Sen. Rachel Ventura

Filed: 5/14/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3695

2    AMENDMENT NO. ______. Amend Senate Bill 3695 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Compassionate Use and Research of Entheogens Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) The War on Drugs has given rise to significant
8    financial and social costs, and the policies behind the
9    War on Drugs reflect neither a modern understanding of
10    substance use nor the actual risks or potential
11    therapeutic benefits of the substances that have been
12    criminalized.
13        (2) Moreover, criminalization has not deterred drug
14    use. Instead, it has made drug use less safe and has
15    created an unregulated, underground market in which
16    dosages are difficult to verify and dangerous adulterants,

 

 

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1    such as fentanyl, are common.
2        (3) Lack of honest drug education has laid the
3    groundwork for decades of misinformation, stigma, and
4    cultural appropriation, which have all contributed to
5    increasing the dangers of drug use.
6        (4) Harm reduction tools, including drug-checking
7    kits, scales, and capsules, allow users to make safe and
8    more accurate, evidence-based decisions about their
9    personal use of these substances, and allowing the use of
10    such tools can increase public health and safety.
11        (5) Research is advancing to support the use of
12    psychedelic compounds, along with psychotherapy, to treat
13    mental health disorders, such as anxiety, depression,
14    post-traumatic stress disorder, and substance use
15    disorder.
16        (6) Voters of the city and county of Denver, Colorado
17    approved Ordinance 301 in May of 2019, making the personal
18    possession and use of the natural medicine psilocybin by
19    adults the lowest level of law enforcement priority in
20    Denver and to prohibit the city and county from spending
21    resources enforcing related penalties.
22        (7) Measures 109 and 110 in Oregon, which both passed
23    in November 2020, established a regulated psilocybin
24    therapy system in Oregon to provide people therapeutic
25    access to psilocybin and decriminalized the personal
26    possession of all drugs.

 

 

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1        (8) Almost 20 countries around the world, including
2    Portugal, the Czech Republic, and Spain, have expressly or
3    effectively decriminalized the personal use of all
4    substances.
5        (9) The City of Oakland, California, and the City of
6    Santa Cruz, California have passed resolutions
7    decriminalizing or deprioritizing the enforcement of laws
8    regulating the possession, use, and propagation of
9    psychedelic plants and fungi. Since June 2019, the
10    following cities have also decriminalized the possession,
11    use, and propagation of psychedelic plants and fungi at
12    the local level: Ann Arbor, Michigan; Somerville,
13    Massachusetts; and Cambridge, Massachusetts. In 2020,
14    Washington, D.C., passed Initiative 81 to decriminalize
15    and deprioritize the enforcement of laws regulating the
16    possession and use of psychedelic plants and fungi with
17    76% voter approval.
18        (10) The State of Colorado passed Proposition 122 in
19    November of 2022, decriminalizing the possession of
20    psychedelic plants and fungi and eventually allowing
21    state-licensed treatment centers to administer the
22    compounds of psychedelic plants and fungi under the
23    supervision of trained staff.
24        (11) To transition away from criminalization models
25    while protecting people who use or may use drugs and
26    reduce negative environmental or cultural impacts, it is

 

 

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1    necessary to review the full legal context in which these
2    changes to the law are made. It is also necessary to
3    incorporate evidence-based policy, consult with experts,
4    and maintain open discourse based in harm reduction,
5    reciprocity, and human rights during the process of
6    developing alternative regulatory systems.
7        (12) Criminalizing psychedelic plants and fungi has
8    denied people access to accurate education and harm
9    reduction information related to the use of psychedelic
10    compounds and limited the development of appropriate
11    training for first responders and multi-responders,
12    including law enforcement, emergency medical services, and
13    fire services.
14        (13) Illinoisans deserve more tools to address mental
15    health issues, including approaches using psychedelic
16    plants and fungi that are grounded in treatment, recovery,
17    cultural competency, and wellness rather than
18    criminalization, suffering, and punishment.
19        (14) This Act will allow for the noncommercial,
20    personal use and sharing of specified controlled
21    substances, including for the purpose of group counseling,
22    community-based healing, or other related services.
23        (15) These changes in law will not displace any
24    restrictions on driving or operating a vehicle while
25    impaired, an employer's ability to restrict the use of
26    controlled substances by its employees, or the legal

 

 

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1    standard for negligence.
2        (16) Peyote is specifically excluded from the list of
3    substances to be decriminalized, including any
4    cultivation, harvest, extraction, tincture, or other
5    product manufactured or derived from it, because of the
6    nearly endangered status of the peyote plant and the
7    special significance peyote holds in Native American
8    spirituality. Furthermore, this Act does not amend or
9    repeal paragraph (12) of subsection (d) of Section 204 of
10    the Illinois Controlled Substances Act, which identifies
11    peyote and its derivatives as a Schedule I drug.
12        (17) The State fully respects and supports the
13    continued Native American possession and use of peyote
14    under federal law, 42 U.S.C. 1996a, understanding that
15    Native Americans in the United States were persecuted and
16    prosecuted for their ceremonial practices, including the
17    use of peyote, for more than a century, and had to fight
18    numerous legal and political battles to achieve the
19    current protected status. The enactment of this
20    legislation does not intend to explicitly or implicitly
21    undermine that status.
22        (18) Research conducted by domestic and international
23    medical institutions indicates that psilocybin is
24    efficacious and safe for the treatment of a variety of
25    mental health conditions, including, but not limited to,
26    addiction, depression, anxiety disorders, headache

 

 

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1    disorders, and end-of-life psychological distress.
2        (19) The United States Food and Drug Administration
3    has:
4            (A) determined that preliminary clinical evidence
5        indicates that psilocybin may demonstrate substantial
6        improvement over available therapies for
7        treatment-resistant depression; and
8            (B) granted a "Breakthrough Therapy" designation
9        for a treatment that uses psilocybin as a therapy for
10        such depression.
11        (20) During the program development period, the
12    Department of Public Health, the Department of
13    Agriculture, the Department of Financial and Professional
14    Regulation, the Illinois State Police, and the Department
15    of Revenue shall:
16            (A) examine, publish, and distribute to the public
17        available medical, psychological, and scientific
18        studies, research, and other information relating to
19        the safety and efficacy of psilocybin in treating
20        mental health conditions; and
21            (B) adopt rules and regulations for the eventual
22        implementation of a comprehensive regulatory framework
23        that will allow persons 21 years of age and older in
24        this State to be provided psilocybin services.
25        (21) An Advisory Board shall be established for the
26    purpose of advising and making recommendations for program

 

 

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1    development.
 
2    Section 10. Purposes.
3    (a) The purpose of this Act is to establish a new,
4compassionate, and effective approach to entheogens by:
5        (1) adopting a public health and harm reduction
6    approach to natural medicines by removing criminal
7    penalties for the possession of some entheogens for
8    personal use by adults who are 21 years of age or older;
9        (2) developing and promoting public education related
10    to the use of entheogens and appropriate training for
11    first responders;
12        (3) reducing the prevalence of behavioral health
13    disorders among adults in this State to improve the
14    physical, mental, and social well-being of all people in
15    this State;
16        (4) promoting health and healing by reducing focus on
17    criminal punishments for persons who suffer from mental
18    health issues by establishing regulated access to natural
19    medicines through a humane, cost-effective, and
20    responsible approach;
21        (5) developing a long-term strategic plan for ensuring
22    that psilocybin services will become and remain a safe,
23    accessible, and affordable option for all persons 21 years
24    of age and older in this State for whom psilocybin may be
25    appropriate;

 

 

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1        (6) protecting the safety, welfare, health, and peace
2    of the people of this State by prioritizing this State's
3    limited law enforcement resources in the most effective,
4    consistent, and rational way; and
5        (7) after the program development period:
6            (A) permitting persons licensed, controlled, and
7        regulated by this State to legally manufacture
8        psilocybin products and provide psilocybin services to
9        persons 21 years of age and older, subject to the
10        provisions of this Act;
11            (B) establishing a comprehensive regulatory
12        framework concerning psilocybin products and
13        psilocybin services under State law; and
14            (C) preparing proposed rules for the addition of
15        botanical forms of dimethyltryptamine,
16        methylenedioxymethamphetamine, ibogaine (except
17        ibogaine from iboga), and mescaline (except mescaline
18        from peyote) to substances regulated under this Act on
19        or before June 1, 2027.
20    (b) The People of the State intend that the provisions of
21this Act, together with other provisions of State law, will
22prevent:
23        (1) the distribution of psilocybin products to other
24    persons who are not permitted to possess psilocybin
25    products under the provisions of this Act and rules
26    adopted under this Act, including, but not limited to,

 

 

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1    persons under 21 years of age; and
2        (2) the diversion of psilocybin products from this
3    State to other states.
 
4    Section 15. Construction. This Act may not be construed
5to:
6    (1) Require a government medical assistance program or
7private health insurer to reimburse a person for costs
8associated with the use of psilocybin products.
9    (2) Amend or affect State or federal law pertaining to
10employment matters.
11    (3) Amend or affect State or federal law pertaining to
12landlord-tenant matters.
13    (4) Prohibit a recipient of a federal grant or an
14applicant for a federal grant from prohibiting the
15manufacture, delivery, possession, or use of psilocybin
16products to the extent necessary to satisfy federal
17requirements for the grant.
18    (5) Prohibit a party to a federal contract or a person
19applying to be a party to a federal contract from prohibiting
20the manufacture, delivery, possession, or use of psilocybin
21products to the extent necessary to comply with the terms and
22conditions of the contract or to satisfy federal requirements
23for the contract.
24    (6) Require a person to violate a federal law.
25    (7) Exempt a person from a federal law or obstruct the

 

 

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1enforcement of a federal law.
2    (8) Amend or affect State law to the extent that a person
3does not manufacture, deliver, or possess psilocybin products
4in accordance with the provisions of this Act and rules
5adopted under this Act.
 
6    Section 20. Definitions. In this Act:
7    "Administration session" means a session held under the
8supervision of a facilitator at which a client consumes and
9experiences the effects of a psilocybin product under the
10supervision of a facilitator.
11    "Advisory Board" or "Board" means the Illinois Psilocybin
12Advisory Board established under Section 25.
13    "Client" means an individual who has received a referral
14for psilocybin service and who consumes a psilocybin product
15in an administration session in this State.
16    "Entheogen" means the following substances in any form,
17regardless of whether the substance is regulated under the
18federal Controlled Substances Act or the Illinois Controlled
19Substances Act:
20        (1) Dimethyltryptamine;
21        (2) Ibogaine, except ibogaine from iboga;
22        (3) Mescaline, except mescaline from peyote;
23        (4) Psilocybin; and
24        (5) Psilocin.
25    "Facilitator" means an individual who facilitates the

 

 

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1provision of a psilocybin service in this State.
2    "Integration session" means a meeting between a client and
3a facilitator that may occur after the client completes an
4administration session.
5    "Legal entity" means a corporation, limited liability
6company, limited partnership, or other legal entity that is
7registered with the office of the Secretary of State or with a
8comparable office of another jurisdiction.
9    "Licensee" means a person who holds a license issued under
10Section 80, 95, 105, or 275.
11    "Licensee representative" means an owner, director,
12officer, manager, employee, agent, or other representative of
13a licensee, to the extent that the person acts in a
14representative capacity.
15    "Manufacture" means the manufacture, planting,
16cultivation, growing, harvesting, production, preparation,
17propagation, compounding, conversion, or processing of a
18psilocybin product, directly or indirectly, by extraction from
19substances of natural origin, independently by means of
20chemical synthesis or by a combination of extraction and
21chemical synthesis. "Manufacture" includes any packaging or
22repackaging of the psilocybin product or labeling or
23relabeling of its container.
24    "Post-administration evaluation session" means a meeting
25between a client and a facilitator that must occur immediately
26following the conclusion of an administration session and

 

 

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1prior to the client's release from the service center.
2    "Premises" includes the following areas of a location
3licensed under this Act:
4        (1) All public and private enclosed areas at the
5    location that are used in the business operated at the
6    location, including offices, kitchens, restrooms, and
7    storerooms.
8        (2) All areas outside of a building that the
9    Department has specifically licensed for the manufacturing
10    of psilocybin products or the operation of a service
11    center.
12        (3) For a location that the Department has
13    specifically licensed for the operation of a service
14    center outside of a building, that portion of the location
15    used to operate the service center and provide a
16    psilocybin service to a client.
17    "Premises" does not include a primary residence, unless a
18primary residence is necessary for the provision of a
19psilocybin service to a recipient who is a hospice patient or
20who is unable to travel to a service center due to a chronic,
21life-threatening illness.
22    "Preparation session" means a meeting between a client and
23a facilitator that must occur before the client participates
24in an administration session.
25    "Program development period" means the period beginning on
26January 1 of the year following the year of enactment of this

 

 

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1Act and ending no later than 24 months after the beginning
2date.
3    "Psilocybin" means psilocybin or psilocin.
4    "Psilocybin product" means:
5        (1) psilocybin-producing fungi; or
6        (2) mixtures or substances containing a detectable
7    amount of psilocybin naturally produced from
8    psilocybin-producing fungi.
9    "Psilocybin product" does not include a psilocybin
10service.
11    "Psilocybin product manufacturer" means a person who
12manufactures a psilocybin product in this State.
13    "Psilocybin service" means a service provided to a client
14before, during, or after the client's consumption of a
15psilocybin product, including any of the following:
16        (1) a preparation session;
17        (2) an administration session;
18        (3) an integration session; or
19        (4) a post-administration evaluation session.
20    "Referral" means a recommendation in writing by a licensed
21physician, psychiatrist, professional counselor, clinical
22professional counselor, prescribing psychologist, clinical
23psychologist, clinical social worker, or an advanced practice
24registered nurse or physician's assistant who has prescribing
25authority through a collaborative agreement with a physician,
26provided to a patient for whom they determine psilocybin

 

 

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1service to be appropriate as a treatment or intervention for a
2medical or mental health condition.
3    "Service center" means an establishment at which:
4        (1) an administration session is held;
5        (2) a psilocybin product is purchased; or
6        (3) other psilocybin services may be provided.
7    "Service center operator" means a person who operates a
8service center in this State.
 
9    Section 25. Illinois Psilocybin Advisory Board; members;
10terms; meetings; compensation.
11    (a) The Illinois Psilocybin Advisory Board is established
12within the Department of Financial and Professional Regulation
13for the purpose of advising and making recommendations for the
14administration of this Act. The Illinois Psilocybin Advisory
15Board shall consist of the following members:
16        (1) the Secretary of Financial and Professional
17    Regulation or the Secretary's designee;
18        (2) the Director of Agriculture or the Director's
19    designee;
20        (3) the Director of Public Health or the Director's
21    designee;
22        (4) the Director of the Illinois State Police or the
23    Director's designee;
24        (5) the Director of Revenue or the Director's
25    designee;

 

 

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1        (6) the Secretary of Human Services or the Secretary's
2    designee;
3        (7) the Secretary of Veterans Affairs or the
4    Secretary's designee;
5        (8) the Illinois Chief Behavioral Health Officer;
6        (9) an expert in the field of public health, appointed
7    by the Governor with the advice and consent of the Senate;
8        (10) a local health official, appointed by the
9    Governor with the advice and consent of the Senate;
10        (11) an individual who is a member of or represents a
11    group that provides public health services directly to
12    members of the public, appointed by the Governor with the
13    advice and consent of the Senate;
14        (12) a psychologist who has experience engaging in the
15    diagnosis or treatment of mental, emotional, and
16    behavioral conditions, appointed by the Governor with the
17    advice and consent of the Senate;
18        (13) a psychiatrist licensed to practice in Illinois
19    who has experience engaging in the diagnosis or treatment
20    of mental, emotional, and behavioral conditions, appointed
21    by the Governor with the advice and consent of the Senate;
22        (14) a counselor licensed to practice in Illinois who
23    has experience engaging in the diagnosis or treatment of
24    mental, emotional, and behavioral conditions, appointed by
25    the Governor with the advice and consent of the Senate;
26        (15) a physician licensed to practice medicine in all

 

 

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1    its branches appointed by the Governor with the advice and
2    consent of the Senate;
3        (16) a doctor of osteopathic medicine licensed to
4    practice in Illinois, appointed by the Governor with the
5    advice and consent of the Senate;
6        (17) a naturopathic physician or a member of an
7    organization representing Naturopathic Physicians in
8    Illinois, appointed by the Governor with the advice and
9    consent of the Senate;
10        (18) an expert in the field of public health who has
11    obtained a doctorate degree in the field of public health,
12    community sciences, or a related health field, appointed
13    by the Governor with the advice and consent of the Senate;
14        (19) a licensed social worker or a licensed clinical
15    social worker, appointed by the Governor with the advice
16    and consent of the Senate;
17        (20) a representative of the Behavioral Health
18    Workforce Education Center of Illinois, appointed by the
19    Governor with the advice and consent of the Senate;
20        (21) at least 3 individuals who meet at least one of
21    the following qualifications, appointed by the Governor
22    with the advice and consent of the Senate:
23            (a) professional experience conducting scientific
24        research regarding the use of psychedelic compounds in
25        clinical therapy;
26            (b) experience in the field of mycology;

 

 

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1            (c) experience in the field of ethnobotany;
2            (d) experience in the field of psychopharmacology;
3        or
4            (e) experience in the field of psilocybin harm
5        reduction;
6        (22) a current or former member of the Senate,
7    appointed by the President of the Senate;
8        (23) a current or former member of the Senate,
9    appointed by the Minority Leader of the Senate;
10        (24) a current or former member of the House,
11    appointed by the Speaker of the House; and
12        (25) a current or former member of the House,
13    appointed by the Minority Leader of the House.
14    (c) The term of office for an Advisory Board member
15appointed under this Section is 4 years, but a member serves at
16the pleasure of the Governor. Before the expiration of the
17term of a member, the Governor shall appoint a successor whose
18term begins on January 1 of the following calendar year.
19Members may be eligible for reappointment. If there is a
20vacancy for any reason, the Governor shall make an appointment
21to serve in an acting capacity until approved by the Senate for
22the remainder of the unexpired term.
23    (d) A majority of the voting members of the Advisory Board
24constitutes a quorum for the transaction of business.
25    (e) Official action by the Advisory Board requires the
26approval of a majority of the voting members of the board.

 

 

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1    (f) The Advisory Board shall elect one of its voting
2members to serve as chairperson.
3    (g) During the program development period, the Advisory
4Board shall meet at least once every 2 calendar months at a
5time and place determined by the chairperson, or a majority of
6the voting members of the Advisory Board. After the program
7development period, the Advisory Board shall meet at least
8once every calendar quarter at a time and place determined by
9the chairperson or a majority of the voting members of the
10Advisory Board. The Advisory Board may also meet at other
11times and places specified by the call of the chairperson or of
12a majority of the voting members of the board.
13    (h) The Advisory Board may adopt policies and procedures
14necessary for the operation of the board.
15    (i) The Advisory Board may establish committees or
16subcommittees necessary for the operation of the board.
17    (j) Members of the Advisory Board shall not be paid a
18salary but shall be reimbursed for travel and other reasonable
19expenses incurred while fulfilling the responsibilities of the
20Advisory Board.
 
21    Section 30. Duties of the Illinois Psilocybin Advisory
22Board.
23    (a) The Illinois Psilocybin Advisory Board shall perform
24the following duties:
25        (1) Provide advice to the Department of Public Health,

 

 

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1    the Department of Agriculture, the Department of Financial
2    and Professional Regulation, the Illinois State Police,
3    and the Department of Revenue with respect to the
4    administration of this Act as it relates to accurate
5    public health approaches regarding use, effect, and risk
6    reduction of entheogens and the content and scope of
7    educational campaigns related to entheogens.
8        (2) Make recommendations on available medical,
9    psychological, and scientific studies, research, and other
10    information relating to the safety and efficacy of
11    psilocybin in treating mental health conditions,
12    including, but not limited to, addiction, depression,
13    anxiety and trauma disorders, headache disorders, and
14    end-of-life psychological distress.
15        (3) Study and review the Oregon Psilocybin Services
16    Act (Measure 109), the Colorado Natural Medicine Health
17    Act of 2022 (Proposition 122), and relevant initiatives to
18    legalize or decriminalize entheogen use in other states
19    and units of local government in an effort to determine
20    successes and pitfalls that may be applied to the
21    rulemaking process in Illinois.
22        (4) Review scientific and cultural literature
23    concerning ibogaine (except ibogaine from iboga),
24    mescaline (except mescaline from peyote), and botanical
25    forms of dimethlyltryptamine and make recommendations
26    concerning whether these substances may be included in

 

 

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1    this Act or a similar appropriate regulatory framework
2    based on medical, psychological, and scientific studies,
3    research, and other information related to the safety and
4    efficacy of each compound to avoid an unregulated de facto
5    market for other natural plants and fungi.
6        (5) Make recommendations on the requirements,
7    specifications, and guidelines for providing psilocybin
8    services to a client, including the following:
9            (A) The requirements, specifications, and
10        guidelines for holding and verifying the completion of
11        a preparation session, an administration session, and
12        an integration session.
13            (B) The contents of the client information form
14        that a client must complete and sign before the client
15        participates in an administration session, giving
16        particular consideration to the following:
17                (i) The information that should be solicited
18            from the client to determine whether the client
19            should participate in the administration session,
20            including information that may identify risk
21            factors and contraindications.
22                (ii) The information that should be solicited
23            from the client to assist the service center
24            operator and the facilitator in meeting any public
25            health and safety standards and industry best
26            practices during the administration session.

 

 

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1                (iii) The health and safety warnings and other
2            disclosures that should be made to the client
3            before the client participates in the
4            administration session.
5        (6) Make recommendations on public health and safety
6    standards and industry best practices for each type of
7    licensee under this Act.
8        (7) Make recommendations on the formulation of a code
9    of professional conduct for facilitators, giving
10    particular consideration to a code of ethics, cultural
11    responsibility, and outlining a clear process for
12    reporting complaints of unethical conduct by facilitators
13    or service center employees.
14        (8) Make recommendations on the education, experience,
15    and training that facilitators must achieve, giving
16    particular consideration to the following and including
17    whether such education, experience, and training should be
18    available through online resources:
19            (A) Facilitation skills that are affirming,
20        nonjudgmental, nondirective, trauma-informed, and
21        rooted in informed consent.
22            (B) Support skills for clients during an
23        administration session, including specialized skills
24        for the following:
25                (i) client safety;
26                (ii) clients who may have a mental health

 

 

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1            condition;
2                (iii) appropriate boundaries, heightened
3            transference in expanded states of consciousness,
4            and special precautions related to the use of
5            touch in psilocybin sessions;
6                (iv) crisis assessment and appropriate
7            referral for those who need ongoing support if
8            challenging mental health issues emerge in
9            psilocybin sessions;
10            (C) the environment in which psilocybin services
11        should occur;
12            (D) social and cultural considerations; and
13            (E) affordable, equitable, ethical, and culturally
14        responsible access to entheogens and requirements to
15        ensure that the regulated entheogen access program is
16        equitable and inclusive.
17        (9) Make recommendations on the examinations that
18    facilitators must pass.
19        (10) Make recommendations on public health and safety
20    standards and industry best practices for holding and
21    completing an administration session, including the
22    following:
23            (A) best practices surrounding group
24        administration;
25            (B) how clients can safely access common or
26        outside areas on the premises at which the

 

 

10300SB3695sam002- 23 -LRB103 39207 LNS 73437 a

1        administration session is held;
2            (C) the circumstances under which an
3        administration session is considered complete; and
4            (D) the transportation needs of the client after
5        the completion of the administration session.
6        (11) Develop a long-term strategic plan for ensuring
7    that psilocybin services will become and remain a safe,
8    accessible, and affordable therapeutic option for all
9    persons 21 years of age and older in this State for whom
10    psilocybin may be appropriate.
11        (12) Monitor and study federal laws, regulations, and
12    policies regarding psilocybin.
13        (13) On an ongoing basis, review and evaluate existing
14    research studies and real-world data related to entheogens
15    and make recommendations to the General Assembly and
16    relevant State agencies as to whether entheogens and
17    associated services should be covered under any Illinois
18    State health insurance or other insurance program as a
19    cost-effective intervention for various mental health
20    conditions, including, but not limited to, anxiety,
21    substance use disorder, alcoholism, depressive disorders,
22    neurological disorders, post-traumatic stress disorder,
23    other painful conditions, including, but not limited to,
24    cluster headaches, migraines, cancer, and phantom limbs,
25    and comfort care, including palliative care, support care,
26    and hospice care.

