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92_HB0126eng HB0126 Engrossed LRB9201348ARsb 1 AN ACT in relation to controlled substances. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 9-3.3 and 12-4.7 as follows: 6 (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3) 7 Sec. 9-3.3. Drug-induced homicide. 8 (a) A person who violatessubsection (a) or subsection9(c) ofSection 401 of the Illinois Controlled Substances Act 10 by unlawfully delivering a controlled substance to another, 11 and any person dies as a result of the injection, inhalation 12 or ingestion of any amount of that controlled substance, 13 commits the offense of drug-induced homicide. 14 (b) Sentence. Drug-induced homicide is a Class X 15 felony. 16 (c) A person who commits drug-induced homicide by 17 violating subsection (a) or subsection (c) of Section 401 of 18 the Illinois Controlled Substances Act commits a Class X 19 felony for which the defendant shall in addition to a 20 sentence authorized by law, be sentenced to a term of 21 imprisonment of not less than 15 years and not more than 30 22 years or an extended term of not less than 30 years and not 23 more than 60 years. 24 (Source: P.A. 91-357, eff. 7-29-99.) 25 (720 ILCS 5/12-4.7) (from Ch. 38, par. 12-4.7) 26 Sec. 12-4.7. Drug induced infliction of great bodily 27 harm. 28 (a) Any person who violatessubsection (a) or subsection29(c) ofSection 401 of the Illinois Controlled Substances Act 30 by unlawfully delivering a controlled substance to another HB0126 Engrossed -2- LRB9201348ARsb 1 commits the offense of drug induced infliction of great 2 bodily harm if any person experiences great bodily harm or 3 permanent disability as a result of the injection, inhalation 4 or ingestion of any amount of that controlled substance. 5 (b) Drug induced infliction of great bodily harm is a 6 Class 1 felony. 7 (Source: P.A. 86-1459; 87-435; 87-1198.) 8 Section 10. The Illinois Controlled Substances Act is 9 amended by changing Sections 401 and 402 as follows: 10 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401) 11 Sec. 401. Except as authorized by this Act, it is 12 unlawful for any person knowingly to: (i) manufacture or 13 deliver, or possess with intent to manufacture or deliver, a 14 controlled or counterfeit substance or controlled substance 15 analog or (ii) possess any methamphetamine manufacturing 16 chemical listed in paragraph (z-1) of Section 102 with the 17 intent to manufacture methamphetamine or the salt of an 18 optical isomer of methamphetamine or an analog thereof. A 19 violation of this Act with respect to each of the controlled 20 substances listed herein constitutes a single and separate 21 violation of this Act. For purposes of this Section, 22 "controlled substance analog" or "analog" means a substance 23 which is intended for human consumption, other than a 24 controlled substance, that has a chemical structure 25 substantially similar to that of a controlled substance in 26 Schedule I or II, or that was specifically designed to 27 produce an effect substantially similar to that of a 28 controlled substance in Schedule I or II. Examples of 29 chemical classes in which controlled substance analogs are 30 found include, but are not limited to, the following: 31 phenethylamines, N-substituted piperidines, morphinans, 32 ecgonines, quinazolinones, substituted indoles, and HB0126 Engrossed -3- LRB9201348ARsb 1 arylcycloalkylamines. For purposes of this Act, a controlled 2 substance analog shall be treated in the same manner as the 3 controlled substance to which it is substantially similar. 4 (a) Any person who violates this Section with respect to 5 the following amounts of controlled or counterfeit substances 6 or controlled substance analogs, notwithstanding any of the 7 provisions of subsections (c), (c-5), (d), (d-5), (e), (f), 8 (g) or (h) to the contrary, is guilty of a Class X felony and 9 shall be sentenced to a term of imprisonment as provided in 10 this subsection (a) and fined as provided in subsection (b): 11 (1) (A) not less than 6 years and not more than 30 12 years with respect to 15 grams or more but less than 13 100 grams of a substance containing heroin, or an 14 analog thereof; 15 (B) not less than 9 years and not more than 40 16 years with respect to 100 grams or more but less 17 than 400 grams of a substance