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90_HB0070enr
720 ILCS 570/206 from Ch. 56 1/2, par. 1206
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
Amends the Illinois Controlled Substances Act.
Classifies ketamine hydrochloride as a Schedule II controlled
substance. Prohibits the knowing manufacture, delivery, or
possession with intent to manufacture or delivery of ketamine
hydrochloride. Makes violation a Class X felony for the
manufacture of 30 or more grams and a fine of not more than
$500,000; a Class 1 felony for the manufacture of 10 or more
grams and less than 30 grams and a fine of not more than
$250,000; and a Class 3 felony for the manufacture of less
than 10 grams and a fine of not more than $150,000.
Effective immediately.
LRB9000429RCks
HB0070 Enrolled LRB9000429RCks
1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Sections 204, 208, 401 and 402.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Sections 204, 208, 401 and 402 as
7 follows:
8 (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
9 Sec. 204. (a) The controlled substances listed in this
10 Section are included in Schedule I.
11 (b) Unless specifically excepted or unless listed in
12 another schedule, any of the following opiates, including
13 their isomers, esters, ethers, salts, and salts of isomers,
14 esters, and ethers, whenever the existence of such isomers,
15 esters, ethers and salts is possible within the specific
16 chemical designation:
17 (1) Acetylmethadol;
18 (1.1) Acetyl-alpha-methylfentanyl
19 (N-[1-(1-methyl-2-phenethyl)-
20 4-piperidinyl]-N-phenylacetamide);
21 (2) Allylprodine;
22 (3) Alphacetylmethadol, except
23 levo-alphacetylmethadol (also known as levo-alpha-
24 acetylmethadol, levomethadyl acetate, or LAAM);
25 (4) Alphameprodine;
26 (5) Alphamethadol;
27 (6) Alpha-methylfentanyl
28 (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
29 propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
30 propanilido) piperidine;
31 (6.1) Alpha-methylthiofentanyl
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1 (N-[1-methyl-2-(2-thienyl)ethyl-
2 4-piperidinyl]-N-phenylpropanamide);
3 (7) 1-methyl-4-phenyl-4-proprionoxypiperidine
4 (MPPP);
5 (7.1) PEPAP
6 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
7 (8) Benzethidine;
8 (9) Betacetylmethadol;
9 (9.1) Beta-hydroxyfentanyl
10 (N-[1-(2-hydroxy-2-phenethyl)-
11 4-piperidinyl]-N-phenylpropanamide);
12 (10) Betameprodine;
13 (11) Betamethadol;
14 (12) Betaprodine;
15 (13) Clonitazene;
16 (14) Dextromoramide;
17 (15) Diampromide;
18 (16) Diethylthiambutene;
19 (17) Difenoxin;
20 (18) Dimenoxadol;
21 (19) Dimepheptanol;
22 (20) Dimethylthiambutene;
23 (21) Dioxaphetylbutyrate;
24 (22) Dipipanone;
25 (23) Ethylmethylthiambutene;
26 (24) Etonitazene;
27 (25) Etoxeridine;
28 (26) Furethidine;
29 (27) Hydroxpethidine;
30 (28) Ketobemidone;
31 (29) Levomoramide;
32 (30) Levophenacylmorphan;
33 (31) 3-Methylfentanyl
34 (N-[3-methyl-1-(2-phenylethyl)-
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1 4-piperidyl]-N-phenylpropanamide);
2 (31.1) 3-Methylthiofentanyl
3 (N-[(3-methyl-1-(2-thienyl)ethyl-
4 4-piperidinyl]-N-phenylpropanamide);
5 (32) Morpheridine;
6 (33) Noracymethadol;
7 (34) Norlevorphanol;
8 (35) Normethadone;
9 (36) Norpipanone;
10 (36.1) Para-fluorofentanyl
11 (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
12 4-piperidinyl]propanamide);
13 (37) Phenadoxone;
14 (38) Phenampromide;
15 (39) Phenomorphan;
16 (40) Phenoperidine;
17 (41) Piritramide;
18 (42) Proheptazine;
19 (43) Properidine;
20 (44) Propiram;
21 (45) Racemoramide;
22 (45.1) Thiofentanyl
23 (N-phenyl-N-[1-(2-thienyl)ethyl-
24 4-piperidinyl]-propanamide);
25 (46) Tilidine;
26 (47) Trimeperidine;
27 (48) Beta-hydroxy-3-methylfentanyl (other name:
