| segregated parts of an object or objects
containing in | 2 |
| them or having upon them any amount of any substance
| 3 |
| containing lysergic acid diethylamide (LSD), or an | 4 |
| analog thereof;
| 5 |
| (D) not less than 15 years and not more than 60 | 6 |
| years with respect
to: (i) 900 grams or more of any | 7 |
| substance containing lysergic acid
diethylamide (LSD), | 8 |
| or an analog thereof, or (ii) 1500 or more objects or
| 9 |
| 1500 or more segregated parts of an object or objects | 10 |
| containing in them or
having upon them any amount of a | 11 |
| substance containing lysergic acid
diethylamide (LSD), | 12 |
| or an analog thereof;
| 13 |
| (7.5) (A) not less than 6 years and not more than 30 | 14 |
| years with respect
to:
(i) 15
grams or more but less | 15 |
| than 100 grams of a substance listed in paragraph (1),
| 16 |
| (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), | 17 |
| (21), (25), or (26) of subsection
(d) of Section 204, | 18 |
| or an analog or derivative thereof, or (ii) 15 or more
| 19 |
| pills, tablets, caplets, capsules, or objects but less | 20 |
| than 200 pills, tablets,
caplets, capsules, or objects | 21 |
| containing in them or having upon them any
amounts of | 22 |
| any substance listed in paragraph (1), (2), (2.1), | 23 |
| (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or | 24 |
| (26) of subsection (d) of Section 204, or
an analog or | 25 |
| derivative thereof;
| 26 |
| (B) not less than 9 years and not more than 40 |
|
|
|
HB0445 Enrolled |
- 17 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| years with respect to:
(i) 100 grams or more but less | 2 |
| than 400 grams of a substance listed in
paragraph (1), | 3 |
| (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), | 4 |
| (21), (25), or (26) of subsection (d) of Section 204, | 5 |
| or an analog or
derivative thereof, or (ii) 200 or more | 6 |
| pills, tablets, caplets, capsules, or
objects but less | 7 |
| than 600 pills, tablets, caplets, capsules, or objects
| 8 |
| containing in them or having upon them any amount of | 9 |
| any substance listed in
paragraph (1), (2), (2.1), | 10 |
| (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | 11 |
| (26)
of subsection (d) of Section 204, or an analog or | 12 |
| derivative thereof;
| 13 |
| (C) not less than 12 years and not more than 50 | 14 |
| years with respect to:
(i) 400 grams or more but less | 15 |
| than 900 grams of a substance listed in
paragraph (1), | 16 |
| (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), | 17 |
| (21), (25), or (26)
of subsection (d) of Section 204, | 18 |
| or an analog or derivative thereof,
or (ii) 600 or more | 19 |
| pills, tablets, caplets, capsules, or objects but less | 20 |
| than
1,500 pills, tablets, caplets, capsules, or | 21 |
| objects
containing in them or having upon them any | 22 |
| amount of any substance listed in
paragraph (1), (2), | 23 |
| (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), | 24 |
| (25), or (26)
of subsection (d) of Section 204, or an | 25 |
| analog or derivative thereof;
| 26 |
| (D) not less than 15 years and not more than 60 |
|
|
|
HB0445 Enrolled |
- 18 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| years with respect to:
(i) 900 grams or more of any | 2 |
| substance listed in paragraph (1), (2), (2.1),
(2.2), | 3 |
| (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of | 4 |
| subsection (d) of
Section 204, or an analog or | 5 |
| derivative thereof, or (ii) 1,500 or more pills,
| 6 |
| tablets, caplets, capsules, or objects containing in | 7 |
| them or having upon them
any amount
of a substance | 8 |
| listed in paragraph (1), (2), (2.1), (2.2), (3), | 9 |
| (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | 10 |
| subsection (d) of Section 204, or an analog or | 11 |
| derivative thereof;
| 12 |
| (8) 30 grams or more of any substance containing | 13 |
| pentazocine or any of
the salts, isomers and salts of | 14 |
| isomers of pentazocine, or an analog thereof;
| 15 |
| (9) 30 grams or more of any substance containing | 16 |
| methaqualone or any of
the salts, isomers and salts of | 17 |
| isomers of methaqualone, or an analog thereof;
| 18 |
| (10) 30 grams or more of any substance containing | 19 |
| phencyclidine or any
of the salts, isomers and salts of | 20 |
| isomers of phencyclidine (PCP),
or an analog thereof;
| 21 |
| (10.5) 30 grams or more of any substance containing | 22 |
| ketamine
or any of the salts, isomers and salts of isomers | 23 |
| of ketamine,
or an analog thereof;
| 24 |
| (11) 200 grams or more of any substance containing any | 25 |
| other controlled
substance classified in Schedules I or II, | 26 |
| or an analog thereof, which is
not otherwise included in |
|
|
|
HB0445 Enrolled |
- 19 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| this subsection.
