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90_HB0070eng
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.
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1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Sections 206, 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 206, 401 and 402 as follows:
7 (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
8 Sec. 206. (a) The controlled substances listed in this
9 Section are included in Schedule II.
10 (b) Unless specifically excepted or unless listed in
11 another schedule, any of the following substances whether
12 produced directly or indirectly by extraction from substances
13 of vegetable origin, or independently by means of chemical
14 synthesis, or by combination of extraction and chemical
15 synthesis:
16 (1) Opium and opiates, and any salt, compound,
17 derivative or preparation of opium or opiate, excluding
18 apomorphine, dextrorphan, levopropoxyphene, nalbuphine,
19 nalmefene, naloxone, and naltrexone, and their respective
20 salts, but including the following:
21 (i) Raw Opium;
22 (ii) Opium extracts;
23 (iii) Opium fluid extracts;
24 (iv) Powdered opium;
25 (v) Granulated opium;
26 (vi) Tincture of opium;
27 (vii) Codeine;
28 (viii) Ethylmorphine;
29 (ix) Etorphine Hydrochloride;
30 (x) Hydrocodone;
31 (xi) Hydromorphone;
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1 (xii) Metopon;
2 (xiii) Morphine;
3 (xiv) Oxycodone;
4 (xv) Oxymorphone;
5 (xvi) Thebaine;
6 (xvii) Thebaine-derived butorphanol.
7 (2) Any salt, compound, isomer, derivative or
8 preparation thereof which is chemically equivalent or
9 identical with any of the substances referred to in
10 subparagraph (1), but not including the isoquinoline
11 alkaloids of opium;
12 (3) Opium poppy and poppy straw;
13 (4) Coca leaves and any salt, compound, isomer,
14 salt of an isomer, derivative, or preparation of coca
15 leaves including cocaine or ecgonine, and any salt,
16 compound, isomer, derivative, or preparation thereof
17 which is chemically equivalent or identical with any of
18 these substances, but not including decocainized coca
19 leaves or extractions of coca leaves which do not contain
20 cocaine or ecgonine (for the purpose of this paragraph,
21 the term "isomer" includes optical, positional and
22 geometric isomers);
23 (5) Concentrate of poppy straw (the crude extract
24 of poppy straw in either liquid, solid or powder form
25 which contains the phenanthrine alkaloids of the opium
26 poppy).
27 (c) Unless specifically excepted or unless listed in
28 another schedule any of the following opiates, including
29 their isomers, esters, ethers, salts, and salts of isomers,
30 whenever the existence of these isomers, esters, ethers and
31 salts is possible within the specific chemical designation,
32 dextrorphan excepted:
33 (1) Alfentanil;
34 (1.1) Carfentanil;
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1 (2) Alphaprodine;
2 (3) Anileridine;
3 (4) Bezitramide;
4 (5) Bulk Dextropropoxyphene (non-dosage forms);
5 (6) Dihydrocodeine;
6 (7) Diphenoxylate;
7 (8) Fentanyl;
8 (9) Sufentanil;
9 (10) Isomethadone;
10 (11) Levomethorphan;
11 (12) Levorphanol (Levorphan);
12 (13) Metazocine;
13 (14) Methadone;
14 (15) Methadone-Intermediate,
15 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
16 (16) Moramide-Intermediate,
17 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
18 acid;
19 (17) Pethidine (meperidine);
20 (18) Pethidine-Intermediate-A,
21 4-cyano-1-methyl-4-phenylpiperidine;
22 (19) Pethidine-Intermediate-B,
23 ethyl-4-phenylpiperidine-4-carboxylate;
24 (20) Pethidine-Intermediate-C,
25 1-methyl-4-phenylpiperidine-4-carboxylic acid;
26 (21) Phenazocine;
27 (22) Piminodine;
28 (23) Racemethorphan;
29 (24) Racemorphan;
30 (25) Levo-alphacetylmethadol (some other names:
31 levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
32 (d) Unless specifically excepted or unless listed in
33 another schedule, any material, compound, mixture, or
34 preparation which contains any quantity of the following
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1 substances having a stimulant effect on the central nervous
2 system:
3 (1) Amphetamine, its salts, optical isomers, and
4 salts of its optical isomers;
5 (2) Methamphetamine, its salts, isomers, and salts
6 of its isomers;
7 (3) Phenmetrazine and its salts;
8 (4) Methylphenidate.
