Public Act 094-0830
 		





SB2391 Enrolled
LRB094 15742 RLC 50955 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 2. The Illinois Controlled Substances Act is 
amended  by changing Section 312 as follows:
 


    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)


    Sec. 312. Requirements for dispensing controlled 
substances. 

    (a) A practitioner, in good faith, may dispense a Schedule

II controlled substance, which is a narcotic drug listed in 
Section 206
of this Act; or which contains any quantity of 
amphetamine or
methamphetamine, their salts, optical isomers 
or salts of optical
isomers; phenmetrazine and its salts; or 
pentazocine; and Schedule III, IV, or V controlled substances

to any person upon
a written prescription of any prescriber, 
dated and signed
by the
person prescribing on the day when 
issued and bearing the name and
address of the patient for 
whom, or the owner of the animal for which
the controlled 
substance is dispensed, and the full name, address and
registry 
number under the laws of the United States relating to

controlled substances of the prescriber, if he is
required by

those laws to be registered. If the prescription is for an 
animal it
shall state the species of animal for which it is 
ordered.  The
practitioner filling the prescription shall write 
the date of filling
and his own signature on the face of the 
written prescription.
The written prescription shall be

retained on file by the practitioner who filled it or pharmacy 
in which
the prescription was filled for a period of 2 years, 
so as to be readily
accessible for inspection or removal by any 
officer or employee engaged
in the enforcement of this Act.  
Whenever the practitioner's or
pharmacy's copy of any 
prescription is removed by an officer or
employee engaged in 
the enforcement of this Act, for the purpose of
investigation 
or as evidence, such officer or employee shall give to the

practitioner or pharmacy a receipt in lieu thereof. A 
prescription
for a Schedule II controlled substance shall not 
be filled more than 7 days
after the date of issuance.  A 
written prescription for Schedule III, IV or
V controlled 
substances shall not be filled or refilled more than 6 months

after the date thereof or refilled more than 5 times unless 
renewed, in
writing, by the prescriber.

    (b) In lieu of a written prescription required by this 
Section, a
pharmacist, in good faith, may dispense Schedule 
III, IV, or V
substances to any person either upon receiving a 
facsimile of a written,
signed prescription transmitted by the 
prescriber or the prescriber's agent
or upon a lawful oral 
prescription of a
prescriber which oral prescription shall be 
reduced
promptly to
writing by the pharmacist and such written 
memorandum thereof shall be
dated on the day when such oral 
prescription is received by the
pharmacist and shall bear the 
full name and address of the ultimate user
for whom, or of the 
owner of the animal for which the controlled
substance is 
dispensed, and the full name, address, and registry number

under the law of the United States relating to controlled 
substances of
the prescriber prescribing if he is required by 
those laws
to be so
registered, and the pharmacist filling such 
oral prescription shall
write the date of filling and his own 
signature on the face of such
written memorandum thereof.  The 
facsimile copy of the prescription or
written memorandum of the 
oral
prescription shall be retained on file by the proprietor 
of the pharmacy
in which it is filled for a period of not less 
than two years, so as to
be readily accessible for inspection 
by any officer or employee engaged
in the enforcement of this 
Act in the same manner as a written
prescription.  The facsimile 
copy of the prescription or oral prescription
and the written 
memorandum thereof
shall not be filled or refilled more than 6 
months after the date
thereof or be refilled more than 5 times, 
unless renewed, in writing, by
the prescriber.

    (c) Except for any non-prescription targeted 
methamphetamine precursor regulated by
as defined in the 
Methamphetamine Precursor Control Act, a

controlled substance 
included in Schedule V shall not be
distributed or dispensed 
other than for a medical purpose and not for
the purpose of 
evading this Act, and then:


        (1) only personally by a person registered to dispense 
    a Schedule V
controlled substance and then only to his 
    patients, or


        (2) only personally by a pharmacist, and then only to a 
    person over
21 years of age who has identified himself to 
    the pharmacist by means of
2 positive documents of 
    identification.


        (3) the dispenser shall record the name and address of 
    the
purchaser, the name and quantity of the product, the 
    date and time of
the sale, and the dispenser's signature.


        (4) no person shall purchase or be dispensed more than 
    120
milliliters or more than 120 grams of any Schedule V 
    substance which
contains codeine, dihydrocodeine, or any 
    salts thereof, or
ethylmorphine, or any salts thereof, in 
    any 96 hour period.  The
purchaser shall sign a form, 
    approved by the Department of Professional
Regulation, 
    attesting that he has not purchased any Schedule V

    controlled substances within the immediately preceding 96 
    hours.


        (5) a copy of the records of sale, including all 
    information
required by paragraph (3), shall be forwarded 
    to the Department of
Professional Regulation at its 
    principal office by the 15th day of the following month.


        (6) all records of purchases and sales shall be 
    maintained for not
less than 2 years.


        (7) no person shall obtain or attempt to obtain within 
    any
consecutive 96 hour period any Schedule V substances of 
    more than 120
milliliters or more than 120 grams containing 
    codeine, dihydrocodeine or
any of its salts, or 
    ethylmorphine or any of its salts.  Any person
obtaining any 
    such preparations or combination of preparations in excess

    of this limitation shall be in unlawful possession of such 
    controlled
substance.


        (8) a person qualified to dispense controlled 
    substances under this
Act and registered thereunder shall 
    at no time maintain or keep in stock
a quantity of Schedule 
    V controlled substances defined and listed in
Section 212 
    (b) (1), (2) or (3) in excess of 4.5 liters for each

    substance; a pharmacy shall at no time maintain or keep in 
    stock a
quantity of Schedule V controlled substances as 
    defined in excess of 4.5
liters for each substance, plus 
    the additional quantity of controlled
substances necessary 
    to fill the largest number of prescription orders
filled by 
    that pharmacy for such controlled substances in any one 
    week
in the previous year.  These limitations shall not 
    apply to Schedule V
controlled substances which Federal law 
    prohibits from being dispensed
without a prescription.