| 2 |
| (b) Any person sentenced with respect to violations of | 3 |
| paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 4 |
| involving
100 grams or
more of the
controlled substance named | 5 |
| therein, may in addition to the penalties
provided therein, be | 6 |
| fined an amount not more than $500,000 or the full
street value | 7 |
| of the controlled or counterfeit substance or controlled | 8 |
| substance
analog, whichever is greater. The term "street value" | 9 |
| shall have the
meaning ascribed in Section 110-5 of the Code of | 10 |
| Criminal Procedure of
1963. Any person sentenced with respect | 11 |
| to any other provision of
subsection (a), may in addition to | 12 |
| the penalties provided therein, be fined
an amount not to | 13 |
| exceed $500,000. | 14 |
| (b-1) Excluding violations of this Act when the controlled | 15 |
| substance is fentanyl, any person sentenced to a term of | 16 |
| imprisonment with respect to violations of Section 401, 401.1, | 17 |
| 405, 405.1, 405.2, or 407, when the substance containing the | 18 |
| controlled substance contains any amount of fentanyl, 3 years | 19 |
| shall be added to the term of imprisonment imposed by the | 20 |
| court, and the maximum sentence for the offense shall be | 21 |
| increased by 3 years.
| 22 |
| (c) Any person who violates this Section with regard to the
| 23 |
| following amounts of controlled or counterfeit substances
or | 24 |
| controlled substance analogs, notwithstanding any of the | 25 |
| provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | 26 |
| to the
contrary, is guilty of a Class 1 felony. The fine for |
|
|
|
HB0445 Enrolled |
- 20 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| violation of this
subsection (c) shall not be more than | 2 |
| $250,000:
| 3 |
| (1) 1 gram or more but less than 15 grams of any
| 4 |
| substance containing heroin, or an analog thereof;
| 5 |
| (1.5) 1 gram or more but less than 15 grams of any | 6 |
| substance containing fentanyl, or an analog thereof;
| 7 |
| (2) 1 gram or more but less than 15
grams of any | 8 |
| substance containing cocaine, or an analog thereof;
| 9 |
| (3) 10 grams or more but less than 15 grams of any | 10 |
| substance
containing morphine, or an analog thereof;
| 11 |
| (4) 50 grams or more but less than 200 grams of any | 12 |
| substance
containing peyote, or an analog thereof;
| 13 |
| (5) 50 grams or more but less than 200 grams of any | 14 |
| substance
containing a derivative of barbituric acid or any | 15 |
| of the salts of a
derivative of barbituric acid, or an | 16 |
| analog thereof;
| 17 |
| (6) 50 grams or more but less than 200 grams of any | 18 |
| substance
containing amphetamine or any salt of an optical | 19 |
| isomer
of amphetamine, or an analog thereof;
| 20 |
| (6.5) (blank);
| 21 |
| (7) (i) 5 grams or more but less than 15 grams of any | 22 |
| substance
containing lysergic acid diethylamide (LSD), or | 23 |
| an analog thereof,
or (ii)
more than 10 objects or more | 24 |
| than 10 segregated parts of an object or objects
but less | 25 |
| than 15 objects or less than 15 segregated parts of an | 26 |
| object
containing in them or having upon them any amount of |
|
|
|
HB0445 Enrolled |
- 21 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| any substance
containing lysergic acid diethylamide (LSD), | 2 |
| or an analog thereof;
| 3 |
| (7.5) (i) 5 grams or more but less than 15 grams of any | 4 |
| substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | 5 |
| (14.1), (19), (20), (20.1), (21), (25), or
(26) of | 6 |
| subsection (d) of Section 204, or an analog or derivative | 7 |
| thereof, or
(ii) more than 10 pills, tablets, caplets, | 8 |
| capsules, or objects but less than
15 pills, tablets, | 9 |
| caplets, capsules, or objects containing in them or having
| 10 |
| upon them any amount of any substance listed in paragraph | 11 |
| (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | 12 |
| (21), (25), or (26) of subsection (d) of
Section 204, or an | 13 |
| analog or derivative thereof;
| 14 |
