State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB3170eng

      720 ILCS 570/401          from Ch. 56 1/2, par. 1401
      720 ILCS 570/402          from Ch. 56 1/2, par. 1402
      730 ILCS 5/5-5-3          from Ch. 38, par. 1005-5-3
          Amends   the   Illinois   Controlled   Substances    Act.
      Establishes  various  penalties for the unlawful manufacture,
      delivery, and possession of  methamphetamine.     Amends  the
      Unified   Code  of  Corrections  to  provide  that  a  person
      convicted   of   possessing   an   immediate   precursor   of
      methamphetamine   that   can   be   used    to    manufacture
      methamphetamine   may   not   receive   probation,   periodic
      imprisonment, or conditional discharge.
                                                     LRB9010110RCmg
HB3170 Engrossed                               LRB9010110RCmg
 1        AN ACT to amend the Illinois Controlled Substances Act by
 2    changing Sections 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 401 and 402 as follows:
 7        (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
 8        Sec.  401.  Except  as  authorized  by  this  Act,  it is
 9    unlawful for any person knowingly to manufacture or  deliver,
10    or   possess   with  intent  to  manufacture  or  deliver,  a
11    controlled or counterfeit substance or  controlled  substance
12    analog.   A violation of this Act with respect to each of the
13    controlled substances listed herein constitutes a single  and
14    separate  violation  of  this  Act.   For  purposes  of  this
15    Section,  "controlled  substance  analog" or "analog" means a
16    substance which is intended for human consumption, other than
17    a  controlled  substance,  that  has  a  chemical   structure
18    substantially  similar  to  that of a controlled substance in
19    Schedule I or  II,  or  that  was  specifically  designed  to
20    produce   an  effect  substantially  similar  to  that  of  a
21    controlled substance  in  Schedule  I  or  II.   Examples  of
22    chemical  classes  in  which controlled substance analogs are
23    found  include,  but  are  not  limited  to,  the  following:
24    phenethylamines,   N-substituted   piperidines,   morphinans,
25    ecgonines,   quinazolinones,   substituted    indoles,    and
26    arylcycloalkylamines.  For purposes of this Act, a controlled
27    substance  analog  shall be treated in the same manner as the
28    controlled substance to which it is substantially similar.
29        (a)  Any person who violates this Section with respect to
30    the following amounts of controlled or counterfeit substances
31    or controlled substance analogs, notwithstanding any  of  the
HB3170 Engrossed            -2-                LRB9010110RCmg
 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;
HB3170 Engrossed            -3-                LRB9010110RCmg
 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             (6.5) (A)  not less than 6 years and not  more  than
26        30  years  with respect to 15 grams or more but less than
27        100 grams of a substance  containing  methamphetamine  or
28        any  salt  of an optical isomer of methamphetamine, or an
29        analog thereof;
30                  (B)  not less than 6 years and not more than 40
31             years with respect to 100 grams  or  more  but  less
32             than   400   grams   of   a   substance   containing
33             methamphetamine  or any salt of an optical isomer of
34             methamphetamine, or an analog thereof;
HB3170 Engrossed            -4-                LRB9010110RCmg
 1                  (C)  not less than 6 years and not more than 50
 2             years with respect to 400 grams  or  more  but  less
 3             than   900   grams   of   a   substance   containing
 4             methamphetamine  or any salt of an optical isomer of
 5             methamphetamine, or an analog thereof;
 6                  (D)  not less than 6 years and not more than 60
 7             years with respect to  900  grams  or  more  of  any
 8             substance  containing methamphetamine or any salt of
 9             an optical isomer of methamphetamine, or  an  analog
10             thereof.
