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91_HB1278
LRB9101304RCksB
1 AN ACT in relation to cannabis and controlled substances.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Cannabis Control Act is amended by adding
5 Section 9.1 as follows:
6 (720 ILCS 550/9.1 new)
7 Sec. 9.1. Use of a dangerous place for the commission of
8 a cannabis offense.
9 (a) A person commits the offense of use of a dangerous
10 place for the commission of a cannabis offense, when that
11 person exercises control over any place with the intent to
12 use that place to manufacture, produce, deliver, or possess
13 with intent to deliver cannabis in violation of Section 5,
14 5.1, 5.2, 7, or 8 of this Act and the place used or intended
15 to be used to manufacture, produce, deliver, or possess with
16 intent to deliver cannabis has located within it or
17 surrounding it devices, chemicals, or explosives designed,
18 hidden, or arranged in a manner that would cause any person
19 to be exposed to a substantial risk of great bodily harm.
20 (b) As used in this Section, "place" means a premise,
21 conveyance, or location that offers seclusion, shelter,
22 means, or facilitation for manufacturing, producing,
23 possessing, or delivering cannabis.
24 (c) Use of a dangerous place for the commission of a
25 cannabis offense is a Class X felony.
26 Section 10. The Illinois Controlled Substances Act is
27 amended by changing Sections 102, 401 and 401.5 and adding
28 Section 406.2 as follows:
29 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
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1 Sec. 102. Definitions. As used in this Act, unless the
2 context otherwise requires:
3 (a) "Addict" means any person who habitually uses any
4 drug, chemical, substance or dangerous drug other than
5 alcohol so as to endanger the public morals, health, safety
6 or welfare or who is so far addicted to the use of a
7 dangerous drug or controlled substance other than alcohol as
8 to have lost the power of self control with reference to his
9 addiction.
10 (b) "Administer" means the direct application of a
11 controlled substance, whether by injection, inhalation,
12 ingestion, or any other means, to the body of a patient or
13 research subject by:
14 (1) a practitioner (or, in his presence, by his
15 authorized agent), or
16 (2) the patient or research subject at the lawful
17 direction of the practitioner.
18 (c) "Agent" means an authorized person who acts on
19 behalf of or at the direction of a manufacturer, distributor,
20 or dispenser. It does not include a common or contract
21 carrier, public warehouseman or employee of the carrier or
22 warehouseman.
23 (c-1) "Anabolic Steroids" means any drug or hormonal
24 substance, chemically and pharmacologically related to
25 testosterone (other than estrogens, progestins, and
26 corticosteroids) that promotes muscle growth, and includes:
27 (i) boldenone,
28 (ii) chlorotestosterone,
29 (iii) chostebol,
30 (iv) dehydrochlormethyltestosterone,
31 (v) dihydrotestosterone,
32 (vi) drostanolone,
33 (vii) ethylestrenol,
34 (viii) fluoxymesterone,
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1 (ix) formebulone,
2 (x) mesterolone,
3 (xi) methandienone,
4 (xii) methandranone,
5 (xiii) methandriol,
6 (xiv) methandrostenolone,
7 (xv) methenolone,
8 (xvi) methyltestosterone,
9 (xvii) mibolerone,
10 (xviii) nandrolone,
11 (xix) norethandrolone,
12 (xx) oxandrolone,
13 (xxi) oxymesterone,
14 (xxii) oxymetholone,
15 (xxiii) stanolone,
16 (xxiv) stanozolol,
17 (xxv) testolactone,
18 (xxvi) testosterone,
19 (xxvii) trenbolone, and
20 (xxviii) any salt, ester, or isomer of a drug
21 or substance described or listed in this paragraph,
22 if that salt, ester, or isomer promotes muscle
23 growth.
24 Any person who is otherwise lawfully in possession of an
25 anabolic steroid, or who otherwise lawfully manufactures,
26 distributes, dispenses, delivers, or possesses with intent to
27 deliver an anabolic steroid, which anabolic steroid is
28 expressly intended for and lawfully allowed to be
29 administered through implants to livestock or other nonhuman
30 species, and which is approved by the Secretary of Health and
31 Human Services for such administration, and which the person
32 intends to administer or have administered through such
33 implants, shall not be considered to be in unauthorized
34 possession or to unlawfully manufacture, distribute,
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1 dispense, deliver, or possess with intent to deliver such
2 anabolic steroid for purposes of this Act.
3 (d) "Administration" means the Drug Enforcement
4 Administration, United States Department of Justice, or its
5 successor agency.
6 (d-1) "Chemical important to the manufacture of a
7 controlled or counterfeit substance or controlled
8 substance analog" means any of the following:
9 (1) Anthranilic acid, its esters, and its salts.
10 (2) Benzl cyanide.
11 (3) Ephedrine, its salts, optical isomers, and
12 salts of optical isomers.
13 (4) Ergonovine and its salts.
14 (5) Erogotamine and its salts.
15 (6) N-Acetylanthranilic acid, its esters, and its
16 salts.
17 (7) Norpseudoephedrine, its salts, optical isomers,
18 and salts of optical isomers.
19 (8) Phenylacetic acid, its esters, and its salts.
20 (9) Phenylpropanolamine, its salts, optical
21 isomers, and salts of optical isomers.
22 (10) Piperidine and its salts.
23 (11) Pseudoephedrine, its salts, optical isomers,
24 and salts of optical isomers.
