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90_SB1028enr
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.
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1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Anti-Crime Advisory Council Act is
5 amended by changing Sections 5 and 7 as follows:
6 (20 ILCS 3910/5) (from Ch. 38, par. 1305)
7 Sec. 5. Duties. The Council shall have the following
8 powers and duties:
9 (a) to advise and assist in the creation of local
10 anti-crime programs, such as Crime Stoppers, We-Tip and
11 similar programs designed to solve crimes;
12 (b) to foster the detection of crime and encourage
13 persons through the program and otherwise to come forward
14 with information about criminal activity;
15 (c) to encourage the news media to promote local
16 anti-crime programs and to inform the public of the functions
17 of the Council;
18 (d) to assist local anti-crime programs in channeling
19 information reported to those programs concerning criminal
20 activity to the appropriate law enforcement agencies; and
21 (e) to assist local anti-crime programs in promoting the
22 private funding of local anti-crime programs; and .
23 (f) to assist drug alert programs such as D.A.R.E. and
24 other drug alert programs or drug task forces composed of or
25 created by State or local law enforcement agencies.
26 (Source: P.A. 83-829.)
27 (20 ILCS 3910/7) (from Ch. 38, par. 1307)
28 Sec. 7. Definition. For the purposes of this Act,
29 "local anti-crime program" means a plan established in
30 various regions of this State which is designed to encourage
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1 the public to report incidences of crime to law enforcement
2 agencies and to assist such agencies in the apprehension of
3 criminal offenders. "Local anti-crime program" also means a
4 drug alert program or drug task force composed of or created
5 by local law enforcement agencies.
6 (Source: P.A. 83-829.)
7 Section 10. The Illinois Controlled Substances Act is
8 amended by changing Sections 210 and 401.5 and adding Section
9 216 as follows:
10 (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
11 Sec. 210. (a) The controlled substances listed in this
12 Section are included in Schedule IV.
13 (b) Unless specifically excepted or unless listed in
14 another schedule, any material, compound, mixture, or
15 preparation containing limited quantities of any of the
16 following narcotic drugs, or their salts calculated as the
17 free anhydrous base or alkaloid, as set forth below:
18 (1) Not more than 1 milligram of difenoxin (DEA
19 Drug Code No. 9618) and not less than 25 micrograms of
20 atropine sulfate per dosage unit.
21 (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
22 2-diphenyl-3-methyl-2-propionoxybutane).
23 (c) Unless specifically excepted or unless listed in
24 another schedule, any material, compound, mixture, or
25 preparation which contains any quantity of the following
26 substances having a potential for abuse associated with a
27 depressant effect on the central nervous system:
28 (1) Alprazolam;
29 (2) Barbital;
30 (2.1) Bromazepam;
31 (2.2) Camazepam;
32 (3) Chloral Betaine;
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1 (4) Chloral Hydrate;
2 (5) Chlordiazepoxide;
3 (5.1) Clobazam;
4 (6) Clonazepam;
5 (7) Clorazepate;
6 (7.1) Clotiazepam;
7 (7.2) Cloxazolam;
8 (7.3) Delorazepam;
9 (8) Diazepam;
10 (8.1) Estazolam;
11 (9) Ethchlorvynol;
12 (10) Ethinamate;
13 (10.1) Ethyl loflazepate;
14 (10.2) Fludiazepam;
15 (10.3) Flunitrazepam;
16 (11) Flurazepam;
17 (12) Halazepam;
18 (12.1) Haloxazolam;
19 (12.2) Ketazolam;
20 (12.3) Loprazolam;
21 (13) Lorazepam;
22 (13.1) Lormetazepam;
23 (14) Mebutamate;
24 (14.1) Medazepam;
25 (15) Meprobamate;
26 (16) Methohexital;
27 (17) Methylphenobarbital (Mephobarbital);
28 (17.1) Midazolam;
29 (17.2) Nimetazepam;
30 (17.3) Nitrazepam;
31 (17.4) Nordiazepam;
32 (18) Oxazepam;
33 (18.1) Oxazolam;
34 (19) Paraldehyde;
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1 (20) Petrichloral;
2 (21) Phenobarbital;
3 (21.1) Pinazepam;
4 (22) Prazepam;
5 (22.1) Quazepam;
6 (23) Temazepam;
7 (23.1) Tetrazepam;
8 (24) Triazolam;
9 (25) Zolpidam.
10 (d) Any material, compound, mixture, or preparation
11 which contains any quantity of the following substances,
12 including its salts, isomers (whether optical, position, or
13 geometric), and salts of such isomers, whenever the existence
14 of such salts, isomers and salts of isomers is possible:
15 (1) Fenfluramine.