28 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
29 N-phenylpropanamide).
30 (c) Unless specifically excepted or unless listed in
31 another schedule, any of the following opium derivatives,
32 its salts, isomers and salts of isomers, whenever the
33 existence of such salts, isomers and salts of isomers is
34 possible within the specific chemical designation:
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1 (1) Acetorphine;
2 (2) Acetyldihydrocodeine;
3 (3) Benzylmorphine;
4 (4) Codeine methylbromide;
5 (5) Codeine-N-Oxide;
6 (6) Cyprenorphine;
7 (7) Desomorphine;
8 (8) Diacetyldihydromorphine (Dihydroheroin);
9 (9) Dihydromorphine;
10 (10) Drotebanol;
11 (11) Etorphine (except hydrochloride salt);
12 (12) Heroin;
13 (13) Hydromorphinol;
14 (14) Methyldesorphine;
15 (15) Methyldihydromorphine;
16 (16) Morphine methylbromide;
17 (17) Morphine methylsulfonate;
18 (18) Morphine-N-Oxide;
19 (19) Myrophine;
20 (20) Nicocodeine;
21 (21) Nicomorphine;
22 (22) Normorphine;
23 (23) Pholcodine;
24 (24) Thebacon.
25 (d) Unless specifically excepted or unless listed in
26 another schedule, any material, compound, mixture, or
27 preparation which contains any quantity of the following
28 hallucinogenic substances, or which contains any of its
29 salts, isomers and salts of isomers, whenever the existence
30 of such salts, isomers, and salts of isomers is possible
31 within the specific chemical designation (for the purposes of
32 this paragraph only, the term "isomer" includes the optical,
33 position and geometric isomers):
34 (1) 3,4-methylenedioxyamphetamine
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1 (alpha-methyl,3,4-methylenedioxyphenethylamine,
2 methylenedioxyamphetamine, MDA);
3 (1.1) Alpha-ethyltryptamine
4 (some trade or other names: etryptamine;
5 MONASE; alpha-ethyl-1H-indole-3-ethanamine;
6 3-(2-aminobutyl)indole; a-ET; and AET);
7 (2) 3,4-methylenedioxymethamphetamine (MDMA);
8 (2.1) 3,4-methylenedioxy-N-ethylamphetamine
9 (also known as: N-ethyl-alpha-methyl-
10 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
11 and MDEA);
12 (3) 3-methoxy-4,5-methylenedioxyamphetamine,
13 (MMDA);
14 (4) 3,4,5-trimethoxyamphetamine (TMA);
15 (5) 5-hydroxydimethyltryptamine (Bufotenine);
16 (6) Diethyltryptamine (DET);
17 (7) Dimethyltryptamine (DMT);
18 (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
19 (9) Ibogaine (some trade and other names:
20 7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
21 6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
22 indole; Tabernanthe iboga);
23 (10) Lysergic acid diethylamide;
24 (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
25 (12) Peyote (meaning all parts of the plant
26 presently classified botanically as Lophophora williemaii
27 Lemaire, whether growing or not, the seeds thereof, any
28 extract from any part of that plant, and every compound,
29 manufacture, salts, derivative, mixture, or preparation
30 of that plant, its seeds or extracts);
31 (13) N-ethyl-3-piperidyl benzilate (JB 318);
32 (14) N-methyl-3-piperidyl benzilate;
33 (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
34 (also known as N-hydroxy-alpha-methyl-
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1 3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
2 (15) Parahexyl; some trade or other names:
3 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
4 dibenzo (b,d) pyran; Synhexyl;
5 (16) Psilocybin;
6 (17) Psilocyn;
7 (18) Alpha-methyltryptamine (AMT);
8 (19) 2,5-dimethoxyamphetamine
9 (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
10 (20) 4-bromo-2,5-dimethoxyamphetamine
11 (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
12 4-bromo-2,5-DMA);
13 (21) 4-methoxyamphetamine
14 (4-methoxy-alpha-methylphenethylamine;
15 paramethoxyamphetamine; PMA);
16 (22) Thiophene analog of phencyclidine (TPCP);
17 (23) Ethylamine analog of phencyclidine. Some
18 trade or other names: N-ethyl-l-phenylcyclohexylamine,
19 (l-phenylcyclohexyl) ethylamine, N-(l-phenylcyclohexyl)
20 ethylamine, cyclohexamine, PCE;
21 (24) Pyrrolidine analog of phencyclidine. Some
22 trade or other names: l-(l-phenylcyclohexyl) pyrrolidine,
23 PCPy, PHP;
24 (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
25 (26) 2,5-dimethoxy-4-ethylamphetamine
26 (another name: DOET);
27 (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
28 (another name: TCPy);
29 (28) 3,4-methylenedioxy amphetamine;
30 (29) Thiophene analog of phencyclidine (some trade
31 or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
32 2-thienyl analog of phencyclidine; TPCP; TCP);
33 (30) Bufotenine (some trade or other names:
34 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
HB0070 Enrolled -7- LRB9000429RCks
1 3-(2-dimethylaminoethyl)-5-indolol;
2 5-hydroxy-N,N-dimethyltryptamine;
