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