| (8) 10 grams or more but less than 30 grams of any | 15 |
| substance
containing pentazocine or any of the salts, | 16 |
| isomers and salts of isomers of
pentazocine, or an analog | 17 |
| thereof;
| 18 |
| (9) 10 grams or more but less than 30 grams of any | 19 |
| substance
containing methaqualone or any of the salts, | 20 |
| isomers and salts of isomers
of methaqualone, or an analog | 21 |
| thereof;
| 22 |
| (10) 10 grams or more but less than 30 grams of any | 23 |
| substance
containing phencyclidine or any of the salts, | 24 |
| isomers and salts of isomers
of phencyclidine (PCP), or an | 25 |
| analog thereof;
| 26 |
| (10.5) 10 grams or more but less than 30 grams of any |
|
|
|
HB0445 Enrolled |
- 22 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| substance
containing ketamine or any of the salts, isomers | 2 |
| and salts of
isomers of ketamine, or an analog thereof;
| 3 |
| (11) 50 grams or more but less than 200 grams of any | 4 |
| substance
containing a substance classified in Schedules I | 5 |
| or II, or an analog
thereof, which is not otherwise | 6 |
| included in this subsection.
| 7 |
| (c-5) (Blank).
| 8 |
| (d) Any person who violates this Section with regard to any | 9 |
| other
amount of a controlled or counterfeit substance | 10 |
| classified in
Schedules I or II, or an analog thereof, which is | 11 |
| (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or | 12 |
| an analog thereof, or
(iii) any
substance containing | 13 |
| amphetamine or fentanyl or any salt or optical
isomer of | 14 |
| amphetamine or fentanyl, or an analog thereof, or (iv) any
| 15 |
| substance containing N-Benzylpiperazine (BZP) or any salt or | 16 |
| optical
isomer of N-Benzylpiperazine (BZP), or an analog | 17 |
| thereof, is guilty
of a Class 2 felony. The fine for violation | 18 |
| of this subsection (d) shall
not be more than $200,000.
| 19 |
| (d-5) (Blank).
| 20 |
| (e) Any person who violates this Section with regard to any | 21 |
| other
amount of a controlled substance other than | 22 |
| methamphetamine or counterfeit substance classified in
| 23 |
| Schedule I or II, or an analog thereof, which substance is not
| 24 |
| included under subsection (d) of this Section, is
guilty of a | 25 |
| Class 3 felony. The fine for violation of this subsection (e)
| 26 |
| shall not be more than $150,000.
|
|
|
|
HB0445 Enrolled |
- 23 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| (f) Any person who violates this Section with regard to any | 2 |
| other
amount of a controlled or counterfeit substance | 3 |
| classified in
Schedule III is guilty of a Class 3 felony. The | 4 |
| fine for violation of
this subsection (f) shall not be more | 5 |
| than $125,000.
| 6 |
| (g) Any person who violates this Section with regard to any | 7 |
| other
amount of a controlled or counterfeit substance | 8 |
| classified
in Schedule IV is guilty of a Class 3 felony. The | 9 |
| fine for violation of
this subsection (g) shall not be more | 10 |
| than $100,000.
| 11 |
| (h) Any person who violates this Section with regard to any | 12 |
| other
amount of a controlled or counterfeit substance | 13 |
| classified in
Schedule V is guilty of a Class 3 felony. The | 14 |
| fine for violation of this
subsection (h) shall not be more | 15 |
| than $75,000.
| 16 |
| (i) This Section does not apply to the manufacture, | 17 |
| possession or
distribution of a substance in conformance with | 18 |
| the provisions of an approved
new drug application or an | 19 |
| exemption for investigational use within the
meaning of Section | 20 |
| 505 of the Federal Food, Drug and Cosmetic Act.
| 21 |
| (j) (Blank).
| 22 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-259, eff. 8-17-07.)
| 23 |
| (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 24 |
| Sec. 402. Except as otherwise authorized by this Act, it is | 25 |
| unlawful for
any person knowingly to possess a controlled or |
|
|
|
HB0445 Enrolled |
- 24 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| counterfeit substance or controlled substance analog.