3 N,N-dimethylserotonin; mappine).
4 (e) Unless specifically excepted or unless listed in
5 another schedule, any material, compound, mixture, or
6 preparation which contains any quantity of the following
7 substances having a depressant effect on the central nervous
8 system, including its salts, isomers, and salts of isomers
9 whenever the existence of such salts, isomers, and salts of
10 isomers is possible within the specific chemical designation:
11 (1) mecloqualone; and
12 (2) methaqualone; and.
13 (3) gamma hydroxybutyric acid.
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 having a stimulant effect on the central nervous
18 system, including its salts, isomers, and salts of isomers:
19 (1) Fenethylline;
20 (2) N-ethylamphetamine;
21 (3) Aminorex (some other names:
22 2-amino-5-phenyl-2-oxazoline; aminoxaphen;
23 4-5-dihydro-5-phenyl-2-oxazolamine) and its
24 salts, optical isomers, and salts of optical isomers;
25 (4) Methcathinone (some other names:
26 2-methylamino-1-phenylpropan-1-one;
27 Ephedrone; 2-(methylamino)-propiophenone;
28 alpha-(methylamino)propiophenone; N-methylcathinone;
29 methycathinone; Monomethylpropion; UR 1431) and its
30 salts, optical isomers, and salts of optical isomers;
31 (5) Chathinone (some trade or other names:
32 2-aminopropiophenone; alpha-aminopropiophenone;
33 2-amino-1-phenyl-propanone; norephedrone);
34 (6) N,N-dimethylamphetamine (also known as:
HB0070 Enrolled -8- LRB9000429RCks
1 N,N-alpha-trimethyl-benzeneethanamine;
2 N,N-alpha-trimethylphenethylamine);
3 (7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
4 4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine).
5 (Source: P.A. 88-168; 89-202, eff. 10-1-95.)
6 (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
7 Sec. 208. (a) The controlled substances listed in this
8 Section are included in Schedule III.
9 (b) Unless specifically excepted or unless listed in
10 another schedule, any material, compound, mixture, or
11 preparation which contains any quantity of the following
12 substances having a stimulant effect on the central nervous
13 system, including its salts, isomers (whether optical
14 position, or geometric), and salts of such isomers whenever
15 the existence of such salts, isomers, and salts of isomers is
16 possible within the specific chemical designation;
17 (1) Those compounds, mixtures, or preparations in
18 dosage unit form containing any stimulant substances
19 listed in Schedule II which compounds, mixtures, or
20 preparations were listed on August 25, 1971, as excepted
21 compounds under Title 21, Code of Federal Regulations,
22 Section 308.32, and any other drug of the quantitative
23 composition shown in that list for those drugs or which
24 is the same except that it contains a lesser quantity of
25 controlled substances;
26 (2) Benzphetamine;
27 (3) Chlorphentermine;
28 (4) Clortermine;
29 (5) Phendimetrazine.
30 (c) Unless specifically excepted or unless listed in
31 another schedule, any material, compound, mixture, or
32 preparation which contains any quantity of the following
33 substances having a potential for abuse associated with a
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1 depressant effect on the central nervous system:
2 (1) Any compound, mixture, or preparation
3 containing amobarbital, secobarbital, pentobarbital or
4 any salt thereof and one or more other active medicinal
5 ingredients which are not listed in any schedule;
6 (2) Any suppository dosage form containing
7 amobarbital, secobarbital, pentobarbital or any salt of
8 any of these drugs and approved by the Federal Food and
9 Drug Administration for marketing only as a suppository;
10 (3) Any substance which contains any quantity of a
11 derivative of barbituric acid, or any salt thereof:
12 (4) Chlorhexadol;
13 (5) Methyprylon;
14 (6) Sulfondiethylmethane;
15 (7) Sulfonethylmethane;
16 (8) Sulfonmethane;
17 (9) Lysergic acid;
18 (10) Lysergic acid amide;
19 (10.1) Tiletamine or zolazepam or both, or any salt
20 of either of them.