 

 

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1        (14) On an ongoing basis, review and evaluate
2    sustainability issues related to natural entheogens and
3    their impact on indigenous cultures and document existing
4    reciprocity efforts and continuing support measures that
5    are needed as part of the Advisory Board's annual report.
6        (15) Publish an annual report describing the Advisory
7    Board's activities, including, but not limited to, any
8    recommendations and advice to the Department of Public
9    Health, the Department of Agriculture, the Department of
10    Financial and Professional Regulation, the Illinois State
11    Police, the Department of Revenue, or the General
12    Assembly.
13    (b) The Department of Financial and Professional
14Regulation shall provide technical, logistical, and other
15support to the Advisory Board, as requested by the Advisory
16Board, to assist the Advisory Board with its duties and
17obligations.
 
18    Section 35. General powers and duties; rules.
19    (a) The Department of Public Health, the Department of
20Agriculture, the Department of Financial and Professional
21Regulation, the Illinois State Police, and the Department of
22Revenue have the duties, functions, and powers necessary or
23proper to enable each agency to carry out their duties,
24functions, and powers under this Act. This includes the duty
25to regulate the manufacturing, transportation, delivery, sale,

 

 

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1and purchase of psilocybin products and the provision of
2psilocybin services in this State in accordance with the
3provisions of this Act. The Department of Public Health, the
4Department of Agriculture, the Department of Financial and
5Professional Regulation, the Illinois State Police, and the
6Department of Revenue may adopt, amend, or repeal rules as
7necessary to carry out the intent and provisions of this Act,
8including rules necessary to protect public health and safety.
9    (b) The Department of Public Health, the Department of
10Agriculture, the Department of Financial and Professional
11Regulation, the Illinois State Police, and the Department of
12Revenue shall enter into intergovernmental agreements, as
13necessary, to carry out the provisions of this Act, including,
14but not limited to, the provisions relating to the
15registration and oversight of any person who produces,
16possesses, transports, delivers, sells, or purchases a
17psilocybin product in this State or who provides a psilocybin
18service in this State. There shall be no requirement that a
19client be diagnosed with or have any particular medical
20condition as a prerequisite to being provided psilocybin
21services.
22    (c) The Department of Public Health, the Department of
23Agriculture, and the Department of Financial and Professional
24Regulation may suspend, revoke, or impose other penalties upon
25a person licensed under this Act for violations of this Act and
26any rules adopted in accordance with this Act. The suspension

 

 

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1or revocation of a license or imposition of any other penalty
2upon a licensee is a final Agency action subject to judicial
3review. Jurisdiction and venue for judicial review are vested
4in the circuit court.
5    (d) The Department of Public Health shall examine,
6publish, and distribute to the public available medical,
7psychological, and scientific studies, research, and other
8information relating to the safety and efficacy of psilocybin
9in treating mental health conditions, including, but not
10limited to, addiction, depression, anxiety disorders, headache
11disorders, and end-of-life psychological distress.
12    (e) The Department of Agriculture shall issue, renew,
13suspend, revoke, or refuse to issue or renew licenses for the
14manufacturing and testing of psilocybin products and to
15permit, at the Department of Agriculture's discretion, the
16transfer of licenses. There shall be no requirement that a
17psilocybin product be manufactured by means of chemical
18synthesis.
19    (f) The Department of Financial and Professional
20Regulation shall issue, renew, suspend, revoke, or refuse to
21issue or renew licenses for the sale of psilocybin products,
22the provision of psilocybin services, or other licenses
23related to the consumption of psilocybin products, and to
24permit, at the Department's discretion, the transfer of a
25license between persons.
26    (g) Any fees collected pursuant to this Section shall be

 

 

10300SB3695sam002- 27 -LRB103 39207 LNS 73437 a

1deposited into the Psilocybin Control and Regulation Fund.
 
2    Section 40. Authority to purchase, possess, seize,
3transfer to a licensee, or dispose of psilocybin products.
4Subject to any applicable provision of State law, the
5Department of Public Health, the Department of Agriculture,
6the Department of Financial and Professional Regulation, the
7Illinois State Police, and the Department of Revenue may
8purchase, possess, seize, transfer to a licensee, or dispose
9of psilocybin products as is necessary to ensure compliance
10with and enforce the provisions of this Act and any rule
11adopted under this Act.
 
12    Section 45. Program development period; dates.
13    (a) Unless the General Assembly provides otherwise, the
14Department may not issue any licenses under this Act during
15the program development period.
16    (b) On or before February 28 of the year following the
17effective date of this Act, the Governor, the Senate
18President, and the Speaker of the House shall appoint the
19individuals specified in subsection (b) of Section 25 to the
20Advisory Board.
21    (c) On or before March 31 of the year following the
22effective date of this Act, the Advisory Board shall hold its
23first meeting at a time and place specified by the Governor.
24    (d) On or before June 30 of the year following the

 

 

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1effective date of this Act, and on a regular basis after that
2date, the Advisory Board shall submit its findings and
3recommendations to the Department of Public Health, the
4Department of Agriculture, the Department of Financial and
5Professional Regulation, the Illinois State Police, and the
6Department of Revenue on available medical, psychological, and
7scientific studies, research, and other information relating
8to the safety and efficacy of psilocybin and other entheogens
9in treating mental health conditions, including, but not
10limited to, addiction, depression, anxiety disorders, headache
11disorders, and end-of-life psychological distress.
12    (e) On or before June 30 of the year 2 years after the
13effective date of this Act, the Advisory Board shall submit
14its findings and recommendations concerning the following:
15        (1) rules and regulations for the implementation of
16    this Act;
17        (2) a long-term strategic plan for ensuring that
18    psilocybin services will become and remain a safe,
19    accessible, and affordable therapeutic option for all
20    persons 21 years of age and older in this State for whom
21    psilocybin may be appropriate; and
22        (3) with respect to federal laws, regulations, and
23    policies regarding psilocybin and other entheogens.
24    (f) On or before July 31 of the year 2 years after the
25effective date of this Act, and on a regular basis after that
26date, the Department of Public Health shall publish and

 

 

10300SB3695sam002- 29 -LRB103 39207 LNS 73437 a

1distribute to the public available medical, psychological, and
2scientific studies, research, and other information relating
3to the safety and efficacy of psilocybin and other entheogens
4in treating mental health conditions, including, but not
5limited to, addiction, depression, anxiety disorders, headache
6disorders, and end-of-life psychological distress.
7    (g) On or before before June 30 of the year 3 years after
8the effective date of this Act, the Department of Public
9Health, the Department of Agriculture, the Department of
10Revenue, and the Department of Financial and Professional
11Regulation shall prescribe forms and adopt such rules as the
12Departments deem necessary for the implementation of this Act.
13The Department of Public Health, the Department of
14Agriculture, the Department of Revenue, the Illinois State
15Police, and the Department of Financial and Professional
16Regulation shall hold at least one public hearing regarding
17this rulemaking. The public hearing may be held jointly or the
18Departments may hold individual hearings.
 
19    Section 50. Licensing.
20    (a) On or before July 1 of the year 3 years after the
21effective date of this Act:
22        (1) The Department of Financial and Professional
23    Regulation shall begin receiving applications for the
24    licensing of persons to:
25            (A) operate a service center; and

 

 

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1            (B) facilitate psilocybin services.
2        (2) The Department of Agriculture shall begin
3    receiving applications for the licensing of persons to:
4            (A) manufacture psilocybin products; and
5            (B) test psilocybin products.
6    (b) Except as provided in subsection (c), an applicant for
7a license or renewal of a license issued under this Act shall
8apply to the appropriate Department in the form required by
9that Department, by rule, showing the name and address of the
10applicant, the location of the facility that is to be operated
11under the license, and other pertinent information required by
12the Department. The Department may not issue or renew a
13license until the applicant has complied with the provisions
14of this Act and rules adopted under this Act.
15    (b-5) If an application does not meet the technical
16standards set forth by the applicable Department, the
17Department must notify the applicant and provide the applicant
18with at least 30 days after the applicant receives notice of
19the deficiency to rectify the application materials.
20    (c) A Department may reject any application that is not
21submitted in the form required by the Department by rule. The
22approval or denial of any application is a final decision of
23the Department subject to judicial review. Jurisdiction and
24venue are vested in the circuit court.
25    (d) Except as provided in subsection (c), a revocation of
26or refusal to issue or renew a license issued under this Act is

 

 

10300SB3695sam002- 31 -LRB103 39207 LNS 73437 a

1a final decision of the Department subject to judicial review.
2Jurisdiction and venue are vested in the circuit court.
3    (e) An applicant for a facilitator license or renewal of a
4facilitator license issued under Section 105 need not show the
5location of any premises.
6    (f) The Department of Financial and Professional
7Regulation or the Department of Agriculture shall not license
8an applicant under the provisions of this Act if the applicant
9is under 21 years of age.
10    (g) The Department of Financial or Professional Regulation
11or the Department of Agriculture shall refuse to issue a
12license or may issue a restricted license to an applicant
13under the provisions of this Act if the Department finds that
14the applicant meets any of the following conditions:
15        (1) has failed to complete any of the education or
16    training required by the provisions of this Act or rules
17    adopted under this Act;
18        (2) has failed to complete any of the examinations
19    required by the provisions of this Act or rules adopted
20    under this Act;
21        (3) is in the habit of using alcoholic beverages,
22    habit-forming drugs, or controlled substances to excess as
23    determined by the Department;
24        (4) has made false statements to the Department;
25        (5) is incompetent or physically unable to carry on
26    the management of the establishment proposed to be

 

 

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1    licensed as determined by the Department;
2        (6) has been convicted of violating a federal law,
3    State law, or local ordinance if the conviction is
4    substantially related to the fitness and ability of the
5    applicant to lawfully carry out activities under the
6    license;
7        (7) is not of good repute and moral character as
8    determined by the Department;
9        (8) does not have a good record of compliance with
10    this Act or any rule adopted under this Act;
11        (9) is not the legitimate owner of the premises
12    proposed to be licensed or has not disclosed that any
13    other person has an ownership interest in the premises
14    proposed to be licensed;
15        (10) has not demonstrated financial responsibility
16    sufficient to adequately meet the requirements of the
17    premises proposed to be licensed; or
18        (11) is unable to understand the laws of this State
19    relating to psilocybin products, psilocybin services, or
20    the rules adopted under this Act.
21    (h) Notwithstanding paragraph (6) of subsection (g), in
22determining whether to issue a license or a restricted license
23to an applicant, the Department of Financial and Professional
24Regulation or the Department of Agriculture shall not consider
25the prior conviction of the applicant or any owner, director,
26officer, manager, employee, agent, or other representative of

 

 

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1the applicant for the following:
2        (1) The manufacture of psilocybin or the manufacture
3    of cannabis, as defined under Section 1-10 of the Cannabis
4    Regulation and Tax Act, or cannabis product if any of the
5    following apply:
6            (A) The date of the conviction is 2 or more years
7        before the date of the application.
8            (B) The person has not been convicted more than
9        once for the manufacture of psilocybin.
10        (2) The possession of a controlled substance, as
11    defined in the Illinois Controlled Substances Act, if any
12    of the following apply:
13            (A) The date of the conviction is 2 or more years
14        before the date of the application.
15            (B) The person has not been convicted more than
16        once for the possession of a controlled substance.
17    (i) The Department of Financial and Professional
18Regulation and the Department of Agriculture shall not issue a
19license pursuant to this Act if the licensee, principal
20officer, board member, or person having a financial or voting
21interest of 5% or greater in the licensee or applicant, or the
22agent thereof is delinquent in filing any required tax returns
23or paying any amounts owed to the State.
 
24    Section 55. Authority to require fingerprints. The
25Department of Agriculture or the Department of Financial and

 

 

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1Professional Regulation, through the Illinois State Police,
2may require the fingerprints of any individual listed on an
3application to perform any of the functions listed in
4subsection (a) of Section 50 for purposes of conducting a
5background check. The Department of Agriculture or the
6Department of Financial and Professional Regulation may
7require fingerprints to be submitted for a background check
8prior to or after the submission of an application. The
9Illinois State Police shall charge a fee for conducting the
10criminal history record check, which shall be deposited in the
11State Police Services Fund and shall not exceed the actual
12cost of the record check. In order to carry out this provision,
13each person applying to perform one of the functions listed in
14subsection (a) of Section 50 may be required to submit a full
15set of fingerprints to the Illinois State Police for the
16purpose of obtaining a State and federal criminal records
17check. These fingerprints shall be checked against the
18fingerprint records now and hereafter, to the extent allowed
19by law, filed in the Illinois State Police and Federal Bureau
20of Investigation criminal history records databases. The
21Illinois State Police shall furnish, following positive
22identification, all Illinois conviction information to the
23Department of Agriculture or the Department of Financial and
24Professional Regulation. The Department of Agriculture or the
25Department of Financial and Professional Regulation, through
26the Illinois State Police, may require the fingerprints of the

 

 

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1following persons:
2        (1) If the applicant is a limited partnership, each
3    general partner of the limited partnership.
4        (2) If the applicant is a manager-managed limited
5    liability company, each manager of the limited liability
6    company.
7        (3) If the applicant is a member-managed limited
8    liability company, each voting member of the limited
9    liability company.
10        (4) If the applicant is a corporation, each director
11    and officer of the corporation.
12        (5) Any individual who holds a financial interest of
13    10% or more in the person applying for the license.
 
14    Section 60. Properties of license. A license issued under
15this Act is all of the following:
16        (1) a personal privilege;
17        (2) renewable in the manner provided under Section 50,
18    except for a cause that would be grounds for refusal to
19    issue the license under Section 50;
20        (3) subject to revocation or suspension as provided in
21    Section 185;
22        (4) except for a license issued to a facilitator under
23    Section 105, transferable from the premises for which the
24    license was originally issued to another premises subject
25    to the provisions of this Act, applicable rules adopted

 

 

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1    under this Act, and applicable local ordinances;
2        (5) subject to expiration upon the death of the
3    licensee, if the license was issued to an individual
4    except as provided under subsection (p) of Section 155;
5        (6) not considered property;
6        (7) not alienable;
7        (8) not subject to attachment or execution; and
8        (9) not subject to descent by the laws of testate or
9    intestate succession.
 
10    Section 65. Duties of the Departments with respect to
11issuing licenses.
12    (a) The Department of Financial and Professional
13Regulation or the Department of Agriculture shall approve or
14deny an application to be licensed under this Act. Upon
15receiving an application under Section 50, the Department may
16not unreasonably delay processing, approving, or denying the
17application or, if the application is approved, issuing the
18license.
19    (b) The licenses described in this Act must be issued by
20the Department of Financial and Professional Regulation or the
21Department of Agriculture subject to the provisions of this
22Act and rules adopted under this Act.
23    (c) The Department of Financial and Professional
24Regulation may not license premises that do not have defined
25boundaries. Premises do not need to be enclosed by a wall,

 

 

10300SB3695sam002- 37 -LRB103 39207 LNS 73437 a

1fence, or other structure, but the Department of Financial and
2Professional Regulation may require premises to be enclosed as
3a condition of issuing or renewing a license. The Department
4of Financial and Professional Regulation may not license
5mobile premises.
 
6    Section 70. Lawful manufacture, delivery, and possession
7of psilocybin products. A licensee or licensee representative
8may manufacture, deliver, or possess a psilocybin product
9subject to the provisions of this Act and rules adopted under
10this Act. The manufacture, delivery, or possession of a
11psilocybin product by a licensee or a licensee representative
12in compliance with this Act and rules adopted under this Act
13does not constitute a criminal or civil offense under the laws
14of this State.
 
15    Section 75. Restriction on financial interests in multiple
16licensees.
17    (a) An individual may not have a financial interest in
18either of the following:
19        (1) More than one psilocybin product manufacturer.
20        (2) More than 5 service center operators.
21    (b) Subject to subsection (a), a person may hold multiple
22service center operator licenses under Section 95 and may hold
23both a manufacturer license under Section 80 and a service
24center operator license under Section 95 at the same or

 

 

10300SB3695sam002- 38 -LRB103 39207 LNS 73437 a

1different premises.
 
2    Section 80. License to manufacture psilocybin products.
3    (a) The manufacture of psilocybin products is subject to
4regulation by the Department of Agriculture.
5    (b) A psilocybin product manufacturer must have a
6manufacturer license issued by the Department of Agriculture
7for the premises at which the psilocybin products are
8manufactured. To hold a manufacturer license issued under this
9Section, a psilocybin product manufacturer must comply with
10the following:
11        (1) apply for a license in the manner described in
12    Section 50; and
13        (2) provide proof that the applicant is 21 years of
14    age or older.
15    (c) If the applicant is not the owner of the premises at
16which the psilocybin is to be manufactured, the applicant
17shall submit to the Department of Agriculture signed informed
18consent from the owner of the premises to manufacture
19psilocybin at the premises. The Department of Agriculture may
20adopt rules regarding the informed consent described in this
21subsection.
22    (d) The Department of Agriculture shall adopt rules that
23comply with the following:
24        (1) require a psilocybin product manufacturer to
25    annually renew a license issued under this Section;

 

 

10300SB3695sam002- 39 -LRB103 39207 LNS 73437 a

1        (2) establish application, licensure, and renewal of
2    licensure fees for psilocybin product manufacturers; and
3        (3) require psilocybin products manufactured by
4    psilocybin product manufacturers to be tested in
5    accordance with Section 270.
6    (e) Fees adopted under paragraph (2) of subsection (d) may
7not exceed, together with other fees collected under this Act,
8the cost of administering this Act and shall be deposited into
9the Psilocybin Control and Regulation Fund.
 
10    Section 85. Psilocybin product manufacturers;
11endorsements.
12    (a) The Department of Agriculture shall adopt rules that
13designate different types of manufacturing activities. A
14psilocybin product manufacturer may only engage in a type of
15manufacturing activity if the psilocybin product manufacturer
16has received an endorsement from the Department for that type
17of manufacturing activity.
18    (b) An applicant must request an endorsement upon
19submission of an initial application but may also request an
20endorsement at any time following licensure.
21    (c) Only one application and license fee is required
22regardless of how many endorsements an applicant or licensee
23requests or at what time the request is made.
24    (d) A psilocybin product manufacturer licensee may hold
25multiple endorsements.

 

 

10300SB3695sam002- 40 -LRB103 39207 LNS 73437 a

1    (e) The Department of Agriculture may deny a psilocybin
2product manufacturer's request for an endorsement or revoke an
3existing endorsement if the psilocybin product manufacturer
4cannot or does not meet the requirements for the endorsement
5that is requested.
 
6    Section 90. Psilocybin product quantities; rules. The
7Department of Agriculture shall adopt rules restricting the
8quantities of psilocybin products at premises for which a
9license has been issued under Section 80. In adopting rules
10under this Section, the Department shall take into
11consideration the demand for psilocybin services in this
12State, the number of psilocybin product manufacturers applying
13for a license under Section 80, the number of psilocybin
14product manufacturers that hold a license issued under Section
1580, and whether the availability of psilocybin products in
16this State is commensurate with the demand for psilocybin
17services.
 
18    Section 95. License to operate a service center.
19    (a) The operation of a service center is subject to
20regulation by the Department of Financial and Professional
21Regulation.
22    (b) A service center operator must have a service center
23operator license issued by the Department of Financial and
24Professional Regulation for the premises at which psilocybin

 

 

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1services are provided. To hold a service center operator
2license under this Section, a service center operator must
3comply with the following:
4        (1) apply for a license in the manner described in
5    Section 50;
6        (2) provide proof that the applicant is 21 years of
7    age or older;
8        (3) ensure that the service center is located in an
9    area that is not within the limits of an area zoned
10    exclusively for residential use;
11        (4) ensure that the service center is not located
12    within 1,000 feet of a public, private, or parochial
13    school; and
14        (5) meet the requirements of any rule adopted by the
15    Department of Financial and Professional Regulation under
16    subsection (c).
17    (c) The Department of Financial and Professional
18Regulation shall adopt rules that comply with the following:
19        (1) require a service center operator to annually
20    renew a license issued under this Section;
21        (2) establish application, licensure, and renewal of
22    licensure fees for service center operators;
23        (3) require psilocybin products sold by a service
24    center operator to be tested in accordance with Section
25    270; and
26        (4) require a service center operator to meet any

 

 

10300SB3695sam002- 42 -LRB103 39207 LNS 73437 a

1    public health and safety standards and industry best
2    practices established by the Department by rule.
3    Fees adopted under paragraph (2) of this subsection may
4not exceed, together with other fees collected under this Act,
5the cost of administering this Act and shall be deposited into
6the Psilocybin Control and Regulation Fund established under
7Section 190.
 
8    Section 100. Establishment of schools after issuance of
9license.
10    (a) If a school described under paragraph (5) of
11subsection (b) of Section 95 that has not previously been
12attended by children is established within 1,000 feet of
13premises for which a license has been issued under Section 95,
14the service center operator located at that premises may
15remain at that location unless the Department of Financial and
16Professional Regulation revokes the license of the service
17center operator under Section 175.
18    (b) The Department of Financial and Professional
19Regulation may adopt rules establishing the circumstances
20under which the Department may require a service center
21operator that holds a license issued under Section 95 to use an
22age verification scanner or any other equipment used to verify
23a person's age for the purpose of ensuring that the service
24center operator does not sell psilocybin products to a person
25under 21 years of age. Information obtained under this

 

 

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1subsection may not be retained after verifying a person's age
2and may not be used for any purpose other than verifying a
3person's age.
 
4    Section 105. License to facilitate psilocybin services.
5    (a) The facilitation of psilocybin services is subject to
6regulation by the Department of Financial and Professional
7Regulation.
8    (b) A facilitator must have a facilitator license issued
9by the Department of Financial and Professional Regulation. To
10hold a facilitator license issued under this Section, a
11facilitator must comply with the following:
12        (1) apply for a license in the manner described in
13    Section 50;
14        (2) provide proof that the applicant is 21 years of
15    age or older;
16        (3) have either:
17            (i) a baccalaureate degree from an accredited
18        university or college;
19            (ii) a high school diploma or its equivalent and
20        demonstrable experience administering psilocybin in a
21        manner of cultural significance as part of a
22        tradition, ceremony, or rite that is more than merely
23        recreational use; or
24            (iii) a high school diploma or its equivalent and
25        be licensed or certified as at least one of the

 

 

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1        following in good standing in Illinois:
2                (A) licensed behavior analyst as defined under
3            the Behavior Analyst Licensing Act;
4                (B) clinical psychologist or prescribing
5            psychologist as defined under the Clinical
6            Psychologist Licensing Act;
7                (C) licensed clinical social worker or
8            licensed social worker as defined under the
9            Clinical Social Work and Social Work Practice Act;
10                (D) licensed marriage and family therapist as
11            defined under the Marriage and Family Therapy
12            Licensing Act;
13                (E) licensed professional music therapist as
14            defined under the Music Therapy Licensing and
15            Practice Act;
16                (F) physician as defined under the Medical
17            Practice Act of 1987;
18                (G) certified nurse midwife or licensed
19            certified professional midwife as defined under
20            the Licensed Certified Professional Midwife
21            Practice Act;
22                (H) advanced practice registered nurse,
23            license-pending registered nurse, licensed
24            practical nurse, or registered nurse as defined
25            under the Nurse Practice Act;
26                (I) occupational therapist as defined under

 

 

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1            the Illinois Occupational Therapy Practice Act;
2                (J) licensed pharmacist under the Pharmacy
3            Practice Act;
4                (K) physician assistant as defined under the
5            Physician Assistant Practice Act of 1987;
6                (L) licensed professional counselor or
7            licensed clinical professional counselor as
8            defined under the Professional Counselor and
9            Clinical Professional Counselor Licensing and
10            Practice Act;
11                (M) naprapath as defined under the Naprapathic
12            Practice Act;
13                (N) licensed orthoptist, licensed pedorthist,
14            a licensed podiatric physician, or a licensed
15            prosthetist as defined under the Orthotics,
16            Prosthetics, and Pedorthics Practice Act;
17                (O) certified Recovery Support Specialist
18            certified by the Illinois Certification Board;
19                (P) certified Peer Recovery Specialist; or
20                (Q) certified alcohol and drug counselor.
21        (4) submit evidence of completion of education and
22    training prescribed and approved by the Department;
23        (5) have passed an examination approved, administered,
24    or recognized by the Department; and
25        (6) meet the requirements of any rule adopted by the
26    Department under subsection (d).

