093_SB1468enr SB1468 Enrolled LRB093 08544 RLC 08770 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Controlled Substances Act is 5 amended by changing Section 401 as follows: 6 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401) 7 Sec. 401. Except as authorized by this Act, it is 8 unlawful for any person knowingly to: (i) manufacture or 9 deliver, or possess with intent to manufacture or deliver, a 10 controlled or counterfeit substance or controlled substance 11 analog or (ii) possess any methamphetamine manufacturing 12 chemical listed in paragraph (z-1) of Section 102 with the 13 intent to manufacture methamphetamine or the salt of an 14 optical isomer of methamphetamine or an analog thereof. A 15 violation of this Act with respect to each of the controlled 16 substances listed herein constitutes a single and separate 17 violation of this Act. For purposes of this Section, 18 "controlled substance analog" or "analog" means a substance 19 which is intended for human consumption, other than a 20 controlled substance, that has a chemical structure 21 substantially similar to that of a controlled substance in 22 Schedule I or II, or that was specifically designed to 23 produce an effect substantially similar to that of a 24 controlled substance in Schedule I or II. Examples of 25 chemical classes in which controlled substance analogs are 26 found include, but are not limited to, the following: 27 phenethylamines, N-substituted piperidines, morphinans, 28 ecgonines, quinazolinones, substituted indoles, and 29 arylcycloalkylamines. For purposes of this Act, a controlled 30 substance analog shall be treated in the same manner as the 31 controlled substance to which it is substantially similar. SB1468 Enrolled -2- LRB093 08544 RLC 08770 b 1 (a) Any person who violates this Section with respect to 2 the following amounts of controlled or counterfeit substances 3 or controlled substance analogs, notwithstanding any of the 4 provisions of subsections (c), (c-5), (d), (d-5), (e), (f), 5 (g) or (h) to the contrary, is guilty of a Class X felony and 6 shall be sentenced to a term of imprisonment as provided in 7 this subsection (a) and fined as provided in subsection (b): 8 (1) (A) not less than 6 years and not more than 30 9 years with respect to 15 grams or more but less than 10 100 grams of a substance containing heroin, or an 11 analog thereof; 12 (B) not less than 9 years and not more than 40 13 years with respect to 100 grams or more but less 14 than 400 grams of a substance containing heroin, or 15 an analog thereof; 16 (C) not less than 12 years and not more than 17 50 years with respect to 400 grams or more but less 18 than 900 grams of a substance containing heroin, or 19 an analog thereof; 20 (D) not less than 15 years and not more than 21 60 years with respect to 900 grams or more of any 22 substance containing heroin, or an analog thereof; 23 (2) (A) not less than 6 years and not more than 30 24 years with respect to 15 grams or more but less than 25 100 grams of a substance containing cocaine, or an 26 analog thereof; 27 (B) not less than 9 years and not more than 40 28 years with respect to 100 grams or more but less 29 than 400 grams of a substance containing cocaine, or 30 an analog thereof; 31 (C) not less than 12 years and not more than 32 50 years with respect to 400 grams or more but less 33 than 900 grams of a substance containing cocaine, or 34 an analog thereof; SB1468 Enrolled -3- LRB093 08544 RLC 08770 b 1 (D) not less than 15 years and not more than 2 60 years with respect to 900 grams or more of any 3 substance containing cocaine, or an analog thereof; 4 (3) (A) not less than 6 years and not more than 30 5 years with respect to 15 grams or more but less than 6 100 grams of a substance containing morphine, or an 7 analog thereof; 8 (B) not less than 9 years and not more than 40 9 years with respect to 100 grams or more but less 10 than 400 grams of a substance containing morphine, 11 or an analog thereof; 12 (C) not less than 12 years and not more than 13 50 years with respect to 400 grams or more but less 14 than 900 grams of a substance