21 Some trade or other names for a tiletamine-zolazepam
22 combination product: Telazol.
23 Some trade or other names for Tiletamine:
24 2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
25 Some trade or other names for zolazepam:
26 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
27 [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
28 (11) Any material, compound, mixture or preparation
29 containing not more than 12.5 milligrams of pentazocine
30 or any of its salts, per 325 milligrams of aspirin;
31 (12) Any material, compound, mixture or preparation
32 containing not more than 12.5 milligrams of pentazocine
33 or any of its salts, per 325 milligrams of acetaminophen;
34 (13) Any material, compound, mixture or preparation
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1 containing not more than 50 milligrams of pentazocine or
2 any of its salts plus naloxone HCl USP 0.5 milligrams,
3 per dosage unit;.
4 (14) Ketamine.
5 (d) Nalorphine.
6 (e) Unless specifically excepted or unless listed in
7 another schedule, any material, compound, mixture, or
8 preparation containing limited quantities of any of the
9 following narcotic drugs, or their salts calculated as the
10 free anhydrous base or alkaloid, as set forth below:
11 (1) not more than 1.8 grams of codeine per 100
12 milliliters or not more than 90 milligrams per dosage
13 unit, with an equal or greater quantity of an
14 isoquinoline alkaloid of opium;
15 (2) not more than 1.8 grams of codeine per 100
16 milliliters or not more than 90 milligrams per dosage
17 unit, with one or more active non-narcotic ingredients in
18 recognized therapeutic amounts;
19 (3) not more than 300 milligrams of
20 dihydrocodeinone per 100 milliliters or not more than 15
21 milligrams per dosage unit, with a fourfold or greater
22 quantity of an isoquinoline alkaloid of opium;
23 (4) not more than 300 milligrams of
24 dihydrocodeinone per 100 milliliters or not more than 15
25 milligrams per dosage unit, with one or more active,
26 non-narcotic ingredients in recognized therapeutic
27 amounts;
28 (5) not more than 1.8 grams of dihydrocodeine per
29 100 milliliters or not more than 90 milligrams per dosage
30 unit, with one or more active, non-narcotic ingredients
31 in recognized therapeutic amounts;
32 (6) not more than 300 milligrams of ethylmorphine
33 per 100 milliliters or not more than 15 milligrams per
34 dosage unit, with one or more active, non-narcotic
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1 ingredients in recognized therapeutic amounts;
2 (7) not more than 500 milligrams of opium per 100
3 milliliters or per 100 grams, or not more than 25
4 milligrams per dosage unit, with one or more active,
5 non-narcotic ingredients in recognized therapeutic
6 amounts;
7 (8) not more than 50 milligrams of morphine per 100
8 milliliters or per 100 grams with one or more active,
9 non-narcotic ingredients in recognized therapeutic
10 amounts.
11 (f) Anabolic steroids, except the following anabolic
12 steroids that are exempt:
13 (1) Androgyn L.A.;
14 (2) Andro-Estro 90-4;
15 (3) depANDROGYN;
16 (4) DEPO-T.E.;
17 (5) depTESTROGEN;
18 (6) Duomone;
19 (7) DURATESTRIN;
20 (8) DUO-SPAN II;
21 (9) Estratest;
22 (10) Estratest H.S.;
23 (11) PAN ESTRA TEST;
24 (12) Premarin with Methyltestosterone;
25 (13) TEST-ESTRO Cypionates;
26 (14) Testosterone Cyp 50 Estradiol Cyp 2;
27 (15) Testosterone Cypionate-Estradiol Cypionate
28 injection; and
29 (16) Testosterone Enanthate-Estradiol Valerate
30 injection.