11             (7) (A)  not  less than 6 years and not more than 30
12             years with respect to: (i) 15 grams or more but less
13             than 100 grams of a  substance  containing  lysergic
14             acid  diethylamide  (LSD),  or an analog thereof, or
15             (ii) 15 or more objects or  15  or  more  segregated
16             parts  of  an  object  or  objects but less than 200
17             objects or 200 segregated  parts  of  an  object  or
18             objects  containing  in them or having upon them any
19             amounts of any substance  containing  lysergic  acid
20             diethylamide (LSD), or an analog thereof;
21                  (B)  not less than 9 years and not more than 40
22             years  with  respect  to:  (i) 100 grams or more but
23             less  than  400  grams  of  a  substance  containing
24             lysergic  acid  diethylamide  (LSD),  or  an  analog
25             thereof, or (ii) 200 or more objects or 200 or  more
26             segregated  parts  of  an object or objects but less
27             than 600 objects or less than 600  segregated  parts
28             of an object or objects containing in them or having
29             upon  them  any  amount  of any substance containing
30             lysergic  acid  diethylamide  (LSD),  or  an  analog
31             thereof;
32                  (C)  not less than 12 years and not  more  than
33             50  years with respect to: (i) 400 grams or more but
34             less  than  900  grams  of  a  substance  containing
HB3170 Engrossed            -5-                LRB9010110RCmg
 1             lysergic  acid  diethylamide  (LSD),  or  an  analog
 2             thereof, or (ii) 600 or more objects or 600 or  more
 3             segregated  parts  of  an object or objects but less
 4             than 1500 objects or 1500  segregated  parts  of  an
 5             object  or objects containing in them or having upon
 6             them any amount of any substance containing lysergic
 7             acid diethylamide (LSD), or an analog thereof;
 8                  (D)  not less than 15 years and not  more  than
 9             60  years  with respect to: (i) 900 grams or more of
10             any substance containing lysergic acid  diethylamide
11             (LSD),  or  an  analog thereof, or (ii) 1500 or more
12             objects or 1500  or  more  segregated  parts  of  an
13             object  or objects containing in them or having upon
14             them any amount of a substance  containing  lysergic
15             acid diethylamide (LSD), or an analog thereof;
16             (8)  30  grams  or  more of any substance containing
17        pentazocine or any of the salts,  isomers  and  salts  of
18        isomers of pentazocine, or an analog thereof;
19             (9)  30  grams  or  more of any substance containing
20        methaqualone or any of the salts, isomers  and  salts  of
21        isomers of methaqualone, or an analog thereof;
22             (10)  30   grams   or   more   of    any   substance
23        containing  phencyclidine or any of the  salts,   isomers
24        and   salts  of  isomers  of phencyclidine  (PCP),  or an
25        analog  thereof;
26             (10.5)  30 grams or more of any substance containing
27        ketamine or any  of  the  salts,  isomers  and  salts  of
28        isomers of ketamine, or an analog thereof;
29             (11)  200  grams or more of any substance containing
30        any other controlled substance classified in Schedules  I
31        or  II,  or  an  analog  thereof,  which is not otherwise
32        included in this subsection.
33        (b)  Any person sentenced with respect to  violations  of
34    paragraph  (1),  (2),  (3),  (6.5),  or (7) of subsection (a)
HB3170 Engrossed            -6-                LRB9010110RCmg
 1    involving 100 grams or more of the controlled substance named
 2    therein, may in addition to the penalties  provided  therein,
 3    be  fined an amount not more than $500,000 or the full street
 4    value  of  the  controlled  or   counterfeit   substance   or
 5    controlled  substance analog, whichever is greater.  The term
 6    "street value" shall have the  meaning  ascribed  in  Section
 7    110-5  of the Code of Criminal Procedure of 1963.  Any person
 8    sentenced with respect to any other provision  of  subsection
 9    (a),  may  in  addition to the penalties provided therein, be
10    fined an amount not to exceed $500,000.