        (9) no person shall distribute or dispense butyl 
    nitrite for
inhalation or other introduction into the human 
    body for euphoric or
physical effect.

    (d) Every practitioner shall keep a record of controlled 
substances
received by him and a record of all such controlled 
substances
administered, dispensed or professionally used by 
him otherwise than by
prescription.  It shall, however, be 
sufficient compliance with this
paragraph if any practitioner 
utilizing controlled substances listed in
Schedules III, IV and 
V shall keep a record of all those substances
dispensed and 
distributed by him other than those controlled substances
which 
are administered by 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. A 
practitioner who
dispenses, other than by administering, a 
controlled substance in
Schedule II, which is a narcotic drug 
listed in Section 206 of this Act,
or which contains any 
quantity of amphetamine or methamphetamine, their
salts, 
optical isomers or salts of optical isomers, pentazocine, or

methaqualone shall do so only upon
the issuance of a written 
prescription blank by a
prescriber.

    (e) Whenever a manufacturer distributes a controlled 
substance in a
package prepared by him, and whenever a 
wholesale distributor
distributes a controlled substance in a 
package prepared by him or the
manufacturer, he shall securely 
affix to each package in which that
substance is contained a 
label showing in legible English the name and
address of the 
manufacturer, the distributor and the quantity, kind and
form 
of controlled substance contained therein.  No person except a

pharmacist and only for the purposes of filling a prescription 
under
this Act, shall alter, deface or remove any label so 
affixed.

    (f) Whenever a practitioner dispenses any controlled 
substance except a non-prescription targeted methamphetamine 
precursor  regulated by
as defined in the Methamphetamine 
Precursor Control Act, he
shall affix to the container in which 
such substance is sold or
dispensed, a label indicating the 
date of initial filling, the practitioner's
name and address, 
the name
of the patient, the name of the prescriber,
the 
directions
for use and cautionary statements, if any, contained 
in any prescription
or required by law, the proprietary name or 
names or the established name
of the controlled substance, and 
the dosage and quantity, except as otherwise
authorized by 
regulation by the Department of Professional Regulation.  No

person shall alter, deface or remove any label so affixed.

    (g) A person to whom or for whose use any controlled 
substance has
been prescribed or dispensed by a practitioner, 
or other persons
authorized under this Act, and the owner of 
any animal for which such
substance has been prescribed or 
dispensed by a veterinarian, may
lawfully possess such 
substance only in the container in which it was
delivered to 
him by the person dispensing such substance.

    (h) The responsibility for the proper prescribing or 
dispensing of
controlled substances is upon the prescriber and 
the responsibility for
the proper filling of a prescription for 
controlled substance drugs
rests with the pharmacist.  An order 
purporting to be a prescription
issued to any individual, which 
is not in the regular course of
professional treatment nor part 
of an authorized methadone maintenance
program, nor in 
legitimate and authorized research instituted by any

accredited hospital, educational institution, charitable 
foundation, or
federal, state or local governmental agency, and 
which is intended to
provide that individual with controlled 
substances sufficient to
maintain that individual's or any 
other individual's physical or
psychological addiction, 
habitual or customary use, dependence, or
diversion of that 
controlled substance is not a prescription within the
meaning 
and intent of this Act; and the person issuing it, shall be

subject to the penalties provided for violations of the law 
relating to
controlled substances.

    (i) A prescriber shall not preprint or cause to be

preprinted a
prescription for any controlled substance; nor 
shall any practitioner
issue, fill or cause to be issued or 
filled, a preprinted prescription
for any controlled 
substance.

    (j) No person shall manufacture, dispense, deliver, 
possess with
intent to deliver, prescribe, or administer or 
cause to be administered
under his direction any anabolic 
steroid, for any use in humans other than
the treatment of 
disease in accordance with the order of a physician licensed
to 
practice medicine in all its branches for a
valid medical 
purpose in the course of professional practice.  The use of

anabolic steroids for the purpose of hormonal manipulation that 
is intended
to increase muscle mass, strength or weight without 
a medical necessity to
do so, or for the intended purpose of 
improving physical appearance or
performance in any form of 
exercise, sport, or game, is not a valid medical
purpose or in 
the course of professional practice.

(Source: P.A. 94-694, eff. 1-15-06.)


 
    Section 5. The Methamphetamine Control and Community 
Protection Act is amended  by changing Sections 15, 20, 25, 30, 
45, and 55 and by adding Section 56 as follows:
 
    (720 ILCS 646/15)

    Sec. 15. Participation in methamphetamine manufacturing.  
    (a) Participation in methamphetamine manufacturing.
        
        (1) It is unlawful to knowingly participate in the 
    manufacture of methamphetamine with the intent that 
    methamphetamine or a substance containing methamphetamine 
    be produced.
        
        (2) A person who violates paragraph (1) of this 
    subsection (a) is subject to the following penalties:
            
            (A) A person who participates in the manufacture of 
        less than 15 grams of methamphetamine or a substance 
        containing methamphetamine is guilty of a Class 1 
        felony.
            
            (B) A person who participates in the manufacture of 
        15 or more grams but less than 100 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 6 years and 
        not more than 30 years, and subject to a fine not to 
        exceed $100,000 or the street value of the 
        methamphetamine manufactured, whichever is greater.
            
            (C) A person who participates in the manufacture of 
        100 or more grams but less than 400 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 9 years and 
        not more than 40 years, and subject to a fine not to 
        exceed $200,000 or the street value of the 
        methamphetamine manufactured, whichever is greater.
            
