[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 004 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_SB1028
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
720 ILCS 570/206 from Ch. 56 1/2, par. 1206
Amends the Illinois Controlled Substances Act. Provides
that ephedrine is a schedule II controlled substance that may
only be distributed through prescription.
LRB9003507RCks
LRB9003507RCks
1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Sections 102 and 206.
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 102 and 206 as follows:
7 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 102. As used in this Act, unless the context
10 otherwise requires:
11 (a) "Addict" means any person who habitually uses any
12 drug, chemical, substance or dangerous drug other than
13 alcohol so as to endanger the public morals, health, safety
14 or welfare or who is so far addicted to the use of a
15 dangerous drug or controlled substance other than alcohol as
16 to have lost the power of self control with reference to his
17 addiction.
18 (b) "Administer" means the direct application of a
19 controlled substance, whether by injection, inhalation,
20 ingestion, or any other means, to the body of a patient or
21 research subject by:
22 (1) a practitioner (or, in his presence, by his
23 authorized agent), or
24 (2) the patient or research subject at the lawful
25 direction of the practitioner.
26 (c) "Agent" means an authorized person who acts on
27 behalf of or at the direction of a manufacturer, distributor,
28 or dispenser. It does not include a common or contract
29 carrier, public warehouseman or employee of the carrier or
30 warehouseman.
31 (c-1) "Anabolic Steroids" means any drug or hormonal
-2- LRB9003507RCks
1 substance, chemically and pharmacologically related to
2 testosterone (other than estrogens, progestins, and
3 corticosteroids) that promotes muscle growth, and includes:
4 (i) boldenone,
5 (ii) chlorotestosterone,
6 (iii) chostebol,
7 (iv) dehydrochlormethyltestosterone,
8 (v) dihydrotestosterone,
9 (vi) drostanolone,
10 (vii) ethylestrenol,
11 (viii) fluoxymesterone,
12 (ix) formebulone,
13 (x) mesterolone,
14 (xi) methandienone,
15 (xii) methandranone,
16 (xiii) methandriol,
17 (xiv) methandrostenolone,
18 (xv) methenolone,
19 (xvi) methyltestosterone,
20 (xvii) mibolerone,
21 (xviii) nandrolone,
22 (xix) norethandrolone,
23 (xx) oxandrolone,
24 (xxi) oxymesterone,
25 (xxii) oxymetholone,
26 (xxiii) stanolone,
27 (xxiv) stanozolol,
28 (xxv) testolactone,
29 (xxvi) testosterone,
30 (xxvii) trenbolone, and
31 (xxviii) any salt, ester, or isomer of a drug
32 or substance described or listed in this paragraph,
33 if that salt, ester, or isomer promotes muscle
34 growth.
-3- LRB9003507RCks
1 Any person who is otherwise lawfully in possession of an
2 anabolic steroid, or who otherwise lawfully manufactures,
3 distributes, dispenses, delivers, or possesses with intent to
4 deliver an anabolic steroid, which anabolic steroid is
5 expressly intended for and lawfully allowed to be
6 administered through implants to livestock or other nonhuman
7 species, and which is approved by the Secretary of Health and
8 Human Services for such administration, and which the person
9 intends to administer or have administered through such
10 implants, shall not be considered to be in unauthorized
11 possession or to unlawfully manufacture, distribute,
12 dispense, deliver, or possess with intent to deliver such
13 anabolic steroid for purposes of this Act.
14 (d) "Administration" means the Drug Enforcement
15 Administration, United States Department of Justice, or its
16 successor agency.
17 (e) "Control" means to add a drug or other substance, or
18 immediate precursor, to a Schedule under Article II of this
19 Act whether by transfer from another Schedule or otherwise.
20 (f) "Controlled Substance" means a drug, substance, or
21 immediate precursor in the Schedules of Article II of this
22 Act.
23 (g) "Counterfeit substance" means a controlled
24 substance, which, or the container or labeling of which,
25 without authorization bears the trademark, trade name, or
26 other identifying mark, imprint, number or device, or any
27 likeness thereof, of a manufacturer, distributor, or
28 dispenser other than the person who in fact manufactured,
29 distributed, or dispensed the substance.
30 (h) "Deliver" or "delivery" means the actual,
31 constructive or attempted transfer of possession of a
32 controlled substance, with or without consideration, whether
33 or not there is an agency relationship.
34 (i) "Department" means the Illinois Department of
-4- LRB9003507RCks
1 Alcoholism and Substance Abuse of the State of Illinois or
2 its successor agency.
3 (j) "Department of State Police" means the Department of
4 State Police of the State of Illinois or its successor
5 agency.
