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90_SB1028eng
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
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1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Section 210 and 401.5 and adding Section 216.
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 210 and 401.5 and adding Section
7 216 as follows:
8 (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
9 Sec. 210. (a) The controlled substances listed in this
10 Section are included in Schedule IV.
11 (b) Unless specifically excepted or unless listed in
12 another schedule, any material, compound, mixture, or
13 preparation containing limited quantities of any of the
14 following narcotic drugs, or their salts calculated as the
15 free anhydrous base or alkaloid, as set forth below:
16 (1) Not more than 1 milligram of difenoxin (DEA
17 Drug Code No. 9618) and not less than 25 micrograms of
18 atropine sulfate per dosage unit.
19 (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
20 2-diphenyl-3-methyl-2-propionoxybutane).
21 (c) Unless specifically excepted or unless listed in
22 another schedule, any material, compound, mixture, or
23 preparation which contains any quantity of the following
24 substances having a potential for abuse associated with a
25 depressant effect on the central nervous system:
26 (1) Alprazolam;
27 (2) Barbital;
28 (2.1) Bromazepam;
29 (2.2) Camazepam;
30 (3) Chloral Betaine;
31 (4) Chloral Hydrate;
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1 (5) Chlordiazepoxide;
2 (5.1) Clobazam;
3 (6) Clonazepam;
4 (7) Clorazepate;
5 (7.1) Clotiazepam;
6 (7.2) Cloxazolam;
7 (7.3) Delorazepam;
8 (8) Diazepam;
9 (8.1) Estazolam;
10 (9) Ethchlorvynol;
11 (10) Ethinamate;
12 (10.1) Ethyl loflazepate;
13 (10.2) Fludiazepam;
14 (10.3) Flunitrazepam;
15 (11) Flurazepam;
16 (12) Halazepam;
17 (12.1) Haloxazolam;
18 (12.2) Ketazolam;
19 (12.3) Loprazolam;
20 (13) Lorazepam;
21 (13.1) Lormetazepam;
22 (14) Mebutamate;
23 (14.1) Medazepam;
24 (15) Meprobamate;
25 (16) Methohexital;
26 (17) Methylphenobarbital (Mephobarbital);
27 (17.1) Midazolam;
28 (17.2) Nimetazepam;
29 (17.3) Nitrazepam;
30 (17.4) Nordiazepam;
31 (18) Oxazepam;
32 (18.1) Oxazolam;
33 (19) Paraldehyde;
34 (20) Petrichloral;
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1 (21) Phenobarbital;
2 (21.1) Pinazepam;
3 (22) Prazepam;
4 (22.1) Quazepam;
5 (23) Temazepam;
6 (23.1) Tetrazepam;
7 (24) Triazolam;
8 (25) Zolpidam.
9 (d) Any material, compound, mixture, or preparation
10 which contains any quantity of the following substances,
11 including its salts, isomers (whether optical, position, or
12 geometric), and salts of such isomers, whenever the existence
13 of such salts, isomers and salts of isomers is possible:
14 (1) Fenfluramine.
15 (e) Unless specifically excepted or unless listed in
16 another schedule any material, compound, mixture, or
17 preparation which contains any quantity of the following
18 substances having a stimulant effect on the central nervous
19 system, including its salts, isomers (whether optical,
20 position or geometric), and salts of such isomers whenever
21 the existence of such salts, isomers, and salts of isomers is
22 possible within the specific chemical designation:
23 (1) Cathine ((+)-norpseudoephedrine);
24 (1.1) Diethylpropion;
25 (1.2) Fencamfamin;
26 (1.3) Fenproporex;
27 (2) Mazindol;
28 (2.1) Mefenorex;
29 (3) Phentermine;
30 (4) Pemoline (including organometallic complexes
31 and chelates thereof);
32 (5) Pipradrol;
33 (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane).