11        (c)  Any person who violates this Section with regard  to
12    the following amounts of controlled or counterfeit substances
13    or  controlled  substance analogs, notwithstanding any of the
14    provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
15    to the contrary, is guilty of a Class 1 felony.  The fine for
16    violation of this subsection  (c)  shall  not  be  more  than
17    $250,000:
18             (1)  10  or more grams but less than 15 grams of any
19        substance containing heroin, or an analog thereof;
20             (2)  1 gram or more but less than 15  grams  of  any
21        substance containing cocaine, or an analog thereof;
22             (3)  10  grams or more but less than 15 grams of any
23        substance containing morphine, or an analog thereof;
24             (4)  50 grams or more but less than 200 grams of any
25        substance containing peyote, or an analog thereof;
26             (5)  50 grams or more but less than 200 grams of any
27        substance containing a derivative of barbituric  acid  or
28        any  of  the salts of a derivative of barbituric acid, or
29        an analog thereof;
30             (6)  50 grams or more but less than 200 grams of any
31        substance containing amphetamine  or  methamphetamine  or
32        any   salt   of  an  optical  isomer  of  amphetamine  or
33        methamphetamine, or an analog thereof;
34             (6.5)  5 grams or more but less than 15 grams of any
HB3170 Engrossed            -7-                LRB9010110RCmg
 1        substance  containing  methamphetamine  or  any  salt  or
 2        optical isomer of methamphetamine, or an analog thereof;
 3             (7)  (i) 5 grams or more but less than 15  grams  of
 4        any   substance  containing  lysergic  acid  diethylamide
 5        (LSD), or an analog thereof, or (ii) more than 10 objects
 6        or more than 10 segregated parts of an object or  objects
 7        but less than 15 objects or less than 15 segregated parts
 8        of  an  object containing in them or having upon them any
 9        amount  of  any  substance   containing   lysergic   acid
10        diethylamide (LSD), or an analog thereof;
11             (8)  10  grams or more but less than 30 grams of any
12        substance containing pentazocine or  any  of  the  salts,
13        isomers and salts of isomers of pentazocine, or an analog
14        thereof;
15             (9)  10  grams or more but less than 30 grams of any
16        substance containing methaqualone or any  of  the  salts,
17        isomers  and  salts  of  isomers  of  methaqualone, or an
18        analog thereof;
19             (10)  10 grams or more but less than 30 grams of any
20        substance containing phencyclidine or any of  the  salts,
21        isomers  and  salts of isomers of phencyclidine (PCP), or
22        an analog thereof;
23             (10.5)  10 grams or more but less than 30  grams  of
24        any  substance  containing  ketamine or any of the salts,
25        isomers and salts of isomers of ketamine,  or  an  analog
26        thereof;
27             (11)  50  grams  or  more but less than 200 grams of
28        any  substance  containing  a  substance  classified   in
29        Schedules  I  or  II,  or an analog thereof, which is not
30        otherwise included in this subsection.
31        (d)  Any person who violates this Section with regard  to
32    any  other  amount  of  a controlled or counterfeit substance
33    classified in Schedules I or II, or an analog thereof,  which
34    is  (i)  a  narcotic drug, or (ii) lysergic acid diethylamide
HB3170 Engrossed            -8-                LRB9010110RCmg
 1    (LSD) or an analog thereof, or (iii) any substance containing
 2    methamphetamine  or   any   salt   or   optical   isomer   of
 3    methamphetamine, or an analog thereof, is guilty of a Class 2
 4    felony.  The  fine for violation of this subsection (d) shall
 5    not be more than $200,000.
 6        (e)  Any person who violates this Section with regard  to
 7    any  other  amount  of  a controlled or counterfeit substance
 8    classified in Schedule I or II, or an analog  thereof,  which
 9    substance  is  not  included  under  subsection  (d)  of this
10    Section, is  guilty  of  a  Class  3  felony.  The  fine  for
11    violation  of  this  subsection  (e)  shall  not be more than
12    $150,000.
13        (f)  Any person who violates this Section with regard  to
14    any  other  amount  of  a controlled or counterfeit substance
15    classified in Schedule III is guilty of a Class 3 felony. The
16    fine for violation of this subsection (f) shall not  be  more
17    than $125,000.
18        (g)  Any  person who violates this Section with regard to
19    any other amount of a  controlled  or  counterfeit  substance
20    classified  in Schedule IV is guilty of a Class 3 felony. The
21    fine for violation of this subsection (g) shall not  be  more
22    than $100,000.
23        (h)  Any  person who violates this Section with regard to
24    any other amount of a  controlled  or  counterfeit  substance
25    classified  in  Schedule V is guilty of a Class 3 felony. The
26    fine for violation of this subsection (h) shall not  be  more
27    than $75,000.