containing heroin, or 18 an analog thereof; 19 (C) not less than 12 years and not more than 20 50 years with respect to 400 grams or more but less 21 than 900 grams of a substance containing heroin, or 22 an analog thereof; 23 (D) not less than 15 years and not more than 24 60 years with respect to 900 grams or more of any 25 substance containing heroin, or an analog thereof; 26 (2) (A) not less than 6 years and not more than 30 27 years with respect to 15 grams or more but less than 28 100 grams of a substance containing cocaine, or an 29 analog thereof; 30 (B) not less than 9 years and not more than 40 31 years with respect to 100 grams or more but less 32 than 400 grams of a substance containing cocaine, or 33 an analog thereof; 34 (C) not less than 12 years and not more than HB0126 Engrossed -4- LRB9201348ARsb 1 50 years with respect to 400 grams or more but less 2 than 900 grams of a substance containing cocaine, or 3 an analog thereof; 4 (D) not less than 15 years and not more than 5 60 years with respect to 900 grams or more of any 6 substance containing cocaine, or an analog thereof; 7 (3) (A) not less than 6 years and not more than 30 8 years with respect to 15 grams or more but less than 9 100 grams of a substance containing morphine, or an 10 analog thereof; 11 (B) not less than 9 years and not more than 40 12 years with respect to 100 grams or more but less 13 than 400 grams of a substance containing morphine, 14 or an analog thereof; 15 (C) not less than 12 years and not more than 16 50 years with respect to 400 grams or more but less 17 than 900 grams of a substance containing morphine, 18 or an analog thereof; 19 (D) not less than 15 years and not more than 20 60 years with respect to 900 grams or more of a 21 substance containing morphine, or an analog thereof; 22 (4) 200 grams or more of any substance containing 23 peyote, or an analog thereof; 24 (5) 200 grams or more of any substance containing a 25 derivative of barbituric acid or any of the salts of a 26 derivative of barbituric acid, or an analog thereof; 27 (6) 200 grams or more of any substance containing 28 amphetamine or any salt of an optical isomer of 29 amphetamine, or an analog thereof; 30 (6.5) (A) not less than 6 years and not more than 31 30 years with respect to 15 grams or more but less 32 than 100 grams of a substance containing 33 methamphetamine or any salt of an optical isomer of 34 methamphetamine, or an analog thereof; HB0126 Engrossed -5- LRB9201348ARsb 1 (B) not less than 9 years and not more than 40 2 years with respect to 100 grams or more but less 3 than 400 grams of a substance containing 4 methamphetamine or any salt of an optical isomer of 5 methamphetamine, or an analog thereof; 6 (C) not less than 12 years and not more than 7 50 years with respect to 400 grams or more but less 8 than 900 grams of a substance containing 9 methamphetamine or any salt of an optical isomer of 10 methamphetamine, or an analog thereof; 11 (D) not less than 15 years and not more than 12 60 years with respect to 900 grams or more of any 13 substance containing methamphetamine or any salt of 14 an optical isomer of methamphetamine, or an analog 15 thereof. 16 (6.6) (A) not less than 6 years and not more than 17 30 years for the possession of any methamphetamine 18 manufacturing chemical set forth in paragraph (z-1) 19 of Section 102 with intent to manufacture 30 grams 20 or more but less than 150 grams of any substance 21 containing methamphetamine, or salt of any optical 22 isomer of methamphetamine, or an analog thereof; 23 (B) not less than 6 years and not more than 40 24 years for the possession of any methamphetamine 25 manufacturing chemical set forth in paragraph (z-1) 26 of Section 102 with intent to manufacture 150 grams 27 or more but less than 500 grams of any substance 28 containing methamphetamine, or salt of an optical 29 isomer of methamphetamine, or an analog thereof; 30 (C) not less than 6 years and not more than 50 31 years for the possession of any methamphetamine 32 manufacturing chemical set forth in paragraph (z-1) 33 of Section 102 with intent to manufacture 500 grams 34 or more but less than 1200 grams of any substance HB0126 Engrossed -6- LRB9201348ARsb 1 containing methamphetamine, or salt of an optical 2 isomer of methamphetamine, or an analog thereof; 3 (D) not less than 6 