containing morphine, 15 or an analog thereof; 16 (D) not less than 15 years and not more than 17 60 years with respect to 900 grams or more of a 18 substance containing morphine, or an analog thereof; 19 (4) 200 grams or more of any substance containing 20 peyote, or an analog thereof; 21 (5) 200 grams or more of any substance containing a 22 derivative of barbituric acid or any of the salts of a 23 derivative of barbituric acid, or an analog thereof; 24 (6) 200 grams or more of any substance containing 25 amphetamine or any salt of an optical isomer of 26 amphetamine, or an analog thereof; 27 (6.5) (A) not less than 6 years and not more than 28 30 years with respect to 15 grams or more but less 29 than 100 grams of a substance containing 30 methamphetamine or any salt of an optical isomer of 31 methamphetamine, or an analog thereof; 32 (B) not less than 9 years and not more than 40 33 years with respect to 100 grams or more but less 34 than 400 grams of a substance containing SB1468 Enrolled -4- LRB093 08544 RLC 08770 b 1 methamphetamine or any salt of an optical isomer of 2 methamphetamine, or an analog thereof; 3 (C) not less than 12 years and not more than 4 50 years with respect to 400 grams or more but less 5 than 900 grams of a substance containing 6 methamphetamine or any salt of an optical isomer of 7 methamphetamine, or an analog thereof; 8 (D) not less than 15 years and not more than 9 60 years with respect to 900 grams or more of any 10 substance containing methamphetamine or any salt of 11 an optical isomer of methamphetamine, or an analog 12 thereof. 13 (6.6) (A) not less than 6 years and not more than 14 30 years for the possession of any methamphetamine 15 manufacturing chemical set forth in paragraph (z-1) 16 of Section 102 with intent to manufacture 30 grams 17 or more but less than 150 grams of any substance 18 containing methamphetamine, or salt of any optical 19 isomer of methamphetamine, or an analog thereof; 20 (B) not less than 6 years and not more than 40 21 years for the possession of any methamphetamine 22 manufacturing chemical set forth in paragraph (z-1) 23 of Section 102 with intent to manufacture 150 grams 24 or more but less than 500 grams of any substance 25 containing methamphetamine, or salt of an optical 26 isomer of methamphetamine, or an analog thereof; 27 (C) not less than 6 years and not more than 50 28 years for the possession of any methamphetamine 29 manufacturing chemical set forth in paragraph (z-1) 30 of Section 102 with intent to manufacture 500 grams 31 or more but less than 1200 grams of any substance 32 containing methamphetamine, or salt of an optical 33 isomer of methamphetamine, or an analog thereof; 34 (D) not less than 6 years and not more than 60 SB1468 Enrolled -5- LRB093 08544 RLC 08770 b 1 years for the possession of any methamphetamine 2 manufacturing chemical set forth in paragraph (z-1) 3 of Section 102 with intent to manufacture 1200 grams 4 or more of any substance containing methamphetamine, 5 or salt of an optical isomer of methamphetamine, or 6 an analog thereof; 7 (7) (A) not less than 6 years and not more than 30 8 years with respect to: (i) 15 grams or more but less 9 than 100 grams of a substance containing lysergic 10 acid diethylamide (LSD), or an analog thereof, or 11 (ii) 15 or more objects or 15 or more segregated 12 parts of an object or objects but less than 200 13 objects or 200 segregated parts of an object or 14 objects containing in them or having upon them any 15 amounts of any substance containing lysergic acid 16 diethylamide (LSD), or an analog thereof; 17 (B) not less than 9 years and not more than 40 18 years with respect to: (i) 100 grams or more but 19 less than 400 grams of a substance containing 20 lysergic acid diethylamide (LSD), or an analog 21 thereof, or (ii) 200 or more objects or 200 or more 22 segregated parts of an object or objects but less 23 than 600 objects or less than 600 segregated parts 24 of an object or objects containing in them or having 25 upon them any amount of any substance containing 26 lysergic acid diethylamide (LSD), or an analog 27 thereof; 28 (C) not less than 12 years and not more than 29 50 years with respect to: (i) 400 grams or more but 30 less than 900 grams of a substance containing 31 lysergic acid diethylamide (LSD), or an analog 32 thereof, or (ii) 600 or more objects or 600 or more 33 segregated parts of an object or objects but less 34 than 1500 objects or 1500 segregated parts of an SB1468 Enrolled -6- LRB093 08544 RLC 08770 b 1 object or objects containing in them or having upon 2 them any amount of any substance containing lysergic 3 acid diethylamide (LSD), or an analog thereof; 4 (D) not less than 15 years and not more than 5 60 years with respect to: (i) 900 grams or more of 6 any substance containing lysergic acid diethylamide 7 (LSD), or an analog thereof, or (ii) 1500 or more 8 objects or 1500 or more segregated parts of an 9 object or objects containing in them or having upon 10 them any amount of a substance containing lysergic 11 acid diethylamide (LSD), or an analog thereof; 12 (7.5) (A) not less than 6 years and not more than 30 13 years with respect to: (i) 15 grams or more but less 14 than 100 grams of a substance listed in paragraph 15 (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), 16 (21), (25), or (26) of subsection (d) of Section 17 204, or an analog or derivative thereof, or (ii) 15 18 or more pills, tablets, caplets, capsules, or 19 objects but less than 200 pills, tablets, caplets, 20 capsules, or objects containing in them or having 21 upon them any amounts of any substance listed in 22 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 23 (20.1), (21), (25), or (26) of subsection (d) of 24 Section 204, or an analog or derivative thereof; 25 (B) not less than 9 years and not more than 40 26 years with respect to: (i) 100 grams or more but 27 less than 400 grams of a substance listed in 28 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 29 (20.1), (21), (25), or (26) of subsection (d) of 30 Section 204, or an analog or derivative thereof, or 31 (ii) 200 or more pills, tablets, caplets, capsules, 32 or objects but less than 600 pills, tablets, 33 caplets, capsules, or objects containing in them or 34 having upon them any amount of any substance listed SB1468 Enrolled -7- LRB093 08544 RLC 08770 b 1 in paragraph (1), (2), (2.1), (3), (14.1), (19), 2 (20), (20.1), (21), (25), or (26) of subsection (d) 3 of Section 204, or an analog or derivative thereof; 4 (C) not less than 12 years and not more than 50 5 years with respect to: (i) 400 grams or more but 6 less than 900 grams of a substance listed in 7 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 8 (20.1), (21), (25), or (26) of subsection (d) of 9 Section 204, or an analog or derivative thereof, or 10 (ii) 600 or more pills, tablets, caplets, capsules, 11 or objects but less than 1,500 pills, tablets, 12 caplets, capsules, or objects containing in them or 13 having upon them any amount of any substance listed 14 in paragraph (1), (2), (2.1), (3), (14.1), (19), 15 (20), (20.1), (21), (25), or (26) of subsection (d) 16 of Section 204, or an analog or derivative thereof; 17 (D) not less than 15 years and not more than 60 18 years with respect to: (i) 900 grams or more of any 19 substance listed in paragraph (1), (2), (2.1), (3), 20 (14.1), (19), (20), (20.1), (21), (25), or (26) of 21 subsection (d) of Section 204, or an analog or 22 derivative thereof, or (ii) 1,500 or more pills, 23 tablets, caplets, capsules, or objects containing in 24 them or having upon them any amount of a substance 25 listed in paragraph (1), (2), (2.1), (3), (14.1), 26 (19), (20), (20.1), (21), (25), or (26) of 27 subsection (d) of Section 204, or an analog or 28 derivative thereof; 29 (8) 30 grams or more of any substance containing 30 pentazocine or any of the salts, isomers and salts of 31 isomers of pentazocine, or an analog thereof; 32 (9) 30 grams or more of any substance containing 33 methaqualone or any of the salts, isomers and salts of 34 isomers of methaqualone, or an analog thereof; SB1468 Enrolled -8- LRB093 08544 RLC 08770 b 1 (10) 30 grams or more of any substance 2 containing phencyclidine or any of the salts, isomers 3 and salts of isomers of phencyclidine (PCP), or an 4 analog thereof; 5 (10.5) 30 grams or more of any substance containing 6 ketamine or any of the salts, isomers and salts of 7 isomers of ketamine, or an analog thereof; 8 (11) 200 grams or more of any substance containing 9 any other controlled substance classified in Schedules I 10 or II, or an analog thereof, which is not otherwise 11 included in this subsection. 