Full Text of HB5657 101st General Assembly
HB5657 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5657 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: |
| 720 ILCS 570/206 | from Ch. 56 1/2, par. 1206 | 720 ILCS 642/Act rep. | |
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Amends the Illinois Controlled Substances Act. Lists Kratom as a Schedule II controlled substance. Repeals the Kratom Control Act. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 206 as follows:
| 6 | | (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
| 7 | | Sec. 206. (a) The controlled substances listed in this | 8 | | Section are
included in Schedule II.
| 9 | | (b) Unless specifically excepted or unless listed in | 10 | | another
schedule, any of the following substances whether | 11 | | produced directly or
indirectly by extraction from substances | 12 | | of vegetable origin, or
independently by means of chemical | 13 | | synthesis, or by combination of
extraction and chemical | 14 | | synthesis:
| 15 | | (1) Opium and opiates, and any salt, compound, | 16 | | derivative or
preparation of opium or opiate, excluding | 17 | | apomorphine, dextrorphan,
levopropoxyphene,
nalbuphine, | 18 | | nalmefene, naloxone, and naltrexone, and their respective
| 19 | | salts, but including the following:
| 20 | | (i) Raw Opium;
| 21 | | (ii) Opium extracts;
| 22 | | (iii) Opium fluid extracts;
| 23 | | (iv) Powdered opium;
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| 1 | | (v) Granulated opium;
| 2 | | (vi) Tincture of opium;
| 3 | | (vii) Codeine;
| 4 | | (viii) Ethylmorphine;
| 5 | | (ix) Etorphine Hydrochloride;
| 6 | | (x) Hydrocodone;
| 7 | | (xi) Hydromorphone;
| 8 | | (xii) Metopon;
| 9 | | (xiii) Morphine;
| 10 | | (xiii.5) 6-Monoacetylmorphine; | 11 | | (xiv) Oxycodone;
| 12 | | (xv) Oxymorphone;
| 13 | | (xv.5) Tapentadol; | 14 | | (xvi) Thebaine;
| 15 | | (xvii) Thebaine-derived butorphanol.
| 16 | | (xviii) Methorphan, except drug products | 17 | | containing dextromethorphan that may be dispensed | 18 | | pursuant to a prescription order of a practitioner and | 19 | | are sold in compliance with the safety and labeling | 20 | | standards as set forth by the United States Food and | 21 | | Drug Administration, or drug products containing | 22 | | dextromethorphan that are sold in solid, tablet, | 23 | | liquid, capsule, powder, thin film, or gel form and | 24 | | which are formulated, packaged, and sold in dosages and | 25 | | concentrations for use as an over-the-counter drug | 26 | | product. For the purposes of this Section, |
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| 1 | | "over-the-counter drug product" means a drug that is | 2 | | available to consumers without a prescription and sold | 3 | | in compliance with the safety and labeling standards as | 4 | | set forth by the United States Food and Drug | 5 | | Administration.
| 6 | | (2) Any salt, compound, isomer, derivative or | 7 | | preparation thereof
which is chemically equivalent or | 8 | | identical with any of the substances
referred to in | 9 | | subparagraph (1), but not including the isoquinoline
| 10 | | alkaloids of opium;
| 11 | | (3) Opium poppy and poppy straw;
| 12 | | (4) Coca leaves and any salt, compound, isomer, salt of | 13 | | an isomer,
derivative, or preparation of coca leaves | 14 | | including cocaine or ecgonine,
and any salt, compound, | 15 | | isomer, derivative, or preparation thereof which is
| 16 | | chemically equivalent or identical with any of these | 17 | | substances, but not
including decocainized coca leaves or | 18 | | extractions of coca leaves which do
not contain cocaine or | 19 | | ecgonine (for the purpose of this paragraph, the
term | 20 | | "isomer" includes optical, positional and geometric | 21 | | isomers);
| 22 | | (5) Concentrate of poppy straw (the crude extract of | 23 | | poppy straw in
either liquid, solid or powder form which | 24 | | contains the phenanthrine
alkaloids of the opium poppy).