            (D) A person who participates in the manufacture of 
        400 or more grams but less than 900 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 12 years and 
        not more than 50 years, and subject to a fine not to 
        exceed $300,000 or the street value of the 
        methamphetamine manufactured, whichever is greater.
            
            (E) A person who participates in the manufacture of 
        900 grams or more of methamphetamine or a substance 
        containing methamphetamine is guilty of a Class X 
        felony, subject to a term of imprisonment of not less 
        than 15 years and not more than 60 years, and subject 
        to a fine not to exceed $400,000 or the street value of 
        the methamphetamine, whichever is greater.
    
    (b) Aggravated participation in methamphetamine 
manufacturing.
        
        (1) It is unlawful to engage in aggravated 
    participation in the manufacture of methamphetamine. A 
    person engages in aggravated participation in the 
    manufacture of methamphetamine when the person violates 
    paragraph (1) of subsection (a) and:
            
            (A) the person knowingly does so in a multi-unit 
        dwelling;
            
            (B) the person knowingly does so in a structure or 
        vehicle where a child under the age of 18, a person 
        with a disability, or a person 60 years of age or older 
        who is incapable of adequately providing for his or her 
        own health and personal care  resides, is present, or is 
        endangered by the manufacture of methamphetamine;
            
            (C) the person does so in a structure or vehicle 
        where a woman the person knows to be pregnant 
        (including but not limited to the person herself) 
        resides, is present, or is endangered by the 
        methamphetamine manufacture;
            
            (D) the person knowingly does so in a structure or 
        vehicle protected by one or more firearms, explosive 
        devices, booby traps, alarm systems, surveillance 
        systems, guard dogs, or dangerous animals;
            
            (E) the methamphetamine manufacturing in which the 
        person participates is a contributing cause of the 
        death, serious bodily injury, disability, or 
        disfigurement of another person, including but not 
        limited to an emergency service provider;
            
            (F) the methamphetamine manufacturing in which the 
        person participates is a contributing cause of a fire 
        or explosion that damages property belonging to 
        another person; or
            
            (G) the person knowingly organizes, directs, or 
        finances the methamphetamine manufacturing or 
        activities carried out in support of the 
        methamphetamine manufacturing.
        
        (2) A person who violates paragraph (1) of this 
    subsection (b) is subject to the following penalties:
            
            (A) A person who participates in the manufacture of 
        less than 15 grams of methamphetamine or a substance 
        containing methamphetamine is guilty of a Class X 
        felony, subject to a term of imprisonment of not less 
        than 6 years and not more than 30 years, and subject to 
        a fine not to exceed $100,000 or the street value of 
        the methamphetamine, whichever is greater.
            
            (B) A person who participates in the manufacture of 
        15 or more grams but less than 100 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 9 years and 
        not more than 40 years, and subject to a fine not to 
        exceed $200,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (C) A person who participates in the manufacture of 
        100 or more grams but less than 400 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 12 years and 
        not more than 50 years, and subject to a fine not to 
        exceed $300,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (D) A person who participates in the manufacture of 
        400 grams or more of methamphetamine or a substance 
        containing methamphetamine is guilty of a Class X 
        felony, subject to a term of imprisonment of not less 
        than 15 years and not more than 60 years, and subject 
        to a fine not to exceed $400,000 or the street value of 
        the methamphetamine, whichever is greater.


(Source: P.A. 94-556, eff. 9-11-05.)
 
    (720 ILCS 646/20)

    Sec. 20. Methamphetamine precursor.  
    (a) Methamphetamine precursor or substance containing any 
methamphetamine precursor in standard dosage form.
        (1) It is unlawful to knowingly possess, procure, 
    transport, store, or deliver any methamphetamine precursor 
    or substance containing any methamphetamine precursor in 
    standard dosage  form with the intent that it be used to 
    manufacture methamphetamine or a substance containing 
    methamphetamine.
        
        (2) A person who violates paragraph (1) of this 
    subsection (a) is subject to the following penalties:
            
            (A) A person who possesses, procures, transports, 
        stores, or delivers less than 15 grams of 
        methamphetamine precursor or substance containing any 
        methamphetamine precursor is guilty of a Class 2 
        felony.
            
            (B) A person who possesses, procures, transports, 
        stores, or delivers 15 or more grams but less than 30 
        grams of methamphetamine precursor or substance 
        containing any methamphetamine precursor is guilty of 
        a Class 1 felony.
            
            (C) A person who possesses, procures, transports, 
        stores, or delivers 30 or more grams but less than 150 
        grams of methamphetamine precursor or substance 
        containing any methamphetamine precursor is guilty of 
        a Class X felony, subject to a term of         imprisonment of 
        not less than 6 years and not more than 30 years, and 
        subject to a fine not to exceed $100,000.
            
            (D) A person who possesses, procures, transports, 
        stores, or delivers 150 or more grams but less than 500 
        grams of methamphetamine precursor or substance 
        containing any methamphetamine precursor is guilty of 
        a Class X felony, subject to a term of         imprisonment of 
        not less than 8 years and not more than 40 years, and 
        subject to a fine not to exceed $200,000.
            
            (E) A person who possesses, procures, transports, 
        stores, or delivers 500 or more grams of 
        methamphetamine precursor or substance containing any 
        methamphetamine precursor is guilty of a Class X 
        felony, subject to a term of imprisonment of not less 
        than 10 years and not more than 50 years, and subject 
        to a fine not to exceed $300,000.
    
