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Public Act 094-0800
Public Act 0800 94TH GENERAL ASSEMBLY
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Public Act 094-0800 |
HB4300 Enrolled |
LRB094 12962 RLC 47811 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Controlled Substances Act is | amended by changing Sections 201 and 206 and by adding Section | 218 as follows:
| (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
| Sec. 201. (a) The Department shall carry out the provisions | of
this Article. The Department or its successor agency
may add | substances
to or delete or reschedule all controlled substances | in the Schedules of
Sections 204, 206, 208, 210 and 212 of this | Act. In making a determination
regarding the addition,
| deletion, or rescheduling of a substance, the Department
shall | consider
the following:
| (1) the actual or relative potential for abuse;
| (2) the scientific evidence of its pharmacological | effect, if known;
| (3) the state of current scientific knowledge | regarding the
substance;
| (4) the history and current pattern of abuse;
| (5) the scope, duration, and significance of abuse;
| (6) the risk to the public health;
| (7) the potential of the substance to produce | psychological or
physiological dependence;
| (8) whether the substance is an immediate precursor of | a substance
already controlled under this Article;
| (9) the immediate harmful effect in terms of | potentially fatal
dosage; and
| (10) the long-range effects in terms of permanent | health impairment.
| (b) (Blank).
| (c) (Blank).
|
| (d) If any substance is scheduled, rescheduled, or
deleted | as a
controlled substance under Federal law and notice thereof | is given to
the Department, the Department shall
similarly | control the substance
under this Act after the expiration of 30 | days from publication in the
Federal Register of a final order | scheduling a substance as
a
controlled substance or | rescheduling or deleting a substance, unless
within that 30 day | period the Department objects, or
a party adversely
affected | files with the Department substantial written objections
| objecting to inclusion, rescheduling, or deletion. In that | case, the
Department shall publish the reasons for objection or | the substantial
written objections and afford all interested | parties an opportunity to
be heard. At the conclusion of the | hearing, the Department shall
publish its decision, by means of | a rule, which shall be final unless
altered by statute. Upon | publication of objections by the Department, similar control
| under this Act whether by inclusion, rescheduling or deletion | is stayed
until the Department publishes its ruling.
| (e) The Department shall by rule exclude any non-narcotic
| substances
from a schedule if such substance may, under the | Federal Food, Drug, and
Cosmetic Act, be lawfully sold over the | counter without a prescription.
| (f) The sale, delivery, distribution, and possession of a | drug product containing dextromethorphan shall be in | accordance with Section 218 of this Act.
Dextromethorphan shall | not be deemed to be included in any
schedule by reason of | enactment of this title unless controlled after
the date of | such enactment pursuant to the foregoing provisions of this
| section .
| (g) Authority to control under this section does not extend | to
distilled spirits, wine, malt beverages, or tobacco as those | terms are
defined or used in the Liquor Control Act and the | Tobacco Products Tax
Act.
| (h) Persons registered with the Drug Enforcement | Administration to manufacture or distribute controlled | substances shall maintain adequate security and provide |
| effective controls and procedures to guard against theft and | diversion, but shall not otherwise be required to meet the | physical security control requirements (such as cage or vault) | for Schedule V controlled substances containing | pseudoephedrine or Schedule II controlled substances | containing dextromethorphan.
| (Source: P.A. 91-714, eff. 6-2-00.)
| (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
| Sec. 206. (a) The controlled substances listed in this | Section are
included in Schedule II.
| (b) Unless specifically excepted or unless listed in | another
schedule, any of the following substances whether | produced directly or
indirectly by extraction from substances | of vegetable origin, or
independently by means of chemical | synthesis, or by combination of
extraction and chemical | synthesis:
| (1) Opium and opiates, and any salt, compound, | derivative or
preparation of opium or opiate, excluding | apomorphine, dextrorphan,
levopropoxyphene,
nalbuphine, | nalmefene, naloxone, and naltrexone, and their respective
| salts, but including the following:
| (i) Raw Opium;
| (ii) Opium extracts;
| (iii) Opium fluid extracts;
| (iv) Powdered opium;
| (v) Granulated opium;
| (vi) Tincture of opium;
| (vii) Codeine;
| (viii) Ethylmorphine;
| (ix) Etorphine Hydrochloride;
| (x) Hydrocodone;
| (xi) Hydromorphone;
| (xii) Metopon;
| (xiii) Morphine;
| (xiv) Oxycodone;
|
| (xv) Oxymorphone;
| (xvi) Thebaine;
| (xvii) Thebaine-derived butorphanol.
