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Public Act 099-0371 |
SB1129 Enrolled | LRB099 05307 MRW 25342 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is |
amended by changing Sections 102, 204, 401, and 402 as follows: |
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
Sec. 102. Definitions. As used in this Act, unless the |
context
otherwise requires:
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(a) "Addict" means any person who habitually uses any drug, |
chemical,
substance or dangerous drug other than alcohol so as |
to endanger the public
morals, health, safety or welfare or who |
is so far addicted to the use of a
dangerous drug or controlled |
substance other than alcohol as to have lost
the power of self |
control with reference to his or her addiction.
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(b) "Administer" means the direct application of a |
controlled
substance, whether by injection, inhalation, |
ingestion, or any other
means, to the body of a patient, |
research subject, or animal (as
defined by the Humane |
Euthanasia in Animal Shelters Act) by:
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(1) a practitioner (or, in his or her presence, by his |
or her authorized agent),
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(2) the patient or research subject pursuant to an |
order, or
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(3) a euthanasia technician as defined by the Humane |
Euthanasia in
Animal Shelters Act.
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(c) "Agent" means an authorized person who acts on behalf |
of or at
the direction of a manufacturer, distributor, |
dispenser, prescriber, or practitioner. It does not
include a |
common or contract carrier, public warehouseman or employee of
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the carrier or warehouseman.
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(c-1) "Anabolic Steroids" means any drug or hormonal |
substance,
chemically and pharmacologically related to |
testosterone (other than
estrogens, progestins, |
corticosteroids, and dehydroepiandrosterone),
and includes:
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(i) 3[beta],17-dihydroxy-5a-androstane, |
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, |
(iii) 5[alpha]-androstan-3,17-dione, |
(iv) 1-androstenediol (3[beta], |
17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
(v) 1-androstenediol (3[alpha], |
17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
(vi) 4-androstenediol |
(3[beta],17[beta]-dihydroxy-androst-4-ene), |
(vii) 5-androstenediol |
(3[beta],17[beta]-dihydroxy-androst-5-ene), |
(viii) 1-androstenedione |
([5alpha]-androst-1-en-3,17-dione), |
(ix) 4-androstenedione |
(androst-4-en-3,17-dione), |
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(x) 5-androstenedione |
(androst-5-en-3,17-dione), |
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- |
hydroxyandrost-4-en-3-one), |
(xii) boldenone (17[beta]-hydroxyandrost- |
1,4,-diene-3-one), |
(xiii) boldione (androsta-1,4- |
diene-3,17-dione), |
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17 |
[beta]-hydroxyandrost-4-en-3-one), |
(xv) clostebol (4-chloro-17[beta]- |
hydroxyandrost-4-en-3-one), |
(xvi) dehydrochloromethyltestosterone (4-chloro- |
17[beta]-hydroxy-17[alpha]-methyl- |
androst-1,4-dien-3-one), |
(xvii) desoxymethyltestosterone |
(17[alpha]-methyl-5[alpha] |
-androst-2-en-17[beta]-ol)(a.k.a., madol), |
(xviii) [delta]1-dihydrotestosterone (a.k.a. |
'1-testosterone') (17[beta]-hydroxy- |
5[alpha]-androst-1-en-3-one), |
(xix) 4-dihydrotestosterone (17[beta]-hydroxy- |
androstan-3-one), |
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- |
5[alpha]-androstan-3-one), |
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
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hydroxyestr-4-ene), |
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- |
1[beta],17[beta]-dihydroxyandrost-4-en-3-one), |
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], |
17[beta]-dihydroxyandrost-1,4-dien-3-one), |
(xxiv) furazabol (17[alpha]-methyl-17[beta]- |
hydroxyandrostano[2,3-c]-furazan), |
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) |
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- |
androst-4-en-3-one), |
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- |
dihydroxy-estr-4-en-3-one), |
(xxviii) mestanolone (17[alpha]-methyl-17[beta]- |
hydroxy-5-androstan-3-one), |
(xxix) mesterolone (1amethyl-17[beta]-hydroxy- |
[5a]-androstan-3-one), |
(xxx) methandienone (17[alpha]-methyl-17[beta]- |
hydroxyandrost-1,4-dien-3-one), |
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- |
dihydroxyandrost-5-ene), |
(xxxii) methenolone (1-methyl-17[beta]-hydroxy- |
5[alpha]-androst-1-en-3-one), |
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- |
dihydroxy-5a-androstane), |
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy |
-5a-androstane), |
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(xxxv) 17[alpha]-methyl-3[beta],17[beta]- |
dihydroxyandrost-4-ene), |
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- |
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), |
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- |
hydroxyestra-4,9(10)-dien-3-one), |
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- |
hydroxyestra-4,9-11-trien-3-one), |
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- |
hydroxyandrost-4-en-3-one), |
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- |
hydroxyestr-4-en-3-one), |
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone |
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- |
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- |
1-testosterone'), |
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), |
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- |
dihydroxyestr-4-ene), |
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- |
dihydroxyestr-4-ene), |
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- |
dihydroxyestr-5-ene), |
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- |
dihydroxyestr-5-ene), |
(xlvii) 19-nor-4,9(10)-androstadienedione |
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(estra-4,9(10)-diene-3,17-dione), |
(xlviii) 19-nor-4-androstenedione (estr-4- |
en-3,17-dione), |
(xlix) 19-nor-5-androstenedione (estr-5- |
en-3,17-dione), |
(l) norbolethone (13[beta], 17a-diethyl-17[beta]- |
hydroxygon-4-en-3-one), |
(li) norclostebol (4-chloro-17[beta]- |
hydroxyestr-4-en-3-one), |
(lii) norethandrolone (17[alpha]-ethyl-17[beta]- |
hydroxyestr-4-en-3-one), |
(liii) normethandrolone (17[alpha]-methyl-17[beta]- |
hydroxyestr-4-en-3-one), |
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- |
2-oxa-5[alpha]-androstan-3-one), |
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]- |
dihydroxyandrost-4-en-3-one), |
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- |
17[beta]-hydroxy-(5[alpha]-androstan-3-one), |
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- |
(5[alpha]-androst-2-eno[3,2-c]-pyrazole), |
(lviii) stenbolone (17[beta]-hydroxy-2-methyl- |
(5[alpha]-androst-1-en-3-one), |
(lix) testolactone (13-hydroxy-3-oxo-13,17- |
secoandrosta-1,4-dien-17-oic |
acid lactone), |
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(lx) testosterone (17[beta]-hydroxyandrost- |
4-en-3-one), |
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]- |
diethyl-17[beta]-hydroxygon- |
4,9,11-trien-3-one), |
(lxii) trenbolone (17[beta]-hydroxyestr-4,9, |
11-trien-3-one).
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Any person who is otherwise lawfully in possession of an |
anabolic
steroid, or who otherwise lawfully manufactures, |
distributes, dispenses,
delivers, or possesses with intent to |
deliver an anabolic steroid, which
anabolic steroid is |
expressly intended for and lawfully allowed to be
administered |
through implants to livestock or other nonhuman species, and
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which is approved by the Secretary of Health and Human Services |
for such
administration, and which the person intends to |
administer or have
administered through such implants, shall |
not be considered to be in
unauthorized possession or to |
unlawfully manufacture, distribute, dispense,
deliver, or |
possess with intent to deliver such anabolic steroid for
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purposes of this Act.
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(d) "Administration" means the Drug Enforcement |
Administration,
United States Department of Justice, or its |
successor agency.
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(d-5) "Clinical Director, Prescription Monitoring Program" |
means a Department of Human Services administrative employee |
licensed to either prescribe or dispense controlled substances |
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who shall run the clinical aspects of the Department of Human |
Services Prescription Monitoring Program and its Prescription |
Information Library. |
(d-10) "Compounding" means the preparation and mixing of |
components, excluding flavorings, (1) as the result of a |
prescriber's prescription drug order or initiative based on the |
prescriber-patient-pharmacist relationship in the course of |
professional practice or (2) for the purpose of, or incident |
to, research, teaching, or chemical analysis and not for sale |
or dispensing. "Compounding" includes the preparation of drugs |
or devices in anticipation of receiving prescription drug |
orders based on routine, regularly observed dispensing |
patterns. Commercially available products may be compounded |
for dispensing to individual patients only if both of the |
following conditions are met: (i) the commercial product is not |
reasonably available from normal distribution channels in a |
timely manner to meet the patient's needs and (ii) the |
prescribing practitioner has requested that the drug be |
compounded. |
(e) "Control" means to add a drug or other substance, or |
immediate
precursor, to a Schedule whether by
transfer from |
another Schedule or otherwise.
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(f) "Controlled Substance" means (i) a drug, substance, or |
immediate
precursor , or synthetic drug in the Schedules of |
Article II of this Act or (ii) a drug or other substance, or |
immediate precursor, designated as a controlled substance by |
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the Department through administrative rule. The term does not |
include distilled spirits, wine, malt beverages, or tobacco, as |
those terms are
defined or used in the Liquor Control Act of |
1934 and the Tobacco Products Tax
Act of 1995.