9 (e) 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 depressant effect on the central nervous
13 system, including its salts, isomers, and salts of isomers
14 whenever the existence of such salts, isomers, and salts of
15 isomers is possible within the specific chemical designation:
16 (1) Amobarbital;
17 (2) Secobarbital;
18 (3) Pentobarbital;
19 (4) Pentazocine;
20 (5) Phencyclidine;
21 (5.5) Ketamine;
22 (6) Gluthethimide;
23 (7) Dronabinol (synthetic) in sesame oil and
24 encapsulated in a soft gelatin capsule in a U.S. Food and
25 Drug Administration-approved drug product. Some other
26 names:
27 (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-
28 pentyl-6H-dibenzo[b,d]pyran-1-ol; (-)-delta-9-(trans)-
29 tetrahydrocannabinol.
30 (f) 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:
34 (1) Immediate precursor to amphetamine and
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1 methamphetamine:
2 (i) Phenylacetone
3 Some trade or other names: phenyl-2-propanone;
4 P2P; benzyl methyl ketone; methyl benzyl ketone.
5 (2) Immediate precursors to phencyclidine:
6 (i) l-phenylcyclohexylamine;
7 (ii) l-piperidinocyclohexanecarbonitrile
8 (PCC).
9 (3) Nabilone.
10 (Source: P.A. 88-168; 89-202, eff. 10-1-95.)
11 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
12 Sec. 401. Except as authorized by this Act, it is
13 unlawful for any person knowingly to manufacture or deliver,
14 or possess with intent to manufacture or deliver, a
15 controlled or counterfeit substance or controlled substance
16 analog. A violation of this Act with respect to each of the
17 controlled substances listed herein constitutes a single and
18 separate violation of this Act. For purposes of this
19 Section, "controlled substance analog" or "analog" means a
20 substance which is intended for human consumption, other than
21 a controlled substance, that has a chemical structure
22 substantially similar to that of a controlled substance in
23 Schedule I or II, or that was specifically designed to
24 produce an effect substantially similar to that of a
25 controlled substance in Schedule I or II. Examples of
26 chemical classes in which controlled substance analogs are
27 found include, but are not limited to, the following:
28 phenethylamines, N-substituted piperidines, morphinans,
29 ecgonines, quinazolinones, substituted indoles, and
30 arylcycloalkylamines. For purposes of this Act, a controlled
31 substance analog shall be treated in the same manner as the
32 controlled substance to which it is substantially similar.
