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91_HB2347
LRB9104643ACtm
1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Sections 401 and 402.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Sections 401 and 402 as follows:
7 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
8 Sec. 401. Except as authorized by this Act, it is
9 unlawful for any person knowingly to manufacture or deliver,
10 or possess with intent to manufacture or deliver, a
11 controlled or counterfeit substance or controlled substance
12 analog. A violation of this Act with respect to each of the
13 controlled substances listed herein constitutes a single and
14 separate violation of this Act. For purposes of this
15 Section, "controlled substance analog" or "analog" means a
16 substance which is intended for human consumption, other than
17 a controlled substance, that has a chemical structure
18 substantially similar to that of a controlled substance in
19 Schedule I or II, or that was specifically designed to
20 produce an effect substantially similar to that of a
21 controlled substance in Schedule I or II. Examples of
22 chemical classes in which controlled substance analogs are
23 found include, but are not limited to, the following:
24 phenethylamines, N-substituted piperidines, morphinans,
25 ecgonines, quinazolinones, substituted indoles, and
26 arylcycloalkylamines. For purposes of this Act, a controlled
27 substance analog shall be treated in the same manner as the
28 controlled substance to which it is substantially similar.
29 (a) Any person who violates this Section with respect to
30 the following amounts of controlled or counterfeit substances
31 or controlled substance analogs, notwithstanding any of the
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1 provisions of subsections (c), (d), (e), (f), (g) or (h) to
2 the contrary, is guilty of a Class X felony and shall be
3 sentenced to a term of imprisonment as provided in this
4 subsection (a) and fined as provided in subsection (b):
5 (1) (A) not less than 6 years and not more than 30
6 years with respect to 15 grams or more but less than
7 100 grams of a substance containing heroin, or an
8 analog thereof;
9 (B) not less than 9 years and not more than 40
10 years with respect to 100 grams or more but less
11 than 400 grams of a substance containing heroin, or
12 an analog thereof;
13 (C) not less than 12 years and not more than
14 50 years with respect to 400 grams or more but less
15 than 900 grams of a substance containing heroin, or
16 an analog thereof;
17 (D) not less than 15 years and not more than
18 60 years with respect to 900 grams or more of any
19 substance containing heroin, or an analog thereof;
20 (2) (A) not less than 6 years and not more than 30
21 years with respect to 15 grams or more but less than
22 100 grams of a substance containing cocaine, or an
23 analog thereof;
24 (B) not less than 9 years and not more than 40
25 years with respect to 100 grams or more but less
26 than 400 grams of a substance containing cocaine, or
27 an analog thereof;
28 (C) not less than 12 years and not more than
29 50 years with respect to 400 grams or more but less
30 than 900 grams of a substance containing cocaine, or
31 an analog thereof;
32 (D) not less than 15 years and not more than
33 60 years with respect to 900 grams or more of any
34 substance containing cocaine, or an analog thereof;
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1 (3) (A) not less than 6 years and not more than 30
2 years with respect to 15 grams or more but less than
3 100 grams of a substance containing morphine, or an
4 analog thereof;
5 (B) not less than 9 years and not more than 40
6 years with respect to 100 grams or more but less
7 than 400 grams of a substance containing morphine,
8 or an analog thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing morphine,
12 or an analog thereof;
13 (D) not less than 15 years and not more than
14 60 years with respect to 900 grams or more of a
15 substance containing morphine, or an analog thereof;
16 (4) 200 grams or more of any substance containing
17 peyote, or an analog thereof;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid, or an analog thereof;
21 (6) 200 grams or more of any substance containing
22 amphetamine or any salt of an optical isomer of
23 amphetamine, or an analog thereof;
24 (6.5) (A) not less than 6 years and not more than
25 30 years with respect to 15 grams or more but less
26 than 100 grams of a substance containing
27 methamphetamine or any salt of an optical isomer of
28 methamphetamine, or an analog thereof;
29 (B) not less than 9 6 years and not more than
30 40 years with respect to 100 grams or more but less
31 than 400 grams of a substance containing
32 methamphetamine or any salt of an optical isomer of
33 methamphetamine, or an analog thereof;
34 (C) not less than 12 6 years and not more than
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1 50 years with respect to 400 grams or more but less
2 than 900 grams of a substance containing
3 methamphetamine or any salt of an optical isomer of
4 methamphetamine, or an analog thereof;
5 (D) not less than 15 6 years and not more than
6 60 years with respect to 900 grams or more of any
7 substance containing methamphetamine or any salt of
8 an optical isomer of methamphetamine, or an analog
9 thereof.