years and not more than 60 4 years for the possession of any methamphetamine 5 manufacturing chemical set forth in paragraph (z-1) 6 of Section 102 with intent to manufacture 1200 grams 7 or more of any substance containing methamphetamine, 8 or salt of an optical isomer of methamphetamine, or 9 an analog 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 HB0126 Engrossed -7- LRB9201348ARsb 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 (7.5) (A) not less than 6 years and not more than 30 16 years with respect to: (i) 15 grams or more but less 17 than 100 grams of a substance listed in paragraph 18 (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), 19 (21), (25), or (26) of subsection (d) of Section 20 204, or an analog or derivative thereof, or (ii) 15 21 or more pills, tablets, caplets, capsules, or 22 objects but less than 200 pills, tablets, caplets, 23 capsules, or objects containing in them or having 24 upon them any amounts of any substance listed in 25 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 26 (20.1), (21), (25), or (26) of subsection (d) of 27 Section 204, or an analog or derivative thereof; 28 (B) not less than 9 years and not more than 40 29 years with respect to: (i) 100 grams or more but 30 less than 400 grams of a substance listed in 31 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 32 (20.1), (21), (25), or (26) of subsection (d) of 33 Section 204, or an analog or derivative thereof, or 34 (ii) 200 or more pills, tablets, caplets, capsules, HB0126 Engrossed -8- LRB9201348ARsb 1 or objects but less than 600 pills, tablets, 2 caplets, capsules, or objects containing in them or 3 having upon them any amount of any substance listed 4 in paragraph (1), (2), (2.1), (3), (14.1), (19), 5 (20), (20.1), (21), (25), or (26) of subsection (d) 6 of Section 204, or an analog or derivative thereof; 7 (C) not less than 12 years and not more than 50 8 years with respect to: (i) 400 grams or more but 9 less than 900 grams of a substance listed in 10 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 11 (20.1), (21), (25), or (26) of subsection (d) of 12 Section 204, or an analog or derivative thereof, or 13 (ii) 600 or more pills, tablets, caplets, capsules, 14 or objects but less than 1,500 pills, tablets, 15 caplets, capsules, or objects containing in them or 16 having upon them any amount of any substance listed 17 in paragraph (1), (2), (2.1), (3), (14.1), (19), 18 (20), (20.1), (21), (25), or (26) of subsection (d) 19 of Section 204, or an analog or derivative thereof; 20 (D) not less than 15 years and not more than 60 21 years with respect to: (i) 900 grams or more of any 22 substance listed in paragraph (1), (2), (2.1), (3), 23 (14.1), (19), (20), (20.1), (21), (25), or (26) of 24 subsection (d) of Section 204, or an analog or 25 derivative thereof, or (ii) 1,500 or more pills, 26 tablets, caplets, capsules, or objects containing in 27 them or having upon them any amount of a substance 28 listed in paragraph (1), (2), (2.1), (3), (14.1), 29 (19), (20), (20.1), (21), (25), or (26) of 30 subsection (d) of Section 204, or an analog or 31 derivative thereof; 32 (8) 30 grams or more of any substance containing 33 pentazocine or any of the salts, isomers and salts of 34 isomers of pentazocine, or an analog thereof; HB0126 Engrossed -9- LRB9201348ARsb 1 (9) 30 grams or more of any substance containing 2 methaqualone or any of the salts, isomers and salts of 3 isomers of methaqualone, or an analog thereof; 4 (10) 30 grams or more of any substance 5 containing phencyclidine or any of the salts, isomers 6 and salts of isomers of phencyclidine (PCP), or an 7 analog thereof; 8 (10.5) 30 grams or more of any substance containing 9 ketamine or any of the salts, isomers and salts of 10 isomers of ketamine, or an analog thereof; 11 (11) 200 grams or more of any substance containing 12 any other controlled substance classified in Schedules I 13 or II, or an analog thereof, which is not otherwise 14 included in this subsection. 