25 (12) 3,4-Methylenedioxypheny1-2-propanone.
26 (13) Methylamine.
27 (14) Ethylamine.
28 (15) Propionic anhydride.
29 (16) Isosafrole.
30 (17) Safrole.
31 (18) Piperonal.
32 (19) N-Ethylephedrine.
33 (20) N-Ethylpseudoephedrine.
34 (21) N-Methylephedrine.
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1 (22) N-methylpseudoephedrine.
2 (23) Hydriodic acid.
3 (24) Benzaldehyde.
4 (25) Nitroethane.
5 (26) Diethylamine
6 (27) Any salt, optical isomer, or salt of an
7 optical isomer of the chemicals listed in subparagraphs
8 (13) through (23) of this paragraph.
9 (d-2) "Chemical used for facilitating the manufacture of
10 a controlled or counterfeit substance or controlled substance
11 analog" means any of the following:
12 (1) Acetic acid.
13 (2) Acetic anhydride.
14 (3) Acetone.
15 (4) Acetyl chloride.
16 (5) Ammonium chloride.
17 (6) Ammonium formate.
18 (7) Ammonium hydroxide.
19 (8) Anhydrous ammonia.
20 (9) Benzene.
21 (10) Benzyl chloride.
22 (11) n-Butyl acetate.
23 (12) n-Butyl alcohol.
24 (13) sec-Butyl alcohol.
25 (14) Calcium carbonate.
26 (15) Calcium hydroxide.
27 (16) Calcium oxide.
28 (17) Carbon disulfide.
29 (18) Chloroform.
30 (19) Cyclohexane.
31 (20) Diacetone alcohol.
32 (21) Ethyl acetate.
33 (22) Ethyl alcohol (or denatured alcohol).
34 (23) Ethyl ether.
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1 (24) Ethylidene diacetate.
2 (25) Formamide.
3 (26) Formic acid.
4 (27) Hexane.
5 (28) Hydrochloric acid.
6 (29) Hydrochloric gas.
7 (30) Hydrogen peroxide.
8 (31) Iodine.
9 (32) Isobutyl alcohol.
10 (33) Isopropyl alcohol.
11 (34) Kerosene.
12 (35) Lithium metal.
13 (36) Methyl alcohol.
14 (37) Methylene chloride.
15 (38) Methyl ethyl ketone (or 2-Butanone).
16 (39) Methyl isobutyl alcohol.
17 (40) Petroleum ether.
18 (41) Potassium carbonate.
19 (42) Potassium cyanide.
20 (43) Potassium hydroxide.
21 (44) Potassium permanganate.
22 (45) Red phosphorus.
23 (46) Sodium bicarbonate.
24 (47) Sodium carbonate.
25 (48) Sodium cyanide.
26 (49) Sodium hydroxide.
27 (50) Sodium sulfate.
28 (51) Sulfuric acid.
29 (52) Tartaric acid.
30 (53) Toluene.
31 (54) Trichloroethylene.
32 (55) Urea.
33 (56) Xylenes.
34 (e) "Control" means to add a drug or other substance, or
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1 immediate precursor, to a Schedule under Article II of this
2 Act whether by transfer from another Schedule or otherwise.
3 (f) "Controlled Substance" means a drug, substance, or
4 immediate precursor in the Schedules of Article II of this
5 Act.
6 (g) "Counterfeit substance" means a controlled
7 substance, which, or the container or labeling of which,
8 without authorization bears the trademark, trade name, or
9 other identifying mark, imprint, number or device, or any
10 likeness thereof, of a manufacturer, distributor, or
11 dispenser other than the person who in fact manufactured,
12 distributed, or dispensed the substance.
13 (h) "Deliver" or "delivery" means the actual,
14 constructive or attempted transfer of possession of a
15 controlled substance, with or without consideration, whether
16 or not there is an agency relationship.
17 (i) "Department" means the Illinois Department of Human
18 Services (as successor to the Department of Alcoholism and
19 Substance Abuse) or its successor agency.
20 (j) "Department of State Police" means the Department of
21 State Police of the State of Illinois or its successor
22 agency.
23 (k) "Department of Corrections" means the Department of
24 Corrections of the State of Illinois or its successor agency.
25 (l) "Department of Professional Regulation" means the
26 Department of Professional Regulation of the State of
27 Illinois or its successor agency.
28 (m) "Depressant" or "stimulant substance" means:
29 (1) a drug which contains any quantity of (i)
30 barbituric acid or any of the salts of barbituric acid
31 which has been designated as habit forming under section
32 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
33 U.S.C. 352 (d)); or
34 (2) a drug which contains any quantity of (i)
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1 amphetamine or methamphetamine and any of their optical
2 isomers; (ii) any salt of amphetamine or methamphetamine
3 or any salt of an optical isomer of amphetamine; or (iii)
4 any substance which the Department, after investigation,
5 has found to be, and by rule designated as, habit forming
6 because of its depressant or stimulant effect on the
7 central nervous system; or
8 (3) lysergic acid diethylamide; or
9 (4) any drug which contains any quantity of a
10 substance which the Department, after investigation, has
11 found to have, and by rule designated as having, a
12 potential for abuse because of its depressant or
13 stimulant effect on the central nervous system or its
14 hallucinogenic effect.
15 (n) "Designated product" means any narcotic drug,
16 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
17 pentazocine or cannabis product listed in Schedule II and
18 also means a controlled substance listed in Schedule II which
19 is determined and designated by the Department or its
20 successor agency to be such a product. A designated product
21 shall only be dispensed upon an official prescription blank.
