(720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
Sec. 404.
(a) For the purposes of this Section:
(1) "Advertise" means the attempt, by publication, |
| dissemination, solicitation or circulation, to induce directly or indirectly any person to acquire, or enter into an obligation to acquire, any substance within the scope of this Section.
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(2) "Distribute" has the meaning ascribed to it in
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| subsection (s) of Section 102 of this Act but as relates to look-alike substances.
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(3) "Manufacture" means the producing, preparing,
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| compounding, processing, encapsulating, packaging, repackaging, labeling or relabeling of a look-alike substance.
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(b) It is unlawful for any person knowingly to manufacture, distribute,
advertise, or possess with intent to manufacture or distribute a look-alike
substance. Any person who violates this subsection (b) shall be guilty of
a Class 3 felony, the fine for which shall not exceed $150,000.
(c) It is unlawful for any person knowingly to possess a look-alike substance.
Any person who violates this subsection (c) is guilty of a petty offense.
Any person convicted of a subsequent offense under this subsection (c) shall
be guilty of a Class C misdemeanor.
(d) In any prosecution brought under this Section, it is not a defense
to a violation of this Section that the defendant believed the look-alike
substance actually to be a controlled substance.
(e) Nothing in this Section applies to:
(1) The manufacture, processing, packaging,
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| distribution or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.
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(2) Persons acting in the course and legitimate scope
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| of their employment as law enforcement officers.
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(3) The retention of production samples of
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| noncontrolled substances produced prior to the effective date of this amendatory Act of 1982, where such samples are required by federal law.
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(f) Nothing in this Section or in this Act applies to the lawful manufacture,
processing, packaging, advertising or distribution of a drug or drugs by
any person registered pursuant to Section 510 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360).
(Source: P.A. 83-1362 .)
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