A | 2 |
| violation of this Act with respect to each of the controlled | 3 |
| substances
listed herein constitutes a single and separate | 4 |
| violation of this Act. For purposes of this Section, | 5 |
| "controlled substance analog" or "analog"
means a substance
| 6 |
| which is intended for human consumption, other than a | 7 |
| controlled substance,
that has a chemical structure | 8 |
| substantially similar to that of a controlled
substance in | 9 |
| Schedule I or II, or that was specifically designed to produce
| 10 |
| an effect substantially similar to that of a controlled | 11 |
| substance in Schedule
I or II. Examples of chemical classes in | 12 |
| which controlled substance analogs
are found include, but are | 13 |
| not limited to, the following: phenethylamines,
N-substituted | 14 |
| piperidines, morphinans, ecgonines, quinazolinones, | 15 |
| substituted
indoles, and arylcycloalkylamines. For purposes of | 16 |
| this Act, a controlled
substance analog shall be treated in the | 17 |
| same manner as the controlled
substance to which it is | 18 |
| substantially similar.
| 19 |
| (a) Any person who violates this Section with respect to | 20 |
| the following
controlled or counterfeit substances and | 21 |
| amounts, notwithstanding any of the
provisions of subsections | 22 |
| (c) and (d) to the
contrary, is guilty of a Class 1 felony and | 23 |
| shall, if sentenced to a term
of imprisonment, be sentenced as | 24 |
| provided in this subsection (a) and fined
as provided in | 25 |
| subsection (b):
| 26 |
| (1) (A) not less than 4 years and not more than 15 |
|
|
|
HB0445 Enrolled |
- 25 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| years with respect
to 15 grams or more but less than | 2 |
| 100 grams of a substance containing heroin;
| 3 |
| (B) not less than 6 years and not more than 30 | 4 |
| years with respect to 100
grams or more but less than | 5 |
| 400 grams of a substance containing heroin;
| 6 |
| (C) not less than 8 years and not more than 40 | 7 |
| years with respect to 400
grams or more but less than | 8 |
| 900 grams of any substance containing heroin;
| 9 |
| (D) not less than 10 years and not more than 50 | 10 |
| years with respect to
900 grams or more of any | 11 |
| substance containing heroin;
| 12 |
| (2) (A) not less than 4 years and not more than 15 | 13 |
| years with respect
to 15 grams or more but less than | 14 |
| 100 grams of any substance containing
cocaine;
| 15 |
| (B) not less than 6 years and not more than 30 | 16 |
| years with respect to 100
grams or more but less than | 17 |
| 400 grams of any substance containing cocaine;
| 18 |
| (C) not less than 8 years and not more than 40 | 19 |
| years with respect to 400
grams or more but less than | 20 |
| 900 grams of any substance containing cocaine;
| 21 |
| (D) not less than 10 years and not more than 50 | 22 |
| years with respect to
900 grams or more of any | 23 |
| substance containing cocaine;
| 24 |
| (3) (A) not less than 4 years and not more than 15 | 25 |
| years with respect
to 15 grams or more but less than | 26 |
| 100 grams of any substance containing
morphine;
|
|
|
|
HB0445 Enrolled |
- 26 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| (B) not less than 6 years and not more than 30 | 2 |
| years with respect to 100
grams or more but less than | 3 |
| 400 grams of any substance containing morphine;
| 4 |
| (C) not less than 6 years and not more than 40 | 5 |
| years with respect to 400
grams or more but less than | 6 |
| 900 grams of any substance containing morphine;
| 7 |
| (D) not less than 10 years and not more than 50 | 8 |
| years with respect to
900 grams or more of any | 9 |
| substance containing morphine;
| 10 |
| (4) 200 grams or more of any substance containing | 11 |
| peyote;
| 12 |
| (5) 200 grams or more of any substance containing a | 13 |
| derivative of
barbituric acid or any of the salts of a | 14 |
| derivative of barbituric acid;
| 15 |
| (6) 200 grams or more of any substance containing | 16 |
| amphetamine or any salt
of an optical isomer of | 17 |
| amphetamine;
| 18 |
| (6.5) (blank);
| 19 |