| (xviii) Dextromethorphan subject to Section 218 of | this Act.
| (2) Any salt, compound, isomer, derivative or | preparation thereof
which is chemically equivalent or | identical with any of the substances
referred to in | subparagraph (1), but not including the isoquinoline
| alkaloids of opium;
| (3) Opium poppy and poppy straw;
| (4) Coca leaves and any salt, compound, isomer, salt of | an isomer,
derivative, or preparation of coca leaves | including cocaine or ecgonine,
and any salt, compound, | isomer, derivative, or preparation thereof which is
| chemically equivalent or identical with any of these | substances, but not
including decocainized coca leaves or | extractions of coca leaves which do
not contain cocaine or | ecgonine (for the purpose of this paragraph, the
term | "isomer" includes optical, positional and geometric | isomers);
| (5) Concentrate of poppy straw (the crude extract of | poppy straw in
either liquid, solid or powder form which | contains the phenanthrine
alkaloids of the opium poppy).
| (c) Unless specifically excepted or unless listed in | another
schedule any of the following opiates, including their | isomers, esters,
ethers, salts, and salts of isomers, whenever | the existence of these
isomers, esters, ethers and salts is | possible within the specific
chemical designation, dextrorphan | excepted:
| (1) Alfentanil;
| (1.1) Carfentanil;
| (2) Alphaprodine;
| (3) Anileridine;
| (4) Bezitramide;
| (5) Bulk Dextropropoxyphene (non-dosage forms);
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| (6) Dihydrocodeine;
| (7) Diphenoxylate;
| (8) Fentanyl;
| (9) Sufentanil;
| (9.5) Remifentanil;
| (10) Isomethadone;
| (11) Levomethorphan;
| (12) Levorphanol (Levorphan);
| (13) Metazocine;
| (14) Methadone;
| (15) Methadone-Intermediate,
| 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
| (16) Moramide-Intermediate,
| 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
| acid;
| (17) Pethidine (meperidine);
| (18) Pethidine-Intermediate-A,
| 4-cyano-1-methyl-4-phenylpiperidine;
| (19) Pethidine-Intermediate-B,
| ethyl-4-phenylpiperidine-4-carboxylate;
| (20) Pethidine-Intermediate-C,
| 1-methyl-4-phenylpiperidine-4-carboxylic acid;
| (21) Phenazocine;
| (22) Piminodine;
| (23) Racemethorphan;
| (24) Racemorphan;
| (25) Levo-alphacetylmethadol (some other names:
| levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM).
| (d) 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:
| (1) Amphetamine, its salts, optical isomers, and salts | of its
optical isomers;
| (2) Methamphetamine, its salts, isomers, and salts of |
| its isomers;
| (3) Phenmetrazine and its salts;
| (4) Methylphenidate.
| (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) Amobarbital;
| (2) Secobarbital;
| (3) Pentobarbital;
| (4) Pentazocine;
| (5) Phencyclidine;
| (6) Gluthethimide;
| (7) (Blank).
| (f) Unless specifically excepted or unless listed in | another schedule,
any material, compound, mixture, or | preparation which contains any quantity
of the following | substances:
| (1) Immediate precursor to amphetamine and | methamphetamine:
| (i) Phenylacetone
| Some trade or other names: phenyl-2-propanone;
| P2P; benzyl methyl ketone; methyl benzyl ketone.
| (2) Immediate precursors to phencyclidine:
| (i) l-phenylcyclohexylamine;
| (ii) l-piperidinocyclohexanecarbonitrile (PCC).
| (3) Nabilone.
| (Source: P.A. 91-714, eff. 6-2-00.)
| (720 ILCS 570/218 new) | Sec. 218. Dextromethorphan. | (a) A drug product containing dextromethorphan may not be | sold, delivered, distributed, or possessed except in |
| accordance with the prescription requirements of Sections 309, | 312, and 313 of this Act. | (b) Possession of a drug product containing | dextromethorphan in violation of this Section is a Class 4 | felony. The sale, delivery, distribution, or possession with | intent to sell, deliver, or distribute a drug product | containing dextromethorphan in violation of this Section is a | Class 2 felony. | (c) This Section does not apply to a drug product | containing dextromethorphan that is sold in solid, tablet, | liquid, capsule, powder, thin film, or gel form and which is | formulated, packaged, and sold in dosages and concentrations | for use as an over-the-counter drug product. For the purposes | of this Section, "over-the-counter drug product" means a drug | that is available to consumers without a prescription and sold | in compliance with the safety and labeling standards as set | forth by the United States Food and Drug Administration.
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Effective Date: 1/1/2007
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