 

 

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1    (c) The Department of Financial and Professional
2Regulation shall adopt rules that comply with the following:
3        (1) require a facilitator to annually renew a license
4    issued under this Section;
5        (2) establish application, licensure, and renewal of
6    licensure fees for facilitators;
7        (3) require a facilitator to meet any public health
8    and safety standards and industry best practices
9    established by the Department by rule.
10    (d) Fees adopted under paragraph (2) of subsection (d) may
11not exceed, together with other fees collected under this Act,
12the cost of administering this Act and shall be deposited into
13the Psilocybin Control and Regulation Fund.
14    (e) A facilitator may be, but need not be, an employee,
15manager, director, officer, partner, member, shareholder, or
16direct or indirect owner of one or more service center
17operators.
18    (f) A license issued to a facilitator under this Section
19is not limited to any one or more premises.
 
20    Section 110. License examinations; rules. The Department
21of Financial and Professional Regulation shall offer an
22examination for applicants for licenses to facilitate
23psilocybin services at least twice a year. An applicant who
24fails any part of the examination may retake the failed
25section in accordance with rules adopted by the Department.

 

 

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1The rules adopted by the Department in accordance with this
2Section shall require that applicants for facilitator licenses
3retake any training program required for licensure by the
4Department if the applicant has failed an examination twice in
5a row prior to being permitted to retake the test for a third
6time. Such retraining shall be required after any subsequent
7instances of an applicant failing the examination twice in a
8row.
 
9    Section 115. Age verification. The Department of
10Financial and Professional Regulation may adopt rules
11establishing the circumstances under which the Department may
12require a facilitator that holds a license issued under
13Section 105 to use an age verification scanner or any other
14equipment used to verify a person's age for the purpose of
15ensuring that the facilitator does not provide psilocybin
16services to a person under 21 years of age. Information
17obtained under this Section may not be retained after
18verifying a person's age and may not be used for any purpose
19other than verifying a person's age.
 
20    Section 120. Psilocybin services. The Department of
21Financial and Professional Regulation shall adopt by rule the
22requirements, specifications, and guidelines for the
23following:
24        (1) providing psilocybin services to a client;

 

 

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1        (2) holding and verifying the completion of a
2    preparation session;
3        (3) having a client complete, sign, and deliver a
4    client information form to a service center operator and a
5    facilitator;
6        (4) holding and verifying the completion of an
7    administration session; and
8        (5) holding and verifying the completion of an
9    integration session.
 
10    Section 125. Preparation session.
11    (a) Before a client participates in an administration
12session, the client must attend a preparation session with a
13facilitator. A preparation session is intended to provide
14individuals with comprehensive information about the potential
15risks and benefits of the use of psilocybin.
16    (b) A preparation session may be, but need not be, held at
17a service center. During the preparation session, the client
18must complete a client intake form, develop a transportation
19plan, and a safety and support plan.
20    (c) If a preparation session is completed in accordance
21with all applicable requirements, specifications, and
22guidelines, as determined by the Department, the facilitator
23must certify, in a form and manner prescribed by the
24Department, that the client completed the preparation session.
25This certification shall be collected for the limited purpose

 

 

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1of ensuring the facilitator adheres to all applicable
2requirements, specifications, and guidelines. The Department,
3facilitator, and service center operator shall maintain such
4certifications in a manner that ensures confidentiality and
5shall not sell, disclose, or otherwise transfer any personally
6identifiable information of the client without the client's
7express written consent. The Department, facilitator, and
8service center shall only maintain personally identifiable
9information of the client to the extent necessary to transact
10business and ensure compliance with all laws and rules.
 
11    Section 130. Client information form.
12    (a) Before a client participates in an administration
13session, the following must occur:
14        (1) The client must complete and sign a client
15    information form in a form and manner prescribed by the
16    Department.
17        (2) A copy of the completed and signed client
18    information form must be delivered to the service center
19    operator that operates the service center at which the
20    administration session is to be held and to the
21    facilitator that will supervise the administration
22    session.
23        (3) Enable the service center operator to confirm the
24    client has obtained a referral from a licensed physician,
25    psychiatrist, professional counselor, clinical

 

 

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1    professional counselor, prescribing psychologist, or
2    clinical psychologist for psilocybin service.
3    (b) The client information form must comply with the
4following:
5        (1) Solicit from the client such information as may be
6    necessary: (i) to enable a service center operator and a
7    facilitator to determine whether the client should
8    participate in an administration session, including
9    information that may identify risk factors and
10    contraindications, and (ii) to assist the service center
11    operator and the facilitator in meeting any public health
12    and safety standards and industry best practices during
13    the administration session.
14        (2) Contain such health and safety warnings and other
15    disclosures to the client as the Department may require.
16    (c) The service center operator shall maintain the client
17information form in a manner that ensures confidentiality and
18shall not sell, disclose, or otherwise transfer any personally
19identifiable information of the client without the client's
20express written consent.
21    (d) The service center operator shall require proof of a
22referral for psilocybin service prior to the preparation
23session.
 
24    Section 131. Safety and support plans.
25    (a) A facilitator must work with every client who will

 

 

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1participate in an administration session to draft a safety and
2support plan that identifies risks and challenges specific to
3the client's circumstances and resources available to mitigate
4those risks and challenges, including the client's existing
5support network and appropriate external resources.
6    (b) Safety and support plans must include contact
7information for a person to be contacted if the client
8experiences a medical or other emergency.
9    (c) Safety and support plans may not be changed during an
10administration session.
11    (d) Client records described by this Act must be available
12to the facilitator at the service center where the client
13participates or intends to participate in an administration
14session.
 
15    Section 132. Transportation plans.
16    (a) A facilitator must create and record a transportation
17plan for every client that receives psilocybin services.
18    (b) Transportation plans must be signed by the client and
19describe how the client will access safe transportation away
20from the service center at the conclusion of an administration
21session.
22    (c) Transportation plans shall advise a client not to
23operate a motor vehicle directly following an administration
24session. Facilitators shall make reasonable efforts to prevent
25clients from operating a motor vehicle at the conclusion of an

 

 

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1administration session. If a client's failure to follow the
2client's transportation plan creates a danger to the client's
3safety or the safety of others, a facilitator must make
4reasonable efforts to resolve the safety issue.
5    (d) If a facilitator is unable to resolve safety issues
6caused by a client's failure to follow the client's
7transportation plan after making reasonable efforts required
8by subsection (c), a facilitator must contact appropriate
9emergency services.
10    (e) If a client is unable to follow the client's
11transportation plan, a facilitator must make reasonable
12efforts to arrange for alternative transportation.
13    (f) A facilitator must document in writing and retain
14documentation for all instances in which a client does not
15follow the client's transportation plan.
16    (g) All client records, including any copies of client
17records, described by this Act must be available to the
18facilitator at the service center where the client
19participates or intends to participate in an administration
20session.
 
21    Section 135. Administration session.
22    (a) After a client completes a preparation session and
23completes and signs a client information form, the client may
24participate in an administration session.
25    (b) An administration session must be held under the

 

 

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1supervision of a licensed facilitator at a service center. A
2facilitator or service center shall not permit a client to
3consume psilocybin at any time other than during an
4administration session at the service center.
5    (c) If an administration session is completed in
6accordance with all applicable requirements, specifications,
7and guidelines, as determined by the Department, the
8facilitator must certify, in a form and manner prescribed by
9the Department, that the client completed the administration
10session. This certification shall be collected for the limited
11purpose of ensuring the facilitator adheres to all applicable
12requirements, specifications, and guidelines. The Department,
13facilitator, and service center operator shall maintain such
14certifications in a manner that ensures confidentiality and
15shall not sell, disclose, or otherwise transfer any personally
16identifiable information of the client without the client's
17express written consent. The Department, facilitator, and
18service center shall only maintain personally identifiable
19information of the client to the extent necessary to transact
20business and ensure compliance with all laws and rules.
 
21    Section 136. Post-administration evaluation session. All
22clients are required to participate in a post-administration
23evaluation session prior to leaving a service center after
24completing an administration session. After a client completes
25an administration session, the facilitator must conduct a

 

 

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1post-administration evaluation session. During the session,
2the facilitator will engage with the client to ensure there
3are no medical emergencies that arose from the administration
4session and also ensure that the client is no longer under the
5hallucinogenic effects of psilocybin prior to releasing the
6client from the service center. The facilitator shall consider
7the client's physical attributes as well as the quantity
8psilocybin administered in conducting the post-administration
9evaluation.
 
10    Section 140. Integration session.
11    (a) After a client completes an administration session and
12a post-administration evaluation session, a facilitator must
13conduct an integration session with the client. However, the
14integration session requirement may be waived if the client
15has produced a written letter from the client's referring
16licensed professional that states the licensed professional
17will discuss the psilocybin service at a future appointment.
18Integration sessions are intended to promote psychological
19well-being and reduce the risk of adverse reactions by
20ensuring individuals are not left to process potentially
21overwhelming experiences alone.
22    (b) An integration session shall be held at a service
23center.
24    (c) If an integration session is completed in accordance
25with all applicable requirements, specifications, and

 

 

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1guidelines, as determined by the Department, the facilitator
2shall certify in a form and manner prescribed by the
3Department that the client completed the integration session
4or otherwise provided the appropriate waiver materials. This
5certification shall be collected for the limited purpose of
6ensuring the facilitator adheres to all applicable
7requirements, specifications, and guidelines. The Department,
8facilitator, and service center operator shall maintain such
9certifications in a manner that ensures confidentiality and
10shall not sell, disclose, or otherwise transfer any personally
11identifiable information of the client without the client's
12express written consent. The Department, facilitator, and
13service center shall only maintain personally identifiable
14information of the client to the extent necessary to transact
15business and ensure compliance with all laws and rules.
 
16    Section 145. Reliance on client information form.
17    (a) If a client information form is offered as evidence in
18any administrative or criminal prosecution of a licensee or
19licensee representative for sale or service of a psilocybin
20product to a client, the licensee or licensee representative
21is not guilty of any offense prohibiting a person from selling
22or serving a psilocybin product to a client unless it is
23demonstrated that a reasonable person would have determined
24that the responses provided by the client on the client
25information form were incorrect or altered.

 

 

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1    (b) A licensee or licensee representative shall be
2entitled to rely upon all statements, declarations, and
3representations made by a client in a client information form
4unless it is demonstrated that either:
5        (1) a reasonable person would have determined that one
6    or more of the statements, declarations, or
7    representations made by the client in the client
8    information form were incorrect or altered; or
9        (2) the licensee or licensee representative violated a
10    provision of this Act or a rule adopted under this Act
11    relative to the client information form.
12    (c) Except as provided in subsection (b), no licensee or
13licensee representative shall incur legal liability by virtue
14of any untrue statement, declaration, or representation so
15relied upon in good faith by the licensee or licensee
16representative.
17    (d) The Department of Financial and Professional
18Regulation shall adopt rules for recordkeeping, privacy, and
19confidentiality requirements of service centers. However, the
20recordkeeping shall not result in disclosure to the public or
21any governmental agency of any participant's personally
22identifiable information.
 
23    Section 150. Refusal to provide psilocybin services to a
24client.
25    (a) Subject to applicable State law, a licensee or

 

 

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1licensee representative may refuse to provide psilocybin
2services to a potential client for any or no reason.
3    (b) Except as provided in subsection (c), and subject to
4applicable State law, a licensee or licensee representative
5may cease providing psilocybin services to a client for any or
6no reason.
7    (c) A service center operator and a facilitator may not
8cease providing psilocybin services to a client during an
9administration session after the client has consumed a
10psilocybin product, except as authorized by the Department of
11Financial and Professional Regulation by rule or as necessary
12in an emergency.
13    (d) A service center operator and a facilitator must
14refuse to provide psilocybin service to a potential client
15who:
16        (1) does not provide a referral for psilocybin
17    service;
18        (2) voluntarily discloses that the potential client
19    possesses certain risk factors indicating psilocybin
20    service is inappropriate or harmful as determined by the
21    Advisory Board under subsection (a) of Section 30 or by
22    rules adopted by the Department; or
23        (3) a reasonable person would believe, based on the
24    statements, conduct, or other behavior of the potential
25    client, that the potential client possesses certain risk
26    factors indicating psilocybin service is inappropriate or

 

 

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1    harmful as determined by the Advisory Board under
2    subsection (a) of Section 30 or by rules adopted by the
3    Department.
 
4    Section 155. Department powers and duties relating to
5facilitators.
6    (a) The Department of Financial and Professional
7Regulation shall perform the following:
8        (1) Determine the qualifications, training, education,
9    and fitness of applicants for licenses to facilitate
10    psilocybin services, giving particular consideration to
11    the following:
12            (A) facilitation skills that are affirming,
13        nonjudgmental, culturally competent, trauma-informed,
14        rooted in informed consent, and nondirective;
15            (B) support skills for clients during an
16        administration session, including specialized skills
17        for the following:
18                (i) client safety; and
19                (ii) clients who may have a mental health
20            condition;
21             (C) the environment in which psilocybin services
22        should occur; and
23             (D) social and cultural considerations.
24        (2) Formulate a code of professional conduct for
25    facilitators, giving particular consideration to a code of

 

 

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1    ethics.
2        (3) Establish standards of practice and professional
3    responsibility for individuals licensed by the Department
4    to facilitate psilocybin services.
5        (4) Select licensing examinations for licenses to
6    facilitate psilocybin services.
7        (5) Provide for waivers of examinations, as
8    appropriate.
9        (6) Appoint representatives to conduct or supervise
10    examinations of applicants for licenses to facilitate
11    psilocybin services.
12    (b) The Department of Financial and Professional
13Regulation shall adopt by rule minimum standards of education
14and training requirements for facilitators. These rules must
15establish minimum standards for first-aid treatment and
16training on CPR/AED and any other emergency medical response
17training the Department deems appropriate for the safe
18administration of psilocybin services.
19    (c) The Department of Financial and Professional
20Regulation shall approve courses for facilitators. To obtain
21approval of a course, the provider of a course must submit an
22outline of instruction to the Department. The outline must
23include the proposed courses, total hours of instruction,
24hours of lectures in theory, and the hours of instruction in
25application of practical skills.
26    (d) The Department of Financial and Professional

 

 

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1Regulation may, after 72 hours' notice, make an examination of
2the books of a licensee for the purpose of determining
3compliance with this Act and rules adopted under this Act.
4    (e) The Department of Financial and Professional
5Regulation or the Department of Agriculture may at any time
6make an examination of premises for which a license has been
7issued under this Act for the purpose of determining
8compliance with this Act and rules adopted under this Act.
9    (f) The Department of Financial and Professional
10Regulation may not require the books of a licensee to be
11maintained on the premises of the licensee.
12    (g) If a licensee holds more than one license issued under
13this Act for the same premises, the Department of Financial
14and Professional Regulation or the Department of Agriculture
15may require the premises to be segregated into separate areas
16for conducting the activities permitted under each license as
17is necessary to protect the public health and safety.
18    (h) As is necessary to protect the public health and
19safety, the Department of Financial and Professional
20Regulation or the Department of Agriculture may require a
21licensee to maintain general liability insurance in an amount
22that the Department determines is reasonably affordable and
23available for the purpose of protecting the licensee against
24damages resulting from a cause of action related to activities
25undertaken pursuant to the license held by the licensee.
26    (i) The Department of Financial and Professional

 

 

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1Regulation and the Department of Agriculture shall develop and
2maintain a system for tracking the transfer of psilocybin
3products between premises for which licenses have been issued
4under this Act. The purposes of the system include, but are not
5limited to, the following:
6        (1) preventing the diversion of psilocybin products to
7    other states;
8        (2) preventing persons from substituting or tampering
9    with psilocybin products;
10        (3) ensuring an accurate accounting of the production,
11    processing, and sale of psilocybin products;
12        (4) ensuring that laboratory testing results are
13    accurately reported; and
14        (5) ensuring compliance with this Act, rules adopted
15    under this Act, and any other law of this State that
16    charges the Department with a duty, function, or power
17    related to psilocybin.
18    (j) The system developed under subsection (i) must be
19capable of tracking, at a minimum, the following:
20        (1) the manufacturing of psilocybin products;
21        (2) the sale of psilocybin products by a service
22    center operator to a client;
23        (3) the sale and purchase of psilocybin products
24    between licensees, as permitted by this Act;
25        (4) the transfer of psilocybin products between
26    premises for which licenses have been issued under this

 

 

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1    Act; and
2        (5) any other information that the Department
3    determines is reasonably necessary to accomplish the
4    duties, functions, and powers of the Department under this
5    Act.
6    (k) Except as otherwise provided by law, the Department of
7Financial and Professional Regulation and the Department of
8Agriculture have any power, and may perform any function,
9necessary for the Departments to prevent the diversion of
10psilocybin products from licensees to a source that is not
11operating legally under the laws of this State.
12    (l) In addition to any other disciplinary action available
13to the Department of Financial and Professional Regulation and
14the Department of Agriculture under this Act, either
15Department may immediately restrict, suspend, or refuse to
16renew a license issued under this Act if circumstances create
17probable cause for the Department to conclude that a licensee
18has purchased or received a psilocybin product from an
19unlicensed source or that a licensee has sold, stored, or
20transferred a psilocybin product in a manner that is not
21permitted by the licensee's license.
22    (m) The Department of Financial and Professional
23Regulation or the Department of Agriculture may require a
24licensee or applicant for a license under this Act to submit,
25in a form and manner prescribed by the Department, to the
26Department a sworn statement showing the following:

 

 

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1        (1) The name and address of each person who has a
2    financial interest in the business operating or to be
3    operated under the license.
4        (2) The nature and extent of the financial interest of
5    each person who has a financial interest in the business
6    operating or to be operated under the license.
7        (3) The Department of Financial and Professional
8    Regulation or the Department of Agriculture may refuse to
9    issue, or may suspend, revoke, or refuse to renew, a
10    license issued under this Act if the Department determines
11    that a person who has a financial interest in the business
12    operating or to be operated under the license committed or
13    failed to commit an act that would constitute grounds for
14    the Department to refuse to issue, or to suspend, revoke,
15    or refuse to renew, the license if the person is the
16    licensee or applicant for the license.
17    (n) Notwithstanding the lapse, suspension, or revocation
18of a license issued under this Act, the Department of
19Financial and Professional Regulation and the Department of
20Agriculture may perform the following:
21        (1) proceed with any investigation of, or any action
22    or disciplinary proceeding against, the person who held
23    the license;
24        (2) revise or render void an order suspending or
25    revoking the license; and
26        (3) in cases involving the proposed denial of a

 

 

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1    license applied for under this Act, the applicant for
2    licensure may not withdraw the applicant's application.
3    (o) Notwithstanding the lapse, suspension, or revocation
4of a permit issued under Section 180, the Department of
5Financial and Professional Regulation and the Department of
6Agriculture may perform the following:
7        (1) proceed with any investigation of, or any action
8    or disciplinary proceeding against, the person who held
9    the permit;
10        (2) revise or render void an order suspending or
11    revoking the permit; and
12        (3) in cases involving the proposed denial of a permit
13    applied for under Section 180, the applicant may not
14    withdraw the applicant's application.
15    (p) The Department of Financial and Professional
16Regulation and the Department of Agriculture may, by rule or
17order, provide for the manner and conditions under which the
18following occur:
19        (1) psilocybin products left by a deceased, insolvent,
20    or bankrupt person or licensee, or subject to a security
21    interest, may be foreclosed, sold under execution, or
22    otherwise disposed of;
23        (2) the business of a deceased, insolvent, or bankrupt
24    licensee may be operated for a reasonable period following
25    the death, insolvency, or bankruptcy; and
26        (3) a secured party may continue to operate at the

 

 

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1    premises for which a license has been issued under this
2    Act for a reasonable period after default on the
3    indebtedness by the debtor.
 
4    Section 160. Conduct of licensees; prohibitions.
5    (a) A psilocybin product manufacturer that holds a license
6under Section 80 may not manufacture psilocybin products
7outdoors.
8    (b) A psilocybin product manufacturer that holds a license
9under Section 80 may deliver psilocybin products only to or on
10premises for which a license has been issued under Section 80
11or Section 95 and may receive psilocybin products only from a
12psilocybin product manufacturer that holds a license under
13Section 80.
14    (c) A service center operator that holds a license under
15Section 95 may deliver psilocybin products only to or on
16premises for which a license has been issued under Section 95
17and may receive psilocybin products only from a psilocybin
18product manufacturer that holds a license under Section 80 or
19a service center operator that holds a license under Section
2095.
21    (d) The sale and administration of psilocybin products to
22a client by a service center operator that holds a license
23issued under Section 95 must be restricted to the premises for
24which the license has been issued.
25    (e) The Department of Financial and Professional

 

 

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1Regulation or the Department of Agriculture may by order waive
2the requirements of subsections (b) and (c) to ensure
3compliance with this Act or a rule adopted under this Act. An
4order issued under this subsection does not constitute a
5waiver of any other requirement of this Act or any other rule
6adopted under this Act.
7    (f) A licensee or licensee representative may not sell or
8deliver a psilocybin product to a person under 21 years of age.
9    (g) Subject to subsection (h), a licensee or licensee
10representative, before selling or providing a psilocybin
11product to another person, must require the person to produce
12one of the following pieces of identification:
13        (1) The person's passport.
14        (2) The person's driver's license, issued by the State
15    or another state of the United States.
16        (3) An identification card issued by the State.
17        (4) A United States military identification card.
18        (5) An identification card issued by a federally
19    recognized Indian tribe.
20        (6) Any other identification card issued by a state or
21    territory of the United States that bears a picture of the
22    person, the name of the person, the person's date of
23    birth, and a physical description of the person.
24    (h) The Department may adopt rules exempting a licensee or
25licensee representative from the provisions of subsection (g).
26    (i) A client may not be required to procure for the purpose

 

 

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1of acquiring or purchasing a psilocybin product a piece of
2identification other than a piece of identification described
3in subsection (g).
4    (j) A service center operator, a facilitator, or any
5employee of a service center operator or facilitator may not
6disclose any information that may be used to identify a client
7or any communication made by a client during the course of
8providing psilocybin services or selling psilocybin products
9to the client, except for the following:
10        (1) When the client or a person authorized to act on
11    behalf of the client gives consent to the disclosure.
12        (2) When the client initiates legal action or makes a
13    complaint against the service center operator, the
14    facilitator, or the employee.
15        (3) When the communication reveals the intent to
16    commit a crime harmful to the client or others.
17        (4) When the communication reveals that a minor may
18    have been a victim of a crime or physical, sexual, or
19    emotional abuse or neglect.
20        (5) When responding to an inquiry by the Department
21    made during the course of an investigation into the
22    conduct of the service center operator, the facilitator,
23    or the employee under this Act.
24    (k) A client may only purchase a psilocybin product at a
25service center and may only consume such product during an
26administration session on the premises of a service center.