| (7) (A) not less than 4 years and not more than 15 | 20 |
| years with respect
to: (i) 15 grams or more but less | 21 |
| than 100 grams of any substance containing
lysergic | 22 |
| acid diethylamide (LSD), or an analog thereof, or (ii) | 23 |
| 15 or
more objects or 15 or more segregated parts of an | 24 |
| object or objects but
less than 200 objects or 200 | 25 |
| segregated parts of an object or objects
containing in | 26 |
| them or having upon them any amount of any substance
|
|
|
|
HB0445 Enrolled |
- 27 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| containing lysergic acid diethylamide (LSD), or an | 2 |
| analog thereof;
| 3 |
| (B) not less than 6 years and not more than 30 | 4 |
| years with respect
to: (i) 100 grams or more but less | 5 |
| than 400 grams of any substance
containing lysergic | 6 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
| 7 |
| 200 or more objects or 200 or more segregated parts of | 8 |
| an object or objects
but less than 600 objects or less | 9 |
| than 600 segregated parts of an object or
objects | 10 |
| containing in them or having upon them any amount of | 11 |
| any substance
containing lysergic acid diethylamide | 12 |
| (LSD), or an analog thereof;
| 13 |
| (C) not less than 8 years and not more than 40 | 14 |
| years with respect
to: (i) 400 grams or more but less | 15 |
| than 900 grams of any substance
containing lysergic | 16 |
| acid diethylamide (LSD), or an analog thereof, or (ii)
| 17 |
| 600 or more objects or 600 or more segregated parts of | 18 |
| an object or objects
but less than 1500 objects or 1500 | 19 |
| segregated parts of an object or objects
containing in | 20 |
| them or having upon them any amount of any substance
| 21 |
| containing lysergic acid diethylamide (LSD), or an | 22 |
| analog thereof;
| 23 |
| (D) not less than 10 years and not more than 50 | 24 |
| years with respect
to: (i) 900 grams or more of any | 25 |
| substance containing lysergic acid
diethylamide (LSD), | 26 |
| or an analog thereof, or (ii) 1500 or more objects or
|
|
|
|
HB0445 Enrolled |
- 28 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| 1500 or more segregated parts of an object or objects | 2 |
| containing in them or
having upon them any amount of a | 3 |
| substance containing lysergic acid
diethylamide (LSD), | 4 |
| or an analog thereof;
| 5 |
| (7.5) (A) not less than 4 years and not more than 15 | 6 |
| years with respect
to: (i) 15
grams or more but
less | 7 |
| than 100 grams of any substance listed in paragraph | 8 |
| (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | 9 |
| (20.1), (21), (25), or (26) of subsection (d) of | 10 |
| Section 204, or an
analog or derivative
thereof, or | 11 |
| (ii) 15 or more pills, tablets, caplets, capsules, or | 12 |
| objects but
less than 200 pills,
tablets, caplets, | 13 |
| capsules, or objects containing in them or having upon | 14 |
| them
any amount of any
substance listed in paragraph | 15 |
| (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 16 |
| (20.1),
(21), (25), or (26) of
subsection (d) of | 17 |
| Section 204, or an analog or derivative thereof;
| 18 |
| (B) not less than 6 years and not more than 30 | 19 |
| years with respect to: (i)
100
grams or more but
less | 20 |
| than 400 grams of any substance listed in paragraph | 21 |
| (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 22 |
| (20.1), (21), (25), or (26) of subsection (d) of | 23 |
| Section 204, or an analog or
derivative thereof, or
| 24 |
| (ii) 200 or more pills, tablets, caplets, capsules, or | 25 |
| objects but less than
600
pills, tablets,
caplets, | 26 |
| capsules, or objects containing in them or having upon |
|
|
|
HB0445 Enrolled |
- 29 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| them any amount
of any
substance
listed in paragraph | 2 |
| (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 3 |
| (20.1), (21),
(25), or (26) of subsection
(d) of | 4 |
| Section 204, or an analog or derivative thereof;
| 5 |
| (C) not less than 8 years and not more than 40 | 6 |
| years with respect to: (i)
400
grams or more but
less | 7 |