33 (a) Any person who violates this Section with respect to
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1 the following amounts of controlled or counterfeit substances
2 or controlled substance analogs, notwithstanding any of the
3 provisions of subsections (c), (d), (e), (f), (g) or (h) to
4 the contrary, is guilty of a Class X felony and shall be
5 sentenced to a term of imprisonment as provided in this
6 subsection (a) and fined as provided in subsection (b):
7 (1) (A) not less than 6 years and not more than 30
8 years with respect to 15 grams or more but less than
9 100 grams of a substance containing heroin, or an
10 analog thereof;
11 (B) not less than 9 years and not more than 40
12 years with respect to 100 grams or more but less
13 than 400 grams of a substance containing heroin, or
14 an analog thereof;
15 (C) not less than 12 years and not more than
16 50 years with respect to 400 grams or more but less
17 than 900 grams of a substance containing heroin, or
18 an analog thereof;
19 (D) not less than 15 years and not more than
20 60 years with respect to 900 grams or more of any
21 substance containing heroin, or an analog thereof;
22 (2) (A) not less than 6 years and not more than 30
23 years with respect to 15 grams or more but less than
24 100 grams of a substance containing cocaine, or an
25 analog thereof;
26 (B) not less than 9 years and not more than 40
27 years with respect to 100 grams or more but less
28 than 400 grams of a substance containing cocaine, or
29 an analog thereof;
30 (C) not less than 12 years and not more than
31 50 years with respect to 400 grams or more but less
32 than 900 grams of a substance containing cocaine, or
33 an analog thereof;
34 (D) not less than 15 years and not more than
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1 60 years with respect to 900 grams or more of any
2 substance containing cocaine, or an analog thereof;
3 (3) (A) not less than 6 years and not more than 30
4 years with respect to 15 grams or more but less than
5 100 grams of a substance containing morphine, or an
6 analog thereof;
7 (B) not less than 9 years and not more than 40
8 years with respect to 100 grams or more but less
9 than 400 grams of a substance containing morphine,
10 or an analog thereof;
11 (C) not less than 12 years and not more than
12 50 years with respect to 400 grams or more but less
13 than 900 grams of a substance containing morphine,
14 or an analog thereof;
15 (D) not less than 15 years and not more than
16 60 years with respect to 900 grams or more of a
17 substance containing morphine, or an analog thereof;
18 (4) 200 grams or more of any substance containing
19 peyote, or an analog thereof;
20 (5) 200 grams or more of any substance containing a
21 derivative of barbituric acid or any of the salts of a
22 derivative of barbituric acid, or an analog thereof;
23 (6) 200 grams or more of any substance containing
24 amphetamine or methamphetamine or any salt of an optical
25 isomer of amphetamine or methamphetamine, or an analog
26 thereof;
27 (7) (A) not less than 6 years and not more than 30
28 years with respect to: (i) 15 grams or more but less
29 than 100 grams of a substance containing lysergic
30 acid diethylamide (LSD), or an analog thereof, or
31 (ii) 15 or more objects or 15 or more segregated
32 parts of an object or objects but less than 200
33 objects or 200 segregated parts of an object or
34 objects containing in them or having upon them any
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1 amounts of any substance containing lysergic acid
2 diethylamide (LSD), or an analog thereof;
3 (B) not less than 9 years and not more than 40
4 years with respect to: (i) 100 grams or more but
5 less than 400 grams of a substance containing
6 lysergic acid diethylamide (LSD), or an analog
7 thereof, or (ii) 200 or more objects or 200 or more
8 segregated parts of an object or objects but less
9 than 600 objects or less than 600 segregated parts
10 of an object or objects containing in them or having
11 upon them any amount of any substance containing
12 lysergic acid diethylamide (LSD), or an analog
13 thereof;
14 (C) not less than 12 years and not more than
15 50 years with respect to: (i) 400 grams or more but
16 less than 900 grams of a substance containing
17 lysergic acid diethylamide (LSD), or an analog
18 thereof, or (ii) 600 or more objects or 600 or more
19 segregated parts of an object or objects but less
20 than 1500 objects or 1500 segregated parts of an
21 object or objects containing in them or having upon
22 them any amount of any substance containing lysergic
23 acid diethylamide (LSD), or an analog thereof;
24 (D) not less than 15 years and not more than
25 60 years with respect to: (i) 900 grams or more of
26 any substance containing lysergic acid diethylamide
27 (LSD), or an analog thereof, or (ii) 1500 or more
28 objects or 1500 or more segregated parts of an
29 object or objects containing in them or having upon
30 them any amount of a substance containing lysergic
31 acid diethylamide (LSD), or an analog thereof;
32 (8) 30 grams or more of any substance containing
33 pentazocine or any of the salts, isomers and salts of
34 isomers of pentazocine, or an analog thereof;
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1 (9) 30 grams or more of any substance containing
2 methaqualone or any of the salts, isomers and salts of
3 isomers of methaqualone, or an analog thereof;
4 (10) 30 grams or more of any substance
5 containing phencyclidine or any of the salts, isomers
6 and salts of isomers of phencyclidine (PCP), or an
7 analog thereof;
8 (10.5) 30 grams or more of any substance containing
9 ketamine or any of the salts, isomers and salts of
10 isomers of ketamine, or an analog thereof;
11 (11) 200 grams or more of any substance containing
12 any other controlled substance classified in Schedules I
13 or II, or an analog thereof, which is not otherwise
14 included in this subsection.