6 (k) "Department of Corrections" means the Department of
7 Corrections of the State of Illinois or its successor agency.
8 (l) "Department of Professional Regulation" means the
9 Department of Professional Regulation of the State of
10 Illinois or its successor agency.
11 (m) "Depressant" or "stimulant substance" means:
12 (1) a drug which contains any quantity of (i)
13 barbituric acid or any of the salts of barbituric acid
14 which has been designated as habit forming under section
15 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
16 U.S.C. 352 (d)); or
17 (2) a drug which contains any quantity of (i)
18 amphetamine or methamphetamine and any of their optical
19 isomers; (ii) any salt of amphetamine or methamphetamine
20 or any salt of an optical isomer of amphetamine; or (iii)
21 any substance which the Department, after investigation,
22 has found to be, and by rule designated as, habit forming
23 because of its depressant or stimulant effect on the
24 central nervous system; or
25 (3) lysergic acid diethylamide; or
26 (4) any drug which contains any quantity of a
27 substance which the Department, after investigation, has
28 found to have, and by rule designated as having, a
29 potential for abuse because of its depressant or
30 stimulant effect on the central nervous system or its
31 hallucinogenic effect.
32 (n) "Designated product" means any narcotic drug,
33 amphetamine, ephedrine, phenmetrazine, methamphetamine,
34 gluthethimide, pentazocine or cannabis product listed in
-5- LRB9003507RCks
1 Schedule II and also means a controlled substance listed in
2 Schedule II which is determined and designated by the
3 Department or its successor agency to be such a product. A
4 designated product shall only be dispensed upon an official
5 prescription blank.
6 (o) "Director" means the Director of the Department of
7 State Police or the Department of Professional Regulation or
8 his designated agents.
9 (p) "Dispense" means to deliver a controlled substance
10 to an ultimate user or research subject by or pursuant to the
11 lawful order of a prescriber, including the prescribing,
12 administering, packaging, labeling, or compounding necessary
13 to prepare the substance for that delivery.
14 (q) "Dispenser" means a practitioner who dispenses.
15 (r) "Distribute" means to deliver, other than by
16 administering or dispensing, a controlled substance.
17 (s) "Distributor" means a person who distributes.
18 (t) "Drug" means (1) substances recognized as drugs in
19 the official United States Pharmacopoeia, Official
20 Homeopathic Pharmacopoeia of the United States, or official
21 National Formulary, or any supplement to any of them; (2)
22 substances intended for use in diagnosis, cure, mitigation,
23 treatment, or prevention of disease in man or animals; (3)
24 substances (other than food) intended to affect the structure
25 of any function of the body of man or animals and (4)
26 substances intended for use as a component of any article
27 specified in clause (1), (2), or (3) of this subsection. It
28 does not include devices or their components, parts, or
29 accessories.
30 (u) "Good Faith" means the prescribing or dispensing of
31 a controlled substance by a practitioner in the regular
32 course of professional treatment to or for any person who is
33 under his treatment for a pathology or condition other than
34 that individual's physical or psychological dependence upon
-6- LRB9003507RCks
1 or addiction to a controlled substance, except as provided
2 herein: and application of the term to a pharmacist shall
3 mean the dispensing of a controlled substance pursuant to the
4 prescriber's order which in the professional judgment of the
5 pharmacist is lawful. The pharmacist shall be guided by
6 accepted professional standards including, but not limited to
7 the following, in making the judgment:
8 (1) lack of consistency of doctor-patient
9 relationship,
10 (2) frequency of prescriptions for same drug by one
11 prescriber for large numbers of patients,
12 (3) quantities beyond those normally prescribed,
13 (4) unusual dosages,
14 (5) unusual geographic distances between patient,
15 pharmacist and prescriber,
16 (6) consistent prescribing of habit-forming drugs.
17 (u-1) "Home infusion services" means services provided
18 by a pharmacy in compounding solutions for direct
19 administration to a patient in a private residence, long-term
20 care facility, or hospice setting by means of parenteral,
21 intravenous, intramuscular, subcutaneous, or intraspinal
22 infusion.
23 (v) "Immediate precursor" means a substance:
24 (1) which the Department has found to be and by
25 rule designated as being a principal compound used, or
26 produced primarily for use, in the manufacture of a
27 controlled substance;
28 (2) which is an immediate chemical intermediary
29 used or likely to be used in the manufacture of such
30 controlled substance; and
31 (3) the control of which is necessary to prevent,
32 curtail or limit the manufacture of such controlled
33 substance.
34 (w) "Instructional Activities" means the acts of
-7- LRB9003507RCks
1 teaching, educating or instructing by practitioners using
2 controlled substances within educational facilities approved
3 by the State Board of Education or its successor agency.