    (b) Methamphetamine precursor or substance containing any 
methamphetamine precursor in any form other than a standard 
dosage form.
        (1) It is unlawful to knowingly possess, procure, 
    transport, store, or deliver any methamphetamine precursor 
    or substance containing any methamphetamine precursor in 
    any form other than a standard dosage form with the intent 
    that it be used to manufacture methamphetamine or a 
    substance containing methamphetamine.
        
        (2) A person who violates paragraph (1) of this 
    subsection (b) is subject to the following penalties:
            
            (A) A person who violates paragraph (1) of this 
        subsection (b) with the intent that less than 10 grams 
        of methamphetamine or a substance containing 
        methamphetamine be manufactured is guilty of a Class 2 
        felony.
            
            (B) A person who violates paragraph (1) of this 
        subsection (b) with the intent that 10 or more grams 
        but less than 20 grams of methamphetamine or a 
        substance containing methamphetamine be manufactured 
        is guilty of a Class 1 felony.
            
            (C) A person who violates paragraph (1) of this 
        subsection (b) with the intent that 20 or more grams 
        but less than 100 grams of methamphetamine or a 
        substance containing methamphetamine be manufactured 
        is guilty of a Class X felony, subject to a term of 
        imprisonment of not less than 6 years and not more than 
        30 years, and subject to a fine not to exceed $100,000.
            
            (D) A person who violates paragraph (1) of this 
        subsection (b) with the intent that 100 or more grams 
        but less than 350 grams of methamphetamine or a 
        substance containing methamphetamine be manufactured 
        is guilty of a Class X felony, subject to a term of 
        imprisonment of not less than 8 years and not more than 
        40 years, and subject to a fine not to exceed $200,000.
            
            (E) A person who violates paragraph (1) of this 
        subsection (b) with the intent that 350 or more grams 
        of methamphetamine or a substance containing  
        methamphetamine be manufactured is guilty of a Class X 
        felony, subject to a term of imprisonment of not less 
        than 10 years and not more than 50 years, and subject 
        to a fine not to exceed $300,000.
     
    (c) Rule of evidence. The presence of any methamphetamine 
precursor in a sealed, factory imprinted container, including, 
but not limited to, a bottle, box, package, or blister pack, at 
the time of seizure by law enforcement, is prima facie evidence 
that the methamphetamine precursor located within the 
container is in fact the material so described and in the 
amount listed on the container. The factory imprinted container 
is admissible for a violation of this Act for purposes of 
proving the contents of the container.


(Source: P.A. 94-556, eff. 9-11-05.)
 
    (720 ILCS 646/25)

    Sec. 25. Anhydrous ammonia.  
    (a) Possession, procurement, transportation, storage, or 
delivery of anhydrous ammonia with the intent that it be used 
to manufacture methamphetamine.
        
        (1) It is unlawful to knowingly engage in the 
    possession, procurement, transportation, storage, or 
    delivery of anhydrous ammonia or to attempt to engage in 
    any of these activities or to assist another in engaging in 
    any of these activities with the intent that the anhydrous 
    ammonia be used to manufacture methamphetamine.
        
        (2) A person who violates paragraph (1) of this 
    subsection
    (a) is guilty of a Class 1 felony.
    
    (b) Aggravated possession, procurement, transportation, 
storage, or delivery of anhydrous ammonia with the intent that 
it be used to manufacture methamphetamine.
        
        (1) It is unlawful to knowingly engage in the 
    aggravated possession, procurement, transportation, 
    storage, or delivery of anhydrous ammonia with the intent 
    that it be used to manufacture methamphetamine. A person 
    commits this offense when the person engages in the 
    possession, procurement, transportation, storage, or 
    delivery of anhydrous ammonia or attempts to engage in any 
    of these activities or assists another in engaging in any 
    of these activities  with the intent that the anhydrous 
    ammonia be used to manufacture methamphetamine and:
            
            (A) the person knowingly does so in a multi-unit 
        dwelling;
            
            (B) the person knowingly does so in a structure or 
        vehicle where a child under the age of 18, or a person 
        with a disability, or a person who is 60 years of age 
        or older who is incapable of adequately providing for 
        his or her own health and personal care resides, is 
        present, or is endangered by the anhydrous ammonia;
            
            (C) the person's possession, procurement, 
        transportation, storage, or delivery of anhydrous 
        ammonia is a contributing cause of the death, serious 
        bodily injury, disability, or disfigurement of another 
        person; or
            
            (D) the person's possession, procurement, 
        transportation, storage, or delivery of anhydrous 
        ammonia is a contributing cause of a fire or explosion 
        that damages property belonging to another person.
        
        (2) A person who violates paragraph (1) of this 
    subsection (b) is guilty of a Class X felony, subject to a 
    term of imprisonment of not less than 6 years and not more 
    than 30 years, and subject to a fine not to exceed 
    $100,000.
    
    (c) Possession, procurement, transportation, storage, or 
delivery of anhydrous ammonia in an unauthorized container.
        
        (1) It is unlawful to knowingly possess, procure, 
    transport, store, or deliver anhydrous ammonia in an 
    unauthorized container.
        
        (2) A person who violates paragraph (1) of this 
    subsection (c) is guilty of a Class 3 felony.
        
        (3) Affirmative defense. It is an affirmative defense 
    that the person charged possessed, procured, transported, 
    stored, or delivered anhydrous ammonia in a manner that 
    substantially complied with the rules governing     anhydrous 
    ammonia equipment found in 8 Illinois Administrative Code 
    Section 215, in 92 Illinois Administrative Code Sections 
    171 through 180, or in any     provision of the Code of Federal 
    Regulations incorporated by reference into these Sections 
    of the Illinois Administrative Code.
    
    (d) Tampering with anhydrous ammonia equipment.
        