22 (o) "Director" means the Director of the Department of
23 State Police or the Department of Professional Regulation or
24 his designated agents.
25 (p) "Dispense" means to deliver a controlled substance
26 to an ultimate user or research subject by or pursuant to the
27 lawful order of a prescriber, including the prescribing,
28 administering, packaging, labeling, or compounding necessary
29 to prepare the substance for that delivery.
30 (q) "Dispenser" means a practitioner who dispenses.
31 (r) "Distribute" means to deliver, other than by
32 administering or dispensing, a controlled substance.
33 (s) "Distributor" means a person who distributes.
34 (t) "Drug" means (1) substances recognized as drugs in
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1 the official United States Pharmacopoeia, Official
2 Homeopathic Pharmacopoeia of the United States, or official
3 National Formulary, or any supplement to any of them; (2)
4 substances intended for use in diagnosis, cure, mitigation,
5 treatment, or prevention of disease in man or animals; (3)
6 substances (other than food) intended to affect the structure
7 of any function of the body of man or animals and (4)
8 substances intended for use as a component of any article
9 specified in clause (1), (2), or (3) of this subsection. It
10 does not include devices or their components, parts, or
11 accessories.
12 (t-1) "Equipment used for facilitating the manufacture
13 of a controlled or counterfeit substance or controlled
14 substance analog" means, but is not limited to, three-neck
15 round-bottom flasks, tableting machines, encapsulating
16 machines, heating mantles, tanks suitable for holding
17 anhydrous ammonia or instruments or devices suitable for
18 blending or crushing substances into liquid or powder; it
19 also means any punch, die, plate, stone or other thing
20 designed to print, imprint, or reproduce the trademark, trade
21 name or other identifying mark, imprint, or device of another
22 or any likeness of any of the foregoing upon any drug or
23 container or labeling of the drug or container so as to
24 render the drug a counterfeit substance.
25 (u) "Good faith" means the prescribing or dispensing of
26 a controlled substance by a practitioner in the regular
27 course of professional treatment to or for any person who is
28 under his treatment for a pathology or condition other than
29 that individual's physical or psychological dependence upon
30 or addiction to a controlled substance, except as provided
31 herein: and application of the term to a pharmacist shall
32 mean the dispensing of a controlled substance pursuant to the
33 prescriber's order which in the professional judgment of the
34 pharmacist is lawful. The pharmacist shall be guided by
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1 accepted professional standards including, but not limited to
2 the following, in making the judgment:
3 (1) lack of consistency of doctor-patient
4 relationship,
5 (2) frequency of prescriptions for same drug by one
6 prescriber for large numbers of patients,
7 (3) quantities beyond those normally prescribed,
8 (4) unusual dosages,
9 (5) unusual geographic distances between patient,
10 pharmacist and prescriber,
11 (6) consistent prescribing of habit-forming drugs.
12 (u-1) "Home infusion services" means services provided
13 by a pharmacy in compounding solutions for direct
14 administration to a patient in a private residence, long-term
15 care facility, or hospice setting by means of parenteral,
16 intravenous, intramuscular, subcutaneous, or intraspinal
17 infusion.
18 (v) "Immediate precursor" means a substance:
19 (1) which the Department has found to be and by
20 rule designated as being a principal compound used, or
21 produced primarily for use, in the manufacture of a
22 controlled substance;
23 (2) which is an immediate chemical intermediary
24 used or likely to be used in the manufacture of such
25 controlled substance; and
26 (3) the control of which is necessary to prevent,
27 curtail or limit the manufacture of such controlled
28 substance.
29 (w) "Instructional activities" means the acts of
30 teaching, educating or instructing by practitioners using
31 controlled substances within educational facilities approved
32 by the State Board of Education or its successor agency.
33 (x) "Local authorities" means a duly organized State,
34 County or Municipal peace unit or police force.
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1 (y) "Look-alike substance" means a substance, other than
2 a controlled substance which (1) by overall dosage unit
3 appearance, including shape, color, size, markings or lack
4 thereof, taste, consistency, or any other identifying
5 physical characteristic of the substance, would lead a
6 reasonable person to believe that the substance is a
7 controlled substance, or (2) is expressly or impliedly
8 represented to be a controlled substance or is distributed
9 under circumstances which would lead a reasonable person to
10 believe that the substance is a controlled substance. For the
11 purpose of determining whether the representations made or
12 the circumstances of the distribution would lead a reasonable
13 person to believe the substance to be a controlled substance
14 under this clause (2) of subsection (y), the court or other
15 authority may consider the following factors in addition to
16 any other factor that may be relevant:
17 (a) statements made by the owner or person in
18 control of the substance concerning its nature, use or
19 effect;
20 (b) statements made to the buyer or recipient that
21 the substance may be resold for profit;
22 (c) whether the substance is packaged in a manner
23 normally used for the illegal distribution of controlled
24 substances;
25 (d) whether the distribution or attempted
26 distribution included an exchange of or demand for money
27 or other property as consideration, and whether the
28 amount of the consideration was substantially greater
29 than the reasonable retail market value of the substance.
30 Clause (1) of this subsection (y) shall not apply to a
31 noncontrolled substance in its finished dosage form that was
32 initially introduced into commerce prior to the initial
33 introduction into commerce of a controlled substance in its
34 finished dosage form which it may substantially resemble.