31 (g) The Department may except by rule any compound,
32 mixture, or preparation containing any stimulant or
33 depressant substance listed in subsection (b) from the
34 application of all or any part of this Act if the compound,
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1 mixture, or preparation contains one or more active medicinal
2 ingredients not having a stimulant or depressant effect on
3 the central nervous system, and if the admixtures are
4 included therein in combinations, quantity, proportion, or
5 concentration that vitiate the potential for abuse of the
6 substances which have a stimulant or depressant effect on the
7 central nervous system.
8 (Source: P.A. 88-168; 89-202, eff. 10-1-95.)
9 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
10 Sec. 401. Except as authorized by this Act, it is
11 unlawful for any person knowingly to manufacture or deliver,
12 or possess with intent to manufacture or deliver, a
13 controlled or counterfeit substance or controlled substance
14 analog. A violation of this Act with respect to each of the
15 controlled substances listed herein constitutes a single and
16 separate violation of this Act. For purposes of this
17 Section, "controlled substance analog" or "analog" means a
18 substance which is intended for human consumption, other than
19 a controlled substance, that has a chemical structure
20 substantially similar to that of a controlled substance in
21 Schedule I or II, or that was specifically designed to
22 produce an effect substantially similar to that of a
23 controlled substance in Schedule I or II. Examples of
24 chemical classes in which controlled substance analogs are
25 found include, but are not limited to, the following:
26 phenethylamines, N-substituted piperidines, morphinans,
27 ecgonines, quinazolinones, substituted indoles, and
28 arylcycloalkylamines. For purposes of this Act, a controlled
29 substance analog shall be treated in the same manner as the
30 controlled substance to which it is substantially similar.
31 (a) Any person who violates this Section with respect to
32 the following amounts of controlled or counterfeit substances
33 or controlled substance analogs, notwithstanding any of the
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1 provisions of subsections (c), (d), (e), (f), (g) or (h) to
2 the contrary, is guilty of a Class X felony and shall be
3 sentenced to a term of imprisonment as provided in this
4 subsection (a) and fined as provided in subsection (b):
5 (1) (A) not less than 6 years and not more than 30
6 years with respect to 15 grams or more but less than
7 100 grams of a substance containing heroin, or an
8 analog thereof;
9 (B) not less than 9 years and not more than 40
10 years with respect to 100 grams or more but less
11 than 400 grams of a substance containing heroin, or
12 an analog thereof;
13 (C) not less than 12 years and not more than
14 50 years with respect to 400 grams or more but less
15 than 900 grams of a substance containing heroin, or
16 an analog thereof;
17 (D) not less than 15 years and not more than
18 60 years with respect to 900 grams or more of any
19 substance containing heroin, or an analog thereof;
20 (2) (A) not less than 6 years and not more than 30
21 years with respect to 15 grams or more but less than
22 100 grams of a substance containing cocaine, or an
23 analog thereof;
24 (B) not less than 9 years and not more than 40
25 years with respect to 100 grams or more but less
26 than 400 grams of a substance containing cocaine, or
27 an analog thereof;
28 (C) not less than 12 years and not more than
29 50 years with respect to 400 grams or more but less
30 than 900 grams of a substance containing cocaine, or
31 an analog thereof;
32 (D) not less than 15 years and not more than
33 60 years with respect to 900 grams or more of any
34 substance containing cocaine, or an analog thereof;
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1 (3) (A) not less than 6 years and not more than 30
2 years with respect to 15 grams or more but less than
3 100 grams of a substance containing morphine, or an
4 analog thereof;
5 (B) not less than 9 years and not more than 40
6 years with respect to 100 grams or more but less
7 than 400 grams of a substance containing morphine,
8 or an analog thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing morphine,
12 or an analog thereof;
13 (D) not less than 15 years and not more than
14 60 years with respect to 900 grams or more of a
15 substance containing morphine, or an analog thereof;
16 (4) 200 grams or more of any substance containing
17 peyote, or an analog thereof;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid, or an analog thereof;
21 (6) 200 grams or more of any substance containing
22 amphetamine or methamphetamine or any salt of an optical
23 isomer of amphetamine or methamphetamine, or an analog
24 thereof;
25 (7) (A) not less than 6 years and not more than 30
26 years with respect to: (i) 15 grams or more but less
27 than 100 grams of a substance containing lysergic
28 acid diethylamide (LSD), or an analog thereof, or
29 (ii) 15 or more objects or 15 or more segregated
30 parts of an object or objects but less than 200
31 objects or 200 segregated parts of an object or
32 objects containing in them or having upon them any
33 amounts of any substance containing lysergic acid
34 diethylamide (LSD), or an analog thereof;
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1 (B) not less than 9 years and not more than 40
2 years with respect to: (i) 100 grams or more but
3 less than 400 grams of a substance containing