        (1) It is unlawful to knowingly tamper with anhydrous 
    ammonia equipment. A person tampers with anhydrous ammonia 
    equipment when, without authorization from the lawful 
    owner, the person:
            
            (A) removes or attempts to remove anhydrous 
        ammonia from the anhydrous ammonia equipment used by 
        the lawful owner;
            
            (B) damages or attempts to damage the anhydrous 
        ammonia equipment used by the lawful owner; or
            
            (C) vents or attempts to vent anhydrous ammonia
        
        into the environment.
        
        (2) A person who violates paragraph (1) of this 
    subsection (d) is guilty of a Class 3 felony.


(Source: P.A. 94-556, eff. 9-11-05.)
 
    (720 ILCS 646/30)

    Sec. 30. Methamphetamine manufacturing material.  
    (a) It is unlawful to knowingly engage in the possession, 
procurement, transportation, storage, or delivery of any 
methamphetamine manufacturing material, other than a 
methamphetamine precursor, substance containing a 
methamphetamine precursor, or anhydrous ammonia, with the 
intent that it be used to manufacture methamphetamine.
    
    (b) A person who violates subsection (a) of this Section is 
guilty of a Class 2 felony.


(Source: P.A. 94-556, eff. 9-11-05.)
 
    (720 ILCS 646/45)

    Sec. 45. Methamphetamine manufacturing waste.  
    (a) It is unlawful to knowingly burn, place in a trash 
receptacle, or dispose of methamphetamine manufacturing waste, 
knowing that the waste was used in the manufacturing of 
methamphetamine.
    
    (b) A person who violates subsection (a) of this Section is 
guilty of a Class 2 felony.


(Source: P.A. 94-556, eff. 9-11-05.)
 
    (720 ILCS 646/55)

    Sec. 55. Methamphetamine delivery.  
    (a) Delivery or possession with intent to deliver 
methamphetamine or a substance containing methamphetamine.
        
        (1) It is unlawful knowingly to engage in the delivery 
    or possession with intent to deliver methamphetamine or a 
    substance containing methamphetamine.
        
        (2) A person who violates paragraph (1) of this 
    subsection (a) is subject to the following penalties:
            
            (A) A person who delivers or possesses with intent 
        to deliver less than 5 grams of methamphetamine or a 
        substance containing methamphetamine is guilty of a 
        Class 2 felony.
            
            (B) A person who delivers or possesses with intent 
        to deliver 5 or more grams but less than 15 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class 1 felony.
            
            (C) A person who delivers or possesses with intent 
        to deliver 15 or more grams but less than 100 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 6 years and 
        not more than 30 years, and subject to a fine not to 
        exceed $100,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (D) A person who delivers or possesses with intent 
        to deliver 100 or more grams but less than 400 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 9 years and 
        not more than 40 years, and subject to a fine not to 
        exceed $200,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (E) A person who delivers or possesses with intent 
        to deliver 400 or more grams but less than 900 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 12 years and 
        not more than 50 years, and subject to a fine not to 
        exceed $300,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (F) A person who delivers or possesses with intent 
        to deliver 900 or more grams of methamphetamine or a 
        substance containing methamphetamine is guilty of a 
        Class X felony, subject to a term of imprisonment of 
        not less than 15 years and not more than 60 years, and 
        subject to a fine not to exceed $400,000 or the street 
        value of the methamphetamine, whichever is greater.
    
    (b) Aggravated delivery or possession with intent to 
deliver methamphetamine or a substance containing 
methamphetamine.
        
        (1) It is unlawful to engage in the aggravated delivery 
    or possession with intent to deliver methamphetamine or a 
    substance containing methamphetamine. A person engages in 
    the aggravated delivery or possession with intent to 
    deliver methamphetamine or a substance containing 
    methamphetamine when the person violates paragraph (1) of 
    subsection (a) of this Section and:
            
            (A) the person is at least 18 years of age and 
        knowingly delivers or possesses with intent to deliver 
        the methamphetamine or substance containing         
        methamphetamine to a person under 18 years of age;
            
            (B) the person is at least 18 years of age and 
        knowingly uses, engages, employs, or causes another 
        person to use, engage, or employ a person under 18 
        years of age to deliver the methamphetamine or 
        substance containing methamphetamine;
            
            (C) the person knowingly delivers or possesses 
        with intent to deliver the methamphetamine or 
        substance containing methamphetamine in any structure 
        or vehicle protected by one or more firearms, explosive 
        devices, booby traps, alarm systems, surveillance 
        systems, guard dogs, or dangerous animals;
            
            (D) the person knowingly delivers or possesses 
        with intent to deliver the methamphetamine or 
        substance containing methamphetamine in any school, on 
        any real property comprising any school, or in any 
        conveyance owned, leased, or contracted by a school to 
        transport students to or from school or a 
        school-related activity;
            
            (E) the person delivers or causes another person to 
        deliver the methamphetamine or substance containing 
        methamphetamine to a woman that the person knows to be 
        pregnant;
            or
            (F) (blank)
the person knowingly brings or causes 
        another to bring the methamphetamine or substance 
        containing methamphetamine into Illinois from a 
        location outside of Illinois.
        (2) A person who violates paragraph (1) of this 
    subsection (b) is subject to the following penalties:
            
            (A) A person who delivers or possesses with intent 
        to deliver less than 5 grams of methamphetamine or a 
        substance containing methamphetamine is guilty of a 
        Class 1 felony.
            
            (B) A person who delivers or possesses with intent 
        to deliver 5 or more grams but less than 15 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 6 years and 
        not more than 30 years, and subject to a fine not to 
        exceed $100,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (C) A person who delivers or possesses with intent 
        to deliver 15 or more grams but less than 100 grams of 
        methamphetamine or a substance containing 
        methamphetamine is guilty of a Class X felony, subject 
        to a term of imprisonment of not less than 8 years and 
        not more than 40 years, and subject to a fine not to 
        exceed $200,000 or the street value of the 
        methamphetamine, whichever is greater.
            