15 (b) Any person sentenced with respect to violations of 16 paragraph (1), (2), (3), (6.5), (6.6),or(7), or (7.5) of 17 subsection (a) involving 100 grams or more of the controlled 18 substance named therein, may in addition to the penalties 19 provided therein, be fined an amount not more than $500,000 20 or the full street value of the controlled or counterfeit 21 substance or controlled substance analog, whichever is 22 greater. The term "street value" shall have the meaning 23 ascribed in Section 110-5 of the Code of Criminal Procedure 24 of 1963. Any person sentenced with respect to any other 25 provision of subsection (a), may in addition to the penalties 26 provided therein, be fined an amount not to exceed $500,000. 27 (c) Any person who violates this Section with regard to 28 the following amounts of controlled or counterfeit substances 29 or controlled substance analogs, notwithstanding any of the 30 provisions of subsections (a), (b), (d), (e), (f), (g) or (h) 31 to the contrary, is guilty of a Class 1 felony. The fine for 32 violation of this subsection (c) shall not be more than 33 $250,000: 34 (1) 10 or more grams but less than 15 grams of any HB0126 Engrossed -10- LRB9201348ARsb 1 substance containing heroin, or an analog thereof; 2 (2) 1 gram or more but less than 15 grams of any 3 substance containing cocaine, or an analog thereof; 4 (3) 10 grams or more but less than 15 grams of any 5 substance containing morphine, or an analog thereof; 6 (4) 50 grams or more but less than 200 grams of any 7 substance containing peyote, or an analog thereof; 8 (5) 50 grams or more but less than 200 grams of any 9 substance containing a derivative of barbituric acid or 10 any of the salts of a derivative of barbituric acid, or 11 an analog thereof; 12 (6) 50 grams or more but less than 200 grams of any 13 substance containing amphetamine or any salt of an 14 optical isomer of amphetamine, or an analog thereof; 15 (6.5) 5 grams or more but less than 15 grams of any 16 substance containing methamphetamine or any salt or 17 optical isomer of methamphetamine, or an analog thereof; 18 (7) (i) 5 grams or more but less than 15 grams of 19 any substance containing lysergic acid diethylamide 20 (LSD), or an analog thereof, or (ii) more than 10 objects 21 or more than 10 segregated parts of an object or objects 22 but less than 15 objects or less than 15 segregated parts 23 of an object containing in them or having upon them any 24 amount of any substance containing lysergic acid 25 diethylamide (LSD), or an analog thereof; 26 (7.5) (i) 5 grams or more but less than 15 grams of 27 any substance listed in paragraph (1), (2), (2.1), (3), 28 (14.1), (19), (20), (20.1), (21), (25), or (26) of 29 subsection (d) of Section 204, or an analog or derivative 30 thereof, or (ii) more than 10 pills, tablets, caplets, 31 capsules, or objects but less than 15 pills, tablets, 32 caplets, capsules, or objects containing in them or 33 having upon them any amount of any substance listed in 34 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), HB0126 Engrossed -11- LRB9201348ARsb 1 (20.1), (21), (25), or (26) of subsection (d) of Section 2 204, or an analog or derivative thereof; 3 (8) 10 grams or more but less than 30 grams of any 4 substance containing pentazocine or any of the salts, 5 isomers and salts of isomers of pentazocine, or an analog 6 thereof; 7 (9) 10 grams or more but less than 30 grams of any 8 substance containing methaqualone or any of the salts, 9 isomers and salts of isomers of methaqualone, or an 10 analog thereof; 11 (10) 10 grams or more but less than 30 grams of any 12 substance containing phencyclidine or any of the salts, 13 isomers and salts of isomers of phencyclidine (PCP), or 14 an analog thereof; 15 (10.5) 10 grams or more but less than 30 grams of 16 any substance containing ketamine or any of the salts, 17 isomers and salts of isomers of ketamine, or an analog 18 thereof; 19 (11) 50 grams or more but less than 200 grams of 20 any substance containing a substance classified in 21 Schedules I or II, or an analog thereof, which is not 22 otherwise included in this subsection. 23 (c-5) Any person who violates this Section with regard 24 to possession of any methamphetamine manufacturing chemical 25 set forth in paragraph (z-1) of Section 102 with intent to 26 manufacture 15 grams or more but less than 30 grams of 27 methamphetamine, or salt of an optical isomer of 28 methamphetamine or any analog thereof, is guilty of a Class 1 29 felony. The fine for violation of this subsection (c-5) 30 shall not be more than $250,000. 