 

 

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1    (l) A licensee may not employ a person under 21 years of
2age at premises for which a license has been issued under this
3Act.
4    (m) During an inspection of premises for which a license
5has been issued under this Act, the Department of Financial
6and Professional Regulation or the Department of Agriculture
7may require proof that a person performing work at the
8premises is 21 years of age or older. If the person does not
9provide the Department with acceptable proof of age upon
10request, the Department may require the person to immediately
11cease any activity and leave the premises until the Department
12receives acceptable proof of age. This subsection does not
13apply to a person temporarily at the premises to make a
14service, maintenance, or repair call or for other purposes
15independent of the premises operations.
16    (n) If a person performing work has not provided proof of
17age requested by the Department of Financial and Professional
18Regulation or the Department of Agriculture under subsection
19(m), the Department may request that the licensee provide
20proof that the person is 21 years of age or older. Failure of
21the licensee to respond to a request made under this
22subsection by providing acceptable proof of age for a person
23is prima facie evidence that the licensee has allowed the
24person to perform work at the premises for which a license has
25been issued under this Act in violation of the minimum age
26requirement.

 

 

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1    (o) A licensee may not use or allow the use of a mark or
2label on the container of a psilocybin product that is kept for
3sale if the mark or label does not precisely and clearly
4indicate the nature of the container's contents or if the mark
5or label in any way might deceive a person about the nature,
6composition, quantity, age, or quality of the container's
7contents.
8    (p) The Department of Financial and Professional
9Regulation or the Department of Agriculture may prohibit a
10licensee from selling any psilocybin product that, in the
11Department's judgment, is deceptively labeled or contains
12injurious or adulterated ingredients.
 
13    Section 165. Psilocybin product prohibitions.
14    (a) A psilocybin product may not be sold or offered for
15sale within this State unless the psilocybin product complies
16with the minimum standards under the laws of this State.
17    (b) The Department of Financial and Professional
18Regulation or the Department of Agriculture may prohibit the
19sale of a psilocybin product by a service center operator for a
20reasonable period of time, not exceeding 90 days, for the
21purpose of determining whether the psilocybin product complies
22with the minimum standards prescribed by the laws of this
23State.
24    (c) A person may not make false representations or
25statements to the Department of Financial and Professional

 

 

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1Regulation or the Department of Agriculture in order to induce
2or prevent action by the Department.
3    (d) A licensee may not maintain a noisy, lewd, unsafe, or
4unsanitary establishment or supply impure or otherwise
5deleterious psilocybin products.
6    (e) A licensee may not misrepresent to a person or to the
7public any psilocybin products.
 
8    Section 170. Purpose of licenses issued under this Act. A
9license issued under this Act serves the purpose of exempting
10the person who holds the license from the criminal laws of this
11State for possession, delivery, or manufacture of psilocybin
12products if the person complies with all State laws and rules
13applicable to the licensee.
 
14    Section 171. Investigations.
15    (a) Manufacturers, service centers, and laboratories that
16conduct testing of psilocybin products are subject to random
17and unannounced dispensary inspections and psilocybin testing
18by the Department of Financial and Professional Regulation,
19the Department of Agriculture, the Illinois State Police,
20local law enforcement, or as provided by rule.
21    (b) The Department of Financial and Professional
22Regulation, the Department of Agriculture, and their
23authorized representatives may enter any place, including a
24vehicle, in which psilocybin is held, stored, dispensed, sold,

 

 

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1produced, delivered, transported, manufactured, or disposed of
2and inspect, in a reasonable manner, the place and all
3pertinent equipment, containers and labeling, and all things
4including records, files, financial data, sales data, shipping
5data, pricing data, personnel data, research, papers,
6processes, controls, and facility, and inventory any stock of
7psilocybin and obtain samples of any psilocybin or
8psilocybin-infused product, any labels or containers for
9psilocybin, or paraphernalia.
10    (c) The Department of Financial and Professional
11Regulation or the Department of Agriculture may conduct an
12investigation of an applicant, application, service center,
13manufacturer, manufacturer agent, licensed laboratory that
14conducts testing of a psilocybin product, principal officer,
15facilitator, service center agent, third party vendor, or any
16other party associated with a service center, facilitator,
17manufacturer, or laboratory that conducts testing of
18psilocybin for an alleged violation of this Act or rules or to
19determine qualifications to be granted a registration by the
20Department of Financial and Professional Regulation or the
21Department of Agriculture.
22    (d) The Department of Financial or Professional Regulation
23or the Department of Agriculture may require an applicant or
24holder of any license issued pursuant to this Article to
25produce documents, records, or any other material pertinent to
26the investigation of an application or alleged violations of

 

 

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1this Act or rules. Failure to provide the required material
2may be grounds for denial or discipline.
3    (e) Every person charged with preparation, obtaining, or
4keeping records, logs, reports, or other documents in
5connection with this Act and rules and every person in charge,
6or having custody, of those documents shall, upon request by
7the Department of Financial and Professional Regulation or the
8Department of Agriculture, make the documents immediately
9available for inspection and copying by either Department,
10either Department's authorized representative, or others
11authorized by law to review the documents.
 
12    Section 172. Citations. The Department of Financial or
13Professional Regulation or the Department of Agriculture may
14issue nondisciplinary citations for minor violations. Any such
15citation issued by the Department of Financial or Professional
16Regulation or the Department of Agriculture may be accompanied
17by a fee. The fee shall not exceed $20,000 per violation. The
18citation shall be issued to the licensee and shall contain the
19licensee's name and address, the licensee's license number, a
20brief factual statement, the Sections of the law allegedly
21violated, and the fee, if any, imposed. The citation must
22clearly state that the licensee may choose, in lieu of
23accepting the citation, to request a hearing. If the licensee
24does not dispute the matter in the citation with the
25Department of Financial or Professional Regulation or the

 

 

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1Department of Agriculture within 30 days after the citation is
2served, then the citation shall become final and not subject
3to appeal. The penalty shall be a fee or other conditions as
4established by rule.
 
5    Section 173. Grounds for discipline.
6    (a) The Department of Financial or Professional Regulation
7or the Department of Agriculture may deny issuance, refuse to
8renew or restore, or may reprimand, place on probation,
9suspend, revoke, or take other disciplinary or nondisciplinary
10action against any license or may impose a fine for any of the
11following:
12        (1) material misstatement in furnishing information to
13    the Department;
14        (2) violations of this Act or rules;
15        (3) obtaining an authorization or license by fraud or
16    misrepresentation;
17        (4) a pattern of conduct that demonstrates
18    incompetence or that the applicant has engaged in conduct
19    or actions that would constitute grounds for discipline
20    under this Act;
21        (5) aiding or assisting another person in violating
22    any provision of this Act or rules;
23        (6) failing to respond to a written request for
24    information by the Department within 30 days;
25        (7) engaging in unprofessional, dishonorable, or

 

 

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1    unethical conduct of a character likely to deceive,
2    defraud, or harm the public;
3        (8) adverse action by another United States
4    jurisdiction or foreign nation;
5        (9) a finding by the Department that the licensee,
6    after having his or her license placed on suspended or
7    probationary status, has violated the terms of the
8    suspension or probation;
9        (10) conviction, entry of a plea of guilty, nolo
10    contendere, or the equivalent in a State or federal court
11    of a principal officer or agent-in-charge of a felony
12    offense in accordance with Sections 2105-131, 2105-135,
13    and 2105-205 of the Department of Professional Regulation
14    Law of the Civil Administrative Code of Illinois;
15        (11) excessive use of or addiction to alcohol,
16    narcotics, stimulants, or any other chemical agent or
17    drug;
18        (12) a finding by the Department of a discrepancy in a
19    Department audit of psilocybin;
20        (13) a finding by the Department of a discrepancy in a
21    Department audit of capital or funds;
22        (14) a finding by the Department of acceptance of
23    psilocybin from a source other than a manufacturer
24    licensed by the Department of Agriculture, or a service
25    center licensed by the Department;
26        (15) an inability to operate using reasonable

 

 

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1    judgment, skill, or safety due to physical or mental
2    illness or other impairment or disability, including,
3    without limitation, deterioration through the aging
4    process or loss of motor skills or mental incompetence;
5        (16) failing to report to the Department within the
6    time frames established, or if not identified, no later
7    than 14 days after an adverse action, of any adverse
8    action taken against the dispensing organization or an
9    agent by a licensing jurisdiction in any state or any
10    territory of the United States or any foreign
11    jurisdiction, any governmental agency, any law enforcement
12    agency or any court defined in this Section;
13        (17) any violation of the dispensing organization's
14    policies and procedures submitted to the Department
15    annually as a condition for licensure;
16        (18) failure to inform the Department of any change of
17    address no later than 10 business days after the change of
18    address occurs;
19        (19) disclosing customer names, personal information,
20    or protected health information in violation of any State
21    or federal law;
22        (20) operating a service center or manufacturing
23    psilocybin before obtaining a license from the appropriate
24    Department;
25        (21) performing duties authorized by this Act prior to
26    receiving a license to perform such duties;

 

 

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1        (22) dispensing psilocybin when prohibited by this Act
2    or rules;
3        (23) any fact or condition that, if it had existed at
4    the time of the original application for the license,
5    would have warranted the denial of the license;
6        (24) permitting a person without a valid license to
7    perform licensed activities under this Act;
8        (25) failure to assign an agent-in-charge as required
9    by this Article;
10        (26) failure to provide any training required by the
11    Department within the provided timeframe;
12        (27) personnel insufficient in number or unqualified
13    in training or experience to properly operate the service
14    center or manufacturer;
15        (28) any pattern of activity that causes a harmful
16    impact on the community; and
17        (29) failing to prevent diversion, theft, or loss of
18    psilocybin.
19    (b) All fines and fees imposed under this Section shall be
20paid no later than 60 days after the effective date of the
21order imposing the fine or as otherwise specified in the
22order.
23    (c) A circuit court order establishing that facilitator,
24service center operator, or principal officer of a service
25center, manufacturer, or laboratory conducting psilocybin
26testing is subject to involuntary admission as that term is

 

 

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1defined in Section 1-119 or 1-119.1 of the Mental Health and
2Developmental Disabilities Code shall operate as a suspension
3of that license.
 
4    Section 174. Temporary suspension, service center and
5facilitators.
6    (a) The Secretary of Financial and Professional Regulation
7may temporarily suspend a service center or facilitator
8license without a hearing if the Secretary finds that a
9licensee has violated Section 206 public safety or welfare
10requires emergency action. The Secretary shall cause the
11temporary suspension by issuing a suspension notice in
12connection with the institution of proceedings for a hearing.
13    (b) If the Secretary temporarily suspends a license
14without a hearing, the licensee or its agent is entitled to a
15hearing within 45 days after the suspension notice has been
16issued. The hearing shall be limited to the issues cited in the
17suspension notice, unless all parties agree otherwise.
18    (c) If the Department does not hold a hearing within 45
19days after the date the suspension notice was issued, then the
20suspended license shall be automatically reinstated and the
21suspension vacated.
22    (d) The suspended licensee or its agent may seek a
23continuance of the hearing date, during which time the
24suspension remains in effect and the license shall not be
25automatically reinstated.

 

 

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1    (e) Subsequently discovered causes of action by the
2Department after the issuance of the suspension notice may be
3filed as a separate notice of violation. The Department is not
4precluded from filing a separate action against the suspended
5licensee or its agent.
6    (f) If the Department of Financial or Professional
7Regulation determines a licensee has violated Section 206, the
8Secretary of Financial and Professional Regulation shall
9suspend the licensee for a period of no less than 6 months and
10may enact whatever additional penalties the Secretary of
11Financial and Professional Regulation may deem necessary and
12appropriate in accordance with the provisions of this Act or
13adopted rules.
 
14    Section 175. Temporary suspension; manufacturer or
15laboratory.
16    (a) The Director of Agriculture may temporarily suspend a
17manufacturing or laboratory testing license without a hearing
18if the Secretary finds that public safety or welfare requires
19emergency action. The Secretary shall cause the temporary
20suspension by issuing a suspension notice in connection with
21the institution of proceedings for a hearing.
22    (b) If the Secretary temporarily suspends a license
23without a hearing, the licensee or its agent is entitled to a
24hearing within 45 days after the suspension notice has been
25issued. The hearing shall be limited to the issues cited in the

 

 

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1suspension notice, unless all parties agree otherwise.
2    (c) If the Department does not hold a hearing within 45
3days after the date the suspension notice was issued, then the
4suspended license shall be automatically reinstated and the
5suspension vacated.
6    (d) The suspended licensee or its agent may seek a
7continuance of the hearing date, during which time the
8suspension remains in effect and the license shall not be
9automatically reinstated.
10    (e) Subsequently discovered causes of action by the
11Department after the issuance of the suspension notice may be
12filed as a separate notice of violation. The Department is not
13precluded from filing a separate action against the suspended
14licensee or agent.
 
15    Section 176. Unlicensed practice; violation; civil
16penalty.
17    (a) In addition to any other penalty provided by law, any
18person who practices, offers to practice, attempts to
19practice, or holds oneself out to practice as a licensed
20service center, facilitator, manufacturer, or laboratory
21licensed to test psilocybin without being licensed under this
22Act shall, in addition to any other penalty provided by law,
23pay a civil penalty to the appropriate Department authorized
24to issue such license in an amount not to exceed $10,000 for
25each offense as determined by that Department. The civil

 

 

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1penalty shall be assessed by the appropriate Department after
2a hearing is held in accordance with the provisions set forth
3in this Act regarding the provision of a hearing for the
4discipline of a licensee.
5    (b) The Department of Financial and Professional
6Regulation and the Department of Agriculture have the
7authority and power to investigate any and all unlicensed
8activity.
9    (c) The civil penalty shall be paid within 60 days after
10the effective date of the order imposing the civil penalty or
11in accordance with the order imposing the civil penalty. The
12order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of this State.
 
15    Section 177. Notice; hearing.
16    (a) The Department conducting the disciplinary action
17shall, before disciplining an applicant or licensee, at least
1830 days before the date set for the hearing: (i) notify the
19accused in writing of the charges made and the time and place
20for the hearing on the charges; (ii) direct him or her to file
21a written answer to the charges under oath no later than 20
22days after service; and (iii) inform the applicant or licensee
23that failure to answer will result in a default being entered
24against the applicant or licensee.
25    (b) At the time and place fixed in the notice, the hearing

 

 

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1officer appointed by the Secretary or Director of such
2Department shall proceed to hear the charges, and the parties
3or their counsel shall be accorded ample opportunity to
4present any pertinent statements, testimony, evidence, and
5arguments. The hearing officer may continue the hearing from
6time to time. In case the person, after receiving the notice,
7fails to file an answer, the person's license may, in the
8discretion of the Secretary or Director, having first received
9the recommendation of the hearing officer, be suspended,
10revoked, or placed on probationary status, or be subject to
11whatever disciplinary action the Secretary considers proper,
12including a fine, without hearing, if that act or acts charged
13constitute sufficient grounds for that action under this Act.
14    (c) The written notice and any notice in the subsequent
15proceeding may be served by regular mail or email to the
16licensee's or applicant's address of record.
 
17    Section 178. Subpoenas; oaths. The Department of Financial
18and Professional Regulation and the Department of Agriculture
19shall have the power to subpoena and bring before it any person
20and to take testimony either orally or by deposition, or both,
21with the same fees and mileage and in the same manner as
22prescribed by law in judicial proceedings in civil cases in
23courts in this State. The Secretary, Director, or the hearing
24officer shall each have the power to administer oaths to
25witnesses at any hearings that the Departments are authorized

 

 

10300SB3695sam002- 82 -LRB103 39207 LNS 73437 a

1to conduct.
 
2    Section 179. Hearing; motion for rehearing.
3    (a) The hearing officer shall hear evidence in support of
4the formal charges and evidence produced by the licensee. At
5the conclusion of the hearing, the hearing officer shall
6present to the Secretary a written report of the hearing
7officer's findings of fact, conclusions of law, and
8recommendations.
9    (b) At the conclusion of the hearing, a copy of the hearing
10officer's report shall be served upon the applicant or
11licensee by the Department of Financial and Professional
12Regulation or the Department of Agriculture, either personally
13or as provided in this Act for the service of a notice of
14hearing. No later than 20 calendar days after service, the
15applicant or licensee may present to the applicable Department
16a motion in writing for rehearing, which shall specify the
17particular grounds for rehearing. The applicable Department
18may respond to the motion for rehearing within 20 calendar
19days after its service on such Department. If no motion for
20rehearing is filed, then, upon the expiration of the time
21specified for filing such motion or upon denial of a motion for
22rehearing, the Secretary or Director may enter an order in
23accordance with the recommendation of the hearing officer. If
24the applicant or licensee orders from the reporting service
25and pays for a transcript of the record within the time for

 

 

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1filing a motion for rehearing, the 20-day period within which
2a motion may be filed shall commence upon the delivery of the
3transcript to the applicant or licensee.
4    (c) If the Secretary or Director disagrees in any regard
5with the report of the hearing officer, the Secretary or
6Director may issue an order contrary to the report.
7    (d) Whenever the Secretary or Director is not satisfied
8that substantial justice has been done, the Secretary or
9Director may order a rehearing by the same or another hearing
10officer.
11    (e) At any point in any investigation or disciplinary
12proceeding under this Act, both parties may agree to a
13negotiated consent order. The consent order shall be final
14upon signature of the Secretary or Director, as applicable.
 
15    Section 180. Issuing and renewing permits; fees; rules.
16    (a) The Department shall issue permits to qualified
17applicants to perform work described in Section 175. The
18Department shall adopt rules establishing the following:
19        (1) The qualifications for performing work described
20    in Section 175.
21        (2) The term of a permit issued under this Section.
22        (3) Procedures for applying for and renewing a permit
23    issued under this Section.
24        (4) Reasonable application, issuance, and renewal fees
25    for a permit issued under this Section.

 

 

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1    (b) The Department of Financial and Professional
2Regulation or the Department of Agriculture may require an
3individual applying for a permit under this Section to
4successfully complete a course, made available by or through
5that Department, through which the individual receives
6training on the following:
7        (1) checking identification;
8        (2) detecting intoxication;
9        (3) handling psilocybin products;
10        (4) if applicable, the manufacturing of psilocybin
11    products;
12        (5) the content of this Act and rules adopted under
13    this Act; and
14        (6) any matter deemed necessary by the Department to
15    protect the public health and safety.
16    (c) A Department or other provider of a course may charge a
17reasonable fee for the course described under subsection (b).
18    (d) The Department of Financial and Professional
19Regulation or the Department of Agriculture may not require an
20individual to successfully complete a course described under
21subsection (b) more than once, except for the following:
22        (1) As part of a final order suspending a permit
23    issued under this Section, the Department may require a
24    permit holder to successfully complete the course as a
25    condition of lifting the suspension.
26        (2) As part of a final order revoking a permit issued

 

 

10300SB3695sam002- 85 -LRB103 39207 LNS 73437 a

1    under this Section, the Department shall require an
2    individual to successfully complete the course prior to
3    applying for a new permit.
4    (e) The Department shall conduct a criminal records check
5on an individual applying for a permit under this Section.
6    (f) Subject to applicable provisions of State law, the
7Department of Financial and Professional Regulation or the
8Department of Agriculture may suspend, revoke, or refuse to
9issue or renew a permit if the individual who is applying for
10or who holds the permit meets any of the following:
11        (1) Is convicted of a felony, or is convicted of an
12    offense under this Act, except that the Department may not
13    consider a conviction for an offense under this Act if the
14    date of the conviction is 2 or more years before the date
15    of the application or renewal.
16        (2) Violates any provision of this Act or any rule
17    adopted under this Act.
18        (3) Makes a false statement to the Department.
19    (g) A permit issued under this Section is a personal
20privilege and permits work described under Section 175 only
21for the individual who holds the permit.
 
22    Section 185. Authority to require fingerprints. The
23Department of Agriculture or the Department of Financial and
24Professional Regulation, through the Illinois State Police,
25may require the fingerprints of any individual listed on an

 

 

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1application submitted under Section 180 for purposes of
2conducting a background check. The Department of Agriculture
3or the Department of Financial Professional Regulation may
4require fingerprints to be submitted for a background check
5prior to or after the submission of an application. The
6Illinois State Police shall charge a fee for conducting the
7criminal history record check, which shall be deposited into
8the State Police Services Fund and shall not exceed the actual
9cost of the record check. In order to carry out this provision,
10an individual listed on an application submitted under Section
11180 may be required to submit a full set of fingerprints to the
12Illinois State Police for the purpose of obtaining a State and
13federal criminal records check. These fingerprints shall be
14checked against the fingerprint records now and hereafter, to
15the extent allowed by law, filed in the Illinois State Police
16and Federal Bureau of Investigation criminal history records
17databases. The Illinois State Police shall furnish, following
18positive identification, all Illinois conviction information
19to the Department of Agriculture or the Department of
20Financial and Professional Regulation.
 
21    Section 190. Psilocybin Control and Regulation Fund. The
22Psilocybin Control and Regulation Fund is established as a
23special fund in the State treasury. Interest earned by the
24Psilocybin Control and Regulation Fund shall be credited to
25the Fund.
 

 

 

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1    Section 195. Prohibited conduct.
2    (a) Except as authorized by rule, or as necessary in an
3emergency, a person under 21 years of age may not enter or
4attempt to enter any portion of premises posted or otherwise
5identified as being prohibited to the use of persons under 21
6years of age.
7    (b) A person who violates subsection (a) commits a Class B
8misdemeanor.
9    (c) The prohibitions of this Section do not apply to a
10person under 21 years of age who is acting under the direction
11of the Department of Financial and Professional Regulation or
12the Department of Agriculture or under the direction of a
13State or local law enforcement agency for the purpose of
14investigating the possible violation of a law prohibiting the
15sale of a psilocybin product to a person who is under 18 years
16of age.
17    (d) The prohibitions of this Section do not apply to a
18person under 21 years of age who is acting under the direction
19of a licensee for the purpose of investigating possible
20violations by employees of the licensee of laws prohibiting
21sales of psilocybin products to persons who are under 18 years
22of age.
23    (e) A person under 21 years of age is not in violation of,
24and is immune from prosecution under, this Section if either
25of the following occurred:

 

 

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1        (1) The person contacted emergency medical services or
2    a law enforcement agency in order to obtain medical
3    assistance for another person who was in need of medical
4    assistance because that person consumed a psilocybin
5    product and the evidence of the violation was obtained as
6    a result of the person having contacted emergency medical
7    services or a law enforcement agency.
8        (2) The person was in need of medical assistance
9    because the person consumed a psilocybin product and the
10    evidence of the violation was obtained as a result of the
11    person having sought or obtained the medical assistance.
12    (f) Subsection (e) does not exclude the use of evidence
13obtained as a result of a person having sought medical
14assistance in proceedings for crimes or offenses other than a
15violation of this Section.
 
16    Section 200. Prohibition against giving psilocybin
17products to a person who is visibly intoxicated; penalty.
18    (a) A person may not sell, give, or otherwise make
19available a psilocybin product to a person who is visibly
20intoxicated.
21    (b) Violation of this Section is a Class A misdemeanor.
 
22    Section 205. Prohibition against giving psilocybin product
23as prize; penalty.
24    (a) A psilocybin product may not be given as a prize,

 

 

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1premium, or consideration for a lottery, contest, game of
2chance, game of skill, or competition of any kind.
3    (b) Violation of this Section is a Class A misdemeanor.
 
4    Section 206. Prohibition against giving psilocybin
5products to a person for off-site consumption.
6    (a) A person may not sell, give, or otherwise make
7available a psilocybin product to a person to be consumed
8outside of the premises of a service center or otherwise
9outside of an administration session.
10    (b) Violation of this Section will result in the loss of
11license of a facilitator or service center operator as well as
12any applicable criminal penalties for tax fraud or tax
13evasion.
 