            (D) A person who delivers or possesses with intent 
        to deliver 100 or more grams of methamphetamine or a 
        substance containing methamphetamine is guilty of a 
        Class X felony, subject to a term of imprisonment of 
        not less than 10 years and not more than 50 years, and 
        subject to a fine not to exceed $300,000 or the street 
        value of the methamphetamine, whichever is greater.


(Source: P.A. 94-556, eff. 9-11-05.)
 
    (720 ILCS 646/56  new)
    Sec. 56. Methamphetamine trafficking.
    (a) Except for purposes as authorized by this Act, any 
person who knowingly brings, or causes to be brought, into this 
State methamphetamine, anhydrous ammonia, or a methamphetamine 
precursor for the purpose of manufacture or delivery of 
methamphetamine or with the intent to manufacture or deliver 
methamphetamine is guilty of methamphetamine trafficking.
    (b) A person convicted of methamphetamine trafficking 
shall be sentenced to a term of imprisonment of not less than 
twice the minimum term and not more than twice the maximum term 
of imprisonment based upon the amount of methamphetamine 
brought or caused to be brought into this State, as provided in 
subsection (a) of Section 55 of this Act.
    (c) A person convicted of methamphetamine trafficking 
based upon a methamphetamine precursor shall be sentenced to a 
term of imprisonment of not less than twice the minimum term 
and not more than twice the maximum term of imprisonment based 
upon the amount of methamphetamine precursor provided in 
subsection (a) or (b) of Section 20 of this Act brought or 
caused to be brought into this State.

    (d) A person convicted of methamphetamine trafficking 
based upon anhydrous ammonia under paragraph (1) of subsection  
(a) of Section 25 of this Act shall be sentenced to a term of 
imprisonment of not less than twice the minimum term and not 
more than twice the maximum term of imprisonment provided in 
paragraph (1) of subsection  (a) of Section 25 of this Act.


 
    Section 10. The Methamphetamine Precursor Control Act is 
amended  by changing Sections 5, 10, 15, 20, 25,  and 35 and by 
adding Section 60 as follows:
 
    (720 ILCS 648/5)
    Sec. 5. Purpose. The purpose of this Act is to reduce the 
harm that methamphetamine manufacturing and manufacturers are 
inflicting on individuals, families, communities, first 
responders, the economy, and the environment in Illinois, by 
making it more difficult for persons engaged in the unlawful 
manufacture of methamphetamine and related activities to 
obtain methamphetamine's essential ingredient, ephedrine or  
pseudoephedrine. It is the intent of the General Assembly that 
this Act operate in tandem with and be interpreted as 
consistent with federal laws and regulations relating to the 
subject matter of this Act to the greatest extent possible.


(Source: P.A. 94-694, eff. 1-15-06.)
 
    (720 ILCS 648/10)
    Sec. 10. Definitions. In this Act:
    "Administer" or "administration" has the meaning provided 
in Section 102 of the Illinois Controlled Substances Act.
    "Agent" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Convenience package" means any package that contains 360 
milligrams or less of ephedrine or pseudoephedrine, their salts 
or optical isomers, or salts of optical isomers in liquid or 
liquid-filled capsule form.
    "Deliver" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Dispense" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.

    "Distribute" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act. 
    "List I chemical" has the meaning provided in 21 U.S.C. 
Section 802.
    "Methamphetamine precursor" has the meaning provided in 
Section 10 of the Methamphetamine Control and Community 
Protection Act. 
    "Package" means an item packaged and marked for retail sale 
that is not designed to be further broken down or subdivided 
for the purpose of retail sale.
    "Pharmacist" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.

    "Pharmacy" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Practitioner" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.
    "Prescriber" has the meaning provided in Section 102 of the 
Illinois Controlled Substances Act.
    "Prescription" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.
    "Readily retrievable" has the meaning provided in 21 C.F.R. 
part 1300.
    "Retail distributor" means a grocery store, general 
merchandise store, drug store, other merchandise store, or 
other entity or person whose activities as a distributor 
relating to drug products containing targeted methamphetamine 
precursor are limited exclusively or almost exclusively to 
sales for personal use by an ultimate user, both in number of 
sales and volume of sales, either directly to walk-in customers 
or in face-to-face transactions by direct sales. 
    "Sales employee" means any employee or agent, other than a 
pharmacist or pharmacy technician who works exclusively or 
almost exclusively behind a pharmacy counter, who at any time 
(a) operates a cash register at which targeted packages may be 
sold, (b) works at or behind a pharmacy counter, (c) stocks 
shelves containing targeted packages, or (c)
(d) trains or 
supervises any other employee or agent who engages in any of 
the preceding activities.
    "Single retail transaction" means a sale by a retail 
distributor to a specific customer at a specific time.
    "Targeted methamphetamine precursor" means any compound, 
mixture, or preparation that contains any detectable quantity 
of ephedrine or pseudoephedrine, their salts or optical 
isomers, or salts of optical isomers.
    "Targeted package" means a package, including a 
convenience package,  containing any amount of targeted 
methamphetamine precursor.
    "Ultimate user" has the meaning provided in Section 102 of 
the Illinois Controlled Substances Act.

(Source: P.A. 94-694, eff. 1-15-06.)
 
    (720 ILCS 648/15)
    Sec. 15. Basic provisions. 
    (a) No targeted methamphetamine precursor shall be 
purchased, received, or otherwise acquired in any manner other 
than that described in Section 20 of this Act.
    (b) No targeted methamphetamine precursor shall be 
knowingly administered,  dispensed, or distributed for any 
purpose other than a medical purpose.