15 (b) Any person sentenced with respect to violations of
16 paragraph (1), (2), (3) or (7) of subsection (a) involving
17 100 grams or more of the controlled substance named therein,
18 may in addition to the penalties provided therein, be fined
19 an amount not more than $500,000 or the full street value of
20 the controlled or counterfeit substance or controlled
21 substance analog, whichever is greater. The term "street
22 value" shall have the meaning ascribed in Section 110-5 of
23 the Code of Criminal Procedure of 1963. Any person sentenced
24 with respect to any other provision of subsection (a), may in
25 addition to the penalties provided therein, be fined an
26 amount not to exceed $500,000.
27 (c) Any person who violates this Section with regard to
28 the following amounts of controlled or counterfeit substances
29 or controlled substance analogs, notwithstanding any of the
30 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
31 to the contrary, is guilty of a Class 1 felony. The fine for
32 violation of this subsection (c) shall not be more than
33 $250,000:
34 (1) 10 or more grams but less than 15 grams of any
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1 substance containing heroin, or an analog thereof;
2 (2) 1 gram or more but less than 15 grams of any
3 substance containing cocaine, or an analog thereof;
4 (3) 10 grams or more but less than 15 grams of any
5 substance containing morphine, or an analog thereof;
6 (4) 50 grams or more but less than 200 grams of any
7 substance containing peyote, or an analog thereof;
8 (5) 50 grams or more but less than 200 grams of any
9 substance containing a derivative of barbituric acid or
10 any of the salts of a derivative of barbituric acid, or
11 an analog thereof;
12 (6) 50 grams or more but less than 200 grams of any
13 substance containing amphetamine or methamphetamine or
14 any salt of an optical isomer of amphetamine or
15 methamphetamine, or an analog thereof;
16 (7) (i) 5 grams or more but less than 15 grams of
17 any substance containing lysergic acid diethylamide
18 (LSD), or an analog thereof, or (ii) more than 10 objects
19 or more than 10 segregated parts of an object or objects
20 but less than 15 objects or less than 15 segregated parts
21 of an object containing in them or having upon them any
22 amount of any substance containing lysergic acid
23 diethylamide (LSD), or an analog thereof;
24 (8) 10 grams or more but less than 30 grams of any
25 substance containing pentazocine or any of the salts,
26 isomers and salts of isomers of pentazocine, or an analog
27 thereof;
28 (9) 10 grams or more but less than 30 grams of any
29 substance containing methaqualone or any of the salts,
30 isomers and salts of isomers of methaqualone, or an
31 analog thereof;
32 (10) 10 grams or more but less than 30 grams of any
33 substance containing phencyclidine or any of the salts,
34 isomers and salts of isomers of phencyclidine (PCP), or
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1 an analog thereof;
2 (10.5) 10 grams or more but less than 30 grams of
3 any substance containing ketamine or any of the salts,
4 isomers and salts of isomers of ketamine, or an analog
5 thereof;
6 (11) 50 grams or more but less than 200 grams of
7 any substance containing a substance classified in
8 Schedules I or II, or an analog thereof, which is not
9 otherwise included in this subsection.
10 (d) Any person who violates this Section with regard to
11 any other amount of a controlled or counterfeit substance
12 classified in Schedules I or II, or an analog thereof, which
13 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
14 (LSD) or an analog thereof, is guilty of a Class 2 felony.