14    Section 210. Civil enforcement. In addition to any other
15liability or penalty provided by law, the Department of
16Financial and Professional Regulation or the Department of
17Agriculture may impose for each violation of a provision of
18this Act or a rule adopted under this Act a civil penalty that
19does not exceed $5,000 for each violation. Moneys collected
20under this Section shall be deposited into the Psilocybin
21Control and Regulation Fund.
 
22    Section 215. Criminal enforcement.
23    (a) The law enforcement officers of this State may enforce

 

 

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1this Act and assist the Department of Financial and
2Professional Regulation or the Department of Agriculture in
3detecting violations of this Act and apprehending offenders. A
4law enforcement officer who has notice, knowledge, or
5reasonable grounds for suspicion of a violation of this Act
6shall immediately notify the State's Attorney who has
7jurisdiction over the violation and furnish the State's
8Attorney who has jurisdiction over the violation with the name
9and address of any witnesses to the violation or other
10information related to the violation.
11    (b) A county court, State's Attorney, or municipal
12authority, immediately upon the conviction of a licensee of a
13violation of this Act or of a violation of any other law of
14this State or ordinance of a city or county located in this
15State, an element of which is the possession, delivery, or
16manufacture of a psilocybin product, shall notify the
17Department of the conviction.
18    (c) Violation of a rule adopted under paragraph (3) of
19subsection (b) of Section 35 is a Class C misdemeanor.
 
20    Section 220. Home rule; licensure. The authority to
21require a license for the manufacturing or sale of psilocybin
22products in this State or for the provision of psilocybin
23services in this State is an exclusive power and function of
24the State. A home rule unit may not license the manufacture,
25sale, or provision of psilocybin products. This Section is a

 

 

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1denial and limitation of home rule powers and functions under
2subsection (h) of Section 6 of Article VII of the Illinois
3Constitution. However, nothing in this Section shall be
4construed as to restrict, deny, or otherwise limit a home rule
5unit from adopting ordinances or other rules or regulations on
6location siting or permissible signage and advertising used by
7those licensed under this Act.
 
8    Section 225. Local tax or fee prohibited.
9    (a) The authority to impose a tax or fee on the
10manufacturing, sale, or provision of psilocybin products in
11this State or on the provision of psilocybin services in this
12State is an exclusive power and function of the State. A home
13rule unit may not impose a tax or fee on the manufacture, sale,
14or provision of psilocybin products. This Section is a denial
15and limitation of home rule powers and functions under
16subsection (g) of Section 6 of Article VII of the Illinois
17Constitution.
18    (b) A county, municipality, or unit of local government
19may not adopt or enact ordinances imposing a tax or fee on the
20manufacturing or sale of psilocybin products in this State or
21on the provision of psilocybin services in this State.
 
22    Section 230. Prohibition against refusing to perform
23certain duties.
24    (a) The Department of Public Health, the Department of

 

 

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1Agriculture, the Department of Financial and Professional
2Regulation, the Illinois State Police, and the Department of
3Revenue may not refuse to perform any duty under this Act on
4the basis that manufacturing, distributing, dispensing,
5possessing, or using psilocybin products is prohibited by
6federal law.
7    (b) The Department of Financial and Professional
8Regulation or the Department of Agriculture may not revoke,
9refuse to issue, or renew a license or permit under this Act on
10the basis that manufacturing, distributing, dispensing,
11possessing, or using psilocybin products is prohibited by
12federal law.
 
13    Section 235. Authority to purchase, possess, seize, or
14dispose of psilocybin products. Subject to any applicable
15provision of State law, any State officer, board, commission,
16corporation, institution, department, or other State body, and
17any local officer, board, commission, institution, department,
18or other local government body, that is authorized by the laws
19of this State to perform a duty, function, or power with
20respect to a psilocybin product may purchase, possess, seize,
21or dispose of the psilocybin product as the State officer,
22board, commission, corporation, institution, department, or
23other State body or the local officer, board, commission,
24institution, department, or other local government body
25considers necessary to ensure compliance with and enforce the

 

 

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1applicable State law or any rule adopted under the applicable
2State law.
 
3    Section 240. Suspension of a license or permit without
4notice. In the case of an invasion, disaster, insurrection,
5riot, or imminent danger of invasion, disaster, insurrection,
6or riot, the Governor may, for the duration of the invasion,
7disaster, insurrection, riot, or imminent danger, immediately
8and without notice, suspend, in the area involved, any license
9or permit issued under this Act.
 
10    Section 245. Psilocybin-producing fungi as a crop.
11    (a) In this Section, "psilocybin-producing fungi" means:
12        (1) a crop for the purposes of agricultural use;
13        (2) a crop for purposes of a farm or agricultural
14    practice;
15        (3) a product of farm use; and
16        (4) the product of an agricultural activity.
17    (b) Notwithstanding the provisions of any law to the
18contrary, the following are not permitted uses on land
19designated for exclusive agriculture use:
20        (1) a new dwelling used in conjunction with a
21    psilocybin-producing fungi crop; and
22        (2) a produce stand used in conjunction with a
23    psilocybin-producing fungi crop.
24    (c) The operation of a service center may be carried on in

 

 

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1conjunction with a psilocybin-producing fungi crop.
2    (d) A county may allow the manufacture of psilocybin
3products as an agricultural use on land zoned for agricultural
4and rural land use in the same manner as the manufacture of
5psilocybin products is allowed in exclusive agricultural use
6zones under this Section or any other applicable State law.
7    (e) This Section applies to psilocybin product
8manufacturers that hold a license under Section 80.
 
9    Section 250. Regulation of psilocybin products as food or
10other commodity.
11    (a) Notwithstanding the authority granted to the
12Department of Agriculture under the provisions of any law to
13the contrary, the Department of Agriculture may not exercise
14authority over a psilocybin product or a licensee except as
15provided in this Act.
16    (b) In exercising its authority under this Act, the
17Department of Agriculture may not:
18        (1) establish standards for psilocybin products as a
19    food additive; or
20        (2) consider psilocybin products to be an adulterant
21    unless the concentration of a psilocybin product exceeds
22    acceptable levels established by the Department by rule.
 
23    Section 255. Enforceability of contracts. A contract is
24not unenforceable on the basis that manufacturing,

 

 

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1distributing, dispensing, possessing, or using psilocybin
2products is prohibited by federal law.
 
3    Section 260. Department database for verification of
4license. The Department of Financial and Professional
5Regulation and the Department of Agriculture shall maintain an
6online database for people to inquire if an address is the
7location of a premises for which a license has been issued
8under this Act or is the location of a premises for which an
9application for licensure has been submitted under Section 50.
 
10    Section 265. Information related to licensure that is
11exempt from disclosure.
12    (a) Subject to subsection (b), information is exempt from
13public disclosure under the Freedom of Information Act if the
14information is any of the following:
15        (1) Personally identifiable information.
16        (2) The address of premises for which a license has
17    been issued or for which an applicant has proposed
18    licensure under Section 80, 95, or 275.
19        (3) Related to the security plan or the operational
20    plan for premises for which a license has been issued or
21    for which an applicant has proposed licensure under
22    Section 80, 95, or 275.
23        (4) Related to any record that the Department of
24    Financial and Professional Regulation or the Department of

 

 

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1    Agriculture determines contains proprietary information of
2    a licensee.
3    (b) The exemption from public disclosure as provided by
4this Section does not apply to the following:
5        (1) the name of an individual listed on an application
6    if the individual is a direct owner of the business
7    operating or to be operated under the license; or
8        (2) a request for information if the request is made
9    by a law enforcement agency.
10    (c) For purposes of paragraph (1) of subsection (b), an
11individual is not a direct owner of the business operating or
12to be operated under the license if the individual is either of
13the following:
14        (1) the direct owner of the business operating or to
15    be operated under the license is a legal entity; or
16        (2) merely a general partner, limited partner, member,
17    shareholder, or other direct or indirect owner of the
18    legal entity.
 
19    Section 270. Testing standards and processes; rules.
20    (a) As is necessary to protect the public health and
21safety, the Department of Agriculture shall adopt rules that
22achieve the following:
23        (1) Establish standards for testing psilocybin
24    products.
25        (2) Identify appropriate tests for psilocybin

 

 

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1    products, depending on the type of psilocybin product and
2    the manner in which the psilocybin product was
3    manufactured, that are necessary to protect the public
4    health and safety, which may include, but are not limited
5    to, tests for the following:
6            (A) microbiological contaminants;
7            (B) pesticides;
8            (C) other contaminants;
9            (D) solvents or residual solvents;
10            (E) psilocybin concentration;
11            (F) psilocin concentration; and
12            (G) total tryptamine concentration.
13        (3) Establish procedures for determining batch sizes
14    and for sampling psilocybin products.
15        (4) Establish different minimum standards for
16    different varieties of psilocybin products.
17    (b) In addition to the testing requirements established
18under subsection (a), the Department may require psilocybin
19products to be tested in accordance with any applicable law of
20this State, or any applicable rule adopted under a law of this
21State, related to the production and processing of food
22products or commodities.
23    (c) In adopting rules under this Act, the Department may
24require a psilocybin product manufacturer that holds a license
25under Section 80 to test psilocybin products before selling or
26transferring the psilocybin products.

 

 

10300SB3695sam002- 98 -LRB103 39207 LNS 73437 a

1    (d) The Department may conduct random testing of
2psilocybin products for the purpose of determining whether a
3licensee subject to testing under subsection (c) is in
4compliance with this Section.
5    (e) In adopting rules to implement this Section, the
6Department may not require a psilocybin product to undergo the
7same test more than once unless the psilocybin product is
8processed into a different type of psilocybin product or the
9condition of the psilocybin product has fundamentally changed.
10    (f) The testing of psilocybin products as required by this
11Section must be conducted by a laboratory licensed by the
12Department under Section 275 and accredited by the Department
13under Section 290.
14    (g) In adopting rules under subsection (a), the Department
15shall consider the cost of a potential testing procedure and
16how that cost will affect the cost to the ultimate client and
17may not adopt rules that are more restrictive than is
18reasonably necessary to protect the public health and safety.
 
19    Section 275. Laboratory licensure; qualifications; fees;
20rules.
21    (a) A laboratory that conducts testing of psilocybin
22products as required by Section 270 must have a license to
23operate at the premises at which the psilocybin products are
24tested.
25    (b) For purposes of this Section, the Department of

 

 

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1Agriculture shall adopt rules establishing the following:
2        (1) Qualifications to be licensed under this Section,
3    including that an applicant for licensure under this
4    Section must be accredited by the Department as described
5    in Section 290.
6        (2) Processes for applying for and renewing a license
7    under this Section.
8        (3) Fees for applying for, receiving, and renewing a
9    license under this Section.
10        (4) Procedures for the following:
11            (A) tracking psilocybin products to be tested;
12            (B) documenting and reporting test results; and
13            (C) disposing of samples of psilocybin products
14        that have been tested.
15    (c) A license issued under this Section must be renewed
16annually.
17    (d) The Department may inspect premises licensed under
18this Section to ensure compliance with Sections 270 through
19310 and rules adopted under those Sections.
20    (e) Subject to applicable provisions of State law, the
21Department may refuse to issue or renew, or may suspend or
22revoke, a license issued under this Section for violation of a
23provision of this Act or a rule adopted under a provision of
24this Act.
25    (f) Fees adopted under paragraph (3) of subsection (b)
26must be reasonably calculated to pay the expenses incurred by

 

 

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1the Department under this Act.
2    (g) Fees collected under this Section shall be deposited
3into the Psilocybin Control and Regulation Fund and are
4continuously appropriated to the Department for the purpose of
5carrying out the duties, functions, and powers of the
6Department under this Act.
 
7    Section 280. Authority to require fingerprints. The
8Department of Agriculture, through the Illinois State Police,
9may require the fingerprints of any individual listed on an
10application submitted under Section 275 for purposes of
11conducting a background check. The Department of Agriculture
12may require fingerprints to be submitted for a background
13check prior to or after the submission of an application. The
14Illinois State Police shall charge a fee for conducting the
15criminal history record check, which shall be deposited into
16the State Police Services Fund and shall not exceed the actual
17cost of the record check. In order to carry out this provision,
18an individual listed on an application submitted under Section
19275 may be required to submit a full set of fingerprints to the
20Illinois State Police for the purpose of obtaining a State and
21federal criminal records check. These fingerprints shall be
22checked against the fingerprint records now and hereafter, to
23the extent allowed by law, filed in the Illinois State Police
24and Federal Bureau of Investigation criminal history records
25databases. The Illinois State Police shall furnish, following

 

 

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1positive identification, all Illinois conviction information
2to the Department of Agriculture. The powers conferred on the
3Department under this Section include the power to require the
4fingerprints of the following persons:
5        (1) If the applicant is a limited partnership, each
6    general partner of the limited partnership.
7        (2) If the applicant is a manager-managed limited
8    liability company, each manager of the limited liability
9    company.
10        (3) If the applicant is a member-managed limited
11    liability company, each voting member of the limited
12    liability company.
13        (4) If the applicant is a corporation, each director
14    and officer of the corporation.
15        (5) Any individual who holds a financial interest of
16    10% or more in the person applying for the license.
 
17    Section 285. Statement of applicant for laboratory
18licensure. The Department of Agriculture may require a
19licensee or applicant for a license under Section 275 to
20submit, in a form and manner prescribed by the Department, to
21the Department a sworn statement showing the following:
22        (1) The name and address of each person who has a
23    financial interest in the business operating or to be
24    operated under the license.
25        (2) The nature and extent of the financial interest of

 

 

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1    each person who has a financial interest in the business
2    operating or to be operated under the license.
3        (3) The Department may refuse to issue, or may
4    suspend, revoke, or refuse to renew, a license issued
5    under Section 275 if the Department determines that a
6    person who has a financial interest in the business
7    operating or to be operated under the license committed or
8    failed to commit an act that would constitute grounds for
9    the Department to refuse to issue, or to suspend, revoke,
10    or refuse to renew, the license if the person were the
11    licensee or applicant for the license.
 
12    Section 290. Laboratory accreditation.
13    (a) A laboratory that conducts testing of a psilocybin
14product as required by Section 275 must be accredited and meet
15other qualifications as established by the Department of
16Agriculture under this Section.
17    (b) In addition to other qualifications required pursuant
18to applicable law, the Department shall require an applicant
19for accreditation for purposes related to the testing of
20psilocybin products to:
21        (1) complete an application;
22        (2) undergo an onsite inspection; and
23        (3) meet other applicable requirements,
24    specifications, and guidelines for testing psilocybin
25    products as determined to be appropriate by the Department

 

 

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1    by rule.
2    (c) The Department may inspect premises licensed under
3Section 275 to ensure compliance with Sections 270 through 310
4and rules adopted under those Sections.
5    (d) Subject to applicable provisions of State law, the
6Department may refuse to issue or renew, or may suspend or
7revoke, a laboratory's accreditation granted under this
8Section for violation of a provision of this Act or a rule
9adopted under this Act.
10    (e) In establishing fees under this Section for
11laboratories that test psilocybin products, the Department
12shall establish fees that are reasonably calculated to pay the
13expenses incurred by the Department under this Section in
14accrediting laboratories that test psilocybin products.
 
15    Section 295. Authority to discipline licensees. Subject to
16applicable provisions of State law, if an applicant or
17licensee violates a provision of Sections 270 through 310 or a
18rule adopted under those Sections, the Department of
19Agriculture may refuse to issue or renew, or may suspend or
20revoke, a license issued under Section 80, 95, 105, or 275.
 
21    Section 300. Authority of the Department of Agriculture
22over certain persons; license actions.
23    (a) Notwithstanding the lapse, suspension, or revocation
24of a license issued under Section 275, the Department of

 

 

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1Agriculture may do either of the following:
2        (1) Proceed with any investigation of, or any action
3    or disciplinary proceeding against, the person who held
4    the license.
5        (2) Revise or render void an order suspending or
6    revoking the license.
7    (b) In cases involving the proposed denial of a license
8applied for under this Act, the applicant for licensure may
9not withdraw the applicant's application.
 
10    Section 305. Civil penalty for certain violations.
11    (a) In addition to any other liability or penalty provided
12by law, the Department of Agriculture may impose for each
13violation of a provision of Sections 270 through 310 or a rule
14adopted under those Sections a civil penalty that does not
15exceed $500 for each day that the violation occurs.
16    (b) The Department of Agriculture shall impose civil
17penalties under this Section in the manner provided by
18applicable Illinois law.
19    (c) Moneys collected under this Section shall be deposited
20into the Psilocybin Control and Regulation Fund and are
21continuously appropriated to the Department for the purpose of
22carrying out the duties, functions, and powers of the
23Department under this Act.
 
24    Section 310. Exemption from criminal liability. A person

 

 

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1who holds a license under Section 275, and an employee of or
2other person who performs work for a person who holds a license
3under Section 275, is exempt from the criminal laws of this
4State for possession, delivery, or manufacture of psilocybin,
5aiding and abetting another in the possession, delivery, or
6manufacture of psilocybin, or any other criminal offense in
7which possession, delivery, or manufacture of psilocybin is an
8element, while performing activities related to testing as
9described in Sections 270 through this Section.
 
10    Section 315. Labeling requirements; rules.
11    (a) As is necessary to protect the public health and
12safety, the Department of Agriculture shall adopt rules
13establishing standards for the labeling of psilocybin
14products, including, but not limited to, the following:
15        (1) Ensuring that psilocybin products have labeling
16    that communicates the following:
17            (A) Health and safety warnings.
18            (B) If applicable, activation time.
19            (C) Potency.
20            (D) If applicable, serving size and the number of
21        servings included in a psilocybin product.
22            (E) Content of the psilocybin product.
23        (2) Labeling that is in accordance with applicable
24    State food labeling requirements for the same type of food
25    product or potable liquid when the food product or potable

 

 

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1    liquid does not contain psilocybin.
2    (b) In adopting rules under this Act, the Department shall
3require all psilocybin products sold or transferred by a
4service center that holds a license issued under Section 95 to
5be labeled in accordance with subsection (a) and rules adopted
6under subsection (a).
7    (c) In adopting rules under subsection (a), the
8Department:
9        (1) may establish different labeling standards for
10    different varieties and types of psilocybin products;
11        (2) shall consider the cost of a potential requirement
12    and how that cost will affect the cost to the ultimate
13    client; and
14        (3) may not adopt rules that are more restrictive than
15    is reasonably necessary to protect the public health and
16    safety.
 
17    Section 320. Preapproval of labels.
18    (a) The Department of Agriculture may by rule require a
19licensee to submit a label intended for use on a psilocybin
20product for preapproval by the Department before the licensee
21may sell or transfer a psilocybin product bearing the label.
22The Department shall determine whether a label submitted under
23this Section complies with Section 315 and any rule adopted
24under Section 315.
25    (b) The Department of Agriculture may impose a fee for

 

 

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1submitting a label for preapproval under this Section that is
2reasonably calculated to not exceed the cost of administering
3this Section.
 
4    Section 325. Packaging requirements; rules.
5    (a) As is necessary to protect the public health and
6safety, the Department of Agriculture shall adopt rules
7establishing standards for the packaging of psilocybin
8products, including, but not limited to, ensuring that
9psilocybin products are not marketed in a manner that is
10either untruthful or misleading, or otherwise creates a
11significant risk of harm to public health and safety.
12    (b) In adopting rules under this Act, the Department shall
13require all psilocybin products sold or transferred by a
14service center that holds a license issued under Section 95 to
15be packaged in accordance with subsection (a) and rules
16adopted under subsection (a).
17    (c) In adopting rules under subsection (a), the
18Department:
19        (1) may establish different packaging standards for
20    different varieties and types of psilocybin products;
21        (2) may consider the effect on the environment of
22    requiring certain packaging;
23        (3) shall consider the cost of a potential requirement
24    and how that cost will affect the cost to the ultimate
25    client; and

 

 

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1        (4) may not adopt rules that are more restrictive than
2    is reasonably necessary to protect the public health and
3    safety.
 
4    Section 330. Preapproval of packaging.
5    (a) The Department of Agriculture may by rule require a
6licensee to submit packaging intended for a psilocybin product
7for preapproval by the Department before the licensee may sell
8or transfer a psilocybin product packaged in the packaging.
9The Department shall determine whether packaging submitted
10under this Section complies with Section 325 and any rule
11adopted under Section 325.
12    (b) The Department of Agriculture may impose a fee for
13submitting packaging for preapproval under this Section that
14is reasonably calculated to not exceed the cost of
15administering this Section.
 
16    Section 335. Dosage requirements; rules.
17    (a) The Department of Agriculture shall adopt rules
18establishing the following:
19        (1) The maximum concentration of psilocybin that is
20    permitted in a single serving of a psilocybin product.
21        (2) The number of servings that are permitted in a
22    psilocybin product package.
23    (b) In adopting rules under this Act, the Department shall
24require all psilocybin products sold or transferred by a

 

 

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1service center that holds a license under Section 95 to meet
2the concentration standards and packaging standards adopted by
3rule pursuant to this Section.
 
4    Section 340. Inspections. To ensure compliance with
5Sections 315 through 350 and any rule adopted under those
6Sections, the Department of Agriculture or the Department of
7Financial and Professional Regulation may inspect the premises
8of a person that holds a license under Section 80 or 95.
 
9    Section 341. Violation of tax Acts; refusal, revocation,
10or suspension of license.
11    (a) In addition to other grounds specified in this Act,
12the Department of Agriculture and Department of Financial and
13Professional Regulation, upon notification by the Department
14of Revenue, shall refuse the issuance or renewal of a license
15or suspend or revoke the license of any person, for any of the
16following violations of any tax Act administered by the
17Department of Revenue:
18        (1) failure to file a tax return;
19        (2) the filing of a fraudulent return;
20        (3) failure to pay all or part of any tax or penalty
21    finally determined to be due;
22        (4) failure to keep books and records;
23        (5) failure to secure and display a certificate or
24    sub-certificate of registration, if required; or

 

 

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1        (6) willful violation of any rule or regulation of the
2    Department relating to the administration and enforcement
3    of tax liability.
4    (b) After all violations of any of items (1) through (6) of
5subsection (a) have been corrected or resolved, the Department
6shall, upon request of the applicant or, if not requested, may
7notify the entities listed in subsection (a) that the
8violations have been corrected or resolved. Upon receiving
9notice from the Department that a violation of any of items (1)
10through (6) of subsection (a) have been corrected or otherwise
11resolved to the Department of Revenue's satisfaction, the
12Department of Agriculture and the Department of Financial and
13Professional Regulation may issue or renew the license or
14vacate an order of suspension or revocation.
 
15    Section 345. Discipline of licensees. Subject to
16applicable provisions of law, if an applicant or licensee
17violates a provision of Sections 315 through 350 or a rule
18adopted under those Sections, the Department of Agriculture or
19the Department of Financial and Professional Regulation may
20refuse to issue or renew, or may suspend or revoke, a license
21issued under Section 80, 95, or 105.
 
22    Section 350. Civil penalties.
23    (a) In addition to any other liability or penalty provided
24by law, the Department of Agriculture may impose for each

 

 

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1violation of a provision of Sections 315 through 350 or a rule
2adopted under those Sections, a civil penalty that does not
3exceed $500 for each day that the violation occurs.
4    (b) The Department of Agriculture shall impose civil
5penalties under this Section in the manner provided under
6applicable Illinois law.
7    (c) Moneys collected under this Section shall be deposited
8into the Psilocybin Control and Regulation Fund and are
9continuously appropriated to the Department for the purpose of
10carrying out the duties, functions, and powers of the
11Department under this Act.
 
12    Section 355. Definitions. In this Section through Section
13425:
14    "Psilocybin retailer" means a service center operator that
15sells psilocybin for use and not for resale.
16    "Retail sale" means any transfer or exchange of a
17psilocybin product by any person to a client.
18    "Retail sales price" means the price paid for a psilocybin
19product, excluding tax, to a service center operator by or on
20behalf of a client.
 
