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91_HB2347eng HB2347 Engrossed 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 HB2347 Engrossed -2- LRB9104643ACtm 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; HB2347 Engrossed -3- LRB9104643ACtm 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 96years 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 126years and not more than HB2347 Engrossed -4- LRB9104643ACtm 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 156years 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 HB2347 Engrossed -5- LRB9104643ACtm 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 HB2347 Engrossed -6- LRB9104643ACtm 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; HB2347 Engrossed -7- LRB9104643ACtm 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 HB2347 Engrossed -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) HB2347 Engrossed -9- LRB9104643ACtm 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 9subsection(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 HB2347 Engrossed -10- LRB9104643ACtm 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 86years and not more than 34 40 years with respect to 400 grams or more but less HB2347 Engrossed -11- LRB9104643ACtm 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 106years 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 HB2347 Engrossed -12- LRB9104643ACtm 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 HB2347 Engrossed -13- LRB9104643ACtm 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.)