28        (i)  This  Section  does  not  apply  to the manufacture,
29    possession or distribution of a substance in conformance with
30    the provisions of an approved  new  drug  application  or  an
31    exemption  for  investigational  use  within  the  meaning of
32    Section 505 of the Federal Food, Drug and Cosmetic Act.
33    (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
HB3170 Engrossed            -9-                LRB9010110RCmg
 1        (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
 2        Sec. 402.  Except as otherwise authorized by this Act, it
 3    is unlawful for any person knowingly to possess a  controlled
 4    or  counterfeit  substance.  A  violation  of  this  Act with
 5    respect to each of the controlled  substances  listed  herein
 6    constitutes a single and separate violation of this Act.
 7        (a)  Any person who violates this Section with respect to
 8    the   following  controlled  or  counterfeit  substances  and
 9    amounts, notwithstanding any of the provisions of  subsection
10    (c)  and  (d)  to the contrary, is guilty of a Class 1 felony
11    and shall,  if  sentenced  to  a  term  of  imprisonment,  be
12    sentenced  as  provided  in  this subsection (a) and fined as
13    provided in subsection (b):
14             (1) (A)  not less than 4 years and not more than  15
15             years with respect to 15 grams or more but less than
16             100 grams of a substance containing heroin;
17                  (B)  not less than 6 years and not more than 30
18             years  with  respect  to  100 grams or more but less
19             than 400 grams of a substance containing heroin;
20                  (C)  not less than 8 years and not more than 40
21             years with respect to 400 grams  or  more  but  less
22             than 900 grams of any substance containing heroin;
23                  (D)  not  less  than 10 years and not more than
24             50 years with respect to 900 grams or  more  of  any
25             substance containing heroin;
26             (2) (A)  not  less than 4 years and not more than 15
27             years with respect to 15 grams or more but less than
28             100 grams of any substance containing cocaine;
29                  (B)  not less than 6 years and not more than 30
30             years with respect to 100 grams  or  more  but  less
31             than 400 grams of any substance containing cocaine;
32                  (C)  not less than 8 years and not more than 40
33             years  with  respect  to  400 grams or more but less
34             than 900 grams of any substance containing cocaine;
HB3170 Engrossed            -10-               LRB9010110RCmg
 1                  (D)  not less than 10 years and not  more  than
 2             50  years  with  respect to 900 grams or more of any
 3             substance containing cocaine;
 4             (3) (A)  not less than 4 years and not more than  15
 5             years with respect to 15 grams or more but less than
 6             100 grams of any substance containing morphine;
 7                  (B)  not less than 6 years and not more than 30
 8             years  with  respect  to  100 grams or more but less
 9             than 400 grams of any substance containing morphine;
10                  (C)  not less than 8 years and not more than 40
11             years with respect to 400 grams  or  more  but  less
12             than 900 grams of any substance containing morphine;
13                  (D)  not  less  than 10 years and not more than
14             50 years with respect to 900 grams or  more  of  any
15             substance containing morphine;
16             (4)  200  grams  or more of any substance containing
17        peyote;
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;
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;
24             (6.5)  (A)  not  less than 4 years and not more than
25        15 years with respect to 15 grams or more but  less  than
26        100  grams  of  a substance containing methamphetamine or
27        any salt of an optical isomer of methamphetamine;
28                  (B)  not less than 6 years and not more than 30
29             years with respect to 100 grams  or  more  but  less
30             than   400   grams   of   a   substance   containing
31             methamphetamine  or any salt of an optical isomer of
32             methamphetamine;
33                  (C)  not less than 6 years and not more than 40
34             years with respect to 400 grams  or  more  but  less
HB3170 Engrossed            -11-               LRB9010110RCmg
 1             than   900   grams   of   a   substance   containing
 2             methamphetamine  or any salt of an optical isomer of
 3             methamphetamine;
 4                  (D)  not less than 6 years and not more than 50
 5             years with respect to  900  grams  or  more  of  any
 6             substance  containing methamphetamine or any salt of
 7             an optical isomer of methamphetamine;
