Public Act 094-1087
 		





SB2427 Enrolled
LRB094 17702 RLC 53000 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Controlled Substances Act is 
amended  by changing Sections 201, 206, and 218 as follows:
 



    (720 ILCS 570/201)  (from Ch. 56 1/2, par. 1201)



    Sec. 201. (a) The Department shall carry out the provisions 
of
this Article.  The Department or its successor agency
may add 
substances
to or delete or reschedule all controlled substances 
in the Schedules of
Sections 204, 206, 208, 210 and 212 of this 
Act.  In making a determination
regarding the addition,

deletion, or rescheduling of a substance, the Department
shall 
consider
the following:


        (1) the actual or relative potential for abuse;


        (2) the scientific evidence of its pharmacological 
    effect, if known;


        (3) the state of current scientific knowledge 
    regarding the
substance;


        (4) the history and current pattern of abuse;


        (5) the scope, duration, and significance of abuse;


        (6) the risk to the public health;


        (7) the potential of the substance to produce 
    psychological or
physiological dependence;


        (8) whether the substance is an immediate precursor of 
    a substance
already controlled under this Article;


        (9) the immediate harmful effect in terms of 
    potentially fatal
dosage; and


        (10) the long-range effects in terms of permanent 
    health impairment.

    (b) (Blank). 

    (c) (Blank). 

    (d) If any substance is scheduled, rescheduled, or
deleted 
as a
controlled substance under Federal law and notice thereof 
is given to
the Department, the Department shall
similarly 
control the substance
under this Act after the expiration of 30 
days from publication in the
Federal Register of a final order 
scheduling a substance as
a
controlled substance or 
rescheduling or deleting a substance, unless
within that 30 day 
period the Department objects, or
a party adversely
affected 
files with the Department substantial written objections

objecting to inclusion, rescheduling, or deletion.  In that 
case, the
Department shall publish the reasons for objection or 
the substantial
written objections and afford all interested 
parties an opportunity to
be heard.  At the conclusion of the 
hearing, the Department shall
publish its decision, by means of 
a rule, which shall be final unless
altered by statute.  Upon 
publication of objections by the  Department, similar control

under this Act whether by inclusion, rescheduling or deletion 
is stayed
until the Department publishes its ruling.

    (e) The Department shall by rule exclude any non-narcotic

substances
from a schedule if such substance may, under the 
Federal Food, Drug, and
Cosmetic Act, be lawfully sold over the 
counter without a prescription.

    (f) (Blank)
The sale, delivery, distribution, and 
possession of a drug product containing dextromethorphan shall 
be in accordance with Section 218 of this Act..

    (g) Authority to control under this section does not extend 
to
distilled spirits, wine, malt beverages, or tobacco as those 
terms are
defined or used in the Liquor Control Act and the 
Tobacco Products Tax
Act.

    (h) Persons registered with the Drug Enforcement 
Administration to manufacture or distribute controlled 
substances shall maintain adequate security and provide 
effective controls and procedures to guard against theft and 
diversion, but shall not otherwise be required to meet the 
physical security control requirements (such as cage or vault) 
for Schedule V controlled substances containing 
pseudoephedrine or Schedule II controlled substances 
containing dextromethorphan.

(Source: P.A. 94-800, eff. 1-1-07; revised 8-3-06.)

 



    (720 ILCS 570/206)  (from Ch. 56 1/2, par. 1206)



    Sec. 206. (a) The controlled substances listed in this 
Section are
included in Schedule II.

    (b) Unless specifically excepted or unless listed in 
another
schedule, any of the following substances whether 
produced directly or
indirectly by extraction from substances 
of vegetable origin, or
independently by means of chemical 
synthesis, or by combination of
extraction and chemical 
synthesis:


        (1) Opium and opiates, and any salt, compound, 
    derivative or
preparation of opium or opiate, excluding 
    apomorphine, dextrorphan,
levopropoxyphene,
nalbuphine, 
    nalmefene, naloxone, and naltrexone, and their respective

    salts, but including the following:


            (i) Raw Opium;


            (ii) Opium extracts;


            (iii) Opium fluid extracts;


            (iv) Powdered opium;


            (v) Granulated opium;


            (vi) Tincture of opium;


            (vii) Codeine;


            (viii) Ethylmorphine;


            (ix) Etorphine Hydrochloride;


            (x) Hydrocodone;


            (xi) Hydromorphone;


            (xii) Metopon;


            (xiii) Morphine;


            (xiv) Oxycodone;


            (xv) Oxymorphone;


            (xvi) Thebaine;


            (xvii) Thebaine-derived butorphanol.

            (xviii) Dextromethorphan, except drug products 
        that may be dispensed pursuant to a prescription order 
        of a practitioner and are sold in compliance with the 
        safety and labeling standards as set forth  by the 
        United States Food and Drug Administration, or drug 
        products containing dextromethorphan that are sold in 
        solid, tablet, liquid, capsule, powder, thin film, or 
        gel form and which are formulated, packaged, and sold 
        in dosages and concentrations for use as an 
        over-the-counter drug product.  For the purposes of 
        this Section, "over-the-counter drug product" means a 
        drug that is available to consumers without a 
        prescription and sold in compliance with the safety and 
        labeling standards as set forth by the United States 
        Food and Drug Administration
subject to Section 218 of 
        this Act.