| 25 | | (c) Unless specifically excepted or unless listed in | 26 | | another
schedule any of the following opiates, including their |
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| 1 | | isomers, esters,
ethers, salts, and salts of isomers, whenever | 2 | | the existence of these
isomers, esters, ethers and salts is | 3 | | possible within the specific
chemical designation, dextrorphan | 4 | | excepted:
| 5 | | (1) Alfentanil;
| 6 | | (1.1) Carfentanil;
| 7 | | (1.2) Thiafentanyl; | 8 | | (2) Alphaprodine;
| 9 | | (3) Anileridine;
| 10 | | (4) Bezitramide;
| 11 | | (5) Bulk Dextropropoxyphene (non-dosage forms);
| 12 | | (6) Dihydrocodeine;
| 13 | | (7) Diphenoxylate;
| 14 | | (8) Fentanyl;
| 15 | | (9) Sufentanil;
| 16 | | (9.5) Remifentanil;
| 17 | | (10) Isomethadone;
| 18 | | (11) (Blank);
| 19 | | (12) Levorphanol (Levorphan);
| 20 | | (13) Metazocine;
| 21 | | (14) Methadone;
| 22 | | (15) Methadone-Intermediate,
| 23 | | 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
| 24 | | (16) Moramide-Intermediate,
| 25 | | 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
| 26 | | acid;
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| 1 | | (17) Pethidine (meperidine);
| 2 | | (18) Pethidine-Intermediate-A,
| 3 | | 4-cyano-1-methyl-4-phenylpiperidine;
| 4 | | (19) Pethidine-Intermediate-B,
| 5 | | ethyl-4-phenylpiperidine-4-carboxylate;
| 6 | | (20) Pethidine-Intermediate-C,
| 7 | | 1-methyl-4-phenylpiperidine-4-carboxylic acid;
| 8 | | (21) Phenazocine;
| 9 | | (22) Piminodine;
| 10 | | (23) Racemethorphan;
| 11 | | (24) (Blank);
| 12 | | (25) Levo-alphacetylmethadol (some other names:
| 13 | | levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM).
| 14 | | (d) Unless specifically excepted or unless listed in | 15 | | another
schedule, any material, compound, mixture, or | 16 | | preparation which contains
any quantity of the following | 17 | | substances having a stimulant effect on
the central nervous | 18 | | system:
| 19 | | (1) Amphetamine, its salts, optical isomers, and salts | 20 | | of its
optical isomers;
| 21 | | (2) Methamphetamine, its salts, isomers, and salts of | 22 | | its isomers;
| 23 | | (3) Phenmetrazine and its salts;
| 24 | | (4) Methylphenidate;
| 25 | | (5) Lisdexamfetamine. | 26 | | (e) Unless specifically excepted or unless listed in |
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| 1 | | another
schedule, any material, compound, mixture, or | 2 | | preparation which contains
any quantity of the following | 3 | | substances having a depressant effect on
the central nervous | 4 | | system, including its salts, isomers, and salts of
isomers | 5 | | whenever the existence of such salts, isomers, and salts of
| 6 | | isomers is possible within the specific chemical designation:
| 7 | | (1) Amobarbital;
| 8 | | (2) Secobarbital;
| 9 | | (3) Pentobarbital;
| 10 | | (4) Pentazocine;
| 11 | | (5) Phencyclidine;
| 12 | | (6) Gluthethimide;
| 13 | | (7) (Blank).
| 14 | | (f) Unless specifically excepted or unless listed in | 15 | | another schedule,
any material, compound, mixture, or | 16 | | preparation which contains any quantity
of the following | 17 | | substances:
| 18 | | (1) Immediate precursor to amphetamine and | 19 | | methamphetamine:
| 20 | | (i) Phenylacetone
| 21 | | Some trade or other names: phenyl-2-propanone;
| 22 | | P2P; benzyl methyl ketone; methyl benzyl ketone.
| 23 | | (2) Immediate precursors to phencyclidine:
| 24 | | (i) 1-phenylcyclohexylamine;
| 25 | | (ii) 1-piperidinocyclohexanecarbonitrile (PCC).
| 26 | | (3) Nabilone.
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| 1 | | (g) Unless specifically excepted or unless listed in | 2 | | another schedule,
any part of the plant Mitragyna speciosa, | 3 | | whether growing or not, and any compound, manufacture, salt, | 4 | | derivative, mixture, or preparation of that plant, including, | 5 | | but not limited to, mitragynine and 7-hydroxymitragynine | 6 | | (commonly known as Kratom). | 7 | | (Source: P.A. 100-368, eff. 1-1-18 .)
| 8 | | (720 ILCS 642/Act rep.) | 9 | | Section 10. The Kratom Control Act is repealed.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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