21    Section 360. Tax imposed.
22    (a) Beginning January 1, 2025, a tax is imposed upon
23purchasers for the privilege of using psilocybin at a rate of
2415% of the purchase price.

 

 

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1    (b) The purchase of any product that contains any amount
2of psilocybin or any derivative thereof is subject to the tax
3under subsection (a) of this Section on the full purchase
4price of the product.
5    (c) The tax imposed by this Section is not imposed with
6respect to any transaction in interstate commerce, to the
7extent the transaction may not, under the Constitution and
8statutes of the United States, be made the subject of taxation
9by this State.
10    (d) The tax imposed under this Article shall be in
11addition to all other occupation, privilege, or excise taxes
12imposed by the State or by any municipal corporation or
13political subdivision thereof.
14    (e) The tax imposed under this Article shall not be
15imposed on any purchase by a purchaser if the psilocybin
16retailer is prohibited by federal or State Constitution,
17treaty, convention, statute, or court decision from collecting
18the tax from the purchaser.
 
19    Section 365. Bundling of taxable and nontaxable items;
20prohibition; taxation. If a psilocybin retailer sells
21psilocybin or psilocybin-infused products in combination or
22bundled with items that are not subject to tax under this Act
23for one price, then the tax under this Act is imposed on the
24purchase price of the entire bundled product.
 

 

 

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1    Section 370. Collection of tax.
2    (a) The tax imposed by this Article shall be collected
3from the purchaser by the psilocybin retailer at the rate
4stated in Section 360 with respect to psilocybin sold by the
5psilocybin retailer to the purchaser, and shall be remitted to
6the Department as provided in Section 385. Psilocybin
7retailers shall collect the tax from purchasers by adding the
8tax to the amount of the purchase price received from the
9purchaser for selling psilocybin to the purchaser. The tax
10imposed by this Article shall, when collected, be stated as a
11distinct item separate and apart from the purchase price of
12the psilocybin.
13    (b) If a psilocybin retailer collects the tax imposed
14pursuant to Section 360 measured by a purchase price that is
15not subject to Section 360, or if a psilocybin retailer, in
16collecting the tax pursuant to Section 360 measured by a
17purchase price that is subject to tax under this Act, collects
18more from the purchaser than the required amount on the
19transaction, the purchaser shall have a legal right to claim a
20refund of that amount from the psilocybin retailer. If,
21however, that amount is not refunded to the purchaser for any
22reason, the psilocybin retailer is liable to pay that amount
23to the Department.
24    (c) Any person purchasing psilocybin subject to tax under
25this Article as to which there has been no charge made to the
26purchaser of the tax imposed by Section 360 shall make payment

 

 

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1of the tax imposed by Section 360 in the form and manner
2provided by the Department not later than the 20th day of the
3month following the month of purchase of the psilocybin.
 
4    Section 375. Registration of psilocybin retailers. Every
5psilocybin retailer required to collect the tax under this
6Article shall apply to the Department for a certificate of
7registration under this Article. All applications for
8registration under this Article shall be made by electronic
9means in the form and manner required by the Department. For
10that purpose, the provisions of Section 2a of the Retailers'
11Occupation Tax Act are incorporated into this Article to the
12extent not inconsistent with this Article. In addition, no
13certificate of registration shall be issued under this Article
14unless the applicant is licensed under this Act.
 
15    Section 380. Tax collected as debt owed to the State. Any
16psilocybin retailer required to collect the tax imposed by
17this Article shall be liable to the Department for the tax,
18whether or not the tax has been collected by the psilocybin
19retailer, and any such tax shall constitute a debt owed by the
20psilocybin retailer to this State. To the extent that a
21psilocybin retailer required to collect the tax imposed by
22this Act has actually collected that tax, the tax is held in
23trust for the benefit of the Department.
 

 

 

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1    Section 385. Return and payment of tax by the psilocybin
2retailer. Each psilocybin retailer that is required or
3authorized to collect the tax imposed by this Article shall
4make a return to the Department, by electronic means, on or
5before the 20th day of each month for the preceding calendar
6month stating the following:
7        (1) the psilocybin retailer's name;
8        (2) the address of the psilocybin retailer's principal
9    place of business and the address of the principal place
10    of business (if that is a different address) from which
11    the psilocybin retailer engaged in the business of selling
12    psilocybin subject to tax under this Article;
13        (3) the total purchase price received by the
14    psilocybin retailer for psilocybin subject to tax under
15    this Article;
16        (4) the amount of tax due at each rate;
17        (5) the signature of the psilocybin retailer; and
18        (6) any other information as the Department may
19    reasonably require.
20    All returns required to be filed and payments required to
21be made under this Article shall be by electronic means.
22Psilocybin retailers who demonstrate hardship in paying
23electronically may petition the Department to waive the
24electronic payment requirement.
25    Any amount that is required to be shown or reported on any
26return or other document under this Article shall, if the

 

 

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1amount is not a whole-dollar amount, be increased to the
2nearest whole-dollar amount if the fractional part of a dollar
3is $0.50 or more and decreased to the nearest whole-dollar
4amount if the fractional part of a dollar is less than $0.50.
5If a total amount of less than $1 is payable, refundable, or
6creditable, the amount shall be disregarded if it is less than
7$0.50 and shall be increased to $1 if it is $0.50 or more.
8    The psilocybin retailer making the return provided for in
9this Section shall also pay to the Department, in accordance
10with this Section, the amount of tax imposed by this Article,
11less a discount of 2% per return period, which is allowed to
12reimburse the psilocybin retailer for the expenses incurred in
13keeping records, collecting tax, preparing and filing returns,
14remitting the tax, and supplying data to the Department upon
15request. No discount may be claimed by a psilocybin retailer
16on returns not timely filed and for taxes not timely remitted.
17No discount may be claimed by a taxpayer for any return that is
18not filed electronically. No discount may be claimed by a
19taxpayer for any payment that is not made electronically,
20unless a waiver has been granted under this Section.
21    Notwithstanding any other provision of this Article
22concerning the time within which a psilocybin retailer may
23file a return, any such psilocybin retailer who ceases to
24engage in the kind of business that makes the person
25responsible for filing returns under this Article shall file a
26final return under this Article with the Department within one

 

 

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1month after discontinuing the business.
2    Each psilocybin retailer shall make estimated payments to
3the Department on or before the 7th, 15th, 22nd, and last day
4of the month during which tax liability to the Department is
5incurred. The payments shall be in an amount not less than the
6lower of either 22.5% of the psilocybin retailer's actual tax
7liability for the month or 25% of the psilocybin retailer's
8actual tax liability for the same calendar month of the
9preceding year. The amount of the quarter-monthly payments
10shall be credited against the final tax liability of the
11psilocybin retailer's return for that month. If any such
12quarter-monthly payment is not paid at the time or in the
13amount required by this Section, then the psilocybin retailer
14shall be liable for penalties and interest on the difference
15between the minimum amount due as a payment and the amount of
16the quarter-monthly payment actually and timely paid, except
17insofar as the psilocybin retailer has previously made
18payments for that month to the Department in excess of the
19minimum payments previously due as provided in this Section.
20    If any payment provided for in this Section exceeds the
21taxpayer's liabilities under this Article, as shown on an
22original monthly return, the Department shall, if requested by
23the taxpayer, issue to the taxpayer a credit memorandum no
24later than 30 days after the date of payment. The credit
25evidenced by the credit memorandum may be assigned by the
26taxpayer to a similar taxpayer under this Article, in

 

 

10300SB3695sam002- 118 -LRB103 39207 LNS 73437 a

1accordance with reasonable rules to be prescribed by the
2Department. If no such request is made, the taxpayer may
3credit the excess payment against tax liability subsequently
4to be remitted to the Department under this Article, in
5accordance with reasonable rules prescribed by the Department.
6If the Department subsequently determines that all or any part
7of the credit taken was not actually due to the taxpayer, the
8taxpayer's discount shall be reduced, if necessary, to reflect
9the difference between the credit taken and that actually due,
10and that taxpayer shall be liable for penalties and interest
11on the difference. If a psilocybin retailer fails to sign a
12return within 30 days after the proper notice and demand for
13signature by the Department is received by the psilocybin
14retailer, the return shall be considered valid and any amount
15shown to be due on the return shall be deemed assessed.
 
16    Section 390. Deposit of proceeds. All moneys received by
17the Department under this Article shall be paid into the
18Illinois Psilocybin Fund.
 
19    Section 395. Recordkeeping; books and records.
20    (a) Every retailer of psilocybin, whether or not the
21retailer has obtained a certificate of registration under
22Section 375, shall keep complete and accurate records of
23psilocybin held, purchased, sold, or otherwise disposed of,
24and shall preserve and keep all invoices, bills of lading,

 

 

10300SB3695sam002- 119 -LRB103 39207 LNS 73437 a

1sales records, and copies of bills of sale, returns, and other
2pertinent papers and documents relating to the purchase, sale,
3or disposition of psilocybin. Such records need not be
4maintained on the licensed premises but must be maintained in
5the State. However, all original invoices or copies thereof
6covering purchases of psilocybin must be retained on the
7licensed premises for a period of 90 days after such purchase,
8unless the Department has granted a waiver in response to a
9written request in cases where records are kept at a central
10business location within the State. The Department shall adopt
11rules regarding the eligibility for a waiver, revocation of a
12waiver, and requirements and standards for maintenance and
13accessibility of records located at a central location under a
14waiver provided under this Section.
15    (b) Books, records, papers, and documents that are
16required by this Article to be kept shall, at all times during
17the usual business hours of the day, be subject to inspection
18by the Department or its duly authorized agents and employees.
19The books, records, papers, and documents for any period with
20respect to which the Department is authorized to issue a
21notice of tax liability shall be preserved until the
22expiration of that period.
 
23    Section 400. Violations and penalties.
24    (a) When the amount due is under $300, any retailer of
25psilocybin who fails to file a return, willfully fails or

 

 

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1refuses to make any payment to the Department of the tax
2imposed by this Article, or files a fraudulent return, or any
3officer or agent of a corporation engaged in the business of
4selling psilocybin to purchasers located in this State who
5signs a fraudulent return filed on behalf of the corporation,
6or any accountant or other agent who knowingly enters false
7information on the return of any taxpayer under this Article
8is guilty of a Class 4 felony.
9    (b) When the amount due is $300 or more, any retailer of
10psilocybin who files, or causes to be filed, a fraudulent
11return, or any officer or agent of a corporation engaged in the
12business of selling psilocybin to purchasers located in this
13State who files or causes to be filed or signs or causes to be
14signed a fraudulent return filed on behalf of the corporation,
15or any accountant or other agent who knowingly enters false
16information on the return of any taxpayer under this Article
17is guilty of a Class 3 felony.
18    (c) Any person who violates any provision of Section 375,
19fails to keep books and records as required under this
20Article, or willfully violates a rule of the Department for
21the administration and enforcement of this Article is guilty
22of a Class 4 felony. A person commits a separate offense on
23each day that he or she engages in business in violation of
24Section 375 or a rule of the Department for the administration
25and enforcement of this Article. If a person fails to produce
26the books and records for inspection by the Department upon

 

 

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1request, a prima facie presumption shall arise that the person
2has failed to keep books and records as required under this
3Article. A person who is unable to rebut this presumption is in
4violation of this Article and is subject to the penalties
5provided in this Section.
6    (d) Any person who violates any provision of Sections 375,
7fails to keep books and records as required under this
8Article, or willfully violates a rule of the Department for
9the administration and enforcement of this Article, is guilty
10of a business offense and may be fined up to $5,000. If a
11person fails to produce books and records for inspection by
12the Department upon request, a prima facie presumption shall
13arise that the person has failed to keep books and records as
14required under this Article. A person who is unable to rebut
15this presumption is in violation of this Article and is
16subject to the penalties provided in this Section. A person
17commits a separate offense on each day that he or she engages
18in business in violation of Section 375.
19    (e) Any taxpayer or agent of a taxpayer who with the intent
20to defraud purports to make a payment due to the Department by
21issuing or delivering a check or other order upon a real or
22fictitious depository for the payment of money, knowing that
23it will not be paid by the depository, is guilty of a deceptive
24practice in violation of Section 17-1 of the Criminal Code of
252012.
26    (f) Any person who fails to keep books and records or fails

 

 

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1to produce books and records for inspection, as required by
2Section 65-36, is liable to pay to the Department, for deposit
3in the Tax Compliance and Administration Fund, a penalty of
4$1,000 for the first failure to keep books and records or
5failure to produce books and records for inspection, as
6required by Section 65-36, and $3,000 for each subsequent
7failure to keep books and records or failure to produce books
8and records for inspection, as required by Section 395.
9    (g) Any person who knowingly acts as a retailer of
10psilocybin in this State without first having obtained a
11certificate of registration to do so in compliance with this
12Article shall be guilty of a Class 4 felony.
13    (h) A person commits the offense of tax evasion under this
14Article when the person knowingly attempts in any manner to
15evade or defeat the tax imposed on the person or on any other
16person, or the payment thereof, and the person commits an
17affirmative act in furtherance of the evasion. As used in this
18Section, "affirmative act in furtherance of the evasion" means
19an act designed in whole or in part to (i) conceal,
20misrepresent, falsify, or manipulate any material fact or (ii)
21tamper with or destroy documents or materials related to a
22person's tax liability under this Article. 2 or more acts of
23sales tax evasion may be charged as a single count in any
24indictment, information, or complaint and the amount of tax
25deficiency may be aggregated for purposes of determining the
26amount of tax that is attempted to be or is evaded and the

 

 

10300SB3695sam002- 123 -LRB103 39207 LNS 73437 a

1period between the first and last acts may be alleged as the
2date of the offense.
3        (1) When the amount of tax, the assessment or payment
4    of which is attempted to be or is evaded is less than $500,
5    a person is guilty of a Class 4 felony.
6        (2) When the amount of tax, the assessment or payment
7    of which is attempted to be or is evaded is $500 or more
8    but less than $10,000, a person is guilty of a Class 3
9    felony.
10        (3) When the amount of tax, the assessment or payment
11    of which is attempted to be or is evaded is $10,000 or more
12    but less than $100,000, a person is guilty of a Class 2
13    felony.
14        (4) When the amount of tax, the assessment or payment
15    of which is attempted to be or is evaded is $100,000 or
16    more, a person is guilty of a Class 1 felony.
17    Any person who knowingly sells, purchases, installs,
18transfers, possesses, uses, or accesses any automated sales
19suppression device, zapper, or phantom-ware in this State is
20guilty of a Class 3 felony.
21    As used in this Section:
22    "Automated sales suppression device" or "zapper" means a
23software program that falsifies the electronic records of an
24electronic cash register or other point-of-sale system,
25including, but not limited to, transaction data and
26transaction reports. The term includes the software program,

 

 

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1any device that carries the software program, or an Internet
2link to the software program.
3    "Phantom-ware" means a hidden programming option embedded
4in the operating system of an electronic cash register or
5hardwired into an electronic cash register that can be used to
6create a second set of records or that can eliminate or
7manipulate transaction records in an electronic cash register.
8    "Electronic cash register" means a device that keeps a
9register or supporting documents through the use of an
10electronic device or computer system designed to record
11transaction data for the purpose of computing, compiling, or
12processing retail sales transaction data in any manner.
13    "Transaction data" includes: items purchased by a
14purchaser; the price of each item; a taxability determination
15for each item; a segregated tax amount for each taxed item; the
16amount of cash or credit tendered; the net amount returned to
17the customer in change; the date and time of the purchase; the
18name, address, and identification number of the vendor; and
19the receipt or invoice number of the transaction.
20    "Transaction report" means a report that documents,
21without limitation, the sales, taxes, or fees collected, media
22totals, and discount voids at an electronic cash register and
23that is printed on a cash register tape at the end of a day or
24shift, or a report that documents every action at an
25electronic cash register and is stored electronically.
26    A prosecution for any act in violation of this Section may

 

 

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1be commenced at any time within 5 years of the commission of
2that act.
3    (i) The Department may adopt rules to administer the
4penalties under this Section.
5    (j) Any person whose principal place of business is in
6this State and who is charged with a violation under this
7Section shall be tried in the county where his or her principal
8place of business is located unless he or she asserts a right
9to be tried in another venue.
10    (k) Except as otherwise provided in subsection (h), a
11prosecution for a violation described in this Section may be
12commenced within 3 years after the commission of the act
13constituting the violation.
 
14    Section 405. Arrest; search and seizure without warrant.
15Any duly authorized employee of the Department: (i) may arrest
16without warrant any person committing in the employee's
17presence a violation of any of the provisions of this Article;
18(ii) may without a search warrant inspect all psilocybin
19located in any place of business; (iii) may seize any
20psilocybin in the possession of the retailer in violation of
21this Act; and (iv) may seize any psilocybin on which the tax
22imposed by this Act has not been paid. The psilocybin seized is
23subject to confiscation and forfeiture as provided in Sections
24415 and 416.
 

 

 

10300SB3695sam002- 126 -LRB103 39207 LNS 73437 a

1    Section 410. Seizure and forfeiture. After seizing any
2psilocybin as provided in this Article, the Department must
3hold a hearing and determine whether the retailer was properly
4registered to sell the psilocybin at the time of its seizure by
5the Department. The Department shall give not less than 20
6days' notice of the time and place of the hearing to the owner
7of the psilocybin, if the owner is known, and also to the
8person in whose possession the psilocybin was found, if that
9person is known and if the person in possession is not the
10owner of the psilocybin. If neither the owner nor the person in
11possession of the psilocybin is known, the Department must
12cause publication of the time and place of the hearing to be
13made at least once in each week for 3 weeks successively in a
14newspaper of general circulation in the county where the
15hearing is to be held.
16    If, as the result of the hearing, the Department
17determines that the retailer was not properly registered at
18the time the psilocybin was seized, the Department must enter
19an order declaring the psilocybin confiscated and forfeited to
20the State, to be held by the Department for disposal by it as
21provided in Section 416. The Department must give notice of
22the order to the owner of the psilocybin, if the owner is
23known, and also to the person in whose possession the
24psilocybin was found, if that person is known and if the person
25in possession is not the owner of the psilocybin. If neither
26the owner nor the person in possession of the psilocybin is

 

 

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1known, the Department must cause publication of the order to
2be made at least once in each week for 3 weeks successively in
3a newspaper of general circulation in the county where the
4hearing was held.
 
5    Section 415. Search warrant; issuance and return; process;
6confiscation of psilocybin; forfeitures.
7    (a) If a peace officer of this State or any duly authorized
8officer or employee of the Department has reason to believe
9that any violation of this Article or a rule of the Department
10for the administration and enforcement of this Article has
11occurred and that the person violating this Article or rule
12has in that person's possession any psilocybin in violation of
13this Article or a rule of the Department for the
14administration and enforcement of this Article, that peace
15officer, or officer or employee of the Department, may file or
16cause to be filed his or her complaint in writing, verified by
17affidavit, with any court within whose jurisdiction the
18premises to be searched are situated, stating the facts upon
19which the belief is founded, the premises to be searched, and
20the property to be seized, and procure a search warrant and
21execute that warrant. Upon the execution of the search
22warrant, the peace officer, or officer or employee of the
23Department, executing the search warrant shall make due return
24of the warrant to the court issuing the warrant, together with
25an inventory of the property taken under the warrant. The

 

 

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1court must then issue process against the owner of the
2property if the owner is known; otherwise, process must be
3issued against the person in whose possession the property is
4found, if that person is known. In case of inability to serve
5process upon the owner or the person in possession of the
6property at the time of its seizure, notice of the proceedings
7before the court must be given in the same manner as required
8by the law governing cases of attachment. Upon the return of
9the process duly served or upon the posting or publishing of
10notice made, as appropriate, the court or jury, if a jury is
11demanded, shall proceed to determine whether the property
12seized was held or possessed in violation of this Article or a
13rule of the Department for the administration and enforcement
14of this Article. If a violation is found, judgment shall be
15entered confiscating the property and forfeiting it to the
16State and ordering its delivery to the Department. In
17addition, the court may tax and assess the costs of the
18proceedings.
19    (b) When any psilocybin has been declared forfeited to the
20State by the Department, as provided in Section III and this
21Section, and when all proceedings for the judicial review of
22the Department's decision have terminated, the Department
23shall, to the extent that its decision is sustained on review,
24destroy or maintain and use such psilocybin in an undercover
25capacity.
26    (c) The Department may, before any destruction of

 

 

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1psilocybin, permit the true holder of trademark rights in the
2psilocybin to inspect such psilocybin in order to assist the
3Department in any investigation regarding such psilocybin.
 
4    Section 416. Psilocybin retailers; purchase and possession
5of psilocybin. Psilocybin retailers shall purchase psilocybin
6for resale only from manufacturers as authorized by this Act.
 
7    Section 417. Rulemaking. The Department may adopt rules in
8accordance with the Illinois Administrative Procedure Act and
9prescribe forms relating to the administration and enforcement
10of this Article as it deems appropriate.
 
11    Section 420. Illinois Psilocybin Fund. The Illinois
12Psilocybin Fund is created as a special fund in the State
13treasury. The Fund shall consist of moneys transferred to the
14Fund under Section 425. The Department of Revenue shall
15certify quarterly the amount of moneys available in the
16Illinois Psilocybin Fund. The Department of Revenue shall
17transfer quarterly the moneys in the Illinois Psilocybin Fund
18to the Psilocybin Control and Regulation Fund.
 
19    Section 425. Illinois Psilocybin Fund; payment of
20expenses. All moneys received by the Department of Revenue
21under Sections 355 through this Section shall be deposited
22into the Illinois Psilocybin Fund. The Department of Revenue

 

 

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1may pay expenses for the administration and enforcement of
2Sections 355 through this Section out of moneys received from
3the tax imposed under Section 360. Amounts necessary to pay
4administrative and enforcement expenses are continuously
5appropriated to the Department of Revenue from the Illinois
6Psilocybin Fund.
 
7    Section 430. Incorporation by reference. All of the
8provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
95i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the
10Retailers' Occupation Tax Act, and all applicable provisions
11of the Uniform Penalty and Interest Act that are not
12inconsistent with this Act, apply to clients, legal entities,
13licensees, licensee representatives, psilocybin product
14manufacturers, service centers, service center operators, and
15facilitators to the same extent as if those provisions were
16included in this Act. References in the incorporated Sections
17of the Retailers' Occupation Tax Act to retailers, to sellers,
18or to persons engaged in the business of selling tangible
19personal property mean distributors when used in this Act.
20References in the incorporated Sections to sales of tangible
21personal property mean sales of tobacco products when used in
22this Act.
 