| than 900 grams of any substance listed in paragraph | 8 |
| (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 9 |
| (20.1), (21), (25), or (26) of subsection (d) of | 10 |
| Section 204, or an analog or
derivative thereof,
or | 11 |
| (ii) 600 or more pills, tablets, caplets, capsules, or | 12 |
| objects but less than
1,500 pills, tablets,
caplets, | 13 |
| capsules, or objects containing in them or having upon | 14 |
| them any amount
of any
substance listed in paragraph | 15 |
| (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 16 |
| (20.1),
(21), (25), or (26) of
subsection (d) of | 17 |
| Section 204, or an analog or derivative thereof;
| 18 |
| (D) not less than 10 years and not more than 50 | 19 |
| years with respect to:
(i)
900 grams or more of
any | 20 |
| substance listed in paragraph (1), (2), (2.1), (2.2), | 21 |
| (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 22 |
| subsection (d) of Section 204, or an analog or | 23 |
| derivative thereof, or (ii)
1,500 or more pills,
| 24 |
| tablets, caplets, capsules, or objects containing in | 25 |
| them or having upon them
any amount of a
substance | 26 |
| listed in paragraph (1), (2), (2.1), (2.2), (3), |
|
|
|
HB0445 Enrolled |
- 30 - |
LRB096 04780 RLC 14844 b |
|
| 1 |
| (14.1), (19), (20), (20.1),
(21), (25), or (26) of
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| subsection (d) of Section 204, or an analog or | 3 |
| derivative thereof;
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| (8) 30 grams or more of any substance containing | 5 |
| pentazocine or any of
the salts, isomers and salts of | 6 |
| isomers of pentazocine, or an analog thereof;
| 7 |
| (9) 30 grams or more of any substance containing | 8 |
| methaqualone or any
of the salts, isomers and salts of | 9 |
| isomers of methaqualone;
| 10 |
| (10) 30 grams or more of any substance containing | 11 |
| phencyclidine or any
of the salts, isomers and salts of | 12 |
| isomers of phencyclidine (PCP);
| 13 |
| (10.5) 30 grams or more of any substance containing | 14 |
| ketamine or any of
the salts, isomers and salts of isomers | 15 |
| of ketamine;
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| (11) 200 grams or more of any substance containing any | 17 |
| substance
classified as a narcotic drug in Schedules I or | 18 |
| II, or an analog thereof, which is not otherwise
included | 19 |
| in this subsection.
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| (b) Any person sentenced with respect to violations of | 21 |
| paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 22 |
| involving 100
grams or more of the
controlled substance named | 23 |
| therein, may in addition to the penalties
provided therein, be | 24 |
| fined an amount not to exceed $200,000 or the full
street value | 25 |
| of the controlled or counterfeit substances, whichever is
| 26 |
| greater. The term "street value" shall have the meaning
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HB0445 Enrolled |
- 31 - |
LRB096 04780 RLC 14844 b |
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| 1 |
| ascribed in Section 110-5 of the Code of Criminal Procedure of | 2 |
| 1963. Any
person sentenced with respect to any other provision | 3 |
| of subsection (a), may
in addition to the penalties provided | 4 |
| therein, be fined an amount not to
exceed $200,000.
| 5 |
| (c) Any person who violates this Section with regard to an | 6 |
| amount
of a controlled substance other than methamphetamine or | 7 |
| counterfeit substance not set forth in
subsection (a) or (d) is | 8 |
| guilty of a Class 4 felony. The fine for a
violation punishable | 9 |
| under this subsection (c) shall not be more
than $25,000.
| 10 |
| (d) Any person who violates this Section with regard to any | 11 |
| amount of
anabolic steroid is guilty of a Class C misdemeanor
| 12 |
| for the first offense and a Class B misdemeanor for a | 13 |
| subsequent offense
committed within 2 years of a prior | 14 |
| conviction.
| 15 |
| (Source: P.A. 94-324, eff. 7-26-05; 94-556, eff. 9-11-05; | 16 |
| 95-331, eff. 8-21-07.)
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