31 (d) Any person who violates this Section with regard to 32 any other amount of a controlled or counterfeit substance 33 classified in Schedules I or II, or an analog thereof, which 34 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) HB0126 Engrossed -12- LRB9201348ARsb 1 or an analog thereof, or (iii) any substance containing 2 amphetamine or methamphetamine or any salt or optical isomer 3 of amphetamine or methamphetamine, or an analog thereof, is 4 guilty of a Class 2 felony. The fine for violation of this 5 subsection (d) shall not be more than $200,000. 6 (d-5) Any person who violates this Section with regard 7 to possession of any methamphetamine manufacturing chemical 8 set forth in paragraph (z-1) of Section 102 with intent to 9 manufacture less than 15 grams of methamphetamine, or salt of 10 an optical isomer of methamphetamine or any analog thereof, 11 is guilty of a Class 2 felony. The fine for violation of 12 this subsection (d-5) shall not be more than $200,000. 13 (e) Any person who violates this Section with regard to 14 any other amount of a controlled or counterfeit substance 15 classified in Schedule I or II, or an analog thereof, which 16 substance is not included under subsection (d) of this 17 Section, is guilty of a Class 3 felony. The fine for 18 violation of this subsection (e) shall not be more than 19 $150,000. 20 (f) Any person who violates this Section with regard to 21 any other amount of a controlled or counterfeit substance 22 classified in Schedule III is guilty of a Class 3 felony. The 23 fine for violation of this subsection (f) shall not be more 24 than $125,000. 25 (g) Any person who violates this Section with regard to 26 any other amount of a controlled or counterfeit substance 27 classified in Schedule IV is guilty of a Class 3 felony. The 28 fine for violation of this subsection (g) shall not be more 29 than $100,000. 30 (h) Any person who violates this Section with regard to 31 any other amount of a controlled or counterfeit substance 32 classified in Schedule V is guilty of a Class 3 felony. The 33 fine for violation of this subsection (h) shall not be more 34 than $75,000. HB0126 Engrossed -13- LRB9201348ARsb 1 (i) This Section does not apply to the manufacture, 2 possession or distribution of a substance in conformance with 3 the provisions of an approved new drug application or an 4 exemption for investigational use within the meaning of 5 Section 505 of the Federal Food, Drug and Cosmetic Act. 6 (Source: P.A. 90-382, eff. 8-15-97; 90-593, eff. 6-19-98; 7 90-674, eff. 1-1-99; 91-336, eff. 1-1-00; 91-357, eff. 8 7-29-99; 91-403, eff. 1-1-00; revised 8-30-99.) 9 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402) 10 Sec. 402. Except as otherwise authorized by this Act, it 11 is unlawful for any person knowingly to possess a controlled 12 or counterfeit substance. A violation of this Act with 13 respect to each of the controlled substances listed herein 14 constitutes a single and separate violation of this Act. 15 (a) Any person who violates this Section with respect to 16 the following controlled or counterfeit substances and 17 amounts, notwithstanding any of the provisions of subsections 18 (c) and (d) to the contrary, is guilty of a Class 1 felony 19 and shall, if sentenced to a term of imprisonment, be 20 sentenced as provided in this subsection (a) and fined as 21 provided in subsection (b): 22 (1) (A) not less than 4 years and not more than 15 23 years with respect to 15 grams or more but less than 24 100 grams of a substance containing heroin; 25 (B) not less than 6 years and not more than 30 26 years with respect to 100 grams or more but less 27 than 400 grams of a substance containing heroin; 28 (C) not less than 8 years and not more than 40 29 years with respect to 400 grams or more but less 30 than 900 grams of any substance containing heroin; 31 (D) not less than 10 years and not more than 32 50 years with respect to 900 grams or more of any 33 substance containing heroin; HB0126 Engrossed -14- LRB9201348ARsb 1 (2) (A) not less than 4 years and not more than 15 2 years with respect to 15 grams or more but less than 3 100 grams of any substance containing cocaine; 4 (B) not less than 6 years and not more than 30 5 years with respect to 100 grams or more but less 6 than 400 grams of any substance containing cocaine; 7 (C) not less than 8 years and not more than 40 8 years with respect to 400 