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Public Act 103-0336
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| HB3203 Enrolled | LRB103 29413 CPF 55804 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Overdose Prevention and Harm Reduction Act |
is amended by adding Section 15 as follows:
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(410 ILCS 710/15 new) |
Sec. 15. Fentanyl test strips. To further promote harm |
reduction efforts, a pharmacist or retailer may sell fentanyl |
test strips over-the-counter to the public to test for the |
presence of fentanyl, a fentanyl analog, or a drug adulterant |
within a controlled substance. A county health department may |
distribute fentanyl test strips at the county health |
department facility for no fee.
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Section 10. The Drug Paraphernalia Control Act is amended |
by changing Section 2 as follows:
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(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
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Sec. 2. As used in this Act, unless the context otherwise |
requires:
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(a) The term "cannabis" shall have the meaning ascribed to |
it in Section
3 of the Cannabis Control Act, as if that |
definition were incorporated
herein.
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(b) The term "controlled substance" shall have the meaning |
ascribed to
it in Section 102 of the Illinois Controlled |
Substances Act, as if that
definition were incorporated |
herein.
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(c) "Deliver" or "delivery" means the actual, constructive |
or attempted
transfer of possession, with or without |
consideration, whether or not there
is an agency relationship.
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(d) "Drug paraphernalia" means all equipment, products and |
materials of
any kind, other than methamphetamine |
manufacturing materials as defined in Section 10 of the |
Methamphetamine Control and Community Protection Act and |
cannabis paraphernalia as defined in Section 1-10 of the |
Cannabis Regulation and Tax Act, which are intended to be used |
unlawfully in planting, propagating,
cultivating, growing, |
harvesting, manufacturing, compounding,
converting, |
producing, processing, preparing, testing, analyzing, |
packaging,
repackaging, storing, containing, concealing, |
injecting, ingesting, inhaling
or otherwise introducing into |
the human body a controlled substance
in violation of the |
Illinois Controlled
Substances
Act or the Methamphetamine |
Control and Community Protection Act or a synthetic drug |
product or misbranded drug in violation of the Illinois Food, |
Drug and Cosmetic Act. It
includes, but is not limited to:
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(1) kits intended to be used unlawfully in |
manufacturing, compounding,
converting,
producing, |
processing or preparing a controlled substance;
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(2) isomerization devices intended to be used |
unlawfully in increasing
the potency of any species of |
plant which is a controlled
substance;
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(3) testing equipment intended to be used unlawfully |
in a private home for
identifying
or in analyzing the |
strength, effectiveness or purity of controlled
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substances;
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(4) diluents and adulterants intended to be used |
unlawfully for cutting
a controlled substance by private |
persons;
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(5) objects intended to be used unlawfully in |
ingesting, inhaling,
or otherwise introducing cocaine or a |
synthetic drug product or misbranded drug in violation of |
the Illinois Food, Drug and Cosmetic Act into
the human |
body including, where applicable, the following items:
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(A) water pipes;
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(B) carburetion tubes and devices;
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(C) smoking and carburetion masks;
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(D) miniature cocaine spoons and cocaine vials;
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(E) carburetor pipes;
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(F) electric pipes;
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(G) air-driven pipes;
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(H) chillums;
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(I) bongs;
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(J) ice pipes or chillers;
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(6) any item whose purpose, as announced or described |