15 The fine for violation of this subsection (d) shall not be
16 more than $200,000.
17 (e) Any person who violates this Section with regard to
18 any other amount of a controlled or counterfeit substance
19 classified in Schedule I or II, or an analog thereof, which
20 substance is not included under subsection (d) of this
21 Section, is guilty of a Class 3 felony. The fine for
22 violation of this subsection (e) shall not be more than
23 $150,000.
24 (f) Any person who violates this Section with regard to
25 any other amount of a controlled or counterfeit substance
26 classified in Schedule III is guilty of a Class 3 felony. The
27 fine for violation of this subsection (f) shall not be more
28 than $125,000.
29 (g) Any person who violates this Section with regard to
30 any other amount of a controlled or counterfeit substance
31 classified in Schedule IV is guilty of a Class 3 felony. The
32 fine for violation of this subsection (g) shall not be more
33 than $100,000.
34 (h) Any person who violates this Section with regard to
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1 any other amount of a controlled or counterfeit substance
2 classified in Schedule V is guilty of a Class 3 felony. The
3 fine for violation of this subsection (h) shall not be more
4 than $75,000.
5 (i) This Section does not apply to the manufacture,
6 possession or distribution of a substance in conformance with
7 the provisions of an approved new drug application or an
8 exemption for investigational use within the meaning of
9 Section 505 of the Federal Food, Drug and Cosmetic Act.
10 (Source: P.A. 89-404, eff. 8-20-95.)
11 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
12 Sec. 402. Except as otherwise authorized by this Act, it
13 is unlawful for any person knowingly to possess a controlled
14 or counterfeit substance. A violation of this Act with
15 respect to each of the controlled substances listed herein
16 constitutes a single and separate violation of this Act.
17 (a) Any person who violates this Section with respect to
18 the following controlled or counterfeit substances and
19 amounts, notwithstanding any of the provisions of subsection
20 (c) and (d) to the contrary, is guilty of a Class 1 felony
21 and shall, if sentenced to a term of imprisonment, be
22 sentenced as provided in this subsection (a) and fined as
23 provided in subsection (b):
24 (1) (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 a substance containing heroin;
27 (B) not less than 6 years and not more than 30
28 years with respect to 100 grams or more but less
29 than 400 grams of a substance containing heroin;
30 (C) not less than 8 years and not more than 40
31 years with respect to 400 grams or more but less
32 than 900 grams of any substance containing heroin;
33 (D) not less than 10 years and not more than
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1 50 years with respect to 900 grams or more of any
2 substance containing heroin;
3 (2) (A) not less than 4 years and not more than 15
4 years with respect to 15 grams or more but less than
5 100 grams of any substance containing cocaine;
6 (B) not less than 6 years and not more than 30
7 years with respect to 100 grams or more but less
8 than 400 grams of any substance containing cocaine;
9 (C) not less than 8 years and not more than 40
10 years with respect to 400 grams or more but less
11 than 900 grams of any substance containing cocaine;
12 (D) not less than 10 years and not more than
13 50 years with respect to 900 grams or more of any
14 substance containing cocaine;
15 (3) (A) not less than 4 years and not more than 15
16 years with respect to 15 grams or more but less than
17 100 grams of any substance containing morphine;
18 (B) not less than 6 years and not more than 30
19 years with respect to 100 grams or more but less
20 than 400 grams of any substance containing morphine;
21 (C) not less than 8 years and not more than 40
22 years with respect to 400 grams or more but less
23 than 900 grams of any substance containing morphine;
24 (D) not less than 10 years and not more than
25 50 years with respect to 900 grams or more of any
26 substance containing morphine;
27 (4) 200 grams or more of any substance containing
28 peyote;
29 (5) 200 grams or more of any substance containing a
30 derivative of barbituric acid or any of the salts of a
31 derivative of barbituric acid;