4 lysergic acid diethylamide (LSD), or an analog
5 thereof, or (ii) 200 or more objects or 200 or more
6 segregated parts of an object or objects but less
7 than 600 objects or less than 600 segregated parts
8 of an object or objects containing in them or having
9 upon them any amount of any substance containing
10 lysergic acid diethylamide (LSD), or an analog
11 thereof;
12 (C) not less than 12 years and not more than
13 50 years with respect to: (i) 400 grams or more but
14 less than 900 grams of a substance containing
15 lysergic acid diethylamide (LSD), or an analog
16 thereof, or (ii) 600 or more objects or 600 or more
17 segregated parts of an object or objects but less
18 than 1500 objects or 1500 segregated parts of an
19 object or objects containing in them or having upon
20 them any amount of any substance containing lysergic
21 acid diethylamide (LSD), or an analog thereof;
22 (D) not less than 15 years and not more than
23 60 years with respect to: (i) 900 grams or more of
24 any substance containing lysergic acid diethylamide
25 (LSD), or an analog thereof, or (ii) 1500 or more
26 objects or 1500 or more segregated parts of an
27 object or objects containing in them or having upon
28 them any amount of a substance containing lysergic
29 acid diethylamide (LSD), or an analog thereof;
30 (8) 30 grams or more of any substance containing
31 pentazocine or any of the salts, isomers and salts of
32 isomers of pentazocine, or an analog thereof;
33 (9) 30 grams or more of any substance containing
34 methaqualone or any of the salts, isomers and salts of
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1 isomers of methaqualone, or an analog thereof;
2 (10) 30 grams or more of any substance
3 containing phencyclidine or any of the salts, isomers
4 and salts of isomers of phencyclidine (PCP), or an
5 analog thereof;
6 (10.5) 30 grams or more of any substance containing
7 ketamine or any of the salts, isomers and salts of
8 isomers of ketamine, or an analog thereof;
9 (11) 200 grams or more of any substance containing
10 any other controlled substance classified in Schedules I
11 or II, or an analog thereof, which is not otherwise
12 included in this subsection.
13 (b) Any person sentenced with respect to violations of
14 paragraph (1), (2), (3) or (7) of subsection (a) involving
15 100 grams or more of the controlled substance named therein,
16 may in addition to the penalties provided therein, be fined
17 an amount not more than $500,000 or the full street value of
18 the controlled or counterfeit substance or controlled
19 substance analog, whichever is greater. The term "street
20 value" shall have the meaning ascribed in Section 110-5 of
21 the Code of Criminal Procedure of 1963. Any person sentenced
22 with respect to any other provision of subsection (a), may in
23 addition to the penalties provided therein, be fined an
24 amount not to exceed $500,000.
25 (c) Any person who violates this Section with regard to
26 the following amounts of controlled or counterfeit substances
27 or controlled substance analogs, notwithstanding any of the
28 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
29 to the contrary, is guilty of a Class 1 felony. The fine for
30 violation of this subsection (c) shall not be more than
31 $250,000:
32 (1) 10 or more grams but less than 15 grams of any
33 substance containing heroin, or an analog thereof;
34 (2) 1 gram or more but less than 15 grams of any
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1 substance containing cocaine, or an analog thereof;
2 (3) 10 grams or more but less than 15 grams of any
3 substance containing morphine, or an analog thereof;
4 (4) 50 grams or more but less than 200 grams of any
5 substance containing peyote, or an analog thereof;
6 (5) 50 grams or more but less than 200 grams of any
7 substance containing a derivative of barbituric acid or
8 any of the salts of a derivative of barbituric acid, or
9 an analog thereof;
10 (6) 50 grams or more but less than 200 grams of any
11 substance containing amphetamine or methamphetamine or
12 any salt of an optical isomer of amphetamine or
13 methamphetamine, or an analog thereof;
14 (7) (i) 5 grams or more but less than 15 grams of
15 any substance containing lysergic acid diethylamide
16 (LSD), or an analog thereof, or (ii) more than 10 objects
17 or more than 10 segregated parts of an object or objects
18 but less than 15 objects or less than 15 segregated parts
19 of an object containing in them or having upon them any
20 amount of any substance containing lysergic acid
21 diethylamide (LSD), or an analog thereof;
22 (8) 10 grams or more but less than 30 grams of any
23 substance containing pentazocine or any of the salts,
24 isomers and salts of isomers of pentazocine, or an analog
25 thereof;
26 (9) 10 grams or more but less than 30 grams of any
27 substance containing methaqualone or any of the salts,
28 isomers and salts of isomers of methaqualone, or an
29 analog thereof;
30 (10) 10 grams or more but less than 30 grams of any
31 substance containing phencyclidine or any of the salts,
32 isomers and salts of isomers of phencyclidine (PCP), or
33 an analog thereof;
34 (10.5) 10 grams or more but less than 30 grams of
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1 any substance containing ketamine or any of the salts,
2 isomers and salts of isomers of ketamine, or an analog
3 thereof;
4 (11) 50 grams or more but less than 200 grams of
5 any substance containing a substance classified in
6 Schedules I or II, or an analog thereof, which is not
7 otherwise included in this subsection.