23    Section 435. Registration under the Retailers' Occupation
24Tax Act. A retailer maintaining a place of business in this

 

 

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1State, if required to register under the Retailers' Occupation
2Tax Act, need not obtain an additional certificate of
3registration under this Act, but shall be deemed to be
4sufficiently registered by virtue of his being registered
5under the Retailers' Occupation Tax Act. Every retailer
6maintaining a place of business in this State, if not required
7to register under the Retailers' Occupation Tax Act, shall
8apply to the Department of Revenue (upon a form prescribed and
9furnished by the Department of Revenue) for a certificate of
10registration under this Act. In completing such application,
11the applicant shall furnish such information as the Department
12of Revenue may reasonably require. Upon approval of an
13application for certificate of registration, the Department of
14Revenue shall issue, without charge, a certificate of
15registration to the applicant. Such certificate of
16registration shall be displayed at the address which the
17applicant states in his or her application to be the principal
18place of business or location from which he or she will act as
19a retailer in this State. If the applicant will act as a
20retailer in this State from other places of business or
21locations, he shall list the addresses of such additional
22places of business or locations in this application for
23certificate of registration, and the Department of Revenue
24shall issue a sub-certificate of registration to the applicant
25for each such additional place of business or location. Each
26sub-certificate of registration shall be conspicuously

 

 

10300SB3695sam002- 132 -LRB103 39207 LNS 73437 a

1displayed at the place for which it is issued. Such
2sub-certificate of registration shall bear the same
3registration number as that appearing upon the certificate of
4registration to which such sub-certificates of registration
5relate. Where a retailer operates more than one place of
6business which is subject to registration under this Section
7and such businesses are substantially different in character
8or are engaged in under different trade names or are engaged in
9under other substantially dissimilar circumstances (so that it
10is more practicable, from an accounting, auditing, or
11bookkeeping standpoint, for such businesses to be separately
12registered), the Department of Revenue may require or permit
13such person to apply for and obtain a separate certificate of
14registration for each such business or for any of such
15businesses instead of registering such person, as to all such
16businesses, under a single certificate of registration
17supplemented by related sub-certificates of registration. No
18certificate of registration shall be issued to any person who
19is in default to the State for moneys due hereunder.
20    The Department of Revenue may, in its discretion, upon
21application, authorize the collection of the tax herein
22imposed by any retailer not maintaining a place of business
23within this State, who, to the satisfaction of the Department
24of Revenue, furnishes adequate security to insure collection
25and payment of the tax. Such retailer shall be issued, without
26charge, a permit to collect such tax. When so authorized, it

 

 

10300SB3695sam002- 133 -LRB103 39207 LNS 73437 a

1shall be the duty of such retailer to collect the tax upon all
2tangible personal property sold to his knowledge for use
3within this State, in the same manner and subject to the same
4requirements, including the furnishing of a receipt to the
5purchaser (if demanded by the purchaser), as a retailer
6maintaining a place of business within this State. The receipt
7given to the purchaser shall be sufficient to relieve him or
8her from further liability for the tax to which such receipt
9may refer. Such permit may be revoked by the Department as
10provided herein.
 
11    Section 440. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
 
13    Section 900. The Freedom of Information Act is amended by
14changing Section 7 as follows:
 
15    (5 ILCS 140/7)
16    Sec. 7. Exemptions.
17    (1) When a request is made to inspect or copy a public
18record that contains information that is exempt from
19disclosure under this Section, but also contains information
20that is not exempt from disclosure, the public body may elect
21to redact the information that is exempt. The public body
22shall make the remaining information available for inspection
23and copying. Subject to this requirement, the following shall

 

 

10300SB3695sam002- 134 -LRB103 39207 LNS 73437 a

1be exempt from inspection and copying:
2        (a) Information specifically prohibited from
3    disclosure by federal or State law or rules and
4    regulations implementing federal or State law.
5        (b) Private information, unless disclosure is required
6    by another provision of this Act, a State or federal law,
7    or a court order.
8        (b-5) Files, documents, and other data or databases
9    maintained by one or more law enforcement agencies and
10    specifically designed to provide information to one or
11    more law enforcement agencies regarding the physical or
12    mental status of one or more individual subjects.
13        (c) Personal information contained within public
14    records, the disclosure of which would constitute a
15    clearly unwarranted invasion of personal privacy, unless
16    the disclosure is consented to in writing by the
17    individual subjects of the information. "Unwarranted
18    invasion of personal privacy" means the disclosure of
19    information that is highly personal or objectionable to a
20    reasonable person and in which the subject's right to
21    privacy outweighs any legitimate public interest in
22    obtaining the information. The disclosure of information
23    that bears on the public duties of public employees and
24    officials shall not be considered an invasion of personal
25    privacy.
26        (d) Records in the possession of any public body

 

 

10300SB3695sam002- 135 -LRB103 39207 LNS 73437 a

1    created in the course of administrative enforcement
2    proceedings, and any law enforcement or correctional
3    agency for law enforcement purposes, but only to the
4    extent that disclosure would:
5            (i) interfere with pending or actually and
6        reasonably contemplated law enforcement proceedings
7        conducted by any law enforcement or correctional
8        agency that is the recipient of the request;
9            (ii) interfere with active administrative
10        enforcement proceedings conducted by the public body
11        that is the recipient of the request;
12            (iii) create a substantial likelihood that a
13        person will be deprived of a fair trial or an impartial
14        hearing;
15            (iv) unavoidably disclose the identity of a
16        confidential source, confidential information
17        furnished only by the confidential source, or persons
18        who file complaints with or provide information to
19        administrative, investigative, law enforcement, or
20        penal agencies; except that the identities of
21        witnesses to traffic crashes, traffic crash reports,
22        and rescue reports shall be provided by agencies of
23        local government, except when disclosure would
24        interfere with an active criminal investigation
25        conducted by the agency that is the recipient of the
26        request;

 

 

10300SB3695sam002- 136 -LRB103 39207 LNS 73437 a

1            (v) disclose unique or specialized investigative
2        techniques other than those generally used and known
3        or disclose internal documents of correctional
4        agencies related to detection, observation, or
5        investigation of incidents of crime or misconduct, and
6        disclosure would result in demonstrable harm to the
7        agency or public body that is the recipient of the
8        request;
9            (vi) endanger the life or physical safety of law
10        enforcement personnel or any other person; or
11            (vii) obstruct an ongoing criminal investigation
12        by the agency that is the recipient of the request.
13        (d-5) A law enforcement record created for law
14    enforcement purposes and contained in a shared electronic
15    record management system if the law enforcement agency
16    that is the recipient of the request did not create the
17    record, did not participate in or have a role in any of the
18    events which are the subject of the record, and only has
19    access to the record through the shared electronic record
20    management system.
21        (d-6) Records contained in the Officer Professional
22    Conduct Database under Section 9.2 of the Illinois Police
23    Training Act, except to the extent authorized under that
24    Section. This includes the documents supplied to the
25    Illinois Law Enforcement Training Standards Board from the
26    Illinois State Police and Illinois State Police Merit

 

 

10300SB3695sam002- 137 -LRB103 39207 LNS 73437 a

1    Board.
2        (d-7) Information gathered or records created from the
3    use of automatic license plate readers in connection with
4    Section 2-130 of the Illinois Vehicle Code.
5        (e) Records that relate to or affect the security of
6    correctional institutions and detention facilities.
7        (e-5) Records requested by persons committed to the
8    Department of Corrections, Department of Human Services
9    Division of Mental Health, or a county jail if those
10    materials are available in the library of the correctional
11    institution or facility or jail where the inmate is
12    confined.
13        (e-6) Records requested by persons committed to the
14    Department of Corrections, Department of Human Services
15    Division of Mental Health, or a county jail if those
16    materials include records from staff members' personnel
17    files, staff rosters, or other staffing assignment
18    information.
19        (e-7) Records requested by persons committed to the
20    Department of Corrections or Department of Human Services
21    Division of Mental Health if those materials are available
22    through an administrative request to the Department of
23    Corrections or Department of Human Services Division of
24    Mental Health.
25        (e-8) Records requested by a person committed to the
26    Department of Corrections, Department of Human Services

 

 

10300SB3695sam002- 138 -LRB103 39207 LNS 73437 a

1    Division of Mental Health, or a county jail, the
2    disclosure of which would result in the risk of harm to any
3    person or the risk of an escape from a jail or correctional
4    institution or facility.
5        (e-9) Records requested by a person in a county jail
6    or committed to the Department of Corrections or
7    Department of Human Services Division of Mental Health,
8    containing personal information pertaining to the person's
9    victim or the victim's family, including, but not limited
10    to, a victim's home address, home telephone number, work
11    or school address, work telephone number, social security
12    number, or any other identifying information, except as
13    may be relevant to a requester's current or potential case
14    or claim.
15        (e-10) Law enforcement records of other persons
16    requested by a person committed to the Department of
17    Corrections, Department of Human Services Division of
18    Mental Health, or a county jail, including, but not
19    limited to, arrest and booking records, mug shots, and
20    crime scene photographs, except as these records may be
21    relevant to the requester's current or potential case or
22    claim.
23        (f) Preliminary drafts, notes, recommendations,
24    memoranda, and other records in which opinions are
25    expressed, or policies or actions are formulated, except
26    that a specific record or relevant portion of a record

 

 

10300SB3695sam002- 139 -LRB103 39207 LNS 73437 a

1    shall not be exempt when the record is publicly cited and
2    identified by the head of the public body. The exemption
3    provided in this paragraph (f) extends to all those
4    records of officers and agencies of the General Assembly
5    that pertain to the preparation of legislative documents.
6        (g) Trade secrets and commercial or financial
7    information obtained from a person or business where the
8    trade secrets or commercial or financial information are
9    furnished under a claim that they are proprietary,
10    privileged, or confidential, and that disclosure of the
11    trade secrets or commercial or financial information would
12    cause competitive harm to the person or business, and only
13    insofar as the claim directly applies to the records
14    requested.
15        The information included under this exemption includes
16    all trade secrets and commercial or financial information
17    obtained by a public body, including a public pension
18    fund, from a private equity fund or a privately held
19    company within the investment portfolio of a private
20    equity fund as a result of either investing or evaluating
21    a potential investment of public funds in a private equity
22    fund. The exemption contained in this item does not apply
23    to the aggregate financial performance information of a
24    private equity fund, nor to the identity of the fund's
25    managers or general partners. The exemption contained in
26    this item does not apply to the identity of a privately

 

 

10300SB3695sam002- 140 -LRB103 39207 LNS 73437 a

1    held company within the investment portfolio of a private
2    equity fund, unless the disclosure of the identity of a
3    privately held company may cause competitive harm.
4        Nothing contained in this paragraph (g) shall be
5    construed to prevent a person or business from consenting
6    to disclosure.
7        (h) Proposals and bids for any contract, grant, or
8    agreement, including information which if it were
9    disclosed would frustrate procurement or give an advantage
10    to any person proposing to enter into a contractor
11    agreement with the body, until an award or final selection
12    is made. Information prepared by or for the body in
13    preparation of a bid solicitation shall be exempt until an
14    award or final selection is made.
15        (i) Valuable formulae, computer geographic systems,
16    designs, drawings, and research data obtained or produced
17    by any public body when disclosure could reasonably be
18    expected to produce private gain or public loss. The
19    exemption for "computer geographic systems" provided in
20    this paragraph (i) does not extend to requests made by
21    news media as defined in Section 2 of this Act when the
22    requested information is not otherwise exempt and the only
23    purpose of the request is to access and disseminate
24    information regarding the health, safety, welfare, or
25    legal rights of the general public.
26        (j) The following information pertaining to

 

 

10300SB3695sam002- 141 -LRB103 39207 LNS 73437 a

1    educational matters:
2            (i) test questions, scoring keys, and other
3        examination data used to administer an academic
4        examination;
5            (ii) information received by a primary or
6        secondary school, college, or university under its
7        procedures for the evaluation of faculty members by
8        their academic peers;
9            (iii) information concerning a school or
10        university's adjudication of student disciplinary
11        cases, but only to the extent that disclosure would
12        unavoidably reveal the identity of the student; and
13            (iv) course materials or research materials used
14        by faculty members.
15        (k) Architects' plans, engineers' technical
16    submissions, and other construction related technical
17    documents for projects not constructed or developed in
18    whole or in part with public funds and the same for
19    projects constructed or developed with public funds,
20    including, but not limited to, power generating and
21    distribution stations and other transmission and
22    distribution facilities, water treatment facilities,
23    airport facilities, sport stadiums, convention centers,
24    and all government owned, operated, or occupied buildings,
25    but only to the extent that disclosure would compromise
26    security.

 

 

10300SB3695sam002- 142 -LRB103 39207 LNS 73437 a

1        (l) Minutes of meetings of public bodies closed to the
2    public as provided in the Open Meetings Act until the
3    public body makes the minutes available to the public
4    under Section 2.06 of the Open Meetings Act.
5        (m) Communications between a public body and an
6    attorney or auditor representing the public body that
7    would not be subject to discovery in litigation, and
8    materials prepared or compiled by or for a public body in
9    anticipation of a criminal, civil, or administrative
10    proceeding upon the request of an attorney advising the
11    public body, and materials prepared or compiled with
12    respect to internal audits of public bodies.
13        (n) Records relating to a public body's adjudication
14    of employee grievances or disciplinary cases; however,
15    this exemption shall not extend to the final outcome of
16    cases in which discipline is imposed.
17        (o) Administrative or technical information associated
18    with automated data processing operations, including, but
19    not limited to, software, operating protocols, computer
20    program abstracts, file layouts, source listings, object
21    modules, load modules, user guides, documentation
22    pertaining to all logical and physical design of
23    computerized systems, employee manuals, and any other
24    information that, if disclosed, would jeopardize the
25    security of the system or its data or the security of
26    materials exempt under this Section.

 

 

10300SB3695sam002- 143 -LRB103 39207 LNS 73437 a

1        (p) Records relating to collective negotiating matters
2    between public bodies and their employees or
3    representatives, except that any final contract or
4    agreement shall be subject to inspection and copying.
5        (q) Test questions, scoring keys, and other
6    examination data used to determine the qualifications of
7    an applicant for a license or employment.
8        (r) The records, documents, and information relating
9    to real estate purchase negotiations until those
10    negotiations have been completed or otherwise terminated.
11    With regard to a parcel involved in a pending or actually
12    and reasonably contemplated eminent domain proceeding
13    under the Eminent Domain Act, records, documents, and
14    information relating to that parcel shall be exempt except
15    as may be allowed under discovery rules adopted by the
16    Illinois Supreme Court. The records, documents, and
17    information relating to a real estate sale shall be exempt
18    until a sale is consummated.
19        (s) Any and all proprietary information and records
20    related to the operation of an intergovernmental risk
21    management association or self-insurance pool or jointly
22    self-administered health and accident cooperative or pool.
23    Insurance or self-insurance (including any
24    intergovernmental risk management association or
25    self-insurance pool) claims, loss or risk management
26    information, records, data, advice, or communications.

 

 

10300SB3695sam002- 144 -LRB103 39207 LNS 73437 a

1        (t) Information contained in or related to
2    examination, operating, or condition reports prepared by,
3    on behalf of, or for the use of a public body responsible
4    for the regulation or supervision of financial
5    institutions, insurance companies, or pharmacy benefit
6    managers, unless disclosure is otherwise required by State
7    law.
8        (u) Information that would disclose or might lead to
9    the disclosure of secret or confidential information,
10    codes, algorithms, programs, or private keys intended to
11    be used to create electronic signatures under the Uniform
12    Electronic Transactions Act.
13        (v) Vulnerability assessments, security measures, and
14    response policies or plans that are designed to identify,
15    prevent, or respond to potential attacks upon a
16    community's population or systems, facilities, or
17    installations, but only to the extent that disclosure
18    could reasonably be expected to expose the vulnerability
19    or jeopardize the effectiveness of the measures, policies,
20    or plans, or the safety of the personnel who implement
21    them or the public. Information exempt under this item may
22    include such things as details pertaining to the
23    mobilization or deployment of personnel or equipment, to
24    the operation of communication systems or protocols, to
25    cybersecurity vulnerabilities, or to tactical operations.
26        (w) (Blank).

 

 

10300SB3695sam002- 145 -LRB103 39207 LNS 73437 a

1        (x) Maps and other records regarding the location or
2    security of generation, transmission, distribution,
3    storage, gathering, treatment, or switching facilities
4    owned by a utility, by a power generator, or by the
5    Illinois Power Agency.
6        (y) Information contained in or related to proposals,
7    bids, or negotiations related to electric power
8    procurement under Section 1-75 of the Illinois Power
9    Agency Act and Section 16-111.5 of the Public Utilities
10    Act that is determined to be confidential and proprietary
11    by the Illinois Power Agency or by the Illinois Commerce
12    Commission.
13        (z) Information about students exempted from
14    disclosure under Section 10-20.38 or 34-18.29 of the
15    School Code, and information about undergraduate students
16    enrolled at an institution of higher education exempted
17    from disclosure under Section 25 of the Illinois Credit
18    Card Marketing Act of 2009.
19        (aa) Information the disclosure of which is exempted
20    under the Viatical Settlements Act of 2009.
21        (bb) Records and information provided to a mortality
22    review team and records maintained by a mortality review
23    team appointed under the Department of Juvenile Justice
24    Mortality Review Team Act.
25        (cc) Information regarding interments, entombments, or
26    inurnments of human remains that are submitted to the

 

 

10300SB3695sam002- 146 -LRB103 39207 LNS 73437 a

1    Cemetery Oversight Database under the Cemetery Care Act or
2    the Cemetery Oversight Act, whichever is applicable.
3        (dd) Correspondence and records (i) that may not be
4    disclosed under Section 11-9 of the Illinois Public Aid
5    Code or (ii) that pertain to appeals under Section 11-8 of
6    the Illinois Public Aid Code.
7        (ee) The names, addresses, or other personal
8    information of persons who are minors and are also
9    participants and registrants in programs of park
10    districts, forest preserve districts, conservation
11    districts, recreation agencies, and special recreation
12    associations.
13        (ff) The names, addresses, or other personal
14    information of participants and registrants in programs of
15    park districts, forest preserve districts, conservation
16    districts, recreation agencies, and special recreation
17    associations where such programs are targeted primarily to
18    minors.
19        (gg) Confidential information described in Section
20    1-100 of the Illinois Independent Tax Tribunal Act of
21    2012.
22        (hh) The report submitted to the State Board of
23    Education by the School Security and Standards Task Force
24    under item (8) of subsection (d) of Section 2-3.160 of the
25    School Code and any information contained in that report.
26        (ii) Records requested by persons committed to or

 

 

10300SB3695sam002- 147 -LRB103 39207 LNS 73437 a

1    detained by the Department of Human Services under the
2    Sexually Violent Persons Commitment Act or committed to
3    the Department of Corrections under the Sexually Dangerous
4    Persons Act if those materials: (i) are available in the
5    library of the facility where the individual is confined;
6    (ii) include records from staff members' personnel files,
7    staff rosters, or other staffing assignment information;
8    or (iii) are available through an administrative request
9    to the Department of Human Services or the Department of
10    Corrections.
11        (jj) Confidential information described in Section
12    5-535 of the Civil Administrative Code of Illinois.
13        (kk) The public body's credit card numbers, debit card
14    numbers, bank account numbers, Federal Employer
15    Identification Number, security code numbers, passwords,
16    and similar account information, the disclosure of which
17    could result in identity theft or impression or defrauding
18    of a governmental entity or a person.
19        (ll) Records concerning the work of the threat
20    assessment team of a school district, including, but not
21    limited to, any threat assessment procedure under the
22    School Safety Drill Act and any information contained in
23    the procedure.
24        (mm) Information prohibited from being disclosed under
25    subsections (a) and (b) of Section 15 of the Student
26    Confidential Reporting Act.

 

 

10300SB3695sam002- 148 -LRB103 39207 LNS 73437 a

1        (nn) Proprietary information submitted to the
2    Environmental Protection Agency under the Drug Take-Back
3    Act.
4        (oo) Records described in subsection (f) of Section
5    3-5-1 of the Unified Code of Corrections.
6        (pp) Any and all information regarding burials,
7    interments, or entombments of human remains as required to
8    be reported to the Department of Natural Resources
9    pursuant either to the Archaeological and Paleontological
10    Resources Protection Act or the Human Remains Protection
11    Act.
12        (qq) (pp) Reports described in subsection (e) of
13    Section 16-15 of the Abortion Care Clinical Training
14    Program Act.
15        (rr) (pp) Information obtained by a certified local
16    health department under the Access to Public Health Data
17    Act.
18        (ss) (pp) For a request directed to a public body that
19    is also a HIPAA-covered entity, all information that is
20    protected health information, including demographic
21    information, that may be contained within or extracted
22    from any record held by the public body in compliance with
23    State and federal medical privacy laws and regulations,
24    including, but not limited to, the Health Insurance
25    Portability and Accountability Act and its regulations, 45
26    CFR Parts 160 and 164. As used in this paragraph,

 

 

10300SB3695sam002- 149 -LRB103 39207 LNS 73437 a

1    "HIPAA-covered entity" has the meaning given to the term
2    "covered entity" in 45 CFR 160.103 and "protected health
3    information" has the meaning given to that term in 45 CFR
4    160.103.
5        (tt) Correspondence and records that may not be
6    disclosed under Section 265 of the Compassionate Use and
7    Research of Entheogens Act.
8    (1.5) Any information exempt from disclosure under the
9Judicial Privacy Act shall be redacted from public records
10prior to disclosure under this Act.
11    (2) A public record that is not in the possession of a
12public body but is in the possession of a party with whom the
13agency has contracted to perform a governmental function on
14behalf of the public body, and that directly relates to the
15governmental function and is not otherwise exempt under this
16Act, shall be considered a public record of the public body,
17for purposes of this Act.
18    (3) This Section does not authorize withholding of
19information or limit the availability of records to the
20public, except as stated in this Section or otherwise provided
21in this Act.
22(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
23102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
241-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
25eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
26103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.

 

 

10300SB3695sam002- 150 -LRB103 39207 LNS 73437 a

18-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
29-7-23.)
 
3    Section 905. The State Finance Act is amended by adding
4Sections 5.1015 and 5.1016 as follows:
 
5    (30 ILCS 105/5.1015 new)
6    Sec. 5.1015. The Psilocybin Control and Regulation Fund.
 
7    (30 ILCS 105/5.1016 new)
8    Sec. 5.1016. The Illinois Psilocybin Fund.
 
9    Section 910. The Illinois Independent Tax Tribunal Act of
102012 is amended by changing Section 1-45 as follows:
 
11    (35 ILCS 1010/1-45)
12    Sec. 1-45. Jurisdiction of the Tax Tribunal.
13    (a) Except as provided by the Constitution of the United
14States, the Constitution of the State of Illinois, or any
15statutes of this State, including, but not limited to, the
16State Officers and Employees Money Disposition Act, the Tax
17Tribunal shall have original jurisdiction over all
18determinations of the Department reflected on a Notice of
19Deficiency, Notice of Tax Liability, Notice of Claim Denial,
20or Notice of Penalty Liability issued under the Illinois
21Income Tax Act, the Use Tax Act, the Service Use Tax Act, the

 

 

10300SB3695sam002- 151 -LRB103 39207 LNS 73437 a

1Service Occupation Tax Act, the Retailers' Occupation Tax Act,
2the Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco
3Products Tax Act of 1995, the Hotel Operators' Occupation Tax
4Act, the Motor Fuel Tax Law, the Automobile Renting Occupation
5and Use Tax Act, the Coin-Operated Amusement Device and
6Redemption Machine Tax Act, the Gas Revenue Tax Act, the Water
7Company Invested Capital Tax Act, the Telecommunications
8Excise Tax Act, the Telecommunications Infrastructure
9Maintenance Fee Act, the Public Utilities Revenue Act, the
10Electricity Excise Tax Law, the Aircraft Use Tax Law, the
11Watercraft Use Tax Law, the Gas Use Tax Law, or the Uniform
12Penalty and Interest Act, or the Compassionate Use and
13Research of Entheogens Act. Jurisdiction of the Tax Tribunal
14is limited to Notices of Tax Liability, Notices of Deficiency,
15Notices of Claim Denial, and Notices of Penalty Liability
16where the amount at issue in a notice, or the aggregate amount
17at issue in multiple notices issued for the same tax year or
18audit period, exceeds $15,000, exclusive of penalties and
19interest. In notices solely asserting either an interest or
20penalty assessment, or both, the Tax Tribunal shall have
21jurisdiction over cases where the combined total of all
22penalties or interest assessed exceeds $15,000.
23    (b) Except as otherwise permitted by this Act and by the
24Constitution of the State of Illinois or otherwise by State
25law, including, but not limited to, the State Officers and
26Employees Money Disposition Act, no person shall contest any

 

 

10300SB3695sam002- 152 -LRB103 39207 LNS 73437 a

1matter within the jurisdiction of the Tax Tribunal in any
2action, suit, or proceeding in the circuit court or any other
3court of the State. If a person attempts to do so, then such
4action, suit, or proceeding shall be dismissed without
5prejudice. The improper commencement of any action, suit, or
6proceeding does not extend the time period for commencing a
7proceeding in the Tax Tribunal.
8    (c) The Tax Tribunal may require the taxpayer to post a
9bond equal to 25% of the liability at issue (1) upon motion of
10the Department and a showing that (A) the taxpayer's action is
11frivolous or legally insufficient or (B) the taxpayer is
12acting primarily for the purpose of delaying the collection of
13tax or prejudicing the ability ultimately to collect the tax,
14or (2) if, at any time during the proceedings, it is determined
15by the Tax Tribunal that the taxpayer is not pursuing the
16resolution of the case with due diligence. If the Tax Tribunal
17finds in a particular case that the taxpayer cannot procure
18and furnish a satisfactory surety or sureties for the kind of
19bond required herein, the Tax Tribunal may relieve the
20taxpayer of the obligation of filing such bond, if, upon the
21timely application for a lien in lieu thereof and accompanying
22proof therein submitted, the Tax Tribunal is satisfied that
23any such lien imposed would operate to secure the assessment
24in the manner and to the degree as would a bond. The Tax
25Tribunal shall adopt rules for the procedures to be used in
26securing a bond or lien under this Section.