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1 Nothing in this subsection (y) prohibits the dispensing
2 or distributing of noncontrolled substances by persons
3 authorized to dispense and distribute controlled substances
4 under this Act, provided that such action would be deemed to
5 be carried out in good faith under subsection (u) if the
6 substances involved were controlled substances.
7 Nothing in this subsection (y) or in this Act prohibits
8 the manufacture, preparation, propagation, compounding,
9 processing, packaging, advertising or distribution of a drug
10 or drugs by any person registered pursuant to Section 510 of
11 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
12 (y-1) "Mail-order pharmacy" means a pharmacy that is
13 located in a state of the United States, other than Illinois,
14 that delivers, dispenses or distributes, through the United
15 States Postal Service or other common carrier, to Illinois
16 residents, any substance which requires a prescription.
17 (z) "Manufacture" means the production, preparation,
18 propagation, compounding, conversion or processing of a
19 controlled substance, either directly or indirectly, by
20 extraction from substances of natural origin, or
21 independently by means of chemical synthesis, or by a
22 combination of extraction and chemical synthesis, and
23 includes any packaging or repackaging of the substance or
24 labeling of its container, except that this term does not
25 include:
26 (1) by an ultimate user, the preparation or
27 compounding of a controlled substance for his own use; or
28 (2) by a practitioner, or his authorized agent
29 under his supervision, the preparation, compounding,
30 packaging, or labeling of a controlled substance:
31 (a) as an incident to his administering or
32 dispensing of a controlled substance in the course
33 of his professional practice; or
34 (b) as an incident to lawful research,
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1 teaching or chemical analysis and not for sale.
2 (aa) "Narcotic drug" means any of the following, whether
3 produced directly or indirectly by extraction from substances
4 of natural origin, or independently by means of chemical
5 synthesis, or by a combination of extraction and chemical
6 synthesis:
7 (1) opium and opiate, and any salt, compound,
8 derivative, or preparation of opium or opiate;
9 (2) any salt, compound, isomer, derivative, or
10 preparation thereof which is chemically equivalent or
11 identical with any of the substances referred to in
12 clause (1), but not including the isoquinoline alkaloids
13 of opium;
14 (3) opium poppy and poppy straw;
15 (4) coca leaves and any salts, compound, isomer,
16 salt of an isomer, derivative, or preparation of coca
17 leaves including cocaine or ecgonine, and any salt,
18 compound, isomer, derivative, or preparation thereof
19 which is chemically equivalent or identical with any of
20 these substances, but not including decocainized coca
21 leaves or extractions of coca leaves which do not contain
22 cocaine or ecgonine (for the purpose of this paragraph,
23 the term "isomer" includes optical, positional and
24 geometric isomers).
25 (bb) "Nurse" means a registered nurse licensed under the
26 Nursing and Advanced Practice Nursing Act.
27 (cc) "Official prescription blanks" means the triplicate
28 prescription forms supplied to prescribers by the Department
29 for prescribing Schedule II Designated Product controlled
30 substances.
31 (dd) "Opiate" means any substance having an addiction
32 forming or addiction sustaining liability similar to morphine
33 or being capable of conversion into a drug having addiction
34 forming or addiction sustaining liability.
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1 (ee) "Opium poppy" means the plant of the species
2 Papaver somniferum L., except its seeds.
3 (ff) "Parole and Pardon Board" means the Parole and
4 Pardon Board of the State of Illinois or its successor
5 agency.
6 (gg) "Person" means any individual, corporation,
7 mail-order pharmacy, government or governmental subdivision
8 or agency, business trust, estate, trust, partnership or
9 association, or any other entity.
10 (hh) "Pharmacist" means any person who holds a
11 certificate of registration as a registered pharmacist, a
12 local registered pharmacist or a registered assistant
13 pharmacist under the Pharmacy Practice Act of 1987.
14 (ii) "Pharmacy" means any store, ship or other place in
15 which pharmacy is authorized to be practiced under the
16 Pharmacy Practice Act of 1987.
17 (jj) "Poppy straw" means all parts, except the seeds, of
18 the opium poppy, after mowing.
19 (kk) "Practitioner" means a physician licensed to
20 practice medicine in all its branches, dentist, podiatrist,
21 veterinarian, scientific investigator, pharmacist, physician
22 assistant, advanced practice nurse, licensed practical nurse,
23 registered nurse, hospital, laboratory, or pharmacy, or other
24 person licensed, registered, or otherwise lawfully permitted
25 by the United States or this State to distribute, dispense,
26 conduct research with respect to, administer or use in
27 teaching or chemical analysis, a controlled substance in the
28 course of professional practice or research.
29 (ll) "Pre-printed prescription" means a written
30 prescription upon which the designated drug has been
31 indicated prior to the time of issuance.