16 (e) Unless specifically excepted or unless listed in
17 another schedule any material, compound, mixture, or
18 preparation which contains any quantity of the following
19 substances having a stimulant effect on the central nervous
20 system, including its salts, isomers (whether optical,
21 position or geometric), and salts of such isomers whenever
22 the existence of such salts, isomers, and salts of isomers is
23 possible within the specific chemical designation:
24 (1) Cathine ((+)-norpseudoephedrine);
25 (1.1) Diethylpropion;
26 (1.2) Fencamfamin;
27 (1.3) Fenproporex;
28 (2) Mazindol;
29 (2.1) Mefenorex;
30 (3) Phentermine;
31 (4) Pemoline (including organometallic complexes
32 and chelates thereof);
33 (5) Pipradrol;
34 (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane).
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1 (f) The Department may except by rule any compound,
2 mixture, or preparation containing any depressant substance
3 listed in subsection (b) from the application of all or any
4 part of this Act if the compound, mixture, or preparation
5 contains one or more active medicinal ingredients not having
6 a depressant effect on the central nervous system, and if the
7 admixtures are included therein in combinations, quantity,
8 proportion, or concentration that vitiate the potential for
9 abuse of the substances which have a depressant effect on the
10 central nervous system.
11 (g) Except as otherwise provided in Section 216, any
12 material, compound, mixture, or preparation that contains any
13 quantity of the following substance having a stimulant effect
14 on the central nervous system, including its salts,
15 enantiomers (optical isomers) and salts of enantiomers
16 (optical isomers):
17 (1) Ephedrine, its salts, optical isomers and salts
18 of optical isomers as the only active medicinal
19 ingredient or in combination with therapeutically
20 insignificant quantities of another active medicinal
21 ingredient.
22 (Source: P.A. 89-202, eff. 10-1-95.)
23 (720 ILCS 570/216 new)
24 Sec. 216. Ephedrine.
25 (a) The following drug products containing ephedrine,
26 its salts, optical isomers and salts of optical isomers shall
27 be exempt from the application of Sections 312 and 313 of
28 this Act if they: (i) may lawfully be sold over-the-counter
29 without a prescription under the Federal Food, Drug, and
30 Cosmetic Act; (ii) are labeled and marketed in a manner
31 consistent with Section 341.76 of Title 21 of the Code of
32 Federal Regulations; (iii) are manufactured and distributed
33 for legitimate medicinal use in a manner that reduces or
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1 eliminates the likelihood of abuse; and (iv) are not
2 marketed, advertised, or labeled for the indications of
3 stimulation, mental alertness, weight loss, muscle
4 enhancement, appetite control, or energy:
5 (1) Solid oral dosage forms, including soft gelatin
6 caplets, which are formulated pursuant to 21 CFR 341 or
7 its successor, and packaged in blister packs of not more
8 than 2 tablets per blister.
9 (2) Anorectal preparations containing not more than
10 5% ephedrine.
11 (b) The marketing, advertising, or labeling of any
12 product containing ephedrine, a salt of ephedrine, an optical
13 isomer of ephedrine, or a salt of an optical isomer of
14 ephedrine, for the indications of stimulation, mental
15 alertness, weight loss, appetite control, or energy, is
16 prohibited. In determining compliance with this requirement
17 the Department may consider the following factors:
18 (1) The packaging of the drug product;
19 (2) The name and labeling of the product;
20 (3) The manner of distribution, advertising, and
21 promotion of the product;
22 (4) Verbal representations made concerning the
23 product;
24 (5) The duration, scope, and significance of abuse
25 or misuse of the particular product.
26 (c) A violation of this Section is a Class A
27 misdemeanor. A second or subsequent violation of this
28 Section is a Class 4 felony.
29 (d) This Section does not apply to dietary supplements,
30 herbs, or other natural products, including concentrates or
31 extracts, which:
32 (1) are not otherwise prohibited by law; and
33 (2) may contain naturally occurring ephedrine,
34 ephedrine alkaloids, or pseudoephedrine, or their salts,
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1 isomers, or salts of isomers, or a combination of these
2 substances, that:
3 (i) are contained in a matrix of organic
4 material; and
5 (ii) do not exceed 15% of the total weight of
6 the natural product.
7 (720 ILCS 570/401.5)
8 Sec. 401.5. Chemical breakdown of illicit controlled
9 substance.
10 (a) It is unlawful for any person to manufacture a
11 controlled substance prohibited by this Act by chemically
12 deriving the controlled substance from one or more other
13 controlled substances prohibited by this Act.
14 (a-5) It is unlawful for any person to possess any
15 substance with the intent to use the substance to facilitate
16 the manufacture of any controlled or counterfeit substance or
17 controlled substance analog other than as authorized by this
18 Act.
19 (b) A violation of this Section is a Class 4 felony.
20 (Source: P.A. 88-283.)