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(f-5) "Controlled substance analog" means a substance: |
(1) the chemical structure of which is substantially |
similar to the chemical structure of a controlled substance |
in Schedule I or II; |
(2) which has a stimulant, depressant, or |
hallucinogenic effect on the central nervous system that is |
substantially similar to or greater than the stimulant, |
depressant, or hallucinogenic effect on the central |
nervous system of a controlled substance in Schedule I or |
II; or |
(3) with respect to a particular person, which such |
person represents or intends to have a stimulant, |
depressant, or hallucinogenic effect on the central |
nervous system that is substantially similar to or greater |
than the stimulant, depressant, or hallucinogenic effect |
on the central nervous system of a controlled substance in |
Schedule I or II. |
(g) "Counterfeit substance" means a controlled substance, |
which, or
the container or labeling of which, without |
authorization bears the
trademark, trade name, or other |
identifying mark, imprint, number or
device, or any likeness |
thereof, of a manufacturer, distributor, or
dispenser other |
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than the person who in fact manufactured, distributed,
or |
dispensed the substance.
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(h) "Deliver" or "delivery" means the actual, constructive |
or
attempted transfer of possession of a controlled substance, |
with or
without consideration, whether or not there is an |
agency relationship.
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(i) "Department" means the Illinois Department of Human |
Services (as
successor to the Department of Alcoholism and |
Substance Abuse) or its successor agency.
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(j) (Blank).
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(k) "Department of Corrections" means the Department of |
Corrections
of the State of Illinois or its successor agency.
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(l) "Department of Financial and Professional Regulation" |
means the Department
of Financial and Professional Regulation |
of the State of Illinois or its successor agency.
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(m) "Depressant" means any drug that (i) causes an overall |
depression of central nervous system functions, (ii) causes |
impaired consciousness and awareness, and (iii) can be |
habit-forming or lead to a substance abuse problem, including |
but not limited to alcohol, cannabis and its active principles |
and their analogs, benzodiazepines and their analogs, |
barbiturates and their analogs, opioids (natural and |
synthetic) and their analogs, and chloral hydrate and similar |
sedative hypnotics.
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(n) (Blank).
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(o) "Director" means the Director of the Illinois State |
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Police or his or her designated agents.
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(p) "Dispense" means to deliver a controlled substance to |
an
ultimate user or research subject by or pursuant to the |
lawful order of
a prescriber, including the prescribing, |
administering, packaging,
labeling, or compounding necessary |
to prepare the substance for that
delivery.
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(q) "Dispenser" means a practitioner who dispenses.
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(r) "Distribute" means to deliver, other than by |
administering or
dispensing, a controlled substance.
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(s) "Distributor" means a person who distributes.
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(t) "Drug" means (1) substances recognized as drugs in the |
official
United States Pharmacopoeia, Official Homeopathic |
Pharmacopoeia of the
United States, or official National |
Formulary, or any supplement to any
of them; (2) substances |
intended for use in diagnosis, cure, mitigation,
treatment, or |
prevention of disease in man or animals; (3) substances
(other |
than food) intended to affect the structure of any function of
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the body of man or animals and (4) substances intended for use |
as a
component of any article specified in clause (1), (2), or |
(3) of this
subsection. It does not include devices or their |
components, parts, or
accessories.
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(t-5) "Euthanasia agency" means
an entity certified by the |
Department of Financial and Professional Regulation for the
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purpose of animal euthanasia that holds an animal control |
facility license or
animal
shelter license under the Animal |
Welfare Act. A euthanasia agency is
authorized to purchase, |
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store, possess, and utilize Schedule II nonnarcotic and
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Schedule III nonnarcotic drugs for the sole purpose of animal |
euthanasia.
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(t-10) "Euthanasia drugs" means Schedule II or Schedule III |
substances
(nonnarcotic controlled substances) that are used |
by a euthanasia agency for
the purpose of animal euthanasia.
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(u) "Good faith" means the prescribing or dispensing of a |
controlled
substance by a practitioner in the regular course of |
professional
treatment to or for any person who is under his or |
her treatment for a
pathology or condition other than that |
individual's physical or
psychological dependence upon or |
addiction to a controlled substance,
except as provided herein: |
and application of the term to a pharmacist
shall mean the |
dispensing of a controlled substance pursuant to the
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prescriber's order which in the professional judgment of the |
pharmacist
is lawful. The pharmacist shall be guided by |
accepted professional
standards including, but not limited to |
the following, in making the
judgment:
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(1) lack of consistency of prescriber-patient |
relationship,
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(2) frequency of prescriptions for same drug by one |
prescriber for
large numbers of patients,
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(3) quantities beyond those normally prescribed,
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(4) unusual dosages (recognizing that there may be |
clinical circumstances where more or less than the usual |
dose may be used legitimately),
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(5) unusual geographic distances between patient, |
pharmacist and
prescriber,
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(6) consistent prescribing of habit-forming drugs.
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(u-0.5) "Hallucinogen" means a drug that causes markedly |
altered sensory perception leading to hallucinations of any |
type. |
(u-1) "Home infusion services" means services provided by a |
pharmacy in
compounding solutions for direct administration to |
a patient in a private
residence, long-term care facility, or |
hospice setting by means of parenteral,
intravenous, |
intramuscular, subcutaneous, or intraspinal infusion.
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(u-5) "Illinois State Police" means the State
Police of the |
State of Illinois, or its successor agency. |
(v) "Immediate precursor" means a substance:
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(1) which the Department has found to be and by rule |
designated as
being a principal compound used, or produced |
primarily for use, in the
manufacture of a controlled |
substance;
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(2) which is an immediate chemical intermediary used or |
likely to
be used in the manufacture of such controlled |
substance; and
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(3) the control of which is necessary to prevent, |
curtail or limit
the manufacture of such controlled |
substance.
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(w) "Instructional activities" means the acts of teaching, |
educating
or instructing by practitioners using controlled |
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substances within
educational facilities approved by the State |
Board of Education or
its successor agency.
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(x) "Local authorities" means a duly organized State, |
County or
Municipal peace unit or police force.
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(y) "Look-alike substance" means a substance, other than a |
controlled
substance which (1) by overall dosage unit |
appearance, including shape,
color, size, markings or lack |
thereof, taste, consistency, or any other
identifying physical |
characteristic of the substance, would lead a reasonable
person |
to believe that the substance is a controlled substance, or (2) |
is
expressly or impliedly represented to be a controlled |
substance or is
distributed under circumstances which would |
lead a reasonable person to
believe that the substance is a |
controlled substance. For the purpose of
determining whether |
the representations made or the circumstances of the
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distribution would lead a reasonable person to believe the |
substance to be
a controlled substance under this clause (2) of |
subsection (y), the court or
other authority may consider the |
following factors in addition to any other
factor that may be |
relevant:
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(a) statements made by the owner or person in control |
of the substance
concerning its nature, use or effect;
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(b) statements made to the buyer or recipient that the |
substance may
be resold for profit;
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(c) whether the substance is packaged in a manner |
normally used for the
illegal distribution of controlled |
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substances;
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(d) whether the distribution or attempted distribution |
included an
exchange of or demand for money or other |
property as consideration, and
whether the amount of the |
consideration was substantially greater than the
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reasonable retail market value of the substance.
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Clause (1) of this subsection (y) shall not apply to a |
noncontrolled
substance in its finished dosage form that was |
initially introduced into
commerce prior to the initial |
introduction into commerce of a controlled
substance in its |
finished dosage form which it may substantially resemble.
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Nothing in this subsection (y) prohibits the dispensing or |
distributing
of noncontrolled substances by persons authorized |
to dispense and
distribute controlled substances under this |
Act, provided that such action
would be deemed to be carried |
out in good faith under subsection (u) if the
substances |
involved were controlled substances.
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Nothing in this subsection (y) or in this Act prohibits the |
manufacture,
preparation, propagation, compounding, |
processing, packaging, advertising
or distribution of a drug or |
drugs by any person registered pursuant to
Section 510 of the |
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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(y-1) "Mail-order pharmacy" means a pharmacy that is |
located in a state
of the United States that delivers, |
dispenses or
distributes, through the United States Postal |
Service or other common
carrier, to Illinois residents, any |
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substance which requires a prescription.
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(z) "Manufacture" means the production, preparation, |
propagation,
compounding, conversion or processing of a |
controlled substance other than methamphetamine, either
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directly or indirectly, by extraction from substances of |
natural origin,
or independently by means of chemical |
synthesis, or by a combination of
extraction and chemical |
synthesis, and includes any packaging or
repackaging of the |
substance or labeling of its container, except that
this term |
does not include:
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(1) by an ultimate user, the preparation or compounding |
of a
controlled substance for his or her own use; or
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(2) by a practitioner, or his or her authorized agent |
under his or her
supervision, the preparation, |
compounding, packaging, or labeling of a
controlled |
substance:
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(a) as an incident to his or her administering or |
dispensing of a
controlled substance in the course of |
his or her professional practice; or
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(b) as an incident to lawful research, teaching or |
chemical
analysis and not for sale.
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(z-1) (Blank).