32 (mm) "Prescriber" means a physician licensed to practice
33 medicine in all its branches, dentist, podiatrist or
34 veterinarian who issues a prescription, a physician assistant
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1 who issues a prescription for a Schedule III, IV, or V
2 controlled substance as delegated by a physician licensed to
3 practice medicine in all its branches in accordance with the
4 written guidelines required under Section 7.5 of the
5 Physician Assistant Practice Act of 1987, or an advanced
6 practice nurse with prescriptive authority, as delegated by a
7 physician licensed to practice medicine in all its branches,
8 in accordance with a written collaborative agreement under
9 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
10 Nursing Act.
11 (nn) "Prescription" means a lawful written, facsimile,
12 or verbal order of a physician licensed to practice medicine
13 in all its branches, dentist, podiatrist or veterinarian for
14 any controlled substance, of a physician assistant for a
15 Schedule III, IV, or V controlled substance as delegated by a
16 physician licensed to practice medicine in all its branches
17 in accordance with the written guidelines required under
18 Section 7.5 of the Physician Assistant Practice Act of 1987,
19 or of an advanced practice nurse who issues a prescription
20 for a Schedule III, IV, or V controlled substance, pursuant
21 to prescriptive authority delegated by a physician licensed
22 to practice medicine in all its branches, in accordance with
23 a written collaborative agreement under Sections 15-15 and
24 15-20 of the Nursing and Advanced Practice Nursing Act.
25 (oo) "Production" or "produce" means manufacture,
26 planting, cultivating, growing, or harvesting of a controlled
27 substance.
28 (pp) "Registrant" means every person who is required to
29 register under Section 302 of this Act.
30 (qq) "Registry number" means the number assigned to each
31 person authorized to handle controlled substances under the
32 laws of the United States and of this State.
33 (rr) "State" includes the State of Illinois and any
34 state, district, commonwealth, territory, insular possession
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1 thereof, and any area subject to the legal authority of the
2 United States of America.
3 (ss) "Ultimate user" means a person who lawfully
4 possesses a controlled substance for his own use or for the
5 use of a member of his household or for administering to an
6 animal owned by him or by a member of his household.
7 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
8 90-116, eff. 7-14-97; 90-742, eff. 8-13-98.)
9 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
10 Sec. 401. Except as authorized by this Act, it is
11 unlawful for any person knowingly to: (i) manufacture or
12 deliver, or possess with intent to manufacture or deliver, a
13 controlled or counterfeit substance or controlled substance
14 analog or (ii) possess any immediate precursor of a
15 controlled or counterfeit substance or controlled substance
16 analog with intent to manufacture a controlled or counterfeit
17 substance or controlled substance analog or possess any
18 immediate chemical intermediary listed in any of the
19 provisions of this Section with the intent to manufacture a
20 controlled or counterfeit substance or controlled substance
21 analog. A violation of this Act with respect to each of the
22 controlled substances listed herein constitutes a single and
23 separate violation of this Act. For purposes of this
24 Section, "controlled substance analog" or "analog" means a
25 substance which is intended for human consumption, other than
26 a controlled substance, that has a chemical structure
27 substantially similar to that of a controlled substance in
28 Schedule I or II, or that was specifically designed to
29 produce an effect substantially similar to that of a
30 controlled substance in Schedule I or II. Examples of
31 chemical classes in which controlled substance analogs are
32 found include, but are not limited to, the following:
33 phenethylamines, N-substituted piperidines, morphinans,
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1 ecgonines, quinazolinones, substituted indoles, and
2 arylcycloalkylamines. For purposes of this Act, a controlled
3 substance analog shall be treated in the same manner as the
4 controlled substance to which it is substantially similar.
5 (a) Any person who violates this Section with respect to
6 the following amounts of controlled or counterfeit substances
7 or controlled substance analogs, notwithstanding any of the
8 provisions of subsections (c), (d), (e), (f), (g) or (h) to
9 the contrary, is guilty of a Class X felony and shall be
10 sentenced to a term of imprisonment as provided in this
11 subsection (a) and fined as provided in subsection (b):
12 (1) (A) not less than 6 years and not more than 30
13 years with respect to 15 grams or more but less than
14 100 grams of a substance containing heroin, or an
15 analog thereof;
16 (B) not less than 9 years and not more than 40
17 years with respect to 100 grams or more but less
18 than 400 grams of a substance containing heroin, or
19 an analog thereof;
20 (C) not less than 12 years and not more than
21 50 years with respect to 400 grams or more but less
22 than 900 grams of a substance containing heroin, or
23 an analog thereof;
24 (D) not less than 15 years and not more than
25 60 years with respect to 900 grams or more of any
26 substance containing heroin, or an analog thereof;
27 (2) (A) not less than 6 years and not more than 30
28 years with respect to 15 grams or more but less than
29 100 grams of a substance containing cocaine, or an
30 analog thereof;
31 (B) not less than 9 years and not more than 40
32 years with respect to 100 grams or more but less
33 than 400 grams of a substance containing cocaine, or
34 an analog thereof;
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1 (C) not less than 12 years and not more than
2 50 years with respect to 400 grams or more but less
3 than 900 grams of a substance containing cocaine, or
4 an analog thereof;
5 (D) not less than 15 years and not more than
6 60 years with respect to 900 grams or more of any
7 substance containing cocaine, or an analog thereof;
8 (3) (A) not less than 6 years and not more than 30
9 years with respect to 15 grams or more but less than
10 100 grams of a substance containing morphine, or an
11 analog thereof;
12 (B) not less than 9 years and not more than 40
13 years with respect to 100 grams or more but less
14 than 400 grams of a substance containing morphine,
15 or an analog thereof;
16 (C) not less than 12 years and not more than
17 50 years with respect to 400 grams or more but less
18 than 900 grams of a substance containing morphine,
19 or an analog thereof;
20 (D) not less than 15 years and not more than
21 60 years with respect to 900 grams or more of a
22 substance containing morphine, or an analog thereof;
23 (4) 200 grams or more of any substance containing
24 peyote, or an analog thereof;
25 (5) 200 grams or more of any substance containing a
26 derivative of barbituric acid or any of the salts of a
27 derivative of barbituric acid, or an analog thereof;
28 (6) 200 grams or more of any substance containing
29 amphetamine or any salt of an optical isomer of
30 amphetamine, or an analog thereof;
31 (6.5) (A) not less than 6 years and not more than
32 30 years with respect to 15 grams or more but less
33 than 100 grams of a substance containing
34 methamphetamine or any salt of an optical isomer of
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1 methamphetamine, or an analog thereof;
2 (B) not less than 6 years and not more than 40
3 years with respect to 100 grams or more but less
4 than 400 grams of a substance containing
5 methamphetamine or any salt of an optical isomer of
6 methamphetamine, or an analog thereof;
7 (C) not less than 6 years and not more than 50
8 years with respect to 400 grams or more but less
9 than 900 grams of a substance containing
10 methamphetamine or any salt of an optical isomer of
11 methamphetamine, or an analog thereof;
12 (D) not less than 6 years and not more than 60
13 years with respect to 900 grams or more of any
14 substance containing methamphetamine or any salt of
15 an optical isomer of methamphetamine, or an analog
16 thereof.