4 (x) "Local authorities" means a duly organized State,
5 County or Municipal peace unit or police force.
6 (y) "Look-alike substance" means a substance, other than
7 a controlled substance which (1) by overall dosage unit
8 appearance, including shape, color, size, markings or lack
9 thereof, taste, consistency, or any other identifying
10 physical characteristic of the substance, would lead a
11 reasonable person to believe that the substance is a
12 controlled substance, or (2) is expressly or impliedly
13 represented to be a controlled substance or is distributed
14 under circumstances which would lead a reasonable person to
15 believe that the substance is a controlled substance. For the
16 purpose of determining whether the representations made or
17 the circumstances of the distribution would lead a reasonable
18 person to believe the substance to be a controlled substance
19 under this clause (2) of subsection (y), the court or other
20 authority may consider the following factors in addition to
21 any other factor that may be relevant:
22 (a) Statements made by the owner or person in
23 control of the substance concerning its nature, use or
24 effect;
25 (b) Statements made to the buyer or recipient that
26 the substance may be resold for profit;
27 (c) Whether the substance is packaged in a manner
28 normally used for the illegal distribution of controlled
29 substances;
30 (d) Whether the distribution or attempted
31 distribution included an exchange of or demand for money
32 or other property as consideration, and whether the
33 amount of the consideration was substantially greater
34 than the reasonable retail market value of the substance.
-8- LRB9003507RCks
1 Clause (1) of this subsection (y) shall not apply to a
2 noncontrolled substance in its finished dosage form that was
3 initially introduced into commerce prior to the initial
4 introduction into commerce of a controlled substance in its
5 finished dosage form which it may substantially resemble.
6 Nothing in this subsection (y) prohibits the dispensing
7 or distributing of noncontrolled substances by persons
8 authorized to dispense and distribute controlled substances
9 under this Act, provided that such action would be deemed to
10 be carried out in good faith under subsection (u) if the
11 substances involved were controlled substances.
12 Nothing in this subsection (y) or in this Act prohibits
13 the manufacture, preparation, propagation, compounding,
14 processing, packaging, advertising or distribution of a drug
15 or drugs by any person registered pursuant to Section 510 of
16 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
17 (y-1) "Mail-order pharmacy" means a pharmacy that is
18 located in a state of the United States, other than Illinois,
19 that delivers, dispenses or distributes, through the United
20 States Postal Service or other common carrier, to Illinois
21 residents, any substance which requires a prescription.
22 (z) "Manufacture" means the production, preparation,
23 propagation, compounding, conversion or processing of a
24 controlled substance, either directly or indirectly, by
25 extraction from substances of natural origin, or
26 independently by means of chemical synthesis, or by a
27 combination of extraction and chemical synthesis, and
28 includes any packaging or repackaging of the substance or
29 labeling of its container, except that this term does not
30 include:
31 (1) by an ultimate user, the preparation or
32 compounding of a controlled substance for his own use; or
33 (2) by a practitioner, or his authorized agent
34 under his supervision, the preparation, compounding,
-9- LRB9003507RCks
1 packaging, or labeling of a controlled substance:
2 (a) as an incident to his administering or
3 dispensing of a controlled substance in the course
4 of his professional practice; or
5 (b) as an incident to lawful research,
6 teaching or chemical analysis and not for sale.
7 (aa) "Narcotic drug" means any of the following, whether
8 produced directly or indirectly by extraction from substances
9 of natural origin, or independently by means of chemical
10 synthesis, or by a combination of extraction and chemical
11 synthesis:
12 (1) opium and opiate, and any salt, compound,
13 derivative, or preparation of opium or opiate;
14 (2) any salt, compound, isomer, derivative, or
15 preparation thereof which is chemically equivalent or
16 identical with any of the substances referred to in
17 clause (1), but not including the isoquinoline alkaloids
18 of opium;
19 (3) opium poppy and poppy straw;
20 (4) coca leaves and any salts, compound, isomer,
21 salt of an isomer, derivative, or preparation of coca
22 leaves including cocaine or ecgonine, and any salt,
23 compound, isomer, derivative, or preparation thereof
24 which is chemically equivalent or identical with any of
25 these substances, but not including decocainized coca
26 leaves or extractions of coca leaves which do not contain
27 cocaine or ecgonine (for the purpose of this paragraph,
28 the term "isomer" includes optical, positional and
29 geometric isomers).
30 (bb) "Nurse" means a registered nurse licensed under The
31 Illinois Nursing Act of 1987.
32 (cc) "Official prescription blanks" means the triplicate
33 prescription forms supplied to prescribers by the Department
34 for prescribing Schedule II Designated Product controlled
-10- LRB9003507RCks
1 substances.
2 (dd) "Opiate" means any substance having an addiction
3 forming or addiction sustaining liability similar to morphine
4 or being capable of conversion into a drug having addiction
5 forming or addiction sustaining liability.
6 (ee) "Opium poppy" means the plant of the species
7 Papaver somniferum L., except its seeds.
8 (ff) "Parole and Pardon Board" means the Parole and
9 Pardon Board of the State of Illinois or its successor
10 agency.
11 (gg) "Person" means any individual, corporation,
12 mail-order pharmacy, government or governmental subdivision
13 or agency, business trust, estate, trust, partnership or
14 association, or any other entity.
15 (hh) "Pharmacist" means any person who holds a
16 certificate of registration as a registered pharmacist, a
17 local registered pharmacist or a registered assistant
18 pharmacist under the Pharmacy Practice Act of 1987.