34 (f) The Department may except by rule any compound,
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1 mixture, or preparation containing any depressant substance
2 listed in subsection (b) from the application of all or any
3 part of this Act if the compound, mixture, or preparation
4 contains one or more active medicinal ingredients not having
5 a depressant effect on the central nervous system, and if the
6 admixtures are included therein in combinations, quantity,
7 proportion, or concentration that vitiate the potential for
8 abuse of the substances which have a depressant effect on the
9 central nervous system.
10 (g) Except as otherwise provided in Section 216, any
11 material, compound, mixture, or preparation that contains any
12 quantity of the following substance having a stimulant effect
13 on the central nervous system, including its salts,
14 enantiomers (optical isomers) and salts of enantiomers
15 (optical isomers):
16 (1) Ephedrine, its salts, optical isomers and salts
17 of optical isomers as the only active medicinal
18 ingredient or in combination with therapeutically
19 insignificant quantities of another active medicinal
20 ingredient.
21 (Source: P.A. 89-202, eff. 10-1-95.)
22 (720 ILCS 570/216 new)
23 Sec. 216. Ephedrine.
24 (a) The following drug products containing ephedrine,
25 its salts, optical isomers and salts of optical isomers shall
26 be exempt from the application of Sections 312 and 313 of
27 this Act if they: (i) may lawfully be sold over-the-counter
28 without a prescription under the Federal Food, Drug, and
29 Cosmetic Act; (ii) are labeled and marketed in a manner
30 consistent with Section 341.76 of Title 21 of the Code of
31 Federal Regulations; (iii) are manufactured and distributed
32 for legitimate medicinal use in a manner that reduces or
33 eliminates the likelihood of abuse; and (iv) are not
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1 marketed, advertised, or labeled for the indications of
2 stimulation, mental alertness, weight loss, muscle
3 enhancement, appetite control, or energy:
4 (1) Solid oral dosage forms, including soft gelatin
5 caplets, which are formulated pursuant to 21 CFR 341 or
6 its successor, and packaged in blister packs of not more
7 than 2 tablets per blister.
8 (2) Anorectal preparations containing not more than
9 5% ephedrine.
10 (b) The marketing, advertising, or labeling of any
11 product containing ephedrine, a salt of ephedrine, an optical
12 isomer of ephedrine, or a salt of an optical isomer of
13 ephedrine, for the indications of stimulation, mental
14 alertness, weight loss, appetite control, or energy, is
15 prohibited. In determining compliance with this requirement
16 the Department may consider the following factors:
17 (1) The packaging of the drug product;
18 (2) The name and labeling of the product;
19 (3) The manner of distribution, advertising, and
20 promotion of the product;
21 (4) Verbal representations made concerning the
22 product;
23 (5) The duration, scope, and significance of abuse
24 or misuse of the particular product.
25 (c) A violation of this Section is a Class A
26 misdemeanor. A second or subsequent violation of this
27 Section is a Class 4 felony.
28 (d) This Section does not apply to dietary supplements,
29 herbs, or other natural products, including concentrates or
30 extracts, which:
31 (1) are not otherwise prohibited by law; and
32 (2) may contain naturally occurring ephedrine,
33 ephedrine alkaloids, or pseudoephedrine, or their salts,
34 isomers, or salts of isomers, or a combination of these
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1 substances, that:
2 (i) are contained in a matrix of organic
3 material; and
4 (ii) do not exceed 15% of the total weight of
5 the natural product.
6 (720 ILCS 570/401.5)
7 Sec. 401.5. Chemical breakdown of illicit controlled
8 substance.
9 (a) It is unlawful for any person to manufacture a
10 controlled substance prohibited by this Act by chemically
11 deriving the controlled substance from one or more other
12 controlled substances prohibited by this Act.
13 (a-5) It is unlawful for any person to possess any
14 substance, or its salts, optical isomers, or salts of optical
15 isomers with the intent to use the substance as a precursor
16 to any controlled substance, other than as authorized by this
17 Act.
18 (b) A violation of this Section is a Class 3 4 felony.
19 (Source: P.A. 88-283.)