17 (6.6) (A) not less than 6 years and not more than 30
18 years for the possession of any immediate precursor or
19 other immediate chemical intermediary of methamphetamine,
20 including but not limited to, any substance containing
21 ephedrine, pseudoephedrine, phenylacetone,
22 phenyl-2-propanone, benzyl methyl ketone or methyl benzyl
23 ketone, when such immediate precursor or other immediate
24 chemical intermediary is possessed with intent to
25 manufacture 30 grams or more but less than 150 grams of
26 any substance containing methamphetamine, or salt of any
27 optical isomer of methamphetamine, or an analog thereof;
28 (B) not less than 6 years and not more than 40
29 years for the possession of any immediate precursor
30 or other immediate chemical intermediary of
31 methamphetamine, including but not limited to, any
32 substance containing ephedrine, pseudoephedrine,
33 phenylacetone, phenyl-2-propanone, benzyl methyl
34 ketone or methyl benzyl ketone, when such immediate
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1 precursor or other immediate chemical intermediary
2 is possessed with intent to manufacture 150 grams or
3 more but less than 500 grams of any substance
4 containing methamphetamine, or salt of an optical
5 isomer of methamphetamine, or an analog thereof;
6 (C) not less than 6 years and not more than 50
7 years for the possession of any immediate precursor
8 or other immediate chemical intermediary of
9 methamphetamine, including, but not limited to, any
10 substance containing ephedrine, pseudoephedrine,
11 phenylacetone, phenyl-2-propanone, benzyl methyl
12 ketone or methyl benzyl ketone, when such immediate
13 precursor or other immediate chemical intermediary
14 is possessed with intent to manufacture 500 grams or
15 more but less than 1200 grams of any substance
16 containing methamphetamine, or salt of an optical
17 isomer of methamphetamine, or an analog thereof;
18 (D) not less than 6 years and not more than 60
19 years for the possession of any immediate precursor
20 or other immediate chemical intermediary of
21 methamphetamine, including but not limited to, any
22 substance containing ephedrine, pseudoephedrine,
23 phenylacetone, phenyl-2-propanone, benzyl methyl
24 ketone or methyl benzyl ketone, when such immediate
25 precursor or other immediate chemical intermediary
26 is possessed with intent to manufacture 1200 grams
27 or more of any substance containing methamphetamine,
28 or salt of an optical isomer of methamphetamine, or
29 an analog thereof;
30 (7) (A) not less than 6 years and not more than 30
31 years with respect to: (i) 15 grams or more but less
32 than 100 grams of a substance containing lysergic
33 acid diethylamide (LSD), or an analog thereof, or
34 (ii) 15 or more objects or 15 or more segregated
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1 parts of an object or objects but less than 200
2 objects or 200 segregated parts of an object or
3 objects containing in them or having upon them any
4 amounts of any substance containing lysergic acid
5 diethylamide (LSD), or an analog thereof;
6 (B) not less than 9 years and not more than 40
7 years with respect to: (i) 100 grams or more but
8 less than 400 grams of a substance containing
9 lysergic acid diethylamide (LSD), or an analog
10 thereof, or (ii) 200 or more objects or 200 or more
11 segregated parts of an object or objects but less
12 than 600 objects or less than 600 segregated parts
13 of an object or objects containing in them or having
14 upon them any amount of any substance containing
15 lysergic acid diethylamide (LSD), or an analog
16 thereof;
17 (C) not less than 12 years and not more than
18 50 years with respect to: (i) 400 grams or more but
19 less than 900 grams of a substance containing
20 lysergic acid diethylamide (LSD), or an analog
21 thereof, or (ii) 600 or more objects or 600 or more
22 segregated parts of an object or objects but less
23 than 1500 objects or 1500 segregated parts of an
24 object or objects containing in them or having upon
25 them any amount of any substance containing lysergic
26 acid diethylamide (LSD), or an analog thereof;
27 (D) not less than 15 years and not more than
28 60 years with respect to: (i) 900 grams or more of
29 any substance containing lysergic acid diethylamide
30 (LSD), or an analog thereof, or (ii) 1500 or more
31 objects or 1500 or more segregated parts of an
32 object or objects containing in them or having upon
33 them any amount of a substance containing lysergic
34 acid diethylamide (LSD), or an analog thereof;
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1 (8) 30 grams or more of any substance containing
2 pentazocine or any of the salts, isomers and salts of
3 isomers of pentazocine, or an analog thereof;
4 (9) 30 grams or more of any substance containing
5 methaqualone or any of the salts, isomers and salts of
6 isomers of methaqualone, or an analog thereof;
7 (10) 30 grams or more of any substance
8 containing phencyclidine or any of the salts, isomers
9 and salts of isomers of phencyclidine (PCP), or an
10 analog thereof;
11 (10.5) 30 grams or more of any substance containing
12 ketamine or any of the salts, isomers and salts of
13 isomers of ketamine, or an analog thereof;
14 (11) 200 grams or more of any substance containing
15 any other controlled substance classified in Schedules I
16 or II, or an analog thereof, which is not otherwise
17 included in this subsection.