19 (ii) "Pharmacy" means any store, ship or other place in
20 which pharmacy is authorized to be practiced under the
21 Pharmacy Practice Act of 1987.
22 (jj) "Poppy straw" means all parts, except the seeds, of
23 the opium poppy, after mowing.
24 (kk) "Practitioner" means a physician, dentist,
25 podiatrist, veterinarian, scientific investigator,
26 pharmacist, licensed practical nurse, registered nurse,
27 hospital, laboratory, or pharmacy, or other person licensed,
28 registered, or otherwise lawfully permitted by the United
29 States or this State to distribute, dispense, conduct
30 research with respect to, administer or use in teaching or
31 chemical analysis, a controlled substance in the course of
32 professional practice or research.
33 (ll) "Pre-printed prescription" means a written
34 prescription upon which the designated drug has been
-11- LRB9003507RCks
1 indicated prior to the time of issuance.
2 (mm) "Prescriber" means a physician, dentist, podiatrist
3 or veterinarian who issues a prescription.
4 (nn) "Prescription" means a lawful written, facsimile,
5 or verbal order of a physician licensed to practice medicine
6 in all its branches, dentist, podiatrist or veterinarian for
7 any controlled substance.
8 (oo) "Production" or "produce" means manufacture,
9 planting, cultivating, growing, or harvesting of a controlled
10 substance.
11 (pp) "Registrant" means every person who is required to
12 register under Section 302 of this Act.
13 (qq) "Registry number" means the number assigned to each
14 person authorized to handle controlled substances under the
15 laws of the United States and of this State.
16 (rr) "State" includes the State of Illinois and any
17 state, district, commonwealth, territory, insular possession
18 thereof, and any area subject to the legal authority of the
19 United States of America.
20 (ss) "Ultimate user" means a person who lawfully
21 possesses a controlled substance for his own use or for the
22 use of a member of his household or for administering to an
23 animal owned by him or by a member of his household.
24 (Source: P.A. 89-202, eff. 10-1-95.)
25 (Text of Section after amendment by P.A. 89-507)
26 Sec. 102. As used in this Act, unless the context
27 otherwise requires:
28 (a) "Addict" means any person who habitually uses any
29 drug, chemical, substance or dangerous drug other than
30 alcohol so as to endanger the public morals, health, safety
31 or welfare or who is so far addicted to the use of a
32 dangerous drug or controlled substance other than alcohol as
33 to have lost the power of self control with reference to his
34 addiction.
-12- LRB9003507RCks
1 (b) "Administer" means the direct application of a
2 controlled substance, whether by injection, inhalation,
3 ingestion, or any other means, to the body of a patient or
4 research subject by:
5 (1) a practitioner (or, in his presence, by his
6 authorized agent), or
7 (2) the patient or research subject at the lawful
8 direction of the practitioner.
9 (c) "Agent" means an authorized person who acts on
10 behalf of or at the direction of a manufacturer, distributor,
11 or dispenser. It does not include a common or contract
12 carrier, public warehouseman or employee of the carrier or
13 warehouseman.
14 (c-1) "Anabolic Steroids" means any drug or hormonal
15 substance, chemically and pharmacologically related to
16 testosterone (other than estrogens, progestins, and
17 corticosteroids) that promotes muscle growth, and includes:
18 (i) boldenone,
19 (ii) chlorotestosterone,
20 (iii) chostebol,
21 (iv) dehydrochlormethyltestosterone,
22 (v) dihydrotestosterone,
23 (vi) drostanolone,
24 (vii) ethylestrenol,
25 (viii) fluoxymesterone,
26 (ix) formebulone,
27 (x) mesterolone,
28 (xi) methandienone,
29 (xii) methandranone,
30 (xiii) methandriol,
31 (xiv) methandrostenolone,
32 (xv) methenolone,
33 (xvi) methyltestosterone,
34 (xvii) mibolerone,
-13- LRB9003507RCks
1 (xviii) nandrolone,
2 (xix) norethandrolone,
3 (xx) oxandrolone,
4 (xxi) oxymesterone,
5 (xxii) oxymetholone,
6 (xxiii) stanolone,
7 (xxiv) stanozolol,
8 (xxv) testolactone,
9 (xxvi) testosterone,
10 (xxvii) trenbolone, and
11 (xxviii) any salt, ester, or isomer of a drug
12 or substance described or listed in this paragraph,
13 if that salt, ester, or isomer promotes muscle
14 growth.
15 Any person who is otherwise lawfully in possession of an
16 anabolic steroid, or who otherwise lawfully manufactures,
17 distributes, dispenses, delivers, or possesses with intent to
18 deliver an anabolic steroid, which anabolic steroid is
19 expressly intended for and lawfully allowed to be
20 administered through implants to livestock or other nonhuman
21 species, and which is approved by the Secretary of Health and
22 Human Services for such administration, and which the person
23 intends to administer or have administered through such
24 implants, shall not be considered to be in unauthorized
25 possession or to unlawfully manufacture, distribute,
26 dispense, deliver, or possess with intent to deliver such
27 anabolic steroid for purposes of this Act.