8 (d) Any person who violates this Section with regard to
9 any other amount of a controlled or counterfeit substance
10 classified in Schedules I or II, or an analog thereof, which
11 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
12 (LSD) or an analog thereof, is guilty of a Class 2 felony.
13 The fine for violation of this subsection (d) shall not be
14 more than $200,000.
15 (e) Any person who violates this Section with regard to
16 any other amount of a controlled or counterfeit substance
17 classified in Schedule I or II, or an analog thereof, which
18 substance is not included under subsection (d) of this
19 Section, is guilty of a Class 3 felony. The fine for
20 violation of this subsection (e) shall not be more than
21 $150,000.
22 (f) Any person who violates this Section with regard to
23 any other amount of a controlled or counterfeit substance
24 classified in Schedule III is guilty of a Class 3 felony. The
25 fine for violation of this subsection (f) shall not be more
26 than $125,000.
27 (g) Any person who violates this Section with regard to
28 any other amount of a controlled or counterfeit substance
29 classified in Schedule IV is guilty of a Class 3 felony. The
30 fine for violation of this subsection (g) shall not be more
31 than $100,000.
32 (h) Any person who violates this Section with regard to
33 any other amount of a controlled or counterfeit substance
34 classified in Schedule V is guilty of a Class 3 felony. The
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1 fine for violation of this subsection (h) shall not be more
2 than $75,000.
3 (i) This Section does not apply to the manufacture,
4 possession or distribution of a substance in conformance with
5 the provisions of an approved new drug application or an
6 exemption for investigational use within the meaning of
7 Section 505 of the Federal Food, Drug and Cosmetic Act.
8 (Source: P.A. 89-404, eff. 8-20-95.)
9 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
10 Sec. 402. Except as otherwise authorized by this Act, it
11 is unlawful for any person knowingly to possess a controlled
12 or counterfeit substance. A violation of this Act with
13 respect to each of the controlled substances listed herein
14 constitutes a single and separate violation of this Act.
