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91_HB1278eng HB1278 Engrossed 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) HB1278 Engrossed -2- LRB9101304RCksB 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, HB1278 Engrossed -3- LRB9101304RCksB 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, HB1278 Engrossed -4- LRB9101304RCksB 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) Benzyl 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. HB1278 Engrossed -5- LRB9101304RCksB 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. HB1278 Engrossed -6- LRB9101304RCksB 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 HB1278 Engrossed -7- LRB9101304RCksB 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) HB1278 Engrossed -8- LRB9101304RCksB 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 HB1278 Engrossed -9- LRB9101304RCksB 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 HB1278 Engrossed -10- LRB9101304RCksB 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. HB1278 Engrossed -11- LRB9101304RCksB 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. HB1278 Engrossed -12- LRB9101304RCksB 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, HB1278 Engrossed -13- LRB9101304RCksB 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. HB1278 Engrossed -14- LRB9101304RCksB 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 HB1278 Engrossed -15- LRB9101304RCksB 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 HB1278 Engrossed -16- LRB9101304RCksB 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, HB1278 Engrossed -17- LRB9101304RCksB 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; HB1278 Engrossed -18- LRB9101304RCksB 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 HB1278 Engrossed -19- LRB9101304RCksB 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 HB1278 Engrossed -20- LRB9101304RCksB 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 HB1278 Engrossed -21- LRB9101304RCksB 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; HB1278 Engrossed -22- LRB9101304RCksB 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 HB1278 Engrossed -23- LRB9101304RCksB 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, HB1278 Engrossed -24- LRB9101304RCksB 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 precursor 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 HB1278 Engrossed -25- LRB9101304RCksB 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 precursor 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 HB1278 Engrossed -26- LRB9101304RCksB 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. HB1278 Engrossed -27- LRB9101304RCksB 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 HB1278 Engrossed -28- LRB9101304RCksB 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.