28 (d) "Administration" means the Drug Enforcement
29 Administration, United States Department of Justice, or its
30 successor agency.
31 (e) "Control" means to add a drug or other substance, or
32 immediate precursor, to a Schedule under Article II of this
33 Act whether by transfer from another Schedule or otherwise.
34 (f) "Controlled Substance" means a drug, substance, or
-14- LRB9003507RCks
1 immediate precursor in the Schedules of Article II of this
2 Act.
3 (g) "Counterfeit substance" means a controlled
4 substance, which, or the container or labeling of which,
5 without authorization bears the trademark, trade name, or
6 other identifying mark, imprint, number or device, or any
7 likeness thereof, of a manufacturer, distributor, or
8 dispenser other than the person who in fact manufactured,
9 distributed, or dispensed the substance.
10 (h) "Deliver" or "delivery" means the actual,
11 constructive or attempted transfer of possession of a
12 controlled substance, with or without consideration, whether
13 or not there is an agency relationship.
14 (i) "Department" means the Illinois Department of Human
15 Services (as successor to the Department of Alcoholism and
16 Substance Abuse) or its successor agency.
17 (j) "Department of State Police" means the Department of
18 State Police of the State of Illinois or its successor
19 agency.
20 (k) "Department of Corrections" means the Department of
21 Corrections of the State of Illinois or its successor agency.
22 (l) "Department of Professional Regulation" means the
23 Department of Professional Regulation of the State of
24 Illinois or its successor agency.
25 (m) "Depressant" or "stimulant substance" means:
26 (1) a drug which contains any quantity of (i)
27 barbituric acid or any of the salts of barbituric acid
28 which has been designated as habit forming under section
29 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
30 U.S.C. 352 (d)); or
31 (2) a drug which contains any quantity of (i)
32 amphetamine or methamphetamine and any of their optical
33 isomers; (ii) any salt of amphetamine or methamphetamine
34 or any salt of an optical isomer of amphetamine; or (iii)
-15- LRB9003507RCks
1 any substance which the Department, after investigation,
2 has found to be, and by rule designated as, habit forming
3 because of its depressant or stimulant effect on the
4 central nervous system; or
5 (3) lysergic acid diethylamide; or
6 (4) any drug which contains any quantity of a
7 substance which the Department, after investigation, has
8 found to have, and by rule designated as having, a
9 potential for abuse because of its depressant or
10 stimulant effect on the central nervous system or its
11 hallucinogenic effect.
12 (n) "Designated product" means any narcotic drug,
13 amphetamine, ephedrine, phenmetrazine, methamphetamine,
14 gluthethimide, pentazocine or cannabis product listed in
15 Schedule II and also means a controlled substance listed in
16 Schedule II which is determined and designated by the
17 Department or its successor agency to be such a product. A
18 designated product shall only be dispensed upon an official
19 prescription blank.
20 (o) "Director" means the Director of the Department of
21 State Police or the Department of Professional Regulation or
22 his designated agents.
23 (p) "Dispense" means to deliver a controlled substance
24 to an ultimate user or research subject by or pursuant to the
25 lawful order of a prescriber, including the prescribing,
26 administering, packaging, labeling, or compounding necessary
27 to prepare the substance for that delivery.
28 (q) "Dispenser" means a practitioner who dispenses.
29 (r) "Distribute" means to deliver, other than by
30 administering or dispensing, a controlled substance.
31 (s) "Distributor" means a person who distributes.
32 (t) "Drug" means (1) substances recognized as drugs in
33 the official United States Pharmacopoeia, Official
34 Homeopathic Pharmacopoeia of the United States, or official
-16- LRB9003507RCks
1 National Formulary, or any supplement to any of them; (2)
2 substances intended for use in diagnosis, cure, mitigation,
3 treatment, or prevention of disease in man or animals; (3)
4 substances (other than food) intended to affect the structure
5 of any function of the body of man or animals and (4)
6 substances intended for use as a component of any article
7 specified in clause (1), (2), or (3) of this subsection. It
8 does not include devices or their components, parts, or
9 accessories.
10 (u) "Good Faith" means the prescribing or dispensing of
11 a controlled substance by a practitioner in the regular
12 course of professional treatment to or for any person who is
13 under his treatment for a pathology or condition other than
14 that individual's physical or psychological dependence upon
15 or addiction to a controlled substance, except as provided
16 herein: and application of the term to a pharmacist shall
17 mean the dispensing of a controlled substance pursuant to the
18 prescriber's order which in the professional judgment of the
19 pharmacist is lawful. The pharmacist shall be guided by
20 accepted professional standards including, but not limited to
21 the following, in making the judgment:
22 (1) lack of consistency of doctor-patient
23 relationship,
24 (2) frequency of prescriptions for same drug by one
25 prescriber for large numbers of patients,
26 (3) quantities beyond those normally prescribed,
27 (4) unusual dosages,
28 (5) unusual geographic distances between patient,
29 pharmacist and prescriber,
30 (6) consistent prescribing of habit-forming drugs.
