Public Act 93-0596
HB2843 Enrolled LRB093 06698 RLC 06832 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Criminal Code of 1961 is amended by
changing Section 21-1.5 as follows:
(720 ILCS 5/21-1.5)
Sec. 21-1.5. Anhydrous ammonia equipment, containers,
and facilities.
(a) It is unlawful for any person to tamper with
anhydrous ammonia equipment, containers, or storage
facilities.
(b) Tampering with anhydrous ammonia equipment,
containers, or storage facilities occurs when any person who
is not authorized by the owner of the anhydrous ammonia,
anhydrous ammonia equipment, storage containers, or storage
facilities transfers or attempts to transfer anhydrous
ammonia to another container, causes damage to the anhydrous
ammonia equipment, storage container, or storage facility, or
vents or attempts to vent anhydrous ammonia into the
environment.
(b-5) It is unlawful for any person to transport
anhydrous ammonia in a portable container if the container is
not a package authorized for anhydrous ammonia transportation
as defined in rules adopted under the Illinois Hazardous
Materials Transportation Act. For purposes of this
subsection (b-5), an authorized package includes a package
previously authorized under the Illinois Hazardous Materials
Transportation Act.
(b-10) For purposes of this Section:
"Anhydrous ammonia" means the compound defined in
paragraph (d) of Section 3 of the Illinois Fertilizer Act of
1961.
"Anhydrous ammonia equipment", "anhydrous ammonia storage
containers", and "anhydrous ammonia storage facilities" are
defined in rules adopted under the Illinois Fertilizer Act of
1961.
(c) Sentence. A violation of subsection (a) or (b) of
this Section is a Class A misdemeanor. A violation of
subsection (b-5) of this Section is a Class 4 felony.
(Source: P.A. 91-402, eff. 1-1-00; 91-889, eff. 1-1-01;
92-16, eff. 6-28-01.)
Section 5. The Illinois Controlled Substances Act is
amended by changing Section 102 and adding Section 405.3 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:
(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
addiction.
(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 or
research subject by:
(1) a practitioner (or, in his presence, by his
authorized agent), or
(2) the patient or research subject at the lawful
direction of the practitioner.
(c) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor,
or dispenser. It does not include a common or contract
carrier, public warehouseman or employee of the carrier or
warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins, and
corticosteroids) that promotes muscle growth, and includes:
(i) boldenone,
(ii) chlorotestosterone,
(iii) chostebol,
(iv) dehydrochlormethyltestosterone,
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug
or substance described or listed in this paragraph,
if that salt, ester, or isomer promotes muscle
growth.
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 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 purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this
Act whether by transfer from another Schedule or otherwise.
(f) "Controlled Substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of this
Act.
(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 than the person who in fact manufactured,
distributed, or dispensed the substance.
(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.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor
agency.
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the
Department of Professional Regulation of the State of
Illinois or its successor agency.
(m) "Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i)
barbituric acid or any of the salts of barbituric acid
which has been designated as habit forming under section
502 (d) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352 (d)); or
(2) a drug which contains any quantity of (i)
amphetamine or methamphetamine and any of their optical
isomers; (ii) any salt of amphetamine or methamphetamine
or any salt of an optical isomer of amphetamine; or (iii)
any substance which the Department, after investigation,
has found to be, and by rule designated as, habit forming
because of its depressant or stimulant effect on the
central nervous system; or
(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a
substance which the Department, after investigation, has
found to have, and by rule designated as having, a
potential for abuse because of its depressant or
stimulant effect on the central nervous system or its
hallucinogenic effect.
(n) (Blank).
(o) "Director" means the Director of the Department of
State Police or the Department of Professional Regulation or
his designated agents.
(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.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(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 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.
(t-5) "Euthanasia agency" means an entity certified by
the Department of Professional Regulation for the 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, store,
possess, and utilize Schedule II nonnarcotic and Schedule III
nonnarcotic drugs for the sole purpose of animal euthanasia.
(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 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
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:
(1) lack of consistency of doctor-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages,
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(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.
(v) "Immediate precursor" means a substance:
(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;
(2) which is an immediate chemical intermediary
used or likely to be used in the manufacture of such
controlled substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of
teaching, educating or instructing by practitioners using
controlled substances within educational facilities approved
by the State Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(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 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:
(a) statements made by the owner or person in
control of the substance concerning its nature, use or
effect;
(b) statements made to the buyer or recipient that
the substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(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 reasonable retail market value of the substance.
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.
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.