10 (7) (A) not less than 6 years and not more than 30
11 years with respect to: (i) 15 grams or more but less
12 than 100 grams of a substance containing lysergic
13 acid diethylamide (LSD), or an analog thereof, or
14 (ii) 15 or more objects or 15 or more segregated
15 parts of an object or objects but less than 200
16 objects or 200 segregated parts of an object or
17 objects containing in them or having upon them any
18 amounts of any substance containing lysergic acid
19 diethylamide (LSD), or an analog thereof;
20 (B) not less than 9 years and not more than 40
21 years with respect to: (i) 100 grams or more but
22 less than 400 grams of a substance containing
23 lysergic acid diethylamide (LSD), or an analog
24 thereof, or (ii) 200 or more objects or 200 or more
25 segregated parts of an object or objects but less
26 than 600 objects or less than 600 segregated parts
27 of an object or objects containing in them or having
28 upon them any amount of any substance containing
29 lysergic acid diethylamide (LSD), or an analog
30 thereof;
31 (C) not less than 12 years and not more than
32 50 years with respect to: (i) 400 grams or more but
33 less than 900 grams of a substance containing
34 lysergic acid diethylamide (LSD), or an analog
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1 thereof, or (ii) 600 or more objects or 600 or more
2 segregated parts of an object or objects but less
3 than 1500 objects or 1500 segregated parts of an
4 object or objects containing in them or having upon
5 them any amount of any substance containing lysergic
6 acid diethylamide (LSD), or an analog thereof;
7 (D) not less than 15 years and not more than
8 60 years with respect to: (i) 900 grams or more of
9 any substance containing lysergic acid diethylamide
10 (LSD), or an analog thereof, or (ii) 1500 or more
11 objects or 1500 or more segregated parts of an
12 object or objects containing in them or having upon
13 them any amount of a substance containing lysergic
14 acid diethylamide (LSD), or an analog thereof;
15 (8) 30 grams or more of any substance containing
16 pentazocine or any of the salts, isomers and salts of
17 isomers of pentazocine, or an analog thereof;
18 (9) 30 grams or more of any substance containing
19 methaqualone or any of the salts, isomers and salts of
20 isomers of methaqualone, or an analog thereof;
21 (10) 30 grams or more of any substance
22 containing phencyclidine or any of the salts, isomers
23 and salts of isomers of phencyclidine (PCP), or an
24 analog thereof;
25 (10.5) 30 grams or more of any substance containing
26 ketamine or any of the salts, isomers and salts of
27 isomers of ketamine, or an analog thereof;
28 (11) 200 grams or more of any substance containing
29 any other controlled substance classified in Schedules I
30 or II, or an analog thereof, which is not otherwise
31 included in this subsection.
32 (b) Any person sentenced with respect to violations of
33 paragraph (1), (2), (3), (6.5), or (7) of subsection (a)
34 involving 100 grams or more of the controlled substance named
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1 therein, may in addition to the penalties provided therein,
2 be fined an amount not more than $500,000 or the full street
3 value of the controlled or counterfeit substance or
4 controlled substance analog, whichever is greater. The term
5 "street value" shall have the meaning ascribed in Section
6 110-5 of the Code of Criminal Procedure of 1963. Any person
7 sentenced with respect to any other provision of subsection
8 (a), may in addition to the penalties provided therein, be
9 fined an amount not to exceed $500,000.