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(z-5) "Medication shopping" means the conduct prohibited |
under subsection (a) of Section 314.5 of this Act. |
(z-10) "Mid-level practitioner" means (i) a physician |
assistant who has been delegated authority to prescribe through |
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a written delegation of authority by a physician licensed to |
practice medicine in all of its branches, in accordance with |
Section 7.5 of the Physician Assistant Practice Act of 1987, |
(ii) an advanced practice nurse who has been delegated |
authority to prescribe through a written delegation of |
authority by a physician licensed to practice medicine in all |
of its branches or by a podiatric physician, in accordance with |
Section 65-40 of the Nurse Practice Act, (iii) an animal |
euthanasia agency, or (iv) a prescribing psychologist. |
(aa) "Narcotic drug" means any of the following, whether |
produced
directly or indirectly by extraction from substances |
of vegetable origin,
or independently by means of chemical |
synthesis, or by a combination of
extraction and chemical |
synthesis:
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(1) opium, opiates, derivatives of opium and opiates, |
including their isomers, esters, ethers, salts, and salts |
of isomers, esters, and ethers, whenever the existence of |
such isomers, esters, ethers, and salts is possible within |
the specific chemical designation; however the term |
"narcotic drug" does not include the isoquinoline |
alkaloids of opium;
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(2) (blank);
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(3) opium poppy and poppy straw;
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(4) coca leaves, except coca leaves and extracts of |
coca leaves from which substantially all of the cocaine and |
ecgonine, and their isomers, derivatives and salts, have |
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been removed;
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(5) cocaine, its salts, optical and geometric isomers, |
and salts of isomers; |
(6) ecgonine, its derivatives, their salts, isomers, |
and salts of isomers; |
(7) any compound, mixture, or preparation which |
contains any quantity of any of the substances referred to |
in subparagraphs (1) through (6). |
(bb) "Nurse" means a registered nurse licensed under the
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Nurse Practice Act.
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(cc) (Blank).
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(dd) "Opiate" means any substance having an addiction |
forming or
addiction sustaining liability similar to morphine |
or being capable of
conversion into a drug having addiction |
forming or addiction sustaining
liability.
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(ee) "Opium poppy" means the plant of the species Papaver
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somniferum L., except its seeds.
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(ee-5) "Oral dosage" means a tablet, capsule, elixir, or |
solution or other liquid form of medication intended for |
administration by mouth, but the term does not include a form |
of medication intended for buccal, sublingual, or transmucosal |
administration. |
(ff) "Parole and Pardon Board" means the Parole and Pardon |
Board of
the State of Illinois or its successor agency.
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(gg) "Person" means any individual, corporation, |
mail-order pharmacy,
government or governmental subdivision or |
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agency, business trust, estate,
trust, partnership or |
association, or any other entity.
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(hh) "Pharmacist" means any person who holds a license or |
certificate of
registration as a registered pharmacist, a local |
registered pharmacist
or a registered assistant pharmacist |
under the Pharmacy Practice Act.
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(ii) "Pharmacy" means any store, ship or other place in |
which
pharmacy is authorized to be practiced under the Pharmacy |
Practice Act.
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(ii-5) "Pharmacy shopping" means the conduct prohibited |
under subsection (b) of Section 314.5 of this Act. |
(ii-10) "Physician" (except when the context otherwise |
requires) means a person licensed to practice medicine in all |
of its branches. |
(jj) "Poppy straw" means all parts, except the seeds, of |
the opium
poppy, after mowing.
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(kk) "Practitioner" means a physician licensed to practice |
medicine in all
its branches, dentist, optometrist, podiatric |
physician,
veterinarian, scientific investigator, pharmacist, |
physician assistant,
advanced practice nurse,
licensed |
practical
nurse, registered nurse, hospital, laboratory, or |
pharmacy, or other
person licensed, registered, or otherwise |
lawfully permitted by the
United States or this State to |
distribute, dispense, conduct research
with respect to, |
administer or use in teaching or chemical analysis, a
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controlled substance in the course of professional practice or |
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research.
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(ll) "Pre-printed prescription" means a written |
prescription upon which
the designated drug has been indicated |
prior to the time of issuance; the term does not mean a written |
prescription that is individually generated by machine or |
computer in the prescriber's office.
|
(mm) "Prescriber" means a physician licensed to practice |
medicine in all
its branches, dentist, optometrist, |
prescribing psychologist licensed under Section 4.2 of the |
Clinical Psychologist Licensing Act with prescriptive |
authority delegated under Section 4.3 of the Clinical |
Psychologist Licensing Act, podiatric physician, or
|
veterinarian who issues a prescription, a physician assistant |
who
issues a
prescription for a controlled substance
in |
accordance
with Section 303.05, a written delegation, and a |
written supervision agreement required under Section 7.5
of the
|
Physician Assistant Practice Act of 1987, or an advanced |
practice
nurse with prescriptive authority delegated under |
Section 65-40 of the Nurse Practice Act and in accordance with |
Section 303.05, a written delegation,
and a written
|
collaborative agreement under Section 65-35 of the Nurse |
Practice Act.
|
(nn) "Prescription" means a written, facsimile, or oral |
order, or an electronic order that complies with applicable |
federal requirements,
of
a physician licensed to practice |
medicine in all its branches,
dentist, podiatric physician or |
|
veterinarian for any controlled
substance, of an optometrist |
for a Schedule II, III, IV, or V controlled substance in |
accordance with Section 15.1 of the Illinois Optometric |
Practice Act of 1987, of a prescribing psychologist licensed |
under Section 4.2 of the Clinical Psychologist Licensing Act |
with prescriptive authority delegated under Section 4.3 of the |
Clinical Psychologist Licensing Act, of a physician assistant |
for a
controlled substance
in accordance with Section 303.05, a |
written delegation, and a written supervision agreement |
required under
Section 7.5 of the
Physician Assistant Practice |
Act of 1987, or of an advanced practice
nurse with prescriptive |
authority delegated under Section 65-40 of the Nurse Practice |
Act who issues a prescription for a
controlled substance in |
accordance
with
Section 303.05, a written delegation, and a |
written collaborative agreement under Section 65-35 of the |
Nurse Practice Act when required by law.
|
(nn-5) "Prescription Information Library" (PIL) means an |
electronic library that contains reported controlled substance |
data. |
(nn-10) "Prescription Monitoring Program" (PMP) means the |
entity that collects, tracks, and stores reported data on |
controlled substances and select drugs pursuant to Section 316. |
(oo) "Production" or "produce" means manufacture, |
planting,
cultivating, growing, or harvesting of a controlled |
substance other than methamphetamine.
|
(pp) "Registrant" means every person who is required to |
|
register
under Section 302 of this Act.
|
(qq) "Registry number" means the number assigned to each |
person
authorized to handle controlled substances under the |
laws of the United
States and of this State.
|
(qq-5) "Secretary" means, as the context requires, either |
the Secretary of the Department or the Secretary of the |
Department of Financial and Professional Regulation, and the |
Secretary's designated agents. |
(rr) "State" includes the State of Illinois and any state, |
district,
commonwealth, territory, insular possession thereof, |
and any area
subject to the legal authority of the United |
States of America.
|
(rr-5) "Stimulant" means any drug that (i) causes an |
overall excitation of central nervous system functions, (ii) |
causes impaired consciousness and awareness, and (iii) can be |
habit-forming or lead to a substance abuse problem, including |
but not limited to amphetamines and their analogs, |
methylphenidate and its analogs, cocaine, and phencyclidine |
and its analogs. |
(ss) "Ultimate user" means a person who lawfully possesses |
a
controlled substance for his or her own use or for the use of |
a member of his or her
household or for administering to an |
animal owned by him or her or by a member
of his or her |
household.
|
(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, |
eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; |
|
revised 10-1-14.)