        (2) Any salt, compound, isomer, derivative or 
    preparation thereof
which is chemically equivalent or 
    identical with any of the substances
referred to in 
    subparagraph (1), but not including the isoquinoline

    alkaloids of opium;


        (3) Opium poppy and poppy straw;


        (4) Coca leaves and any salt, compound, isomer, salt of 
    an isomer,
derivative, or preparation of coca leaves 
    including cocaine or ecgonine,
and any salt, compound, 
    isomer, derivative, or preparation thereof which is

    chemically equivalent or identical with any of these 
    substances, but not
including decocainized coca leaves or 
    extractions of coca leaves which do
not contain cocaine or 
    ecgonine (for the purpose of this paragraph, the
term 
    "isomer" includes optical, positional and geometric 
    isomers);


        (5) Concentrate of poppy straw (the crude extract of 
    poppy straw in
either liquid, solid or powder form which 
    contains the phenanthrine
alkaloids of the opium poppy).

    (c) Unless specifically excepted or unless listed in 
another
schedule any of the following opiates, including their 
isomers, esters,
ethers, salts, and salts of isomers, whenever 
the existence of these
isomers, esters, ethers and salts is 
possible within the specific
chemical designation, dextrorphan 
excepted:


        (1) Alfentanil;


        (1.1) Carfentanil;


        (2) Alphaprodine;


        (3) Anileridine;


        (4) Bezitramide;


        (5) Bulk Dextropropoxyphene (non-dosage forms);


        (6) Dihydrocodeine;


        (7) Diphenoxylate;


        (8) Fentanyl;


        (9) Sufentanil;


        (9.5) Remifentanil;


        (10) Isomethadone;


        (11) Levomethorphan;


        (12) Levorphanol (Levorphan);


        (13) Metazocine;


        (14) Methadone;

        (15) Methadone-Intermediate,

    4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;

        (16) Moramide-Intermediate,

    2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic

    acid;


        (17) Pethidine (meperidine);

        (18) Pethidine-Intermediate-A,

    4-cyano-1-methyl-4-phenylpiperidine;

        (19) Pethidine-Intermediate-B,

    ethyl-4-phenylpiperidine-4-carboxylate;

        (20) Pethidine-Intermediate-C,

    1-methyl-4-phenylpiperidine-4-carboxylic acid;


        (21) Phenazocine;


        (22) Piminodine;


        (23) Racemethorphan;


        (24) Racemorphan;


        (25) Levo-alphacetylmethadol (some other names:

    levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM).

    (d) 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:


        (1) Amphetamine, its salts, optical isomers, and salts 
    of its
optical isomers;


        (2) Methamphetamine, its salts, isomers, and salts of 
    its isomers;


        (3) Phenmetrazine and its salts;


        (4) Methylphenidate.

    (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 depressant effect on
the central nervous 
system, including its salts, isomers, and salts of
isomers 
whenever the existence of such salts, isomers, and salts of

isomers is possible within the specific chemical designation:


        (1) Amobarbital;


        (2) Secobarbital;


        (3) Pentobarbital;


        (4) Pentazocine;


        (5) Phencyclidine;


        (6) Gluthethimide;


        (7) (Blank). 

    (f) Unless specifically excepted or unless listed in 
another schedule,
any material, compound, mixture, or 
preparation which contains any quantity
of the following 
substances:


        (1) Immediate precursor to amphetamine and 
    methamphetamine:

            (i) Phenylacetone

        Some trade or other names: phenyl-2-propanone;

        P2P; benzyl methyl ketone; methyl benzyl ketone.


        (2) Immediate precursors to phencyclidine:


            (i) 1-phenylcyclohexylamine;


            (ii) 1-piperidinocyclohexanecarbonitrile (PCC).


        (3) Nabilone.

(Source: P.A. 94-800, eff. 1-1-07.)

 
    (720 ILCS 570/218)
    Sec. 218. Dextromethorphan.
    (a) (Blank)
A drug product containing dextromethorphan may 
not be sold, delivered, distributed, or possessed except in 
accordance with the prescription requirements of Sections 309, 
312, and 313 of this Act.
    (b) Possession of a drug product containing 
dextromethorphan in violation of this Act
Section is a Class 4 
felony.  The sale, delivery, distribution, or possession with 
intent to sell, deliver, or distribute a drug product 
containing dextromethorphan in violation of this Act
Section is 
a Class 2 felony.
    (c) (Blank)
This Section does not apply to a drug product 
containing dextromethorphan that is sold in solid, tablet, 
liquid, capsule, powder, thin film, or gel form and which is 
formulated, packaged, and sold in dosages and concentrations 
for use as an over-the-counter drug product.  For the purposes 
of this Section, "over-the-counter drug product" means a drug 
that is available to consumers without a prescription and sold 
in compliance with the safety and labeling standards as set 
forth by the United States Food and Drug Administration.


(Source: P.A. 94-800, eff. 1-1-07.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.