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| Public Act 103-0336 | ||||
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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: | ||||
(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. | ||||
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 | ||
by the seller, is
for use in violation of this Act.
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"Drug paraphernalia" does not include equipment, products, | ||
or materials to analyze or test for the presence of fentanyl, a | ||
fentanyl analogue, or a drug adulterant within a controlled | ||
substance. | ||
(Source: P.A. 101-593, eff. 12-4-19.)
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