31 (u-1) "Home infusion services" means services provided
32 by a pharmacy in compounding solutions for direct
33 administration to a patient in a private residence, long-term
34 care facility, or hospice setting by means of parenteral,
-17- LRB9003507RCks
1 intravenous, intramuscular, subcutaneous, or intraspinal
2 infusion.
3 (v) "Immediate precursor" means a substance:
4 (1) which the Department has found to be and by
5 rule designated as being a principal compound used, or
6 produced primarily for use, in the manufacture of a
7 controlled substance;
8 (2) which is an immediate chemical intermediary
9 used or likely to be used in the manufacture of such
10 controlled substance; and
11 (3) the control of which is necessary to prevent,
12 curtail or limit the manufacture of such controlled
13 substance.
14 (w) "Instructional Activities" means the acts of
15 teaching, educating or instructing by practitioners using
16 controlled substances within educational facilities approved
17 by the State Board of Education or its successor agency.
18 (x) "Local authorities" means a duly organized State,
19 County or Municipal peace unit or police force.
20 (y) "Look-alike substance" means a substance, other than
21 a controlled substance which (1) by overall dosage unit
22 appearance, including shape, color, size, markings or lack
23 thereof, taste, consistency, or any other identifying
24 physical characteristic of the substance, would lead a
25 reasonable person to believe that the substance is a
26 controlled substance, or (2) is expressly or impliedly
27 represented to be a controlled substance or is distributed
28 under circumstances which would lead a reasonable person to
29 believe that the substance is a controlled substance. For the
30 purpose of determining whether the representations made or
31 the circumstances of the distribution would lead a reasonable
32 person to believe the substance to be a controlled substance
33 under this clause (2) of subsection (y), the court or other
34 authority may consider the following factors in addition to
-18- LRB9003507RCks
1 any other factor that may be relevant:
2 (a) Statements made by the owner or person in
3 control of the substance concerning its nature, use or
4 effect;
5 (b) Statements made to the buyer or recipient that
6 the substance may be resold for profit;
7 (c) Whether the substance is packaged in a manner
8 normally used for the illegal distribution of controlled
9 substances;
10 (d) Whether the distribution or attempted
11 distribution included an exchange of or demand for money
12 or other property as consideration, and whether the
13 amount of the consideration was substantially greater
14 than the reasonable retail market value of the substance.
15 Clause (1) of this subsection (y) shall not apply to a
16 noncontrolled substance in its finished dosage form that was
17 initially introduced into commerce prior to the initial
18 introduction into commerce of a controlled substance in its
19 finished dosage form which it may substantially resemble.
20 Nothing in this subsection (y) prohibits the dispensing
21 or distributing of noncontrolled substances by persons
22 authorized to dispense and distribute controlled substances
23 under this Act, provided that such action would be deemed to
24 be carried out in good faith under subsection (u) if the
25 substances involved were controlled substances.
26 Nothing in this subsection (y) or in this Act prohibits
27 the manufacture, preparation, propagation, compounding,
28 processing, packaging, advertising or distribution of a drug
29 or drugs by any person registered pursuant to Section 510 of
30 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
31 (y-1) "Mail-order pharmacy" means a pharmacy that is
32 located in a state of the United States, other than Illinois,
33 that delivers, dispenses or distributes, through the United
34 States Postal Service or other common carrier, to Illinois
-19- LRB9003507RCks
1 residents, any substance which requires a prescription.
2 (z) "Manufacture" means the production, preparation,
3 propagation, compounding, conversion or processing of a
4 controlled substance, either directly or indirectly, by
5 extraction from substances of natural origin, or
6 independently by means of chemical synthesis, or by a
7 combination of extraction and chemical synthesis, and
8 includes any packaging or repackaging of the substance or
9 labeling of its container, except that this term does not
10 include:
11 (1) by an ultimate user, the preparation or
12 compounding of a controlled substance for his own use; or
13 (2) by a practitioner, or his authorized agent
14 under his supervision, the preparation, compounding,
15 packaging, or labeling of a controlled substance:
16 (a) as an incident to his administering or
17 dispensing of a controlled substance in the course
18 of his professional practice; or
19 (b) as an incident to lawful research,
20 teaching or chemical analysis and not for sale.