12 (b) Any person sentenced with respect to violations of 13 paragraph (1), (2), (3), (6.5), (6.6), (7), or (7.5) of 14 subsection (a) involving 100 grams or more of the controlled 15 substance named therein, may in addition to the penalties 16 provided therein, be fined an amount not more than $500,000 17 or the full street value of the controlled or counterfeit 18 substance or controlled substance analog, whichever is 19 greater. The term "street value" shall have the meaning 20 ascribed in Section 110-5 of the Code of Criminal Procedure 21 of 1963. Any person sentenced with respect to any other 22 provision of subsection (a), may in addition to the penalties 23 provided therein, be fined an amount not to exceed $500,000. 24 (c) Any person who violates this Section with regard to 25 the following amounts of controlled or counterfeit substances 26 or controlled substance analogs, notwithstanding any of the 27 provisions of subsections (a), (b), (d), (e), (f), (g) or (h) 28 to the contrary, is guilty of a Class 1 felony. The fine for 29 violation of this subsection (c) shall not be more than 30 $250,000: 31 (1) 1 gram or more but less than 15 grams of any 32 substance containing heroin, or an analog thereof; 33 (2) 1 gram or more but less than 15 grams of any 34 substance containing cocaine, or an analog thereof; SB1468 Enrolled -9- LRB093 08544 RLC 08770 b 1 (3) 10 grams or more but less than 15 grams of any 2 substance containing morphine, or an analog thereof; 3 (4) 50 grams or more but less than 200 grams of any 4 substance containing peyote, or an analog thereof; 5 (5) 50 grams or more but less than 200 grams of any 6 substance containing a derivative of barbituric acid or 7 any of the salts of a derivative of barbituric acid, or 8 an analog thereof; 9 (6) 50 grams or more but less than 200 grams of any 10 substance containing amphetamine or any salt of an 11 optical isomer of amphetamine, or an analog thereof; 12 (6.5) 5 grams or more but less than 15 grams of any 13 substance containing methamphetamine or any salt or 14 optical isomer of methamphetamine, or an analog thereof; 15 (7) (i) 5 grams or more but less than 15 grams of 16 any substance containing lysergic acid diethylamide 17 (LSD), or an analog thereof, or (ii) more than 10 objects 18 or more than 10 segregated parts of an object or objects 19 but less than 15 objects or less than 15 segregated parts 20 of an object containing in them or having upon them any 21 amount of any substance containing lysergic acid 22 diethylamide (LSD), or an analog thereof; 23 (7.5) (i) 5 grams or more but less than 15 grams of 24 any substance listed in paragraph (1), (2), (2.1), (3), 25 (14.1), (19), (20), (20.1), (21), (25), or (26) of 26 subsection (d) of Section 204, or an analog or derivative 27 thereof, or (ii) more than 10 pills, tablets, caplets, 28 capsules, or objects but less than 15 pills, tablets, 29 caplets, capsules, or objects containing in them or 30 having upon them any amount of any substance listed in 31 paragraph (1), (2), (2.1), (3), (14.1), (19), (20), 32 (20.1), (21), (25), or (26) of subsection (d) of Section 33 204, or an analog or derivative thereof; 34 (8) 10 grams or more but less than 30 grams of any SB1468 Enrolled -10- LRB093 08544 RLC 08770 b 1 substance containing pentazocine or any of the salts, 2 isomers and salts of isomers of pentazocine, or an analog 3 thereof; 4 (9) 10 grams or more but less than 30 grams of any 5 substance containing methaqualone or any of the salts, 6 isomers and salts of isomers of methaqualone, or an 7 analog thereof; 8 (10) 10 grams or more but less than 30 grams of any 9 substance containing phencyclidine or any of the salts, 10 isomers and salts of isomers of phencyclidine (PCP), or 11 an analog thereof; 12 (10.5) 10 grams or more but less than 30 grams of 13 any substance containing ketamine or any of the salts, 14 isomers and salts of isomers of ketamine, or an analog 15 thereof; 16 (11) 50 grams or more but less than 200 grams of 17 any substance containing a substance classified in 18 Schedules I or II, or an analog thereof, which is not 19 otherwise included in this subsection. 