Public Act 90-0775 of the 90th General Assembly
Public Act 90-0775
SB1028 Enrolled LRB9003507RCks
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Anti-Crime Advisory Council Act is
amended by changing Sections 5 and 7 as follows:
(20 ILCS 3910/5) (from Ch. 38, par. 1305)
Sec. 5. Duties. The Council shall have the following
powers and duties:
(a) to advise and assist in the creation of local
anti-crime programs, such as Crime Stoppers, We-Tip and
similar programs designed to solve crimes;
(b) to foster the detection of crime and encourage
persons through the program and otherwise to come forward
with information about criminal activity;
(c) to encourage the news media to promote local
anti-crime programs and to inform the public of the functions
of the Council;
(d) to assist local anti-crime programs in channeling
information reported to those programs concerning criminal
activity to the appropriate law enforcement agencies; and
(e) to assist local anti-crime programs in promoting the
private funding of local anti-crime programs; and .
(f) to assist drug alert programs such as D.A.R.E. and
other drug alert programs or drug task forces composed of or
created by State or local law enforcement agencies.
(Source: P.A. 83-829.)
(20 ILCS 3910/7) (from Ch. 38, par. 1307)
Sec. 7. Definition. For the purposes of this Act,
"local anti-crime program" means a plan established in
various regions of this State which is designed to encourage
the public to report incidences of crime to law enforcement
agencies and to assist such agencies in the apprehension of
criminal offenders. "Local anti-crime program" also means a
drug alert program or drug task force composed of or created
by local law enforcement agencies.
(Source: P.A. 83-829.)
Section 10. The Illinois Controlled Substances Act is
amended by changing Sections 210 and 401.5 and adding Section
216 as follows:
(720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
Sec. 210. (a) The controlled substances listed in this
Section are included in Schedule IV.
(b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the
free anhydrous base or alkaloid, as set forth below:
(1) Not more than 1 milligram of difenoxin (DEA
Drug Code No. 9618) and not less than 25 micrograms of
atropine sulfate per dosage unit.
(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane).
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
(1) Alprazolam;
(2) Barbital;
(2.1) Bromazepam;
(2.2) Camazepam;
(3) Chloral Betaine;
(4) Chloral Hydrate;
(5) Chlordiazepoxide;
(5.1) Clobazam;
(6) Clonazepam;
(7) Clorazepate;
(7.1) Clotiazepam;
(7.2) Cloxazolam;
(7.3) Delorazepam;
(8) Diazepam;
(8.1) Estazolam;
(9) Ethchlorvynol;
(10) Ethinamate;
(10.1) Ethyl loflazepate;
(10.2) Fludiazepam;
(10.3) Flunitrazepam;
(11) Flurazepam;
(12) Halazepam;
(12.1) Haloxazolam;
(12.2) Ketazolam;
(12.3) Loprazolam;
(13) Lorazepam;
(13.1) Lormetazepam;
(14) Mebutamate;
(14.1) Medazepam;
(15) Meprobamate;
(16) Methohexital;
(17) Methylphenobarbital (Mephobarbital);
(17.1) Midazolam;
(17.2) Nimetazepam;
(17.3) Nitrazepam;
(17.4) Nordiazepam;
(18) Oxazepam;
(18.1) Oxazolam;
(19) Paraldehyde;
(20) Petrichloral;
(21) Phenobarbital;
(21.1) Pinazepam;
(22) Prazepam;
(22.1) Quazepam;
(23) Temazepam;
(23.1) Tetrazepam;
(24) Triazolam;
(25) Zolpidam.
(d) Any material, compound, mixture, or preparation
which contains any quantity of the following substances,
including its salts, isomers (whether optical, position, or
geometric), and salts of such isomers, whenever the existence
of such salts, isomers and salts of isomers is possible:
(1) Fenfluramine.