10 (c) Any person who violates this Section with regard to
11 the following amounts of controlled or counterfeit substances
12 or controlled substance analogs, notwithstanding any of the
13 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
14 to the contrary, is guilty of a Class 1 felony. The fine for
15 violation of this subsection (c) shall not be more than
16 $250,000:
17 (1) 10 or more grams but less than 15 grams of any
18 substance containing heroin, or an analog thereof;
19 (2) 1 gram or more but less than 15 grams of any
20 substance containing cocaine, or an analog thereof;
21 (3) 10 grams or more but less than 15 grams of any
22 substance containing morphine, or an analog thereof;
23 (4) 50 grams or more but less than 200 grams of any
24 substance containing peyote, or an analog thereof;
25 (5) 50 grams or more but less than 200 grams of any
26 substance containing a derivative of barbituric acid or
27 any of the salts of a derivative of barbituric acid, or
28 an analog thereof;
29 (6) 50 grams or more but less than 200 grams of any
30 substance containing amphetamine or any salt of an
31 optical isomer of amphetamine, or an analog thereof;
32 (6.5) 5 grams or more but less than 15 grams of any
33 substance containing methamphetamine or any salt or
34 optical isomer of methamphetamine, or an analog thereof;
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1 (7) (i) 5 grams or more but less than 15 grams of
2 any substance containing lysergic acid diethylamide
3 (LSD), or an analog thereof, or (ii) more than 10 objects
4 or more than 10 segregated parts of an object or objects
5 but less than 15 objects or less than 15 segregated parts
6 of an object containing in them or having upon them any
7 amount of any substance containing lysergic acid
8 diethylamide (LSD), or an analog thereof;
9 (8) 10 grams or more but less than 30 grams of any
10 substance containing pentazocine or any of the salts,
11 isomers and salts of isomers of pentazocine, or an analog
12 thereof;
13 (9) 10 grams or more but less than 30 grams of any
14 substance containing methaqualone or any of the salts,
15 isomers and salts of isomers of methaqualone, or an
16 analog thereof;
17 (10) 10 grams or more but less than 30 grams of any
18 substance containing phencyclidine or any of the salts,
19 isomers and salts of isomers of phencyclidine (PCP), or
20 an analog thereof;
21 (10.5) 10 grams or more but less than 30 grams of
22 any substance containing ketamine or any of the salts,
23 isomers and salts of isomers of ketamine, or an analog
24 thereof;
25 (11) 50 grams or more but less than 200 grams of
26 any substance containing a substance classified in
27 Schedules I or II, or an analog thereof, which is not
28 otherwise included in this subsection.
29 (d) Any person who violates this Section with regard to
30 any other amount of a controlled or counterfeit substance
31 classified in Schedules I or II, or an analog thereof, which
32 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
33 or an analog thereof, or (iii) any substance containing
34 amphetamine or methamphetamine or any salt or optical isomer
-8- LRB9104643ACtm
1 of amphetamine or methamphetamine, or an analog thereof, is
2 guilty of a Class 2 felony. The fine for violation of this
3 subsection (d) shall not be more than $200,000.
4 (e) Any person who violates this Section with regard to
5 any other amount of a controlled or counterfeit substance
6 classified in Schedule I or II, or an analog thereof, which
7 substance is not included under subsection (d) of this
8 Section, is guilty of a Class 3 felony. The fine for
9 violation of this subsection (e) shall not be more than
10 $150,000.
11 (f) Any person who violates this Section with regard to
12 any other amount of a controlled or counterfeit substance
13 classified in Schedule III is guilty of a Class 3 felony. The
14 fine for violation of this subsection (f) shall not be more
15 than $125,000.
16 (g) Any person who violates this Section with regard to
17 any other amount of a controlled or counterfeit substance
18 classified in Schedule IV is guilty of a Class 3 felony. The
19 fine for violation of this subsection (g) shall not be more
20 than $100,000.