21 (aa) "Narcotic drug" means any of the following, whether
22 produced directly or indirectly by extraction from substances
23 of natural origin, or independently by means of chemical
24 synthesis, or by a combination of extraction and chemical
25 synthesis:
26 (1) opium and opiate, and any salt, compound,
27 derivative, or preparation of opium or opiate;
28 (2) any salt, compound, isomer, derivative, or
29 preparation thereof which is chemically equivalent or
30 identical with any of the substances referred to in
31 clause (1), but not including the isoquinoline alkaloids
32 of opium;
33 (3) opium poppy and poppy straw;
34 (4) coca leaves and any salts, compound, isomer,
-20- LRB9003507RCks
1 salt of an isomer, derivative, or preparation of coca
2 leaves including cocaine or ecgonine, and any salt,
3 compound, isomer, derivative, or preparation thereof
4 which is chemically equivalent or identical with any of
5 these substances, but not including decocainized coca
6 leaves or extractions of coca leaves which do not contain
7 cocaine or ecgonine (for the purpose of this paragraph,
8 the term "isomer" includes optical, positional and
9 geometric isomers).
10 (bb) "Nurse" means a registered nurse licensed under The
11 Illinois Nursing Act of 1987.
12 (cc) "Official prescription blanks" means the triplicate
13 prescription forms supplied to prescribers by the Department
14 for prescribing Schedule II Designated Product controlled
15 substances.
16 (dd) "Opiate" means any substance having an addiction
17 forming or addiction sustaining liability similar to morphine
18 or being capable of conversion into a drug having addiction
19 forming or addiction sustaining liability.
20 (ee) "Opium poppy" means the plant of the species
21 Papaver somniferum L., except its seeds.
22 (ff) "Parole and Pardon Board" means the Parole and
23 Pardon Board of the State of Illinois or its successor
24 agency.
25 (gg) "Person" means any individual, corporation,
26 mail-order pharmacy, government or governmental subdivision
27 or agency, business trust, estate, trust, partnership or
28 association, or any other entity.
29 (hh) "Pharmacist" means any person who holds a
30 certificate of registration as a registered pharmacist, a
31 local registered pharmacist or a registered assistant
32 pharmacist under the Pharmacy Practice Act of 1987.
33 (ii) "Pharmacy" means any store, ship or other place in
34 which pharmacy is authorized to be practiced under the
-21- LRB9003507RCks
1 Pharmacy Practice Act of 1987.
2 (jj) "Poppy straw" means all parts, except the seeds, of
3 the opium poppy, after mowing.
4 (kk) "Practitioner" means a physician, dentist,
5 podiatrist, veterinarian, scientific investigator,
6 pharmacist, licensed practical nurse, registered nurse,
7 hospital, laboratory, or pharmacy, or other person licensed,
8 registered, or otherwise lawfully permitted by the United
9 States or this State to distribute, dispense, conduct
10 research with respect to, administer or use in teaching or
11 chemical analysis, a controlled substance in the course of
12 professional practice or research.
13 (ll) "Pre-printed prescription" means a written
14 prescription upon which the designated drug has been
15 indicated prior to the time of issuance.
16 (mm) "Prescriber" means a physician, dentist, podiatrist
17 or veterinarian who issues a prescription.
18 (nn) "Prescription" means a lawful written, facsimile,
19 or verbal order of a physician licensed to practice medicine
20 in all its branches, dentist, podiatrist or veterinarian for
21 any controlled substance.
22 (oo) "Production" or "produce" means manufacture,
23 planting, cultivating, growing, or harvesting of a controlled
24 substance.
25 (pp) "Registrant" means every person who is required to
26 register under Section 302 of this Act.
27 (qq) "Registry number" means the number assigned to each
28 person authorized to handle controlled substances under the
29 laws of the United States and of this State.
30 (rr) "State" includes the State of Illinois and any
31 state, district, commonwealth, territory, insular possession
32 thereof, and any area subject to the legal authority of the
33 United States of America.
34 (ss) "Ultimate user" means a person who lawfully
-22- LRB9003507RCks
1 possesses a controlled substance for his own use or for the
2 use of a member of his household or for administering to an
3 animal owned by him or by a member of his household.
4 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
5 (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
6 Sec. 206. (a) The controlled substances listed in this
7 Section are included in Schedule II.
8 (b) Unless specifically excepted or unless listed in
9 another schedule, any of the following substances whether
10 produced directly or indirectly by extraction from substances
11 of vegetable origin, or independently by means of chemical
12 synthesis, or by combination of extraction and chemical
13 synthesis:
14 (1) Opium and opiates, and any salt, compound,
15 derivative or preparation of opium or opiate, excluding
16 apomorphine, dextrorphan, levopropoxyphene, nalbuphine,
17 nalmefene, naloxone, and naltrexone, and their respective
18 salts, but including the following:
19 (i) Raw Opium;
20 (ii) Opium extracts;
21 (iii) Opium fluid extracts;
22 (iv) Powdered opium;
23 (v) Granulated opium;
24 (vi) Tincture of opium;
25 (vii) Codeine;
26 (viii) Ethylmorphine;
27 (ix) Etorphine Hydrochloride;
28 (x) Hydrocodone;
29 (xi) Hydromorphone;
30 (xii) Metopon;
31 (xiii) Morphine;
32 (xiv) Oxycodone;
33 (xv) Oxymorphone;
-23- LRB9003507RCks
1 (xvi) Thebaine;
2 (xvii) Thebaine-derived butorphanol.