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).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance, either 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:
(1) by an ultimate user, the preparation or
compounding of a controlled substance for his own use; or
(2) by a practitioner, or his authorized agent
under his supervision, the preparation, compounding,
packaging, or labeling of a controlled substance:
(a) as an incident to his administering or
dispensing of a controlled substance in the course
of his professional practice; or
(b) as an incident to lawful research,
teaching or chemical analysis and not for sale.
(z-1) "Methamphetamine manufacturing chemical" means any
of the following chemicals or substances containing any of
the following chemicals: benzyl methyl ketone, ephedrine,
methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
pseudoephedrine, or red phosphorous or any of the salts,
optical isomers, or salts of optical isomers of the
above-listed chemicals.
(aa) "Narcotic drug" means any of the following, whether
produced 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:
(1) opium and opiate, and any salt, compound,
derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or
identical with any of the substances referred to in
clause (1), but not including the isoquinoline alkaloids
of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salts, 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).
(bb) "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
(cc) (Blank).
(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.
(ee) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
(ff) "Parole and Pardon Board" means the Parole and
Pardon Board of the State of Illinois or its successor
agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision
or agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a
certificate of registration as a registered pharmacist, a
local registered pharmacist or a registered assistant
pharmacist under the Pharmacy Practice Act of 1987.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the
Pharmacy Practice Act of 1987.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to
practice medicine in all its branches, dentist, podiatrist,
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 controlled substance in the
course of professional practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been
indicated prior to the time of issuance.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, podiatrist or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a Schedule III, IV, or V
controlled substance in accordance with Section 303.05 and
the written guidelines required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice nurse with prescriptive authority in accordance with
Section 303.05 and a written collaborative agreement under
Sections 15-15 and 15-20 of the Nursing and Advanced Practice
Nursing Act.
(nn) "Prescription" means a lawful written, facsimile,
or verbal order of a physician licensed to practice medicine
in all its branches, dentist, podiatrist or veterinarian for
any controlled substance, of a physician assistant for a
Schedule III, IV, or V controlled substance in accordance
with Section 303.05 and the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or of an advanced practice nurse who issues a prescription
for a Schedule III, IV, or V controlled substance in
accordance with Section 303.05 and a written collaborative
agreement under Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
(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.
(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.
(ss) "Ultimate user" means a person who lawfully
possesses a controlled substance for his own use or for the
use of a member of his household or for administering to an
animal owned by him or by a member of his household.
(Source: P.A. 91-403, eff. 1-1-00; 91-714, eff. 6-2-00;
92-449, eff. 1-1-02.)
(720 ILCS 570/405.3 new)
Sec. 405.3. Criminal synthetic drug manufacturing
conspiracy.
(a) A person commits criminal synthetic drug
manufacturing conspiracy when, with the intent that a
controlled substance be manufactured or produced in violation
of any provision of Section 401, 402, 406.1, or 407, he or
she aids in the manufacture or production of a synthetic
controlled substance. No person may be convicted of criminal
synthetic drug manufacturing conspiracy unless an act in
furtherance to aid in the manufacture or production of a
synthetic controlled substance is alleged and proved to have
been committed by the person or a co-conspirator.
(b) Aiding in the manufacture of a synthetic controlled
substance may be accomplished by: (1) providing
methamphetamine manufacturing chemicals, precursors,
essential ingredients, or apparatus required to produce the
synthetic controlled substance; or (2) permitting the use of
any structure for the purpose of the manufacture of a
synthetic controlled substance.
(c) Apparatus required to manufacture the synthetic
controlled substance may include laboratory glassware and
apparatus or other common or household items used or modified
for use in the manufacture of the synthetic controlled
substance.
(d) In this Section, "structure" means any house,
apartment building, shop, barn, warehouse, building, vessel,
railroad car, cargo container, motor vehicle, housecar,
trailer, trailer coach, camper, mine, floating home,
watercraft, any structure capable of holding a clandestine
laboratory or any real property.
(e) It is not a defense to conspiracy that the person or
persons with whom the accused is alleged to have conspired:
(1) have not been prosecuted or convicted; or
(2) have been convicted of a different offense; or
(3) are not amenable to justice; or
(4) have been acquitted; or
(5) lacked the capacity to commit the offense.
(f) Sentence. A person convicted of criminal synthetic
drug manufacturing conspiracy may be fined or imprisoned or
both, but any fines or term of imprisonment imposed may not
be less than the minimum nor more than the maximum provided
for the offense that is the object of the conspiracy.
Section 99. Effective date. This Act takes effect upon
becoming law.