    (c) No targeted methamphetamine precursor shall be 
knowingly administered, dispensed, or distributed for the 
purpose of violating or evading this Act, the Illinois 
Controlled Substances Act, or the Methamphetamine Control and 
Community Protection Act.

    (d) No targeted methamphetamine precursor shall be 
administered, dispensed, or distributed with knowledge that it 
will be used to manufacture methamphetamine or with reckless 
disregard of its likely use to manufacture methamphetamine. 
    (e) No targeted methamphetamine precursor shall be  
administered,  dispensed, or distributed except by:

        (1) a pharmacist pursuant to the valid order of a 
    prescriber;

        (2) any other practitioner authorized to do so  by the 
    Illinois Controlled Substances Act;
        (3) a drug abuse treatment program, pursuant to 
    subsection (d) of Section 313 of the Illinois Controlled 
    Substances Act;

        (4) a pharmacy pursuant to Section 25 of this Act;
        (5) a retail distributor pursuant to Sections 30 and 35 
    of this Act; or
        (6) a distributor authorized by the Drug Enforcement 
    Administration to distribute bulk quantities of a list I 
    chemical under the federal Controlled Substances Act and 
    corresponding regulations, or the employee or agent of such 
    a distributor acting in the normal course of business.

    (f) Notwithstanding any provision of this Act to the 
contrary, it is lawful for persons to provide small quantities 
of targeted methamphetamine precursors to immediate family or 
household members for legitimate medical purposes, and it is 
lawful for persons to receive small quantities of targeted 
methamphetamine precursors from immediate family or household 
members for legitimate medical purposes.

(Source: P.A. 94-694, eff. 1-15-06.)
 
    (720 ILCS 648/20)
    Sec. 20. Restrictions on purchase, receipt, or 
acquisition. 
    (a) Except as provided in subsection (e) of this Section, 
any person 18 years of age or older wishing to purchase, 
receive, or otherwise acquire a targeted methamphetamine 
precursor shall, prior to taking possession of the targeted 
methamphetamine precursor:

        (1) provide a driver's license or other 
    government-issued identification showing the person's 
    name, date of birth, and photograph; and
        (2) sign a log documenting the name and address of the 
    person, date and time of the transaction, and brand and 
    product name and total quantity distributed of ephedrine or 
    pseudoephedrine, their salts, or optical isomers, or salts 
    of optical isomers.
    (b) Except as provided in subsection (e) of this Section, 
no person shall knowingly purchase, receive, or otherwise 
acquire, within any 30-day period products containing more than 
a total of  7,500 milligrams of ephedrine or pseudoephedrine, 
their salts or optical isomers, or salts of optical isomers.

    (c) Except as provided in subsections (d) and (e) of this 
Section, no person shall knowingly purchase, receive, or 
otherwise acquire more than 2 targeted packages in a single 
retail transaction.
    (d) Except as provided in subsection (e) of this Section, 
no person shall knowingly purchase, receive, or otherwise 
acquire more than one convenience package from a retail 
location other than a pharmacy counter in a 24-hour period.
    (e) This Section shall not apply to any person who 
purchases, receives, or otherwise acquires a targeted 
methamphetamine precursor for the purpose of dispensing, 
distributing, or administering it in a lawful manner described 
in subsection (e) of Section 15 of this Act.

(Source: P.A. 94-694, eff. 1-15-06.)
 
    (720 ILCS 648/25)
    Sec. 25. Pharmacies. 
    (a) No targeted methamphetamine precursor may be knowingly 
distributed through a pharmacy, including a pharmacy located 
within, owned by, operated by, or associated with a retail 
distributor unless all terms of this Section are satisfied.
    (b) Any targeted methamphetamine precursor other than a 
convenience package or a liquid, including but not limited to 
any targeted methamphetamine precursor in liquid-filled 
capsules,
The targeted methamphetamine precursor shall: (1) be 
packaged in blister packs, with each blister containing not 
more than 2 dosage units, or when the use of blister packs is 
technically infeasible, in unit dose packets. Each targeted 
package shall ; and
(2) contain no more than 3,000 milligrams of 
ephedrine or pseudoephedrine, their salts or optical isomers, 
or salts of optical isomers.

    (c) The targeted methamphetamine precursor shall be stored 
behind the pharmacy counter and distributed by a pharmacist or 
pharmacy technician licensed under the Pharmacy Practice Act of 
1987.
    (d) Any retail distributor operating a pharmacy, and any 
pharmacist or pharmacy technician involved in the transaction 
or transactions, shall ensure that any person purchasing, 
receiving, or otherwise acquiring the targeted methamphetamine 
precursor complies with subsection (a) of Section 20 of this 
Act.

    (e) Any retail distributor operating a pharmacy, and any 
pharmacist or pharmacy technician involved in the transaction 
or transactions, shall verify that:
        (1) The person purchasing, receiving, or otherwise 
    acquiring the targeted methamphetamine precursor is 18 
    years of age or older and resembles the photograph of the 
    person on the government-issued identification presented 
    by the person; and

        (2) The name entered into the log referred to in 
    subsection (a) of Section 20 of this Act corresponds to the 
    name on the government-issued identification presented by 
    the person.