21 (h) Any person who violates this Section with regard to
22 any other amount of a controlled or counterfeit substance
23 classified in Schedule V is guilty of a Class 3 felony. The
24 fine for violation of this subsection (h) shall not be more
25 than $75,000.
26 (i) This Section does not apply to the manufacture,
27 possession or distribution of a substance in conformance with
28 the provisions of an approved new drug application or an
29 exemption for investigational use within the meaning of
30 Section 505 of the Federal Food, Drug and Cosmetic Act.
31 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
32 90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)
33 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
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1 Sec. 402. Except as otherwise authorized by this Act, it
2 is unlawful for any person knowingly to possess a controlled
3 or counterfeit substance. A violation of this Act with
4 respect to each of the controlled substances listed herein
5 constitutes a single and separate violation of this Act.
6 (a) Any person who violates this Section with respect to
7 the following controlled or counterfeit substances and
8 amounts, notwithstanding any of the provisions of subsections
9 subsection (c) and (d) to the contrary, is guilty of a Class
10 1 felony and shall, if sentenced to a term of imprisonment,
11 be sentenced as provided in this subsection (a) and fined as
12 provided in subsection (b):
13 (1) (A) not less than 4 years and not more than 15
14 years with respect to 15 grams or more but less than
15 100 grams of a substance containing heroin;
16 (B) not less than 6 years and not more than 30
17 years with respect to 100 grams or more but less
18 than 400 grams of a substance containing heroin;
19 (C) not less than 8 years and not more than 40
20 years with respect to 400 grams or more but less
21 than 900 grams of any substance containing heroin;
22 (D) not less than 10 years and not more than
23 50 years with respect to 900 grams or more of any
24 substance containing heroin;
25 (2) (A) not less than 4 years and not more than 15
26 years with respect to 15 grams or more but less than
27 100 grams of any substance containing cocaine;
28 (B) not less than 6 years and not more than 30
29 years with respect to 100 grams or more but less
30 than 400 grams of any substance containing cocaine;
31 (C) not less than 8 years and not more than 40
32 years with respect to 400 grams or more but less
33 than 900 grams of any substance containing cocaine;
34 (D) not less than 10 years and not more than
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1 50 years with respect to 900 grams or more of any
2 substance containing cocaine;
3 (3) (A) not less than 4 years and not more than 15
4 years with respect to 15 grams or more but less than
5 100 grams of any substance containing morphine;
6 (B) not less than 6 years and not more than 30
7 years with respect to 100 grams or more but less
8 than 400 grams of any substance containing morphine;
9 (C) not less than 6 years and not more than 40
10 years with respect to 400 grams or more but less
11 than 900 grams of any substance containing morphine;
12 (D) not less than 10 years and not more than
13 50 years with respect to 900 grams or more of any
14 substance containing morphine;
15 (4) 200 grams or more of any substance containing
16 peyote;
17 (5) 200 grams or more of any substance containing a
18 derivative of barbituric acid or any of the salts of a
19 derivative of barbituric acid;
20 (6) 200 grams or more of any substance containing
21 amphetamine or any salt of an optical isomer of
22 amphetamine;
23 (6.5) (A) not less than 4 years and not more than
24 15 years with respect to 15 grams or more but less
25 than 100 grams of a substance containing
26 methamphetamine or any salt of an optical isomer of
27 methamphetamine;
28 (B) not less than 6 years and not more than 30
29 years with respect to 100 grams or more but less
30 than 400 grams of a substance containing
31 methamphetamine or any salt of an optical isomer of
32 methamphetamine;
33 (C) not less than 8 6 years and not more than
34 40 years with respect to 400 grams or more but less
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1 than 900 grams of a substance containing
2 methamphetamine or any salt of an optical isomer of
3 methamphetamine;