|
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204) |
Sec. 204. (a) The controlled substances listed in this |
Section are
included in Schedule I. |
(b) Unless specifically excepted or unless listed in |
another
schedule, any of the following opiates, including their |
isomers,
esters, ethers, salts, and salts of isomers, esters, |
and ethers,
whenever the existence of such isomers, esters, |
ethers and salts is
possible within the specific chemical |
designation: |
(1) Acetylmethadol; |
(1.1) Acetyl-alpha-methylfentanyl |
(N-[1-(1-methyl-2-phenethyl)-
|
4-piperidinyl]-N-phenylacetamide); |
(2) Allylprodine; |
(3) Alphacetylmethadol, except
|
levo-alphacetylmethadol (also known as levo-alpha-
|
acetylmethadol, levomethadyl acetate, or LAAM); |
(4) Alphameprodine; |
(5) Alphamethadol; |
(6) Alpha-methylfentanyl
|
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
|
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
|
propanilido) piperidine; |
(6.1) Alpha-methylthiofentanyl
|
|
(44) Propiram; |
(45) Racemoramide; |
(45.1) Thiofentanyl
|
(N-phenyl-N-[1-(2-thienyl)ethyl-
|
4-piperidinyl]-propanamide); |
(46) Tilidine; |
(47) Trimeperidine; |
(48) Beta-hydroxy-3-methylfentanyl (other name:
|
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
|
N-phenylpropanamide). |
(c) Unless specifically excepted or unless listed in |
another
schedule, any of the following opium derivatives, its |
salts, isomers
and salts of isomers, whenever the existence of |
such salts, isomers and
salts of isomers is possible within the |
specific chemical designation: |
(1) Acetorphine; |
(2) Acetyldihydrocodeine; |
(3) Benzylmorphine; |
(4) Codeine methylbromide; |
(5) Codeine-N-Oxide; |
(6) Cyprenorphine; |
(7) Desomorphine; |
(8) Diacetyldihydromorphine (Dihydroheroin); |
(9) Dihydromorphine; |
(10) Drotebanol; |
(11) Etorphine (except hydrochloride salt); |
|
(12) Heroin; |
(13) Hydromorphinol; |
(14) Methyldesorphine; |
(15) Methyldihydromorphine; |
(16) Morphine methylbromide; |
(17) Morphine methylsulfonate; |
(18) Morphine-N-Oxide; |
(19) Myrophine; |
(20) Nicocodeine; |
(21) Nicomorphine; |
(22) Normorphine; |
(23) Pholcodine; |
(24) Thebacon. |
(d) Unless specifically excepted or unless listed in |
another
schedule, any material, compound, mixture, or |
preparation which contains
any quantity of the following |
hallucinogenic substances, or which
contains any of its salts, |
isomers and salts of isomers, whenever the
existence of such |
salts, isomers, and salts of isomers is possible
within the |
specific chemical designation (for the purposes of this
|
paragraph only, the term "isomer" includes the optical, |
position and
geometric isomers): |
(1) 3,4-methylenedioxyamphetamine
|
(alpha-methyl,3,4-methylenedioxyphenethylamine,
|
methylenedioxyamphetamine, MDA); |
(1.1) Alpha-ethyltryptamine
|
|
(some trade or other names: etryptamine;
|
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
|
3-(2-aminobutyl)indole; a-ET; and AET); |
(2) 3,4-methylenedioxymethamphetamine (MDMA); |
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
|
(also known as: N-ethyl-alpha-methyl-
|
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
|
and MDEA); |
(2.2) N-Benzylpiperazine (BZP); |
(2.2-1) Trifluoromethylphenylpiperazine (TFMPP); |
(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); |
(4) 3,4,5-trimethoxyamphetamine (TMA); |
(5) (Blank); |
(6) Diethyltryptamine (DET); |
(7) Dimethyltryptamine (DMT); |
(7.1) 5-Methoxy-diallyltryptamine; |
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP); |
(9) Ibogaine (some trade and other names:
|
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
|
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
|
indole; Tabernanthe iboga); |
(10) Lysergic acid diethylamide; |
(10.1) Salvinorin A; |
(10.5) Salvia divinorum (meaning all parts of the plant |
presently classified
botanically as Salvia divinorum, |
whether growing or not, the
seeds thereof, any extract from |
|
any part of that plant, and every compound,
manufacture, |
salts, isomers, and salts of
isomers whenever the existence |
of such salts, isomers, and salts of
isomers is possible |
within the specific chemical designation, derivative, |
mixture, or preparation of that plant, its
seeds or |
extracts);
|
(11) 3,4,5-trimethoxyphenethylamine (Mescaline); |
(12) Peyote (meaning all parts of the plant presently |
classified
botanically as Lophophora williamsii
Lemaire, |
whether growing or not, the
seeds thereof, any extract from |
any part of that plant, and every compound,
manufacture, |
salts, derivative, mixture, or preparation of that plant, |
its
seeds or extracts); |
(13) N-ethyl-3-piperidyl benzilate (JB 318); |
(14) N-methyl-3-piperidyl benzilate; |
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
|
(also known as N-hydroxy-alpha-methyl-
|
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA); |
(15) Parahexyl; some trade or other names:
|
3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
|
dibenzo (b,d) pyran; Synhexyl; |
(16) Psilocybin; |
(17) Psilocyn; |
(18) Alpha-methyltryptamine (AMT); |
(19) 2,5-dimethoxyamphetamine
|
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); |
|
(20) 4-bromo-2,5-dimethoxyamphetamine
|
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
|
4-bromo-2,5-DMA); |
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
|
Some trade or other names: 2-(4-bromo-
|
2,5-dimethoxyphenyl)-1-aminoethane;
|
alpha-desmethyl DOB, 2CB, Nexus; |
(21) 4-methoxyamphetamine
|
(4-methoxy-alpha-methylphenethylamine;
|
paramethoxyamphetamine; PMA); |
(22) (Blank); |
(23) Ethylamine analog of phencyclidine.
|
Some trade or other names:
|
N-ethyl-1-phenylcyclohexylamine,
|
(1-phenylcyclohexyl) ethylamine,
|
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE; |
(24) Pyrrolidine analog of phencyclidine. Some trade |
or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, |
PHP; |
(25) 5-methoxy-3,4-methylenedioxy-amphetamine; |
(26) 2,5-dimethoxy-4-ethylamphetamine
|
(another name: DOET); |
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
|
(another name: TCPy); |
(28) (Blank); |
(29) Thiophene analog of phencyclidine (some trade
|
|
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
|
2-thienyl analog of phencyclidine; TPCP; TCP); |
(30) Bufotenine (some trade or other names:
|
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
|
3-(2-dimethylaminoethyl)-5-indolol;
|
5-hydroxy-N,N-dimethyltryptamine;
|
N,N-dimethylserotonin; mappine); |
(31) 1-Pentyl-3-(1-naphthoyl)indole |
Some trade or other names: JWH-018; |
(32) 1-Butyl-3-(1-naphthoyl)indole |
Some trade or other names: JWH-073; |
(33) 1-[(5-fluoropentyl)-1H-indol-3-yl]- |
(2-iodophenyl)methanone |
Some trade or other names: AM-694; |
(34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- |
(2-methyloctan-2-yl)phenol |
Some trade or other names: CP 47,497 |
and its C6, C8 and C9 homologs; |
(34.5) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- |
(2-methyloctan-2-yl)phenol), where side chain n=5; |
and homologues where side chain n=4, 6, or 7; Some |
trade or other names: CP 47,497; |
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- |
(2-methyloctan-2-yl)-6a,7, |
10,10a-tetrahydrobenzo[c]chromen-1-ol |
Some trade or other names: HU-210; |
|
(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6- |
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- |
tetrahydrobenzo[c]chromen-1-ol, its isomers, |
salts, and salts of isomers; Some trade or other |
names: HU-210, Dexanabinol; |
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)- |
6,6-dimethyl-3-(2-methyloctan-2-yl)- |
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol |
Some trade or other names: HU-211; |
(37) (2-methyl-1-propyl-1H-indol- |
3-yl)-1-naphthalenyl-methanone |
Some trade or other names: JWH-015; |
(38) 4-methoxynaphthalen-1-yl- |
(1-pentylindol-3-yl)methanone |
Some trade or other names: JWH-081; |
(39) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole |
Some trade or other names: JWH-122; |
(40) 2-(2-methylphenyl)-1-(1-pentyl- |
1H-indol-3-yl)-ethanone |
Some trade or other names: JWH-251; |
(41) 1-(2-cyclohexylethyl)-3- |
(2-methoxyphenylacetyl)indole |
Some trade or other names: RCS-8, BTW-8 and SR-18; |
(42) Any compound structurally derived from |
3-(1-naphthoyl)indole or 1H-indol-3-yl- |
(1-naphthyl)methane by substitution at the |
|
nitrogen atom of the indole ring by alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl , aryl halide, |
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, |
or 2-(4-morpholinyl)ethyl whether or not further |
substituted in the indole ring to any extent, whether |
or not substituted in the naphthyl ring to any extent . |
Examples of this structural class include, but are |
not limited to, JWH-018, AM-2201, JWH-175, JWH-184, |
and JWH-185 ; |
(43) Any compound structurally derived from |
3-(1-naphthoyl)pyrrole by substitution at the nitrogen |
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, |
cycloalkylmethyl, cycloalkylethyl , aryl halide, alkyl |
aryl halide, 1-(N-methyl-2-piperidinyl)methyl, |
or 2-(4-morpholinyl)ethyl, whether or not further |
substituted in the pyrrole ring to any extent, whether |
or not substituted in the naphthyl ring to any extent . |
Examples of this structural class include, but are not |
limited to, JWH-030, JWH-145, JWH-146, JWH-307, and |
JWH-368 ; |
(44) Any compound structurally derived from |
1-(1-naphthylmethyl)indene by substitution |
at the 3-position of the indene ring by alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl , aryl |
halide, alkyl aryl halide, 1-(N-methyl- |
2-piperidinyl)methyl, or 2-(4- |
|
morpholinyl)ethyl whether or not further substituted in |