 8             (7) (A)  not less than 4 years and not more than  15
 9             years with respect to: (i) 15 grams or more but less
10             than  100 grams of any substance containing lysergic
11             acid diethylamide (LSD), or an  analog  thereof,  or
12             (ii)  15  or  more  objects or 15 or more segregated
13             parts of an object or  objects  but  less  than  200
14             objects  or  200  segregated  parts  of an object or
15             objects containing in them or having upon  them  any
16             amount  of  any  substance  containing lysergic acid
17             diethylamide (LSD), or an analog thereof;
18                  (B)  not less than 6 years and not more than 30
19             years with respect to: (i) 100  grams  or  more  but
20             less  than  400  grams  of  any substance containing
21             lysergic  acid  diethylamide  (LSD),  or  an  analog
22             thereof, or (ii) 200 or more objects or 200 or  more
23             segregated  parts  of  an object or objects but less
24             than 600 objects or less than 600  segregated  parts
25             of an object or objects containing in them or having
26             upon  them  any  amount  of any substance containing
27             lysergic  acid  diethylamide  (LSD),  or  an  analog
28             thereof;
29                  (C)  not less than 8 years and not more than 40
30             years with respect to:  (i) 400 grams  or  more  but
31             less  than  900  grams  of  any substance containing
32             lysergic  acid  diethylamide  (LSD),  or  an  analog
33             thereof, or (ii) 600 or more objects or 600 or  more
34             segregated  parts  of  an object or objects but less
HB3170 Engrossed            -12-               LRB9010110RCmg
 1             than 1500 objects or 1500  segregated  parts  of  an
 2             object  or objects containing in them or having upon
 3             them any amount of any substance containing lysergic
 4             acid diethylamide (LSD), or an analog thereof;
 5                  (D)  not less than 10 years and not  more  than
 6             50  years with respect to:  (i) 900 grams or more of
 7             any substance containing lysergic acid  diethylamide
 8             (LSD),  or  an  analog thereof, or (ii) 1500 or more
 9             objects or 1500  or  more  segregated  parts  of  an
10             object  or objects containing in them or having upon
11             them any amount of a substance  containing  lysergic
12             acid diethylamide (LSD), or an analog thereof;
13             (8)  30  grams  or  more of any substance containing
14        pentazocine or any of the salts,  isomers  and  salts  of
15        isomers of pentazocine, or an analog thereof;
16             (9)  30  grams  or  more of any substance containing
17        methaqualone or any of the salts, isomers  and  salts  of
18        isomers of methaqualone;
19             (10)  30  grams  or more of any substance containing
20        phencyclidine or any of the salts, isomers and  salts  of
21        isomers of phencyclidine (PCP);
22             (10.5)  30 grams or more of any substance containing
23        ketamine  or  any  of  the  salts,  isomers  and salts of
24        isomers of ketamine;
25             (11)  200 grams or more of any substance  containing
26        any  substance classified as a narcotic drug in Schedules
27        I  or  II   which  is  not  otherwise  included  in  this
28        subsection.
29        (b)  Any person sentenced with respect to  violations  of
30    paragraph  (1),  (2),  (3) or (7) of subsection (a) involving
31    100 grams or more of the controlled substance named  therein,
32    may  in  addition to the penalties provided therein, be fined
33    an amount not to exceed $200,000 or the full street value  of
34    the   controlled  or  counterfeit  substances,  whichever  is
HB3170 Engrossed            -13-               LRB9010110RCmg
 1    greater.  The term "street  value"  shall  have  the  meaning
 2    ascribed  in  Section 110-5 of the Code of Criminal Procedure
 3    of 1963.  Any person sentenced  with  respect  to  any  other
 4    provision of subsection (a), may in addition to the penalties
 5    provided therein, be fined an amount not to exceed $200,000.
 6        (c)  Any  person who violates this Section with regard to
 7    an amount of a controlled or counterfeit  substance  not  set
 8    forth in subsection (a) or (d) is guilty of a Class 4 felony.
 9    The fine for a violation punishable under this subsection (c)
10    shall not be more than $25,000.
11        (d)  Any  person who violates this Section with regard to
12    any amount of  anabolic  steroid  is  guilty  of  a  Class  C
13    misdemeanor  for  the first offense and a Class B misdemeanor
14    for a subsequent offense committed within 2 years of a  prior
15    conviction.
16    (Source:  P.A.  89-404,  eff.  8-20-95; 90-382, eff. 8-15-97;
17    90-384, eff. 1-1-98; revised 11-13-97.)

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