18 (b) Any person sentenced with respect to violations of
19 paragraph (1), (2), (3), (6.5), (6.6), or (7) of subsection
20 (a) involving 100 grams or more of the controlled substance
21 named therein, may in addition to the penalties provided
22 therein, be fined an amount not more than $500,000 or the
23 full street value of the controlled or counterfeit substance
24 or controlled substance analog, whichever is greater. The
25 term "street value" shall have the meaning ascribed in
26 Section 110-5 of the Code of Criminal Procedure of 1963. Any
27 person sentenced with respect to any other provision of
28 subsection (a), may in addition to the penalties provided
29 therein, be fined an amount not to exceed $500,000.
30 (c) Any person who violates this Section with regard to
31 the following amounts of controlled or counterfeit substances
32 or controlled substance analogs, notwithstanding any of the
33 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
34 to the contrary, is guilty of a Class 1 felony. The fine for
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1 violation of this subsection (c) shall not be more than
2 $250,000:
3 (1) 10 or more grams but less than 15 grams of any
4 substance containing heroin, or an analog thereof;
5 (2) 1 gram or more but less than 15 grams of any
6 substance containing cocaine, or an analog thereof;
7 (3) 10 grams or more but less than 15 grams of any
8 substance containing morphine, or an analog thereof;
9 (4) 50 grams or more but less than 200 grams of any
10 substance containing peyote, or an analog thereof;
11 (5) 50 grams or more but less than 200 grams of any
12 substance containing a derivative of barbituric acid or
13 any of the salts of a derivative of barbituric acid, or
14 an analog thereof;
15 (6) 50 grams or more but less than 200 grams of any
16 substance containing amphetamine or any salt of an
17 optical isomer of amphetamine, or an analog thereof;
18 (6.5) 5 grams or more but less than 15 grams of any
19 substance containing methamphetamine or any salt or
20 optical isomer of methamphetamine, or an analog thereof;
21 (7) (i) 5 grams or more but less than 15 grams of
22 any substance containing lysergic acid diethylamide
23 (LSD), or an analog thereof, or (ii) more than 10 objects
24 or more than 10 segregated parts of an object or objects
25 but less than 15 objects or less than 15 segregated parts
26 of an object containing in them or having upon them any
27 amount of any substance containing lysergic acid
28 diethylamide (LSD), or an analog thereof;
29 (8) 10 grams or more but less than 30 grams of any
30 substance containing pentazocine or any of the salts,
31 isomers and salts of isomers of pentazocine, or an analog
32 thereof;
33 (9) 10 grams or more but less than 30 grams of any
34 substance containing methaqualone or any of the salts,
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1 isomers and salts of isomers of methaqualone, or an
2 analog thereof;
3 (10) 10 grams or more but less than 30 grams of any
4 substance containing phencyclidine or any of the salts,
5 isomers and salts of isomers of phencyclidine (PCP), or
6 an analog thereof;
7 (10.5) 10 grams or more but less than 30 grams of
8 any substance containing ketamine or any of the salts,
9 isomers and salts of isomers of ketamine, or an analog
10 thereof;
11 (11) 50 grams or more but less than 200 grams of
12 any substance containing a substance classified in
13 Schedules I or II, or an analog thereof, which is not
14 otherwise included in this subsection.
15 (c-5) Any person who violates this Section with regard
16 to possession of an immediate precursor or other immediate
17 chemical intermediary of methamphetamine, including but not
18 limited to any substance containing ephedrine,
19 pseudoephedrine, phenylacetone, phenyl-2-propanone, benzyl
20 methyl ketone or methyl benzyl ketone, when such immediate
21 precurser or other immediate chemical intermediatry is
22 possessed with intent to manufacture 15 grams or more but
23 less than 30 grams of methamphetamine, or salt of an optical
24 isomer of methamphetamine or any analog thereof, is guilty of
25 a Class 1 felony. The fine for violation of this subsection
26 (c-5) shall not be more than $250,000.
27 (d) Any person who violates this Section with regard to
28 any other amount of a controlled or counterfeit substance
29 classified in Schedules I or II, or an analog thereof, which
30 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
31 or an analog thereof, or (iii) any substance containing
32 methamphetamine or any salt or optical isomer of
33 methamphetamine, or an analog thereof, is guilty of a Class 2
34 felony. The fine for violation of this subsection (d) shall
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1 not be more than $200,000.