the indene ring to any extent, whether or not substituted |
in the naphthyl ring to any extent . Examples of |
this structural class include, but are not |
limited to, JWH-176 ; |
(45) Any compound structurally derived from |
3-phenylacetylindole by substitution at the |
nitrogen atom of the indole ring with alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl , aryl |
halide, alkyl aryl halide, 1-(N-methyl-2- |
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, |
whether or not further substituted in the indole ring |
to any extent, whether or not substituted in the phenyl |
ring to any extent . Examples of this structural |
class include, but are not limited to, JWH-167, |
JWH-250, JWH-251, and RCS-8 ; |
(46) Any compound structurally derived from |
2-(3-hydroxycyclohexyl)phenol by substitution |
at the 5-position of the phenolic ring by alkyl, |
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl , |
aryl halide, alkyl aryl halide, 1-(N-methyl-2- |
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, |
whether or not substituted in the cyclohexyl ring to any |
extent . Examples of this structural class |
include, but are not limited to, CP 47, |
497 and its C8 homologue (cannabicyclohexanol) ; |
|
(46.1) Benzoylindoles: Any compound |
containing a 3-(benzoyl) indole structure with |
substitution at the nitrogen atom of the |
indole ring by an alkyl, haloalkyl, alkenyl, |
cycloalkylmethyl, cycloalkylethyl, |
1-(N-methyl-2-piperidinyl)methyl, |
or 2-(4-morpholinyl)ethyl group |
whether or not further substituted |
in the indole ring to any extent and |
whether or not substituted in the phenyl ring |
to any extent. Examples of this structural class |
include, but are not limited, to AM-630, |
AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4; |
(47) 3,4-Methylenedioxymethcathinone |
Some trade or other names: Methylone; |
(48) 3,4-Methyenedioxypyrovalerone |
Some trade or other names: MDPV; |
(49) 4-Methylmethcathinone |
Some trade or other names: Mephedrone; |
(50) 4-methoxymethcathinone; |
(51) 4-Fluoromethcathinone; |
(52) 3-Fluoromethcathinone; |
(53) 2,5-Dimethoxy-4-(n)-propylthio- |
phenethylamine; |
(54) 5-Methoxy-N,N-diisopropyltryptamine; |
(55) Pentedrone; |
|
(56) 4-iodo-2,5-dimethoxy-N-((2-methoxy |
phenyl)methyl)-benzeneethanamine |
(trade or other name: 25I-NBOMe); |
(57) 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl) |
methyl]-benzeneethanamine (trade or other name: |
25C-NBOMe); |
(58) 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl) |
methyl]-benzeneethanamine (trade or other name: |
25B-NBOMe) ; . |
(59) 3-cyclopropoylindole with |
substitution at the nitrogen atom of the |
indole ring by alkyl, haloalkyl, alkenyl, |
cycloalkylmethyl, cycloalkylethyl, aryl |
halide, alkyl aryl halide, |
1-(N-methyl-2-piperidinyl)methyl, or |
2-(4-morpholinyl)ethyl, whether or not |
further substituted on the indole ring |
to any extent, whether or not substituted |
on the cyclopropyl ring to any extent: |
including but not limited to XLR11, |
UR144, FUB-144; |
(60) 3-adamantoylindole with |
substitution at the nitrogen atom of the |
indole ring by alkyl, haloalkyl, alkenyl, |
cycloalkylmethyl, cycloalkylethyl, |
aryl halide, alkyl aryl halide, |
|
1-(N-methyl-2-piperidinyl)methyl, or |
2-(4-morpholinyl)ethyl, whether or not |
further substituted on the indole ring to |
any extent, whether or not substituted on |
the adamantyl ring to any extent: including |
but not limited to AB-001; |
(61) N-(adamantyl)-indole-3-carboxamide |
with substitution at the nitrogen atom of the |
indole ring by alkyl, haloalkyl, alkenyl, |
cycloalkylmethyl, cycloalkylethyl, aryl halide, |
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, |
or 2-(4-morpholinyl)ethyl, whether or not further |
substituted on the indole ring to any extent, whether |
or not substituted on the adamantyl ring to any |
extent: including but not limited to |
APICA/2NE-1, STS-135; |
(62) N-(adamantyl)-indazole-3-carboxamide |
with substitution at a nitrogen atom of the indazole |
ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, |
cycloalkylethyl, aryl halide, alkyl aryl halide, |
1-(N-methyl-2-piperidinyl)methyl, or |
2-(4-morpholinyl)ethyl, whether or not further |
substituted on the indazole ring to any extent, |
whether or not substituted on the adamantyl |
ring to any extent: including but not limited |
to AKB48, 5F-AKB48; |
|
(63) 1H-indole-3-carboxylic acid 8-quinolinyl |
ester with substitution at the nitrogen atom of the |
indole ring by alkyl, haloalkyl, alkenyl, |
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl |
aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or |
2-(4-morpholinyl)ethyl, whether or not further |
substituted on the indole ring to any extent, |
whether or not substituted on the quinoline ring |
to any extent: including but not limited to PB22, |
5F-PB22, FUB-PB-22; |
(64) 3-(1-naphthoyl)indazole with |
substitution at the nitrogen atom of the |
indazole ring by alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl, |
aryl halide, alkyl aryl halide, |
1-(N-methyl-2-piperidinyl)methyl, or |
2-(4-morpholinyl)ethyl, whether or not further |
substituted on the indazole ring to any extent, |
whether or not substituted on the naphthyl ring |
to any extent: including but not limited to |
THJ-018, THJ-2201; |
(65) 2-(1-naphthoyl)benzimidazole with |
substitution at the nitrogen atom of the benzimidazole |
ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, |
cycloalkylethyl, aryl halide, alkyl aryl halide, |
1-(N-methyl-2-piperidinyl)methyl, or |
|
2-(4-morpholinyl)ethyl, whether or not further |
substituted on the benzimidazole ring to any extent, |
whether or not substituted on the naphthyl ring to |
any extent: including, but not limited to FUBIMINA; |
(66) N-(1-amino-3-methyl-1-oxobutan-2-yl) |
-1H-indazole-3-carboxamide with substitution on the |
nitrogen atom of the indazole ring by alkyl, |
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, |
aryl halide, alkyl aryl halide, 1-(N-methyl-2- |
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, |
whether or not further substituted on the indazole |
ring to any extent: including but not limited to |
AB-PINACA, AB-FUBINACA, AB-CHMINACA; |
(67) N-(1-amino-3,3-dimethyl-1-oxobutan- |
2-yl)-1H-indazole-3-carboxamide with substitution |
on the nitrogen atom of the indazole ring by alkyl, |
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, |
aryl halide, alkyl aryl halide, 1-(N-methyl-2- |
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether |
or not further substituted on the indazole ring to any |
extent: including but not limited to ADB-PINACA, |
ADB-FUBINACA; |
(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)- |
1H-indole-3-carboxamide with substitution on the nitrogen |
atom of the indole ring by alkyl, haloalkyl, alkenyl, |
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl |
|
aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or |
2-(4-morpholinyl)ethyl, whether or not further |
substituted on the indole ring to any extent: |
including but not limited to ADBICA, 5F-ADBICA; |
(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)- |
1H-indole-3-carboxamide with substitution on the |
nitrogen atom of the indole ring by alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl |
halide, alkyl aryl halide, 1-(N-methyl-2- |
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, |
whether or not further substituted on the indole |
ring to any extent: including but not limited |
to ABICA, 5F-ABICA; |
(70) Methyl 2-(1H-indazole-3-carboxamido)- |
3-methylbutanoate with substitution on the nitrogen |
atom of the indazole ring by alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl |
halide, alkyl aryl halide, 1-(N-methyl-2- |
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, |
whether or not further substituted on the indazole |
ring to any extent: including but not limited to AMB, |
5F-AMB. |
(e) Unless specifically excepted or unless listed in |
another
schedule, any material, compound, mixture, or |
preparation which contains
any quantity of the following |
substances having a depressant effect on
the central nervous |
|
system, including its salts, isomers, and salts of
isomers |
whenever the existence of such salts, isomers, and salts of
|
isomers is possible within the specific chemical designation: |
(1) mecloqualone; |
(2) methaqualone; and |
(3) gamma hydroxybutyric acid. |
(f) Unless specifically excepted or unless listed in |
another schedule,
any material, compound, mixture, or |
preparation which contains any quantity
of the following |
substances having a stimulant effect on the central nervous
|
system, including its salts, isomers, and salts of isomers: |
(1) Fenethylline; |
(2) N-ethylamphetamine; |
(3) Aminorex (some other names:
|
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
|
4-5-dihydro-5-phenyl-2-oxazolamine) and its
|
salts, optical isomers, and salts of optical isomers; |
(4) Methcathinone (some other names:
|
2-methylamino-1-phenylpropan-1-one;
|
Ephedrone; 2-(methylamino)-propiophenone;
|
alpha-(methylamino)propiophenone; N-methylcathinone;
|
methycathinone; Monomethylpropion; UR 1431) and its
|
salts, optical isomers, and salts of optical isomers; |
(5) Cathinone (some trade or other names:
|
2-aminopropiophenone; alpha-aminopropiophenone;
|
2-amino-1-phenyl-propanone; norephedrone); |
|
(6) N,N-dimethylamphetamine (also known as:
|
N,N-alpha-trimethyl-benzeneethanamine;
|
N,N-alpha-trimethylphenethylamine); |
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
|
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine); |
(8) 3,4-Methylenedioxypyrovalerone (MDPV). |
(g) Temporary listing of substances subject to emergency |
scheduling.