(e) Unless specifically excepted or unless listed in
another schedule any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical,
position or geometric), and salts of such isomers whenever
the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(1.1) Diethylpropion;
(1.2) Fencamfamin;
(1.3) Fenproporex;
(2) Mazindol;
(2.1) Mefenorex;
(3) Phentermine;
(4) Pemoline (including organometallic complexes
and chelates thereof);
(5) Pipradrol;
(6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane).
(f) The Department may except by rule any compound,
mixture, or preparation containing any depressant substance
listed in subsection (b) from the application of all or any
part of this Act if the compound, mixture, or preparation
contains one or more active medicinal ingredients not having
a depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity,
proportion, or concentration that vitiate the potential for
abuse of the substances which have a depressant effect on the
central nervous system.
(g) Except as otherwise provided in Section 216, any
material, compound, mixture, or preparation that contains any
quantity of the following substance having a stimulant effect
on the central nervous system, including its salts,
enantiomers (optical isomers) and salts of enantiomers
(optical isomers):
(1) Ephedrine, its salts, optical isomers and salts
of optical isomers as the only active medicinal
ingredient or in combination with therapeutically
insignificant quantities of another active medicinal
ingredient.
(Source: P.A. 89-202, eff. 10-1-95.)
(720 ILCS 570/216 new)
Sec. 216. Ephedrine.
(a) The following drug products containing ephedrine,
its salts, optical isomers and salts of optical isomers shall
be exempt from the application of Sections 312 and 313 of
this Act if they: (i) may lawfully be sold over-the-counter
without a prescription under the Federal Food, Drug, and
Cosmetic Act; (ii) are labeled and marketed in a manner
consistent with Section 341.76 of Title 21 of the Code of
Federal Regulations; (iii) are manufactured and distributed
for legitimate medicinal use in a manner that reduces or
eliminates the likelihood of abuse; and (iv) are not
marketed, advertised, or labeled for the indications of
stimulation, mental alertness, weight loss, muscle
enhancement, appetite control, or energy:
(1) Solid oral dosage forms, including soft gelatin
caplets, which are formulated pursuant to 21 CFR 341 or
its successor, and packaged in blister packs of not more
than 2 tablets per blister.
(2) Anorectal preparations containing not more than
5% ephedrine.
(b) The marketing, advertising, or labeling of any
product containing ephedrine, a salt of ephedrine, an optical
isomer of ephedrine, or a salt of an optical isomer of
ephedrine, for the indications of stimulation, mental
alertness, weight loss, appetite control, or energy, is
prohibited. In determining compliance with this requirement
the Department may consider the following factors:
(1) The packaging of the drug product;
(2) The name and labeling of the product;
(3) The manner of distribution, advertising, and
promotion of the product;
(4) Verbal representations made concerning the
product;
(5) The duration, scope, and significance of abuse
or misuse of the particular product.
(c) A violation of this Section is a Class A
misdemeanor. A second or subsequent violation of this
Section is a Class 4 felony.
(d) This Section does not apply to dietary supplements,
herbs, or other natural products, including concentrates or
extracts, which:
(1) are not otherwise prohibited by law; and
(2) may contain naturally occurring ephedrine,
ephedrine alkaloids, or pseudoephedrine, or their salts,
isomers, or salts of isomers, or a combination of these
substances, that:
(i) are contained in a matrix of organic
material; and
(ii) do not exceed 15% of the total weight of
the natural product.
(720 ILCS 570/401.5)
Sec. 401.5. Chemical breakdown of illicit controlled
substance.
(a) It is unlawful for any person to manufacture a
controlled substance prohibited by this Act by chemically
deriving the controlled substance from one or more other
controlled substances prohibited by this Act.
(a-5) It is unlawful for any person to possess any
substance with the intent to use the substance to facilitate
the manufacture of any controlled or counterfeit substance or
controlled substance analog other than as authorized by this
Act.
(b) A violation of this Section is a Class 4 felony.
(Source: P.A. 88-283.)