4 (D) not less than 10 6 years and not more than
5 50 years with respect to 900 grams or more of any
6 substance containing methamphetamine or any salt of
7 an optical isomer of methamphetamine;
8 (7) (A) not less than 4 years and not more than 15
9 years with respect to: (i) 15 grams or more but less
10 than 100 grams of any substance containing lysergic
11 acid diethylamide (LSD), or an analog thereof, or
12 (ii) 15 or more objects or 15 or more segregated
13 parts of an object or objects but less than 200
14 objects or 200 segregated parts of an object or
15 objects containing in them or having upon them any
16 amount of any substance containing lysergic acid
17 diethylamide (LSD), or an analog thereof;
18 (B) not less than 6 years and not more than 30
19 years with respect to: (i) 100 grams or more but
20 less than 400 grams of any substance containing
21 lysergic acid diethylamide (LSD), or an analog
22 thereof, or (ii) 200 or more objects or 200 or more
23 segregated parts of an object or objects but less
24 than 600 objects or less than 600 segregated parts
25 of an object or objects containing in them or having
26 upon them any amount of any substance containing
27 lysergic acid diethylamide (LSD), or an analog
28 thereof;
29 (C) not less than 8 years and not more than 40
30 years with respect to: (i) 400 grams or more but
31 less than 900 grams of any substance containing
32 lysergic acid diethylamide (LSD), or an analog
33 thereof, or (ii) 600 or more objects or 600 or more
34 segregated parts of an object or objects but less
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1 than 1500 objects or 1500 segregated parts of an
2 object or objects containing in them or having upon
3 them any amount of any substance containing lysergic
4 acid diethylamide (LSD), or an analog thereof;
5 (D) not less than 10 years and not more than
6 50 years with respect to: (i) 900 grams or more of
7 any substance containing lysergic acid diethylamide
8 (LSD), or an analog thereof, or (ii) 1500 or more
9 objects or 1500 or more segregated parts of an
10 object or objects containing in them or having upon
11 them any amount of a substance containing lysergic
12 acid diethylamide (LSD), or an analog thereof;
13 (8) 30 grams or more of any substance containing
14 pentazocine or any of the salts, isomers and salts of
15 isomers of pentazocine, or an analog thereof;
16 (9) 30 grams or more of any substance containing
17 methaqualone or any of the salts, isomers and salts of
18 isomers of methaqualone;
19 (10) 30 grams or more of any substance containing
20 phencyclidine or any of the salts, isomers and salts of
21 isomers of phencyclidine (PCP);
22 (10.5) 30 grams or more of any substance containing
23 ketamine or any of the salts, isomers and salts of
24 isomers of ketamine;
25 (11) 200 grams or more of any substance containing
26 any substance classified as a narcotic drug in Schedules
27 I or II which is not otherwise included in this
28 subsection.
29 (b) Any person sentenced with respect to violations of
30 paragraph (1), (2), (3), (6.5) or (7) of subsection (a)
31 involving 100 grams or more of the controlled substance named
32 therein, may in addition to the penalties provided therein,
33 be fined an amount not to exceed $200,000 or the full street
34 value of the controlled or counterfeit substances, whichever
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1 is greater. The term "street value" shall have the meaning
2 ascribed in Section 110-5 of the Code of Criminal Procedure
3 of 1963. Any person sentenced with respect to any other
4 provision of subsection (a), may in addition to the penalties
5 provided therein, be fined an amount not to exceed $200,000.
6 (c) Any person who violates this Section with regard to
7 an amount of a controlled or counterfeit substance not set
8 forth in subsection (a) or (d) is guilty of a Class 4 felony.
9 The fine for a violation punishable under this subsection (c)
10 shall not be more than $25,000.
11 (d) Any person who violates this Section with regard to
12 any amount of anabolic steroid is guilty of a Class C
13 misdemeanor for the first offense and a Class B misdemeanor
14 for a subsequent offense committed within 2 years of a prior
15 conviction.
16 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
17 90-384, eff. 1-1-98; 90-593, eff. 6-19-98; 90-655, eff.
18 7-30-98; 90-674, eff. 1-1-99; revised 11-4-98.)