Any material, compound, mixture, or preparation |
that contains any quantity
of the following substances: |
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
|
(benzylfentanyl), its optical isomers, isomers, salts,
|
and salts of isomers; |
(2) N-[1(2-thienyl)
|
methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
|
its optical isomers, salts, and salts of isomers. |
(h) Synthetic cathinones. Unless specifically excepted, |
any chemical compound not including bupropion, structurally |
derived from 2-aminopropan-1-one by substitution at the |
1-position with either phenyl, naphthyl, or thiophene ring |
systems, whether or not the compound is further modified in one |
or more of the following ways: |
(1) by substitution in the ring system to |
any extent with alkyl, alkylenedioxy, alkoxy, |
haloalkyl, hydroxyl, or halide substituents, whether |
or not further substituted in the ring system |
by one or more other univalent substituents. |
|
Examples of this class include, but are not |
limited to, 3,4-Methylenedioxycathinone |
(bk-MDA); |
(2) by substitution at the 3-position |
with an acyclic alkyl substituent. Examples of |
this class include, but are not limited to, |
2-methylamino-1-phenylbutan-1-one |
(buphedrone); or |
(3) by substitution at the 2-amino nitrogen |
atom with alkyl, dialkyl, benzyl, or methoxybenzyl |
groups, or by inclusion of the 2-amino nitrogen atom |
in a cyclic structure. Examples of this class include, |
but are not limited to, Dimethylcathinone, Ethcathinone, |
and a-Pyrrolidinopropiophenone (a-PPP). |
(Source: P.A. 97-192, eff. 7-22-11; 97-193, eff. 1-1-12; |
97-194, eff. 7-22-11; 97-334, eff. 1-1-12; 97-813, eff. |
7-13-12; 97-872, eff. 7-31-12; 98-987, eff. 1-1-15 .)
|
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
|
Sec. 401. Except as authorized by this Act, it is unlawful |
for any
person knowingly to manufacture or deliver, or possess |
with intent to
manufacture or deliver, a controlled substance |
other than methamphetamine, a counterfeit substance, or a |
controlled
substance analog. A violation of this Act with |
respect to each of the controlled
substances listed herein |
constitutes a single and separate violation of this
Act. For |
|
purposes of this Section, "controlled substance analog" or |
"analog"
means a substance
which is intended for human |
consumption , other than a controlled substance, that has a |
chemical structure substantially similar to that of a |
controlled
substance in Schedule I or II, or that was |
specifically designed to produce
an effect substantially |
similar to that of a controlled substance in Schedule
I or II. |
Examples of chemical classes in which controlled substance |
analogs
are found include, but are not limited to, the |
following: phenethylamines,
N-substituted piperidines, |
morphinans, ecgonines, quinazolinones, substituted
indoles, |
and arylcycloalkylamines. For purposes of this Act, a |
controlled
substance analog shall be treated in the same manner |
as the controlled
substance to which it is substantially |
similar.
|
(a) Any person who violates this Section with respect to |
the following
amounts of controlled or counterfeit substances |
or controlled substance
analogs, notwithstanding any of the |
provisions of subsections (c),
(d), (e), (f), (g) or (h) to the |
contrary, is guilty of a Class X felony
and shall be sentenced |
to a term of imprisonment as provided in this subsection
(a) |
and fined as provided in subsection (b):
|
(1) (A) not less than 6 years and not more than 30 |
years with respect
to 15 grams or more but less than |
100 grams of a substance containing
heroin, or an |
analog thereof;
|
|
(B) not less than 9 years and not more than 40 |
years with respect to 100
grams or more but less than |
400 grams of a substance containing heroin, or
an |
analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect to
400 grams or more but less than |
900 grams of a substance containing heroin,
or an |
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to
900 grams or more of any |
substance containing heroin, or an analog thereof;
|
(1.5) (A) not less than 6 years and not more than 30 |
years with respect to 15 grams or more but less than |
100 grams of a substance containing fentanyl, or an |
analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to 100 grams or more but less than |
400 grams of a substance containing fentanyl, or an |
analog thereof; |
(C) not less than 12 years and not more than 50 |
years with respect to 400 grams or more but less than |
900 grams of a substance containing fentanyl, or an |
analog thereof; |
(D) not less than 15 years and not more than 60 |
years with respect to 900 grams or more of a substance |
containing fentanyl, or an analog thereof;
|
|
(2) (A) not less than 6 years and not more than 30 |
years with respect
to 15 grams or more but less than |
100 grams of a substance containing
cocaine, or an |
analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to 100
grams or more but less than |
400 grams of a substance containing cocaine, or
an |
analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect to
400 grams or more but less than |
900 grams of a substance containing cocaine,
or an |
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to
900 grams or more of any |
substance containing cocaine, or an analog thereof;
|
(3) (A) not less than 6 years and not more than 30 |
years with respect
to 15 grams or more but less than |
100 grams of a substance containing
morphine, or an |
analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to
100 grams or more but less than |
400 grams of a substance containing morphine,
or an |
analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect to
400 grams or more but less than |
900 grams of a substance containing
morphine, or an |
|
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to
900 grams or more of a substance |
containing morphine, or an analog thereof;
|
(4) 200 grams or more of any substance containing |
peyote, or an
analog thereof;
|
(5) 200 grams or more of any substance containing a |
derivative of
barbituric acid or any of the salts of a |
derivative of barbituric acid, or
an analog thereof;
|
(6) 200 grams or more of any substance containing |
amphetamine
or any salt of an optical isomer of |
amphetamine,
or an analog thereof;
|
(6.5) (blank);
|
(6.6) (blank);
|
(7) (A) not less than 6 years and not more than 30 |
years with respect
to: (i) 15 grams or more but less |
than 100 grams of a substance containing
lysergic acid |
diethylamide (LSD), or an analog thereof, or (ii) 15 or
|
more objects or 15 or more segregated parts of an |
object or objects but
less than 200 objects or 200 |
segregated parts of an object or objects
containing in |
them or having upon them any amounts of any substance
|
containing lysergic acid diethylamide (LSD), or an |
analog thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect
to: (i) 100 grams or more but less |
|
than 400 grams of a substance containing
lysergic acid |
diethylamide (LSD), or an analog thereof, or (ii) 200 |
or more
objects or 200 or more segregated parts of an |
object or objects but less
than 600 objects or less |
than 600 segregated parts of an object or objects
|
containing in them or having upon them any amount of |
any substance
containing lysergic acid diethylamide |
(LSD), or an analog thereof;
|
(C) not less than 12 years and not more than 50 |
years with respect
to: (i) 400 grams or more but less |
than 900 grams of a substance containing
lysergic acid |
diethylamide (LSD), or an analog thereof, or (ii) 600 |
or more
objects or 600 or more segregated parts of an |
object or objects but less
than 1500 objects or 1500 |
segregated parts of an object or objects
containing in |
them or having upon them any amount of any substance
|
containing lysergic acid diethylamide (LSD), or an |
analog thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect
to: (i) 900 grams or more of any |
substance containing lysergic acid
diethylamide (LSD), |
or an analog thereof, or (ii) 1500 or more objects or
|
1500 or more segregated parts of an object or objects |
containing in them or
having upon them any amount of a |
substance containing lysergic acid
diethylamide (LSD), |
or an analog thereof;
|
|
(7.5) (A) not less than 6 years and not more than 30 |
years with respect
to:
(i) 15
grams or more but less |
than 100 grams of a substance listed in paragraph (1),
|
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), |
(21), (25), or (26) of subsection
(d) of Section 204, |
or an analog or derivative thereof, or (ii) 15 or more
|
pills, tablets, caplets, capsules, or objects but less |
than 200 pills, tablets,
caplets, capsules, or objects |
containing in them or having upon them any
amounts of |
any substance listed in paragraph (1), (2), (2.1), |
(2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or |
(26) of subsection (d) of Section 204, or
an analog or |
derivative thereof;
|
(B) not less than 9 years and not more than 40 |
years with respect to:
(i) 100 grams or more but less |
than 400 grams of a substance listed in
paragraph (1), |
(2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), |
(21), (25), or (26) of subsection (d) of Section 204, |
or an analog or
derivative thereof, or (ii) 200 or more |
pills, tablets, caplets, capsules, or
objects but less |
than 600 pills, tablets, caplets, capsules, or objects
|
containing in them or having upon them any amount of |
any substance listed in
paragraph (1), (2), (2.1), |
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
(26)
of subsection (d) of Section 204, or an analog or |
derivative thereof;
|
|
(C) not less than 12 years and not more than 50 |
years with respect to:
(i) 400 grams or more but less |
than 900 grams of a substance listed in
paragraph (1), |
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), |
(21), (25), or (26)
of subsection (d) of Section 204, |
or an analog or derivative thereof,
or (ii) 600 or more |
pills, tablets, caplets, capsules, or objects but less |
than
1,500 pills, tablets, caplets, capsules, or |
objects
containing in them or having upon them any |
amount of any substance listed in
paragraph (1), (2), |
(2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), |
(25), or (26)
of subsection (d) of Section 204, or an |
analog or derivative thereof;
|
(D) not less than 15 years and not more than 60 |
years with respect to:
(i) 900 grams or more of any |
substance listed in paragraph (1), (2), (2.1),
(2.2), |
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of |
subsection (d) of
Section 204, or an analog or |
derivative thereof, or (ii) 1,500 or more pills,
|
tablets, caplets, capsules, or objects containing in |
them or having upon them
any amount
of a substance |
listed in paragraph (1), (2), (2.1), (2.2), (3), |
(14.1), (19),
(20), (20.1), (21), (25), or (26)
of |
subsection (d) of Section 204, or an analog or |
derivative thereof;
|
(8) 30 grams or more of any substance containing |
|
pentazocine or any of
the salts, isomers and salts of |
isomers of pentazocine, or an analog thereof;
|
(9) 30 grams or more of any substance containing |
methaqualone or any of
the salts, isomers and salts of |
isomers of methaqualone, or an analog thereof;
|
(10) 30 grams or more of any substance containing |
phencyclidine or any
of the salts, isomers and salts of |
isomers of phencyclidine (PCP),
or an analog thereof;
|
(10.5) 30 grams or more of any substance containing |
ketamine
or any of the salts, isomers and salts of isomers |
of ketamine,
or an analog thereof;
|
(10.6) 100 grams or more of any substance containing |
hydrocodone, or any of the salts, isomers and salts of |
isomers of hydrocodone, or an analog thereof; |
(10.7) 100 grams or more of any substance containing |
dihydrocodeinone, or any of the salts, isomers and salts of |
isomers of dihydrocodeinone, or an analog thereof; |
(10.8) 100 grams or more of any substance containing |
dihydrocodeine, or any of the salts, isomers and salts of |
isomers of dihydrocodeine, or an analog thereof; |
(10.9) 100 grams or more of any substance containing |
oxycodone, or any of the salts, isomers and salts of |
isomers of oxycodone, or an analog thereof;
|
(11) 200 grams or more of any substance containing any |
other controlled
substance classified in Schedules I or II, |
or an analog thereof, which is
not otherwise included in |
|
this subsection.