15 (a) Any person who violates this Section with respect to
16 the following controlled or counterfeit substances and
17 amounts, notwithstanding any of the provisions of subsection
18 (c) and (d) to the contrary, is guilty of a Class 1 felony
19 and shall, if sentenced to a term of imprisonment, be
20 sentenced as provided in this subsection (a) and fined as
21 provided in subsection (b):
22 (1) (A) not less than 4 years and not more than 15
23 years with respect to 15 grams or more but less than
24 100 grams of a substance containing heroin;
25 (B) not less than 6 years and not more than 30
26 years with respect to 100 grams or more but less
27 than 400 grams of a substance containing heroin;
28 (C) not less than 8 years and not more than 40
29 years with respect to 400 grams or more but less
30 than 900 grams of any substance containing heroin;
31 (D) not less than 10 years and not more than
32 50 years with respect to 900 grams or more of any
33 substance containing heroin;
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1 (2) (A) not less than 4 years and not more than 15
2 years with respect to 15 grams or more but less than
3 100 grams of any substance containing cocaine;
4 (B) not less than 6 years and not more than 30
5 years with respect to 100 grams or more but less
6 than 400 grams of any substance containing cocaine;
7 (C) not less than 8 years and not more than 40
8 years with respect to 400 grams or more but less
9 than 900 grams of any substance containing cocaine;
10 (D) not less than 10 years and not more than
11 50 years with respect to 900 grams or more of any
12 substance containing cocaine;
13 (3) (A) not less than 4 years and not more than 15
14 years with respect to 15 grams or more but less than
15 100 grams of any substance containing morphine;
16 (B) not less than 6 years and not more than 30
17 years with respect to 100 grams or more but less
18 than 400 grams of any substance containing morphine;
19 (C) not less than 8 years and not more than 40
20 years with respect to 400 grams or more but less
21 than 900 grams of any substance containing morphine;
22 (D) not less than 10 years and not more than
23 50 years with respect to 900 grams or more of any
24 substance containing morphine;
25 (4) 200 grams or more of any substance containing
26 peyote;
27 (5) 200 grams or more of any substance containing a
28 derivative of barbituric acid or any of the salts of a
29 derivative of barbituric acid;
30 (6) 200 grams or more of any substance containing
31 amphetamine or methamphetamine or any salt of an optical
32 isomer of amphetamine or methamphetamine;
33 (7) (A) not less than 4 years and not more than 15
34 years with respect to: (i) 15 grams or more but less
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1 than 100 grams of any substance containing lysergic
2 acid diethylamide (LSD), or an analog thereof, or
3 (ii) 15 or more objects or 15 or more segregated
4 parts of an object or objects but less than 200
5 objects or 200 segregated parts of an object or
6 objects containing in them or having upon them any
7 amount of any substance containing lysergic acid
8 diethylamide (LSD), or an analog thereof;
9 (B) not less than 6 years and not more than 30
10 years with respect to: (i) 100 grams or more but
11 less than 400 grams of any substance containing
12 lysergic acid diethylamide (LSD), or an analog
13 thereof, or (ii) 200 or more objects or 200 or more
14 segregated parts of an object or objects but less
15 than 600 objects or less than 600 segregated parts
16 of an object or objects containing in them or having
17 upon them any amount of any substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof;
20 (C) not less than 8 years and not more than 40
21 years with respect to: (i) 400 grams or more but
22 less than 900 grams of any substance containing
23 lysergic acid diethylamide (LSD), or an analog
24 thereof, or (ii) 600 or more objects or 600 or more
25 segregated parts of an object or objects but less
26 than 1500 objects or 1500 segregated parts of an
27 object or objects containing in them or having upon
28 them any amount of any substance containing lysergic
29 acid diethylamide (LSD), or an analog thereof;
30 (D) not less than 10 years and not more than
31 50 years with respect to: (i) 900 grams or more of
32 any substance containing lysergic acid diethylamide
33 (LSD), or an analog thereof, or (ii) 1500 or more
34 objects or 1500 or more segregated parts of an
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1 object or objects containing in them or having upon
2 them any amount of a substance containing lysergic
3 acid diethylamide (LSD), or an analog thereof;
4 (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
15 isomers of ketamine;
16 (11) 200 grams or more of any substance containing
17 any substance classified as a narcotic drug in Schedules
18 I or II which is not otherwise included in this
19 subsection.
20 (b) Any person sentenced with respect to violations of
21 paragraph (1), (2), (3) or (7) of subsection (a) involving
22 100 grams or more of the controlled substance named therein,
23 may in addition to the penalties provided therein, be fined
24 an amount not to exceed $200,000 or the full street value of
25 the controlled or counterfeit substances, whichever is
26 greater. The term "street value" shall have the meaning
27 ascribed in Section 110-5 of the Code of Criminal Procedure
28 of 1963. Any person sentenced with respect to any other
29 provision of subsection (a), may in addition to the penalties
30 provided therein, be fined an amount not to exceed $200,000.
31 (c) Any person who violates this Section with regard to
32 an amount of a controlled or counterfeit substance not set
33 forth in subsection (a) or (d) is guilty of a Class 4 felony.
34 The fine for a violation punishable under this subsection (c)
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1 shall not be more than $15,000.
2 (d) Any person who violates this Section with regard to
3 any amount of anabolic steroid is guilty of a Class C
4 misdemeanor for the first offense and a Class B misdemeanor
5 for a subsequent offense committed within 2 years of a prior
6 conviction.
7 (Source: P.A. 89-404, eff. 8-20-95.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.