32 (6) 200 grams or more of any substance containing
33 amphetamine or methamphetamine or any salt of an optical
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1 isomer of amphetamine or methamphetamine;
2 (7) (A) not less than 4 years and not more than 15
3 years with respect to: (i) 15 grams or more but less
4 than 100 grams of any substance containing lysergic
5 acid diethylamide (LSD), or an analog thereof, or
6 (ii) 15 or more objects or 15 or more segregated
7 parts of an object or objects but less than 200
8 objects or 200 segregated parts of an object or
9 objects containing in them or having upon them any
10 amount of any substance containing lysergic acid
11 diethylamide (LSD), or an analog thereof;
12 (B) not less than 6 years and not more than 30
13 years with respect to: (i) 100 grams or more but
14 less than 400 grams of any substance containing
15 lysergic acid diethylamide (LSD), or an analog
16 thereof, or (ii) 200 or more objects or 200 or more
17 segregated parts of an object or objects but less
18 than 600 objects or less than 600 segregated parts
19 of an object or objects containing in them or having
20 upon them any amount of any substance containing
21 lysergic acid diethylamide (LSD), or an analog
22 thereof;
23 (C) not less than 8 years and not more than 40
24 years with respect to: (i) 400 grams or more but
25 less than 900 grams of any substance containing
26 lysergic acid diethylamide (LSD), or an analog
27 thereof, or (ii) 600 or more objects or 600 or more
28 segregated parts of an object or objects but less
29 than 1500 objects or 1500 segregated parts of an
30 object or objects containing in them or having upon
31 them any amount of any substance containing lysergic
32 acid diethylamide (LSD), or an analog thereof;
33 (D) not less than 10 years and not more than
34 50 years with respect to: (i) 900 grams or more of
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1 any substance containing lysergic acid diethylamide
2 (LSD), or an analog thereof, or (ii) 1500 or more
3 objects or 1500 or more segregated parts of an
4 object or objects containing in them or having upon
5 them any amount of a substance containing lysergic
6 acid diethylamide (LSD), or an analog thereof;
7 (8) 30 grams or more of any substance containing
8 pentazocine or any of the salts, isomers and salts of
9 isomers of pentazocine, or an analog thereof;
10 (9) 30 grams or more of any substance containing
11 methaqualone or any of the salts, isomers and salts of
12 isomers of methaqualone;
13 (10) 30 grams or more of any substance containing
14 phencyclidine or any of the salts, isomers and salts of
15 isomers of phencyclidine (PCP);
16 (10.5) 30 grams or more of any substance containing
17 ketamine or any of the salts, isomers and salts of
18 isomers of ketamine;
19 (11) 200 grams or more of any substance containing
20 any substance classified as a narcotic drug in Schedules
21 I or II which is not otherwise included in this
22 subsection.
23 (b) Any person sentenced with respect to violations of
24 paragraph (1), (2), (3) or (7) of subsection (a) involving
25 100 grams or more of the controlled substance named therein,
26 may in addition to the penalties provided therein, be fined
27 an amount not to exceed $200,000 or the full street value of
28 the controlled or counterfeit substances, whichever is
29 greater. The term "street value" shall have the meaning
30 ascribed in Section 110-5 of the Code of Criminal Procedure
31 of 1963. Any person sentenced with respect to any other
32 provision of subsection (a), may in addition to the penalties
33 provided therein, be fined an amount not to exceed $200,000.
34 (c) Any person who violates this Section with regard to
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1 an amount of a controlled or counterfeit substance not set
2 forth in subsection (a) or (d) is guilty of a Class 4 felony.
3 The fine for a violation punishable under this subsection (c)
4 shall not be more than $15,000.
5 (d) Any person who violates this Section with regard to
6 any amount of anabolic steroid is guilty of a Class C
7 misdemeanor for the first offense and a Class B misdemeanor
8 for a subsequent offense committed within 2 years of a prior
9 conviction.
10 (Source: P.A. 89-404, eff. 8-20-95.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.