|
(b) Any person sentenced with respect to violations of |
paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
involving
100 grams or
more of the
controlled substance named |
therein, may in addition to the penalties
provided therein, be |
fined an amount not more than $500,000 or the full
street value |
of the controlled or counterfeit substance or controlled |
substance
analog, whichever is greater. The term "street value" |
shall have the
meaning ascribed in Section 110-5 of the Code of |
Criminal Procedure of
1963. Any person sentenced with respect |
to any other provision of
subsection (a), may in addition to |
the penalties provided therein, be fined
an amount not to |
exceed $500,000. |
(b-1) Excluding violations of this Act when the controlled |
substance is fentanyl, any person sentenced to a term of |
imprisonment with respect to violations of Section 401, 401.1, |
405, 405.1, 405.2, or 407, when the substance containing the |
controlled substance contains any amount of fentanyl, 3 years |
shall be added to the term of imprisonment imposed by the |
court, and the maximum sentence for the offense shall be |
increased by 3 years.
|
(c) Any person who violates this Section with regard to the
|
following amounts of controlled or counterfeit substances
or |
controlled substance analogs, notwithstanding any of the |
provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) |
to the
contrary, is guilty of a Class 1 felony. The fine for |
|
violation of this
subsection (c) shall not be more than |
$250,000:
|
(1) 1 gram or more but less than 15 grams of any
|
substance containing heroin, or an analog thereof;
|
(1.5) 1 gram or more but less than 15 grams of any |
substance containing fentanyl, or an analog thereof;
|
(2) 1 gram or more but less than 15
grams of any |
substance containing cocaine, or an analog thereof;
|
(3) 10 grams or more but less than 15 grams of any |
substance
containing morphine, or an analog thereof;
|
(4) 50 grams or more but less than 200 grams of any |
substance
containing peyote, or an analog thereof;
|
(5) 50 grams or more but less than 200 grams of any |
substance
containing a derivative of barbituric acid or any |
of the salts of a
derivative of barbituric acid, or an |
analog thereof;
|
(6) 50 grams or more but less than 200 grams of any |
substance
containing amphetamine or any salt of an optical |
isomer
of amphetamine, or an analog thereof;
|
(6.5) (blank);
|
(7) (i) 5 grams or more but less than 15 grams of any |
substance
containing lysergic acid diethylamide (LSD), or |
an analog thereof,
or (ii)
more than 10 objects or more |
than 10 segregated parts of an object or objects
but less |
than 15 objects or less than 15 segregated parts of an |
object
containing in them or having upon them any amount of |
|
any substance
containing lysergic acid diethylamide (LSD), |
or an analog thereof;
|
(7.5) (i) 5 grams or more but less than 15 grams of any |
substance listed
in paragraph (1), (2), (2.1), (2.2), (3), |
(14.1), (19), (20), (20.1), (21), (25), or
(26) of |
subsection (d) of Section 204, or an analog or derivative |
thereof, or
(ii) more than 10 pills, tablets, caplets, |
capsules, or objects but less than
15 pills, tablets, |
caplets, capsules, or objects containing in them or having
|
upon them any amount of any substance listed in paragraph |
(1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), |
(21), (25), or (26) of subsection (d) of
Section 204, or an |
analog or derivative thereof;
|
(8) 10 grams or more but less than 30 grams of any |
substance
containing pentazocine or any of the salts, |
isomers and salts of isomers of
pentazocine, or an analog |
thereof;
|
(9) 10 grams or more but less than 30 grams of any |
substance
containing methaqualone or any of the salts, |
isomers and salts of isomers
of methaqualone, or an analog |
thereof;
|
(10) 10 grams or more but less than 30 grams of any |
substance
containing phencyclidine or any of the salts, |
isomers and salts of isomers
of phencyclidine (PCP), or an |
analog thereof;
|
(10.5) 10 grams or more but less than 30 grams of any |
|
substance
containing ketamine or any of the salts, isomers |
and salts of
isomers of ketamine, or an analog thereof;
|
(10.6) 50 grams or more but less than 100 grams of any |
substance containing hydrocodone, or any of the salts, |
isomers and salts of isomers of hydrocodone, or an analog |
thereof; |
(10.7) 50 grams or more but less than 100 grams of any |
substance containing dihydrocodeinone, or any of the |
salts, isomers and salts of isomers of dihydrocodeinone, or |
an analog thereof; |
(10.8) 50 grams or more but less than 100 grams of any |
substance containing dihydrocodeine, or any of the salts, |
isomers and salts of isomers of dihydrocodeine, or an |
analog thereof; |
(10.9) 50 grams or more but less than 100 grams of any |
substance containing oxycodone, or any of the salts, |
isomers and salts of isomers of oxycodone, or an analog |
thereof;
|
(11) 50 grams or more but less than 200 grams of any |
substance
containing a substance classified in Schedules I |
or II, or an analog
thereof, which is not otherwise |
included in this subsection.
|
(c-5) (Blank).
|
(d) Any person who violates this Section with regard to any |
other
amount of a controlled or counterfeit substance |
containing dihydrocodeinone or dihydrocodeine or classified in
|
|
Schedules I or II, or an analog thereof, which is (i) a |
narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an |
analog thereof,
(iii) any
substance containing amphetamine or |
fentanyl or any salt or optical
isomer of amphetamine or |
fentanyl, or an analog thereof, or (iv) any
substance |
containing N-Benzylpiperazine (BZP) or any salt or optical
|
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is |
guilty
of a Class 2 felony. The fine for violation of this |
subsection (d) shall
not be more than $200,000.
|
(d-5) (Blank).
|
(e) Any person who violates this Section with regard to any |
other
amount of a controlled substance other than |
methamphetamine or counterfeit substance classified in
|
Schedule I or II, or an analog thereof, which substance is not
|
included under subsection (d) of this Section, is
guilty of a |
Class 3 felony. The fine for violation of this subsection (e)
|
shall not be more than $150,000.
|
(f) Any person who violates this Section with regard to any |
other
amount of a controlled or counterfeit substance |
classified in
Schedule III is guilty of a Class 3 felony. The |
fine for violation of
this subsection (f) shall not be more |
than $125,000.
|
(g) Any person who violates this Section with regard to any |
other
amount of a controlled or counterfeit substance |
classified
in Schedule IV is guilty of a Class 3 felony. The |
fine for violation of
this subsection (g) shall not be more |
|
than $100,000.
|
(h) Any person who violates this Section with regard to any |
other
amount of a controlled or counterfeit substance |
classified in
Schedule V is guilty of a Class 3 felony. The |
fine for violation of this
subsection (h) shall not be more |
than $75,000.
|
(i) This Section does not apply to the manufacture, |
possession or
distribution of a substance in conformance with |
the provisions of an approved
new drug application or an |
exemption for investigational use within the
meaning of Section |
505 of the Federal Food, Drug and Cosmetic Act.
|
(j) (Blank).
|
(Source: P.A. 96-347, eff. 1-1-10; 97-997, eff. 1-1-13.)
|
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
|
Sec. 402. Except as otherwise authorized by this Act, it is |
unlawful for
any person knowingly to possess a controlled or |
counterfeit substance or controlled substance analog.