grams or more but less 9 than 900 grams of any substance containing cocaine; 10 (D) not less than 10 years and not more than 11 50 years with respect to 900 grams or more of any 12 substance containing cocaine; 13 (3) (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 any substance containing morphine; 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 any substance containing morphine; 19 (C) not less than 6 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 morphine; 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 morphine; 25 (4) 200 grams or more of any substance containing 26 peyote; 27 (5) 200 grams or more of any substance containing a 28 derivative of barbituric acid or any of the salts of a 29 derivative of barbituric acid; 30 (6) 200 grams or more of any substance containing 31 amphetamine or any salt of an optical isomer of 32 amphetamine; 33 (6.5) (A) not less than 4 years and not more than 34 15 years with respect to 15 grams or more but less HB0126 Engrossed -15- LRB9201348ARsb 1 than 100 grams of a substance containing 2 methamphetamine or any salt of an optical isomer of 3 methamphetamine; 4 (B) not less than 6 years and not more than 30 5 years with respect to 100 grams or more but less 6 than 400 grams of a substance containing 7 methamphetamine or any salt of an optical isomer of 8 methamphetamine; 9 (C) not less than 8 years and not more than 40 10 years with respect to 400 grams or more but less 11 than 900 grams of a substance containing 12 methamphetamine or any salt of an optical isomer of 13 methamphetamine; 14 (D) not less than 10 years and not more than 15 50 years with respect to 900 grams or more of any 16 substance containing methamphetamine or any salt of 17 an optical isomer of methamphetamine; 18 (7) (A) not less than 4 years and not more than 15 19 years with respect to: (i) 15 grams or more but less 20 than 100 grams of any substance containing lysergic 21 acid diethylamide (LSD), or an analog thereof, or 22 (ii) 15 or more objects or 15 or more segregated 23 parts of an object or objects but less than 200 24 objects or 200 segregated parts of an object or 25 objects containing in them or having upon them any 26 amount of any substance containing lysergic acid 27 diethylamide (LSD), or an analog thereof; 28 (B) not less than 6 years and not more than 30 29 years with respect to: (i) 100 grams or more but 30 less than 400 grams of any substance containing 31 lysergic acid diethylamide (LSD), or an analog 32 thereof, or (ii) 200 or more objects or 200 or more 33 segregated parts of an object or objects but less 34 than 600 objects or less than 600 segregated parts HB0126 Engrossed -16- LRB9201348ARsb 1 of an object or objects containing in them or having 2 upon them any amount of any substance containing 3 lysergic acid diethylamide (LSD), or an analog 4 thereof; 5 (C) not less than 8 years and not more than 40 6 years with respect to: (i) 400 grams or more but 7 less than 900 grams of any substance containing 8 lysergic acid diethylamide (LSD), or an analog 9 thereof, or (ii) 600 or more objects or 600 or more 10 segregated parts of an object or objects but less 11 than 1500 objects or 1500 segregated parts of an 12 object or objects containing in them or having upon 13 them any amount of any substance containing lysergic 14 acid diethylamide (LSD), or an analog thereof; 15 (D) not less than 10 years and not more than 16 50 years with respect to: (i) 900 grams or more of 17 any substance containing lysergic acid diethylamide 18 (LSD), or an analog thereof, or (ii) 1500 or more 19 objects or 1500 or more segregated parts of an 20 object or objects containing in them or having upon 21 them any amount of a substance containing lysergic 22 acid diethylamide (LSD), or an analog thereof; 23 (7.5) (A) not less than 4 years and not more than 15 24 years with respect to: (i) 15 grams or more but less 25 than 100 grams of any substance listed in paragraph 26 (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), 27 (21), (25), or (26) of subsection (d) of Section 28 204, or an analog or derivative thereof, or (ii) 15 29 or more pills, tablets, caplets, capsules, or 30 objects but less than 200 pills, tablets, caplets, 31 capsules, or objects containing in them or having 32 upon them any amount of any substance listed in 33 