2 (d-5) Any person who violates this Section with regard
3 to possession of an immediate precursor or other immediate
4 chemical intermediary of methamphetamine including, but not
5 limited to, any substance containing ephedrine
6 pseudoephedrine, phenylacetone, phenyl-2-propanone, benzyl
7 methyl ketone or methyl benzyl ketone, when such immediate
8 precurer or its immediate chemical intermediary is possessed
9 with intent to manufacture less than 15 grams of
10 methamphetamine, or salt of an optical isomer of
11 methamphetamine or any analog thereof, is guilty of a Class 2
12 felony. The fine for violation of this subsection (d-5)
13 shall not be more than $200,000.
14 (e) Any person who violates this Section with regard to
15 any other amount of a controlled or counterfeit substance
16 classified in Schedule I or II, or an analog thereof, which
17 substance is not included under subsection (d) of this
18 Section, is guilty of a Class 3 felony. The fine for
19 violation of this subsection (e) shall not be more than
20 $150,000.
21 (f) Any person who violates this Section with regard to
22 any other amount of a controlled or counterfeit substance
23 classified in Schedule III is guilty of a Class 3 felony. The
24 fine for violation of this subsection (f) shall not be more
25 than $125,000.
26 (g) Any person who violates this Section with regard to
27 any other amount of a controlled or counterfeit substance
28 classified in Schedule IV is guilty of a Class 3 felony. The
29 fine for violation of this subsection (g) shall not be more
30 than $100,000.
31 (h) Any person who violates this Section with regard to
32 any other amount of a controlled or counterfeit substance
33 classified in Schedule V is guilty of a Class 3 felony. The
34 fine for violation of this subsection (h) shall not be more
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1 than $75,000.
2 (i) This Section does not apply to the manufacture,
3 possession or distribution of a substance in conformance with
4 the provisions of an approved new drug application or an
5 exemption for investigational use within the meaning of
6 Section 505 of the Federal Food, Drug and Cosmetic Act.
7 (j) It may be inferred that a person who either
8 possessed any substance containing an immediate precursor or
9 possessed any substance containing any immediate chemical
10 intermediary intended to use the entire amount of the
11 immediate precursor or immediate chemical intermediary
12 derivable from the substance possessed to manufacture the
13 controlled or counterfeit substance or controlled substance
14 analog if the immediate precursor or immediate chemical
15 intermediary was found in close proximity to chemicals or
16 equipment used for facilitating the manufacture of the
17 controlled or counterfeit substance or controlled substance
18 analog that the person is alleged to have intended to
19 manufacture.
20 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
21 90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)
22 (720 ILCS 570/401.5)
23 Sec. 401.5. Chemical breakdown of illicit controlled
24 substance.
25 (a) It is unlawful for any person to manufacture a
26 controlled substance prohibited by this Act by chemically
27 deriving the controlled substance from one or more other
28 controlled substances prohibited by this Act.
29 (a-5) It is unlawful for any person to possess any
30 substance with the intent to use the substance to facilitate
31 the manufacture of any controlled or counterfeit substance or
32 controlled substance analog other than as authorized by this
33 Act.
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1 (b) A violation of this Section is a Class 4 felony.
2 (c) This Section does not apply to the manufacture of
3 methamphetamine or to the possession of any substance
4 containing an immediate precursor or immediate chemical
5 intermediary possessed with the intent to manufacture
6 methamphetamine or any salt of an optical isomer of
7 methamphetamine, or an analog of methamphetamine.
8 (Source: P.A. 90-775, eff. 1-1-99.)
9 (720 ILCS 570/406.2 new)
10 Sec. 406.2. Use of a dangerous place for the commission
11 of a controlled substance offense.
12 (a) A person commits the offense of use of a dangerous
13 place for the commission of a controlled substance offense
14 when that person knowingly exercises control over any place
15 with the intent to use that place to manufacture, deliver or
16 possess with intent to deliver a controlled or counterfeit
17 substance or controlled substance analog in violation of
18 Section 401 of this Act and:
19 (1) the place, by virtue of the presence of the
20 substance or substances used or intended to be used to
21 manufacture the controlled or counterfeit substance or
22 controlled substance analog, presents a substantial risk
23 of injury to any person from fire, explosion, or exposure
24 to toxic or noxious chemicals or gas; or
25 (2) the place used or intended to be used to
26 manufacture, deliver, or possess with intent to deliver
27 the controlled or counterfeit substance or controlled
28 substance analog has located within it or surrounding it
29 devices, chemicals, or explosives designed, hidden, or
30 arranged in a manner that would cause a person to be
31 exposed to a substantial risk of great bodily harm.
32 (b) It may be inferred that a place was intended to be
33 used to manufacture a controlled or counterfeit substance or
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1 controlled substance analog if a substance containing a
2 controlled or counterfeit substance or controlled substance
3 analog or a substance containing a chemical important to the
4 manufacture of a controlled or counterfeit substance or
5 controlled substance analog is found at the place of the
6 alleged illegal controlled substance manufacturing in close
7 proximity to equipment or a chemical used for facilitating
8 the manufacture of the controlled or counterfeit substance or
9 controlled substance analog that is alleged to have been
10 intended to be manufactured.
11 (c) As used in this Section, "place" means a premise,
12 conveyance, or location that offers seclusion, shelter,
13 means, or facilitation for manufacturing, possessing, or
14 possessing with intent to deliver a controlled or counterfeit
15 substance or controlled substance analog.
16 (d) Use of a dangerous place for the commission of a
17 controlled substance offense is a Class X felony.