    (f) The logs referred to in subsection (a) of Section 20 of 
this Act shall be kept confidential, maintained for not less 
than 2 years, and made available for inspection and copying by 
any law enforcement  officer upon request of that officer.
These 
logs may be kept in an electronic format if they include all 
the information specified in subsection (a) of Section 20 of 
this Act in a manner  that is readily retrievable and 
reproducible in hard-copy format.
    (g) No retail distributor operating a pharmacy, and no 
pharmacist or pharmacy technician, shall knowingly distribute 
any targeted methamphetamine precursor to any person under 18 
years of age.
    (h) No retail distributor operating a pharmacy, and no 
pharmacist or pharmacy technician, shall knowingly distribute 
to a single person in any 24-hour period more than one 
convenience package.
    (i) Except as provided in subsection (h) of this Section, 
no
    (h) No retail distributor operating a pharmacy, and no 
pharmacist or pharmacy technician, shall knowingly distribute 
to a single person more than 2 targeted packages in a single 
retail transaction.
    (i)
(j) No retail distributor operating a pharmacy, and no 
pharmacist or pharmacy technician, shall knowingly distribute 
to a single person in any 30-day period products containing 
more than a total of  7,500 milligrams of ephedrine or 
pseudoephedrine, their salts or optical isomers, or salts of 
optical isomers.


    (j) A pharmacist or pharmacy technician may distribute a 
targeted methamphetamine precursor to a person who is without a 
form of identification specified in paragraph (1) of subsection 
(a) of Section 20 of this Act only if all other provisions of 
this Act are followed and either:
        (1)                   the person presents a driver's license issued 
    without a photograph by the State of Illinois pursuant to 
    the Illinois Administrative Code, Title 92, Section 
    1030.90(b)(1) or 1030.90(b)(2); or
        (2)                   the person is known to the pharmacist or pharmacy 
    technician, the person presents some form of 
    identification, and the pharmacist or pharmacy technician 
    reasonably believes that the targeted methamphetamine 
    precursor will be used for a legitimate medical purpose and 
    not to manufacture methamphetamine.

    (k) When a pharmacist or pharmacy technician distributes a 
targeted methamphetamine precursor to a person according to the 
procedures set forth in this Act, and the pharmacist or 
pharmacy technician does not have access to a working cash 
register at the pharmacy counter, the pharmacist or pharmacy 
technician may instruct the person to pay for the targeted 
methamphetamine precursor at a cash register located elsewhere 
in the retail establishment, whether that register is operated 
by a pharmacist, pharmacy technician, or other employee or 
agent of the retail establishment.

(Source: P.A. 94-694, eff. 1-15-06.)
 
    (720 ILCS 648/35)
    Sec. 35. Retail distributors; training requirements. 
    (a) Every retail distributor of any targeted 
methamphetamine precursor shall train each sales employee on 
the topics listed on the certification form described in 
subsection (b) of this Section. This training may be conducted 
by a live trainer or by means of a computer-based training 
program. This training shall be completed within 30 days of the 
effective date of this Act or within 30 days of the date that 
each sales employee begins working for the retail distributor, 
whichever of these 2 dates comes later. 
    (b) Immediately after training each sales employee as 
required in subsection (a) of this Section, every retail 
distributor of any targeted methamphetamine precursor shall 
have each sales employee read, sign, and date a certification 
containing the following language: 
        (1) My name is (insert name of employee) and I am an
     
    employee of (insert name of business) at (insert street 
    address).

        (2)   I understand that in Illinois there are laws
     
    governing the sale of certain over-the-counter medications 
    that contain a chemical called ephedrine or a second 
    chemical called pseudoephedrine. Medications that are 
    subject to these laws are called "targeted methamphetamine 
    precursors".

        (3) I understand that "targeted methamphetamine 
    precursors" can be
     used to manufacture the illegal and 
    dangerous drug methamphetamine and that methamphetamine is 
    causing great harm to individuals, families, communities, 
    the economy, and the environment throughout Illinois.

        (4) I understand that under Illinois law, unless they 
    are at a pharmacy counter, customers can only purchase 
    small "convenience packages" of "targeted methamphetamine 
    precursors".

        (5) I understand that under Illinois law, customers can 
    only purchase these "convenience packages" if they are 18 
    years of age or older, show identification, and sign a log 
    according to procedures that have been described to me.
        (6) I understand that under Illinois law, I cannot
     sell 
    more than one "convenience package" to a single customer in 
    one 24-hour period.

        (7) I understand that under Illinois law, I cannot sell 
    "targeted methamphetamine precursors" to a person if I know 
    that the person is going to use them to make 
    methamphetamine.
        (8) I understand that there are a number of
     ingredients 
    that are used to make the illegal drug methamphetamine, 
    including "targeted methamphetamine precursors" sold in 
    "convenience packages".  My employer has shown me a list of 
    these various ingredients, and I have reviewed the list.

        (9) I understand that there are certain procedures
     that 
    I should follow if I suspect that a store customer is 
    purchasing "targeted methamphetamine precursors" or other 
    products for the purpose of manufacturing methamphetamine. 
    These procedures have been described to me, and I 
    understand them.

    (c) A certification form of the type described in 
subsection (b) of this Section may be signed with a handwritten 
signature or an electronic signature that includes a unique 
identifier for each employee. The certification shall be 
retained by the retail distributor for each sales employee for 
the duration of his or her employment and for at least 30 days 
following the end of his or her employment. Any such form shall 
be made available for inspection and copying by any law 
enforcement officer upon request of that officer. These records 
may be kept in electronic format if they include all the 
information specified in this Section in a manner that is 
readily retrievable and reproducible in hard-copy format. 
    (d) The Office of the Illinois Attorney General shall make 
available to retail distributors the list of methamphetamine 
ingredients referred to in subsection (b) of this Section. 

    (e) The training requirements set forth in this Section 
apply to the distribution of convenience packages away from 
pharmacy counters as set forth in Section 30 of this Act but do 
not apply to the distribution of targeted methamphetamine 
precursors through a pharmacy as set forth in Section 25 of 
this Act.

(Source: P.A. 94-694, eff. 1-15-06.)
 
    (720 ILCS 648/60 new)

    Sec. 60. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.