20 (c-5) Any person who violates this Section with regard 21 to possession of any methamphetamine manufacturing chemical 22 set forth in paragraph (z-1) of Section 102 with intent to 23 manufacture 15 grams or more but less than 30 grams of 24 methamphetamine, or salt of an optical isomer of 25 methamphetamine or any analog thereof, is guilty of a Class 1 26 felony. The fine for violation of this subsection (c-5) 27 shall not be more than $250,000. 28 (d) Any person who violates this Section with regard to 29 any other amount of a controlled or counterfeit substance 30 classified in Schedules I or II, or an analog thereof, which 31 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) 32 or an analog thereof, or (iii) any substance containing 33 amphetamine or methamphetamine or any salt or optical isomer 34 of amphetamine or methamphetamine, or an analog thereof, is SB1468 Enrolled -11- LRB093 08544 RLC 08770 b 1 guilty of a Class 2 felony. The fine for violation of this 2 subsection (d) shall not be more than $200,000. 3 (d-5) Any person who violates this Section with regard 4 to possession of any methamphetamine manufacturing chemical 5 set forth in paragraph (z-1) of Section 102 with intent to 6 manufacture less than 15 grams of methamphetamine, or salt of 7 an optical isomer of methamphetamine or any analog thereof, 8 is guilty of a Class 2 felony. The fine for violation of 9 this subsection (d-5) shall not be more than $200,000. 10 (e) Any person who violates this Section with regard to 11 any other amount of a controlled or counterfeit substance 12 classified in Schedule I or II, or an analog thereof, which 13 substance is not included under subsection (d) of this 14 Section, is guilty of a Class 3 felony. The fine for 15 violation of this subsection (e) shall not be more than 16 $150,000. 17 (f) Any person who violates this Section with regard to 18 any other amount of a controlled or counterfeit substance 19 classified in Schedule III is guilty of a Class 3 felony. The 20 fine for violation of this subsection (f) shall not be more 21 than $125,000. 22 (g) Any person who violates this Section with regard to 23 any other amount of a controlled or counterfeit substance 24 classified in Schedule IV is guilty of a Class 3 felony. The 25 fine for violation of this subsection (g) shall not be more 26 than $100,000. 27 (h) Any person who violates this Section with regard to 28 any other amount of a controlled or counterfeit substance 29 classified in Schedule V is guilty of a Class 3 felony. The 30 fine for violation of this subsection (h) shall not be more 31 than $75,000. 32 (i) This Section does not apply to the manufacture, 33 possession or distribution of a substance in conformance with 34 the provisions of an approved new drug application or an SB1468 Enrolled -12- LRB093 08544 RLC 08770 b 1 exemption for investigational use within the meaning of 2 Section 505 of the Federal Food, Drug and Cosmetic Act. 3 (j) The presence of any methamphetamine manufacturing 4 chemical in a sealed, factory imprinted container, including, 5 but not limited to a bottle, box, or plastic blister package, 6 at the time of seizure by law enforcement, is prima facie 7 evidence that the methamphetamine manufacturing chemical 8 located within the container is in fact the chemical so 9 described and in the amount and dosage listed on the 10 container. The factory imprinted container is admissible for 11 a violation of this Section for purposes of proving the 12 contents of the container. 13 (Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; 14 91-403, eff. 1-1-00; 92-16, eff. 6-28-01; 92-256, eff. 15 1-1-02; 92-698, eff. 7-19-02.)