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92_HB3988
LRB9212572RCpk
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 Illinois Controlled Substances Act is
5 amended by changing Section 216 as follows:
6 (720 ILCS 570/216)
7 Sec. 216. Ephedrine.
8 (a) The following drug products containing ephedrine,
9 its salts, optical isomers and salts of optical isomers shall
10 be exempt from the application of Sections 312 and 313 of
11 this Act if they: (i) may lawfully be sold over-the-counter
12 without a prescription under the Federal Food, Drug, and
13 Cosmetic Act; (ii) are labeled and marketed in a manner
14 consistent with Section 341.76 of Title 21 of the Code of
15 Federal Regulations; (iii) are manufactured and distributed
16 for legitimate medicinal use in a manner that reduces or
17 eliminates the likelihood of abuse; and (iv) are not
18 marketed, advertised, or labeled for the indications of
19 stimulation, mental alertness, weight loss, muscle
20 enhancement, appetite control, or energy and; (v) are sold in
21 compliance with subsection (b-5) of this Section:
22 (1) Solid oral dosage forms, including soft gelatin
23 caplets, which are formulated pursuant to 21 CFR 341 or
24 its successor, and packaged in blister packs of not more
25 than 2 tablets per blister.
26 (2) Anorectal preparations containing not more than
27 5% ephedrine.
28 (b) The marketing, advertising, or labeling of any
29 product containing ephedrine, a salt of ephedrine, an optical
30 isomer of ephedrine, or a salt of an optical isomer of
31 ephedrine, for the indications of stimulation, mental
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1 alertness, weight loss, appetite control, or energy, is
2 prohibited. In determining compliance with this requirement
3 the Department may consider the following factors:
4 (1) The packaging of the drug product;
5 (2) The name and labeling of the product;
6 (3) The manner of distribution, advertising, and
7 promotion of the product;
8 (4) Verbal representations made concerning the
9 product;
10 (5) The duration, scope, and significance of abuse
11 or misuse of the particular product.
12 (b-5) Over-the-counter sales.
13 (1) No person shall deliver in any single
14 over-the-counter sale more than 3 packages of any
15 methamphetamine precursor drug or any combination of
16 methamphetamine precursor drugs.
17 (2) Paragraph (1) of this subsection (b-5) does not
18 apply to a product labeled under federal regulation for
19 use only for children under 12 years of age, or to a
20 product that the Department, upon application of a
21 manufacturer, exempts by rule from paragraph (1) of this
22 subsection (b-5) because the product has been formulated
23 in such a way as to effectively prevent the conversion of
24 the active ingredient into methamphetamine, or its salts
25 or precursors.
26 (3) A person who is considered the general owner or
27 operator of the outlet where ephedrine, pseudoephedrine,
28 or phenylpropanolamine products are available for sale
29 who violates paragraph (1) of this subsection (b-5) may
30 not be penalized under this subsection (b-5) if the
31 person documents that an employee training program was in
32 place to provide the employee with information on the
33 State and federal regulations regarding ephedrine,
34 pseudoephedrine, or phenylpropanolamine.
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1 (4) Any person who knowingly or recklessly violates
2 this subsection (b-5) is guilty of a Class A misdemeanor.
3 A second or subsequent violation of this subsection (b-5)
4 is a Class 4 felony.
5 (c) A violation of this Section is a Class A
6 misdemeanor. A second or subsequent violation of this
7 Section is a Class 4 felony.
8 (d) This Section does not apply to dietary supplements,
9 herbs, or other natural products, including concentrates or
10 extracts, which:
11 (1) are not otherwise prohibited by law; and
12 (2) may contain naturally occurring ephedrine,
13 ephedrine alkaloids, or pseudoephedrine, or their salts,
14 isomers, or salts of isomers, or a combination of these
15 substances, that:
16 (i) are contained in a matrix of organic
17 material; and
18 (ii) do not exceed 15% of the total weight of
19 the natural product.
20 (Source: P.A. 90-775, eff. 1-1-99.)