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 34 (20.1), (21), (25), or (26) of subsection (d) of HB0126 Engrossed -17- LRB9201348ARsb 1 Section 204, or an analog or derivative thereof; 2 (B) not less than 6 years and not more than 30 3 years with respect to: (i) 100 grams or more but 4 less than 400 grams of any substance listed in 5 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 6 (20.1), (21), (25), or (26) of subsection (d) of 7 Section 204, or an analog or derivative thereof, or 8 (ii) 200 or more pills, tablets, caplets, capsules, 9 or objects but less than 600 pills, tablets, 10 caplets, capsules, or objects containing in them or 11 having upon them any amount of any substance listed 12 in paragraph (1), (2), (2.1), (3), (14.1), (19), 13 (20), (20.1), (21), (25), or (26) of subsection (d) 14 of Section 204, or an analog or derivative thereof; 15 (C) not less than 8 years and not more than 40 16 years with respect to: (i) 400 grams or more but 17 less than 900 grams of any substance listed in 18 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 19 (20.1), (21), (25), or (26) of subsection (d) of 20 Section 204, or an analog or derivative thereof, or 21 (ii) 600 or more pills, tablets, caplets, capsules, 22 or objects but less than 1,500 pills, tablets, 23 caplets, capsules, or objects containing in them or 24 having upon them any amount of any substance listed 25 in paragraph (1), (2), (2.1), (3), (14.1), (19), 26 (20), (20.1), (21), (25), or (26) of subsection (d) 27 of Section 204, or an analog or derivative thereof; 28 (D) not less than 10 years and not more than 50 29 years with respect to: (i) 900 grams or more of any 30 substance listed in paragraph (1), (2), (2.1), (3), 31 (14.1), (19), (20), (20.1), (21), (25), or (26) of 32 subsection (d) of Section 204, or an analog or 33 derivative thereof, or (ii) 1,500 or more pills, 34 tablets, caplets, capsules, or objects containing in HB0126 Engrossed -18- LRB9201348ARsb 1 them or having upon them any amount of a substance 2 listed in paragraph (1), (2), (2.1), (3), (14.1), 3 (19), (20), (20.1), (21), (25), or (26) of 4 subsection (d) of Section 204, or an analog or 5 derivative thereof; 6 (8) 30 grams or more of any substance containing 7 pentazocine or any of the salts, isomers and salts of 8 isomers of pentazocine, or an analog thereof; 9 (9) 30 grams or more of any substance containing 10 methaqualone or any of the salts, isomers and salts of 11 isomers of methaqualone; 12 (10) 30 grams or more of any substance containing 13 phencyclidine or any of the salts, isomers and salts of 14 isomers of phencyclidine (PCP); 15 (10.5) 30 grams or more of any substance containing 16 ketamine or any of the salts, isomers and salts of 17 isomers of ketamine; 18 (11) 200 grams or more of any substance containing 19 any substance classified as a narcotic drug in Schedules 20 I or II which is not otherwise included in this 21 subsection. 22 (b) Any person sentenced with respect to violations of 23 paragraph (1), (2), (3), (6.5),or(7), or (7.5) of 24 subsection (a) involving 100 grams or more of the controlled 25 substance named therein, may in addition to the penalties 26 provided therein, be fined an amount not to exceed $200,000 27 or the full street value of the controlled or counterfeit 28 substances, whichever is greater. The term "street value" 29 shall have the meaning ascribed in Section 110-5 of the Code 30 of Criminal Procedure of 1963. Any person sentenced with 31 respect to any other provision of subsection (a), may in 32 addition to the penalties provided therein, be fined an 33 amount not to exceed $200,000. 34 (c) Any person who violates this Section with regard to HB0126 Engrossed -19- LRB9201348ARsb 1 an amount of a controlled or counterfeit substance not set 2 forth in subsection (a) or (d) is guilty of a Class 4 felony. 3 The fine for a violation punishable under this subsection (c) 4 shall not be more than $25,000. 5 (d) Any person who violates this Section with regard to 6 any amount of anabolic steroid is guilty of a Class C 7 misdemeanor for the first offense and a Class B misdemeanor 8 for a subsequent offense committed within 2 years of a prior 9 conviction. 10 (Source: P.A. 90-382, eff. 8-15-97; 90-593, eff. 6-19-98; 11 90-655, eff. 7-30-98; 90-674, eff. 1-1-99; 91-336, eff. 12 1-1-00; 91-357, eff. 7-29-99.)