A |
violation of this Act with respect to each of the controlled |
substances
listed herein constitutes a single and separate |
violation of this Act. For purposes of this Section, |
"controlled substance analog" or "analog"
means a substance
|
which is intended for human consumption , other than a |
controlled substance, that has a chemical structure |
substantially similar to that of a controlled
substance in |
Schedule I or II, or that was specifically designed to produce
|
|
an effect substantially similar to that of a controlled |
substance in Schedule
I or II. Examples of chemical classes in |
which controlled substance analogs
are found include, but are |
not limited to, the following: phenethylamines,
N-substituted |
piperidines, morphinans, ecgonines, quinazolinones, |
substituted
indoles, and arylcycloalkylamines. For purposes of |
this Act, a controlled
substance analog shall be treated in the |
same manner as the controlled
substance to which it is |
substantially similar.
|
(a) Any person who violates this Section with respect to |
the following
controlled or counterfeit substances and |
amounts, notwithstanding any of the
provisions of subsections |
(c) and (d) to the
contrary, is guilty of a Class 1 felony and |
shall, if sentenced to a term
of imprisonment, be sentenced as |
provided in this subsection (a) and fined
as provided in |
subsection (b):
|
(1) (A) not less than 4 years and not more than 15 |
years with respect
to 15 grams or more but less than |
100 grams of a substance containing heroin;
|
(B) not less than 6 years and not more than 30 |
years with respect to 100
grams or more but less than |
400 grams of a substance containing heroin;
|
(C) not less than 8 years and not more than 40 |
years with respect to 400
grams or more but less than |
900 grams of any substance containing heroin;
|
(D) not less than 10 years and not more than 50 |
|
years with respect to
900 grams or more of any |
substance containing heroin;
|
(2) (A) not less than 4 years and not more than 15 |
years with respect
to 15 grams or more but less than |
100 grams of any substance containing
cocaine;
|
(B) not less than 6 years and not more than 30 |
years with respect to 100
grams or more but less than |
400 grams of any substance containing cocaine;
|
(C) not less than 8 years and not more than 40 |
years with respect to 400
grams or more but less than |
900 grams of any substance containing cocaine;
|
(D) not less than 10 years and not more than 50 |
years with respect to
900 grams or more of any |
substance containing cocaine;
|
(3) (A) not less than 4 years and not more than 15 |
years with respect
to 15 grams or more but less than |
100 grams of any substance containing
morphine;
|
(B) not less than 6 years and not more than 30 |
years with respect to 100
grams or more but less than |
400 grams of any substance containing morphine;
|
(C) not less than 6 years and not more than 40 |
years with respect to 400
grams or more but less than |
900 grams of any substance containing morphine;
|
(D) not less than 10 years and not more than 50 |
years with respect to
900 grams or more of any |
substance containing morphine;
|
|
(4) 200 grams or more of any substance containing |
peyote;
|
(5) 200 grams or more of any substance containing a |
derivative of
barbituric acid or any of the salts of a |
derivative of barbituric acid;
|
(6) 200 grams or more of any substance containing |
amphetamine or any salt
of an optical isomer of |
amphetamine;
|
(6.5) (blank);
|
(7) (A) not less than 4 years and not more than 15 |
years with respect
to: (i) 15 grams or more but less |
than 100 grams of any substance containing
lysergic |
acid diethylamide (LSD), or an analog thereof, or (ii) |
15 or
more objects or 15 or more segregated parts of an |
object or objects but
less than 200 objects or 200 |
segregated parts of an object or objects
containing in |
them or having upon them any amount of any substance
|
containing lysergic acid diethylamide (LSD), or an |
analog thereof;
|
(B) not less than 6 years and not more than 30 |
years with respect
to: (i) 100 grams or more but less |
than 400 grams of any substance
containing lysergic |
acid diethylamide (LSD), or an analog thereof, or (ii)
|
200 or more objects or 200 or more segregated parts of |
an object or objects
but less than 600 objects or less |
than 600 segregated parts of an object or
objects |
|
containing in them or having upon them any amount of |
any substance
containing lysergic acid diethylamide |
(LSD), or an analog thereof;
|
(C) not less than 8 years and not more than 40 |
years with respect
to: (i) 400 grams or more but less |
than 900 grams of any substance
containing lysergic |
acid diethylamide (LSD), or an analog thereof, or (ii)
|
600 or more objects or 600 or more segregated parts of |
an object or objects
but less than 1500 objects or 1500 |
segregated parts of an object or objects
containing in |
them or having upon them any amount of any substance
|
containing lysergic acid diethylamide (LSD), or an |
analog thereof;
|
(D) not less than 10 years and not more than 50 |
years with respect
to: (i) 900 grams or more of any |
substance containing lysergic acid
diethylamide (LSD), |
or an analog thereof, or (ii) 1500 or more objects or
|
1500 or more segregated parts of an object or objects |
containing in them or
having upon them any amount of a |
substance containing lysergic acid
diethylamide (LSD), |
or an analog thereof;
|
(7.5) (A) not less than 4 years and not more than 15 |
years with respect
to: (i) 15
grams or more but
less |
than 100 grams of any substance listed in paragraph |
(1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), |
(20.1), (21), (25), or (26) of subsection (d) of |
|
Section 204, or an
analog or derivative
thereof, or |
(ii) 15 or more pills, tablets, caplets, capsules, or |
objects but
less than 200 pills,
tablets, caplets, |
capsules, or objects containing in them or having upon |
them
any amount of any
substance listed in paragraph |
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
(20.1),
(21), (25), or (26) of
subsection (d) of |
Section 204, or an analog or derivative thereof;
|
(B) not less than 6 years and not more than 30 |
years with respect to: (i)
100
grams or more but
less |
than 400 grams of any substance listed in paragraph |
(1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
|
(20.1), (21), (25), or (26) of subsection (d) of |
Section 204, or an analog or
derivative thereof, or
|
(ii) 200 or more pills, tablets, caplets, capsules, or |
objects but less than
600
pills, tablets,
caplets, |
capsules, or objects containing in them or having upon |
them any amount
of any
substance
listed in paragraph |
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
(20.1), (21),
(25), or (26) of subsection
(d) of |
Section 204, or an analog or derivative thereof;
|
(C) not less than 8 years and not more than 40 |
years with respect to: (i)
400
grams or more but
less |
than 900 grams of any substance listed in paragraph |
(1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
|
(20.1), (21), (25), or (26) of subsection (d) of |
|
Section 204, or an analog or
derivative thereof,
or |
(ii) 600 or more pills, tablets, caplets, capsules, or |
objects but less than
1,500 pills, tablets,
caplets, |
capsules, or objects containing in them or having upon |
them any amount
of any
substance listed in paragraph |
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
(20.1),
(21), (25), or (26) of
subsection (d) of |
Section 204, or an analog or derivative thereof;
|
(D) not less than 10 years and not more than 50 |
years with respect to:
(i)
900 grams or more of
any |
substance listed in paragraph (1), (2), (2.1), (2.2), |
(3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of |
subsection (d) of Section 204, or an analog or |
derivative thereof, or (ii)
1,500 or more pills,
|
tablets, caplets, capsules, or objects containing in |
them or having upon them
any amount of a
substance |
listed in paragraph (1), (2), (2.1), (2.2), (3), |
(14.1), (19), (20), (20.1),
(21), (25), or (26) of
|
subsection (d) of Section 204, or an analog or |
derivative thereof;
|
(8) 30 grams or more of any substance containing |
pentazocine or any of
the salts, isomers and salts of |
isomers of pentazocine, or an analog thereof;
|
(9) 30 grams or more of any substance containing |
methaqualone or any
of the salts, isomers and salts of |
isomers of methaqualone;
|
|
(10) 30 grams or more of any substance containing |
phencyclidine or any
of the salts, isomers and salts of |
isomers of phencyclidine (PCP);
|
(10.5) 30 grams or more of any substance containing |
ketamine or any of
the salts, isomers and salts of isomers |
of ketamine;
|
(11) 200 grams or more of any substance containing any |
substance
classified as a narcotic drug in Schedules I or |
II, or an analog thereof, which is not otherwise
included |
in this subsection.
|
(b) Any person sentenced with respect to violations of |
paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
involving 100
grams or more of the
controlled substance named |
therein, may in addition to the penalties
provided therein, be |
fined an amount not to exceed $200,000 or the full
street value |
of the controlled or counterfeit substances, whichever is
|
greater. The term "street value" shall have the meaning
|
ascribed in Section 110-5 of the Code of Criminal Procedure of |
1963. Any
person sentenced with respect to any other provision |
of subsection (a), may
in addition to the penalties provided |
therein, be fined an amount not to
exceed $200,000.
|
(c) Any person who violates this Section with regard to an |
amount
of a controlled substance other than methamphetamine or |
counterfeit substance not set forth in
subsection (a) or (d) is |
guilty of a Class 4 felony. The fine for a
violation punishable |
under this subsection (c) shall not be more
than $25,000.
|