3 (2) Any salt, compound, isomer, derivative or
4 preparation thereof which is chemically equivalent or
5 identical with any of the substances referred to in
6 subparagraph (1), but not including the isoquinoline
7 alkaloids of opium;
8 (3) Opium poppy and poppy straw;
9 (4) Coca leaves and any salt, compound, isomer,
10 salt of an isomer, derivative, or preparation of coca
11 leaves including cocaine or ecgonine, and any salt,
12 compound, isomer, derivative, or preparation thereof
13 which is chemically equivalent or identical with any of
14 these substances, but not including decocainized coca
15 leaves or extractions of coca leaves which do not contain
16 cocaine or ecgonine (for the purpose of this paragraph,
17 the term "isomer" includes optical, positional and
18 geometric isomers);
19 (5) Concentrate of poppy straw (the crude extract
20 of poppy straw in either liquid, solid or powder form
21 which contains the phenanthrine alkaloids of the opium
22 poppy).
23 (c) Unless specifically excepted or unless listed in
24 another schedule any of the following opiates, including
25 their isomers, esters, ethers, salts, and salts of isomers,
26 whenever the existence of these isomers, esters, ethers and
27 salts is possible within the specific chemical designation,
28 dextrorphan excepted:
29 (1) Alfentanil;
30 (1.1) Carfentanil;
31 (2) Alphaprodine;
32 (3) Anileridine;
33 (4) Bezitramide;
34 (5) Bulk Dextropropoxyphene (non-dosage forms);
-24- LRB9003507RCks
1 (6) Dihydrocodeine;
2 (7) Diphenoxylate;
3 (8) Fentanyl;
4 (9) Sufentanil;
5 (10) Isomethadone;
6 (11) Levomethorphan;
7 (12) Levorphanol (Levorphan);
8 (13) Metazocine;
9 (14) Methadone;
10 (15) Methadone-Intermediate,
11 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
12 (16) Moramide-Intermediate,
13 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
14 acid;
15 (17) Pethidine (meperidine);
16 (18) Pethidine-Intermediate-A,
17 4-cyano-1-methyl-4-phenylpiperidine;
18 (19) Pethidine-Intermediate-B,
19 ethyl-4-phenylpiperidine-4-carboxylate;
20 (20) Pethidine-Intermediate-C,
21 1-methyl-4-phenylpiperidine-4-carboxylic acid;
22 (21) Phenazocine;
23 (22) Piminodine;
24 (23) Racemethorphan;
25 (24) Racemorphan;
26 (25) Levo-alphacetylmethadol (some other names:
27 levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
28 (d) Unless specifically excepted or unless listed in
29 another schedule, any material, compound, mixture, or
30 preparation which contains any quantity of the following
31 substances having a stimulant effect on the central nervous
32 system:
33 (1) Amphetamine, its salts, optical isomers, and
34 salts of its optical isomers;
-25- LRB9003507RCks
1 (2) Methamphetamine, its salts, isomers, and salts
2 of its isomers;
3 (3) Phenmetrazine and its salts;
4 (4) Methylphenidate.
5 (e) Unless specifically excepted or unless listed in
6 another schedule, any material, compound, mixture, or
7 preparation which contains any quantity of the following
8 substances having a depressant effect on the central nervous
9 system, including its salts, isomers, and salts of isomers
10 whenever the existence of such salts, isomers, and salts of
11 isomers is possible within the specific chemical designation:
12 (1) Amobarbital;
13 (2) Secobarbital;
14 (3) Pentobarbital;
15 (4) Pentazocine;
16 (5) Phencyclidine;
17 (6) Gluthethimide;
18 (7) Dronabinol (synthetic) in sesame oil and
19 encapsulated in a soft gelatin capsule in a U.S. Food and
20 Drug Administration-approved drug product. Some other
21 names:
22 (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-
23 pentyl-6H-dibenzo[b,d]pyran-1-ol; (-)-delta-9-(trans)-
24 tetrahydrocannabinol.
25 (f) 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 substances:
29 (1) Immediate precursor to amphetamine and
30 methamphetamine:
31 (i) Phenylacetone
32 Some trade or other names: phenyl-2-propanone;
33 P2P; benzyl methyl ketone; methyl benzyl ketone.
34 (2) Immediate precursors to phencyclidine:
-26- LRB9003507RCks
1 (i) l-phenylcyclohexylamine;
2 (ii) l-piperidinocyclohexanecarbonitrile
3 (PCC).
4 (3) Nabilone.
5 (g) Unless specifically excepted or unless listed in
6 another schedule, any material, compound mixture, or
7 preparation that contains ephedrine.
8 (Source: P.A. 88-168; 89-202, eff. 10-1-95.)
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.