 

 

10300SB3695sam002- 153 -LRB103 39207 LNS 73437 a

1    (d) If, with or after the filing of a timely petition, the
2taxpayer pays all or part of the tax or other amount in issue
3before the Tax Tribunal has rendered a decision, the Tax
4Tribunal shall treat the taxpayer's petition as a protest of a
5denial of claim for refund of the amount so paid upon a written
6motion filed by the taxpayer.
7    (e) The Tax Tribunal shall not have jurisdiction to
8review:
9        (1) any assessment made under the Property Tax Code;
10        (2) any decisions relating to the issuance or denial
11    of an exemption ruling for any entity claiming exemption
12    from any tax imposed under the Property Tax Code or any
13    State tax administered by the Department;
14        (3) a notice of proposed tax liability, notice of
15    proposed deficiency, or any other notice of proposed
16    assessment or notice of intent to take some action;
17        (4) any action or determination of the Department
18    regarding tax liabilities that have become finalized by
19    law, including but not limited to the issuance of liens,
20    levies, and revocations, suspensions, or denials of
21    licenses or certificates of registration or any other
22    collection activities;
23        (5) any proceedings of the Department's informal
24    administrative appeals function; and
25        (6) any challenge to an administrative subpoena issued
26    by the Department.

 

 

10300SB3695sam002- 154 -LRB103 39207 LNS 73437 a

1    (f) The Tax Tribunal shall decide questions regarding the
2constitutionality of statutes and rules adopted by the
3Department as applied to the taxpayer, but shall not have the
4power to declare a statute or rule unconstitutional or
5otherwise invalid on its face. A taxpayer challenging the
6constitutionality of a statute or rule on its face may present
7such challenge to the Tax Tribunal for the sole purpose of
8making a record for review by the Illinois Appellate Court.
9Failure to raise a constitutional issue regarding the
10application of a statute or regulations to the taxpayer shall
11not preclude the taxpayer or the Department from raising those
12issues at the appellate court level.
13(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)
 
14    Section 914. The Illinois Vehicle Code is amended by
15changing Section 11-501 as follows:
 
16    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
17    Sec. 11-501. Driving while under the influence of alcohol,
18other drug or drugs, intoxicating compound or compounds or any
19combination thereof.
20    (a) A person shall not drive or be in actual physical
21control of any vehicle within this State while:
22        (1) the alcohol concentration in the person's blood,
23    other bodily substance, or breath is 0.08 or more based on
24    the definition of blood and breath units in Section

 

 

10300SB3695sam002- 155 -LRB103 39207 LNS 73437 a

1    11-501.2;
2        (2) under the influence of alcohol;
3        (3) under the influence of any intoxicating compound
4    or combination of intoxicating compounds to a degree that
5    renders the person incapable of driving safely;
6        (4) under the influence of any other drug or
7    combination of drugs to a degree that renders the person
8    incapable of safely driving;
9        (5) under the combined influence of alcohol, other
10    drug or drugs, or intoxicating compound or compounds to a
11    degree that renders the person incapable of safely
12    driving;
13        (6) there is any amount of a drug, substance, or
14    compound in the person's breath, blood, other bodily
15    substance, or urine resulting from the unlawful use or
16    consumption of a controlled substance listed in the
17    Illinois Controlled Substances Act, an intoxicating
18    compound listed in the Use of Intoxicating Compounds Act,
19    or methamphetamine as listed in the Methamphetamine
20    Control and Community Protection Act, or psilocybin or
21    psilocin as defined in the Compassionate Use and Research
22    of Entheogens Act; or
23        (7) the person has, within 2 hours of driving or being
24    in actual physical control of a vehicle, a
25    tetrahydrocannabinol concentration in the person's whole
26    blood or other bodily substance as defined in paragraph 6

 

 

10300SB3695sam002- 156 -LRB103 39207 LNS 73437 a

1    of subsection (a) of Section 11-501.2 of this Code.
2    Subject to all other requirements and provisions under
3    this Section, this paragraph (7) does not apply to the
4    lawful consumption of cannabis by a qualifying patient
5    licensed under the Compassionate Use of Medical Cannabis
6    Program Act who is in possession of a valid registry card
7    issued under that Act, unless that person is impaired by
8    the use of cannabis.
9    (b) The fact that any person charged with violating this
10Section is or has been legally entitled to use alcohol,
11cannabis under the Compassionate Use of Medical Cannabis
12Program Act, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof, shall not constitute a
14defense against any charge of violating this Section.
15    (c) Penalties.
16        (1) Except as otherwise provided in this Section, any
17    person convicted of violating subsection (a) of this
18    Section is guilty of a Class A misdemeanor.
19        (2) A person who violates subsection (a) or a similar
20    provision a second time shall be sentenced to a mandatory
21    minimum term of either 5 days of imprisonment or 240 hours
22    of community service in addition to any other criminal or
23    administrative sanction.
24        (3) A person who violates subsection (a) is subject to
25    6 months of imprisonment, an additional mandatory minimum
26    fine of $1,000, and 25 days of community service in a

 

 

10300SB3695sam002- 157 -LRB103 39207 LNS 73437 a

1    program benefiting children if the person was transporting
2    a person under the age of 16 at the time of the violation.
3        (4) A person who violates subsection (a) a first time,
4    if the alcohol concentration in his or her blood, breath,
5    other bodily substance, or urine was 0.16 or more based on
6    the definition of blood, breath, other bodily substance,
7    or urine units in Section 11-501.2, shall be subject, in
8    addition to any other penalty that may be imposed, to a
9    mandatory minimum of 100 hours of community service and a
10    mandatory minimum fine of $500.
11        (5) A person who violates subsection (a) a second
12    time, if at the time of the second violation the alcohol
13    concentration in his or her blood, breath, other bodily
14    substance, or urine was 0.16 or more based on the
15    definition of blood, breath, other bodily substance, or
16    urine units in Section 11-501.2, shall be subject, in
17    addition to any other penalty that may be imposed, to a
18    mandatory minimum of 2 days of imprisonment and a
19    mandatory minimum fine of $1,250.
20    (d) Aggravated driving under the influence of alcohol,
21other drug or drugs, or intoxicating compound or compounds, or
22any combination thereof.
23        (1) Every person convicted of committing a violation
24    of this Section shall be guilty of aggravated driving
25    under the influence of alcohol, other drug or drugs, or
26    intoxicating compound or compounds, or any combination

 

 

10300SB3695sam002- 158 -LRB103 39207 LNS 73437 a

1    thereof if:
2            (A) the person committed a violation of subsection
3        (a) or a similar provision for the third or subsequent
4        time;
5            (B) the person committed a violation of subsection
6        (a) while driving a school bus with one or more
7        passengers on board;
8            (C) the person in committing a violation of
9        subsection (a) was involved in a motor vehicle crash
10        that resulted in great bodily harm or permanent
11        disability or disfigurement to another, when the
12        violation was a proximate cause of the injuries;
13            (D) the person committed a violation of subsection
14        (a) and has been previously convicted of violating
15        Section 9-3 of the Criminal Code of 1961 or the
16        Criminal Code of 2012 or a similar provision of a law
17        of another state relating to reckless homicide in
18        which the person was determined to have been under the
19        influence of alcohol, other drug or drugs, or
20        intoxicating compound or compounds as an element of
21        the offense or the person has previously been
22        convicted under subparagraph (C) or subparagraph (F)
23        of this paragraph (1);
24            (E) the person, in committing a violation of
25        subsection (a) while driving at any speed in a school
26        speed zone at a time when a speed limit of 20 miles per

 

 

10300SB3695sam002- 159 -LRB103 39207 LNS 73437 a

1        hour was in effect under subsection (a) of Section
2        11-605 of this Code, was involved in a motor vehicle
3        crash that resulted in bodily harm, other than great
4        bodily harm or permanent disability or disfigurement,
5        to another person, when the violation of subsection
6        (a) was a proximate cause of the bodily harm;
7            (F) the person, in committing a violation of
8        subsection (a), was involved in a motor vehicle crash
9        or snowmobile, all-terrain vehicle, or watercraft
10        accident that resulted in the death of another person,
11        when the violation of subsection (a) was a proximate
12        cause of the death;
13            (G) the person committed a violation of subsection
14        (a) during a period in which the defendant's driving
15        privileges are revoked or suspended, where the
16        revocation or suspension was for a violation of
17        subsection (a) or a similar provision, Section
18        11-501.1, paragraph (b) of Section 11-401, or for
19        reckless homicide as defined in Section 9-3 of the
20        Criminal Code of 1961 or the Criminal Code of 2012;
21            (H) the person committed the violation while he or
22        she did not possess a driver's license or permit or a
23        restricted driving permit or a judicial driving permit
24        or a monitoring device driving permit;
25            (I) the person committed the violation while he or
26        she knew or should have known that the vehicle he or

 

 

10300SB3695sam002- 160 -LRB103 39207 LNS 73437 a

1        she was driving was not covered by a liability
2        insurance policy;
3            (J) the person in committing a violation of
4        subsection (a) was involved in a motor vehicle crash
5        that resulted in bodily harm, but not great bodily
6        harm, to the child under the age of 16 being
7        transported by the person, if the violation was the
8        proximate cause of the injury;
9            (K) the person in committing a second violation of
10        subsection (a) or a similar provision was transporting
11        a person under the age of 16; or
12            (L) the person committed a violation of subsection
13        (a) of this Section while transporting one or more
14        passengers in a vehicle for-hire.
15        (2)(A) Except as provided otherwise, a person
16    convicted of aggravated driving under the influence of
17    alcohol, other drug or drugs, or intoxicating compound or
18    compounds, or any combination thereof is guilty of a Class
19    4 felony.
20        (B) A third violation of this Section or a similar
21    provision is a Class 2 felony. If at the time of the third
22    violation the alcohol concentration in his or her blood,
23    breath, other bodily substance, or urine was 0.16 or more
24    based on the definition of blood, breath, other bodily
25    substance, or urine units in Section 11-501.2, a mandatory
26    minimum of 90 days of imprisonment and a mandatory minimum

 

 

10300SB3695sam002- 161 -LRB103 39207 LNS 73437 a

1    fine of $2,500 shall be imposed in addition to any other
2    criminal or administrative sanction. If at the time of the
3    third violation, the defendant was transporting a person
4    under the age of 16, a mandatory fine of $25,000 and 25
5    days of community service in a program benefiting children
6    shall be imposed in addition to any other criminal or
7    administrative sanction.
8        (C) A fourth violation of this Section or a similar
9    provision is a Class 2 felony, for which a sentence of
10    probation or conditional discharge may not be imposed. If
11    at the time of the violation, the alcohol concentration in
12    the defendant's blood, breath, other bodily substance, or
13    urine was 0.16 or more based on the definition of blood,
14    breath, other bodily substance, or urine units in Section
15    11-501.2, a mandatory minimum fine of $5,000 shall be
16    imposed in addition to any other criminal or
17    administrative sanction. If at the time of the fourth
18    violation, the defendant was transporting a person under
19    the age of 16 a mandatory fine of $25,000 and 25 days of
20    community service in a program benefiting children shall
21    be imposed in addition to any other criminal or
22    administrative sanction.
23        (D) A fifth violation of this Section or a similar
24    provision is a Class 1 felony, for which a sentence of
25    probation or conditional discharge may not be imposed. If
26    at the time of the violation, the alcohol concentration in

 

 

10300SB3695sam002- 162 -LRB103 39207 LNS 73437 a

1    the defendant's blood, breath, other bodily substance, or
2    urine was 0.16 or more based on the definition of blood,
3    breath, other bodily substance, or urine units in Section
4    11-501.2, a mandatory minimum fine of $5,000 shall be
5    imposed in addition to any other criminal or
6    administrative sanction. If at the time of the fifth
7    violation, the defendant was transporting a person under
8    the age of 16, a mandatory fine of $25,000, and 25 days of
9    community service in a program benefiting children shall
10    be imposed in addition to any other criminal or
11    administrative sanction.
12        (E) A sixth or subsequent violation of this Section or
13    similar provision is a Class X felony. If at the time of
14    the violation, the alcohol concentration in the
15    defendant's blood, breath, other bodily substance, or
16    urine was 0.16 or more based on the definition of blood,
17    breath, other bodily substance, or urine units in Section
18    11-501.2, a mandatory minimum fine of $5,000 shall be
19    imposed in addition to any other criminal or
20    administrative sanction. If at the time of the violation,
21    the defendant was transporting a person under the age of
22    16, a mandatory fine of $25,000 and 25 days of community
23    service in a program benefiting children shall be imposed
24    in addition to any other criminal or administrative
25    sanction.
26        (F) For a violation of subparagraph (C) of paragraph

 

 

10300SB3695sam002- 163 -LRB103 39207 LNS 73437 a

1    (1) of this subsection (d), the defendant, if sentenced to
2    a term of imprisonment, shall be sentenced to not less
3    than one year nor more than 12 years.
4        (G) A violation of subparagraph (F) of paragraph (1)
5    of this subsection (d) is a Class 2 felony, for which the
6    defendant, unless the court determines that extraordinary
7    circumstances exist and require probation, shall be
8    sentenced to: (i) a term of imprisonment of not less than 3
9    years and not more than 14 years if the violation resulted
10    in the death of one person; or (ii) a term of imprisonment
11    of not less than 6 years and not more than 28 years if the
12    violation resulted in the deaths of 2 or more persons.
13        (H) For a violation of subparagraph (J) of paragraph
14    (1) of this subsection (d), a mandatory fine of $2,500,
15    and 25 days of community service in a program benefiting
16    children shall be imposed in addition to any other
17    criminal or administrative sanction.
18        (I) A violation of subparagraph (K) of paragraph (1)
19    of this subsection (d), is a Class 2 felony and a mandatory
20    fine of $2,500, and 25 days of community service in a
21    program benefiting children shall be imposed in addition
22    to any other criminal or administrative sanction. If the
23    child being transported suffered bodily harm, but not
24    great bodily harm, in a motor vehicle crash, and the
25    violation was the proximate cause of that injury, a
26    mandatory fine of $5,000 and 25 days of community service

 

 

10300SB3695sam002- 164 -LRB103 39207 LNS 73437 a

1    in a program benefiting children shall be imposed in
2    addition to any other criminal or administrative sanction.
3        (J) A violation of subparagraph (D) of paragraph (1)
4    of this subsection (d) is a Class 3 felony, for which a
5    sentence of probation or conditional discharge may not be
6    imposed.
7        (3) Any person sentenced under this subsection (d) who
8    receives a term of probation or conditional discharge must
9    serve a minimum term of either 480 hours of community
10    service or 10 days of imprisonment as a condition of the
11    probation or conditional discharge in addition to any
12    other criminal or administrative sanction.
13    (e) Any reference to a prior violation of subsection (a)
14or a similar provision includes any violation of a provision
15of a local ordinance or a provision of a law of another state
16or an offense committed on a military installation that is
17similar to a violation of subsection (a) of this Section.
18    (f) The imposition of a mandatory term of imprisonment or
19assignment of community service for a violation of this
20Section shall not be suspended or reduced by the court.
21    (g) Any penalty imposed for driving with a license that
22has been revoked for a previous violation of subsection (a) of
23this Section shall be in addition to the penalty imposed for
24any subsequent violation of subsection (a).
25    (h) For any prosecution under this Section, a certified
26copy of the driving abstract of the defendant shall be

 

 

10300SB3695sam002- 165 -LRB103 39207 LNS 73437 a

1admitted as proof of any prior conviction.
2(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
 
3    Section 915. The Illinois Controlled Substances Act is
4amended by changing Sections 102 and 204 as follows:
 
5    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
6    Sec. 102. Definitions. As used in this Act, unless the
7context otherwise requires:
8    (a) "Addict" means any person who habitually uses any
9drug, chemical, substance or dangerous drug other than alcohol
10so as to endanger the public morals, health, safety or welfare
11or who is so far addicted to the use of a dangerous drug or
12controlled substance other than alcohol as to have lost the
13power of self control with reference to his or her addiction.
14    (b) "Administer" means the direct application of a
15controlled substance, whether by injection, inhalation,
16ingestion, or any other means, to the body of a patient,
17research subject, or animal (as defined by the Humane
18Euthanasia in Animal Shelters Act) by:
19        (1) a practitioner (or, in his or her presence, by his
20    or her authorized agent),
21        (2) the patient or research subject pursuant to an
22    order, or
23        (3) a euthanasia technician as defined by the Humane
24    Euthanasia in Animal Shelters Act.

 

 

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1    (c) "Agent" means an authorized person who acts on behalf
2of or at the direction of a manufacturer, distributor,
3dispenser, prescriber, or practitioner. It does not include a
4common or contract carrier, public warehouseman or employee of
5the carrier or warehouseman.
6    (c-1) "Anabolic Steroids" means any drug or hormonal
7substance, chemically and pharmacologically related to
8testosterone (other than estrogens, progestins,
9corticosteroids, and dehydroepiandrosterone), and includes:
10    (i) 3[beta],17-dihydroxy-5a-androstane, 
11    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
12    (iii) 5[alpha]-androstan-3,17-dione, 
13    (iv) 1-androstenediol (3[beta], 
14        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
15    (v) 1-androstenediol (3[alpha], 
16        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
17    (vi) 4-androstenediol  
18        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
19    (vii) 5-androstenediol  
20        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
21    (viii) 1-androstenedione  
22        ([5alpha]-androst-1-en-3,17-dione), 
23    (ix) 4-androstenedione  
24        (androst-4-en-3,17-dione), 
25    (x) 5-androstenedione  
26        (androst-5-en-3,17-dione), 

 

 

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1    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
2        hydroxyandrost-4-en-3-one), 
3    (xii) boldenone (17[beta]-hydroxyandrost- 
4        1,4,-diene-3-one), 
5    (xiii) boldione (androsta-1,4- 
6        diene-3,17-dione), 
7    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
8        [beta]-hydroxyandrost-4-en-3-one), 
9    (xv) clostebol (4-chloro-17[beta]- 
10        hydroxyandrost-4-en-3-one), 
11    (xvi) dehydrochloromethyltestosterone (4-chloro- 
12        17[beta]-hydroxy-17[alpha]-methyl- 
13        androst-1,4-dien-3-one), 
14    (xvii) desoxymethyltestosterone 
15    (17[alpha]-methyl-5[alpha] 
16        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
17    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
18        '1-testosterone') (17[beta]-hydroxy- 
19        5[alpha]-androst-1-en-3-one), 
20    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
21        androstan-3-one), 
22    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
23        5[alpha]-androstan-3-one), 
24    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
25        hydroxyestr-4-ene), 
26    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 

 

 

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1        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
2    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
3        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
4    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
5        hydroxyandrostano[2,3-c]-furazan), 
6    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
7    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
8        androst-4-en-3-one), 
9    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
10        dihydroxy-estr-4-en-3-one), 
11    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
12        hydroxy-5-androstan-3-one), 
13    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
14        [5a]-androstan-3-one), 
15    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
16        hydroxyandrost-1,4-dien-3-one), 
17    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
18        dihydroxyandrost-5-ene), 
19    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
20        5[alpha]-androst-1-en-3-one), 
21    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
22        dihydroxy-5a-androstane, 
23    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
24        -5a-androstane, 
25    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
26        dihydroxyandrost-4-ene), 

 

 

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1    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
2        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
3    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
4        hydroxyestra-4,9(10)-dien-3-one), 
5    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
6        hydroxyestra-4,9-11-trien-3-one), 
7    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
8        hydroxyandrost-4-en-3-one), 
9    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
10        hydroxyestr-4-en-3-one), 
11    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
12        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
13        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
14        1-testosterone'), 
15    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
16    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
17        dihydroxyestr-4-ene), 
18    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
19        dihydroxyestr-4-ene), 
20    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
21        dihydroxyestr-5-ene), 
22    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
23        dihydroxyestr-5-ene), 
24    (xlvii) 19-nor-4,9(10)-androstadienedione  
25        (estra-4,9(10)-diene-3,17-dione), 
26    (xlviii) 19-nor-4-androstenedione (estr-4- 

 

 

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1        en-3,17-dione), 
2    (xlix) 19-nor-5-androstenedione (estr-5- 
3        en-3,17-dione), 
4    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
5        hydroxygon-4-en-3-one), 
6    (li) norclostebol (4-chloro-17[beta]- 
7        hydroxyestr-4-en-3-one), 
8    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
9        hydroxyestr-4-en-3-one), 
10    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
11        hydroxyestr-4-en-3-one), 
12    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
13        2-oxa-5[alpha]-androstan-3-one), 
14    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
15        dihydroxyandrost-4-en-3-one), 
16    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
17        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
18    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
19        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
20    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
21        (5[alpha]-androst-1-en-3-one), 
22    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
23        secoandrosta-1,4-dien-17-oic 
24        acid lactone), 
25    (lx) testosterone (17[beta]-hydroxyandrost- 
26        4-en-3-one), 

 

 

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1    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
2        diethyl-17[beta]-hydroxygon- 
3        4,9,11-trien-3-one), 
4    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
5        11-trien-3-one). 
6    Any person who is otherwise lawfully in possession of an
7anabolic steroid, or who otherwise lawfully manufactures,
8distributes, dispenses, delivers, or possesses with intent to
9deliver an anabolic steroid, which anabolic steroid is
10expressly intended for and lawfully allowed to be administered
11through implants to livestock or other nonhuman species, and
12which is approved by the Secretary of Health and Human
13Services for such administration, and which the person intends
14to administer or have administered through such implants,
15shall not be considered to be in unauthorized possession or to
16unlawfully manufacture, distribute, dispense, deliver, or
17possess with intent to deliver such anabolic steroid for
18purposes of this Act.
19    (d) "Administration" means the Drug Enforcement
20Administration, United States Department of Justice, or its
21successor agency.
22    (d-5) "Clinical Director, Prescription Monitoring Program"
23means a Department of Human Services administrative employee
24licensed to either prescribe or dispense controlled substances
25who shall run the clinical aspects of the Department of Human
26Services Prescription Monitoring Program and its Prescription

 

 

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1Information Library.
2    (d-10) "Compounding" means the preparation and mixing of
3components, excluding flavorings, (1) as the result of a
4prescriber's prescription drug order or initiative based on
5the prescriber-patient-pharmacist relationship in the course
6of professional practice or (2) for the purpose of, or
7incident to, research, teaching, or chemical analysis and not
8for sale or dispensing. "Compounding" includes the preparation
9of drugs or devices in anticipation of receiving prescription
10drug orders based on routine, regularly observed dispensing
11patterns. Commercially available products may be compounded
12for dispensing to individual patients only if both of the
13following conditions are met: (i) the commercial product is
14not reasonably available from normal distribution channels in
15a timely manner to meet the patient's needs and (ii) the
16prescribing practitioner has requested that the drug be
17compounded.
18    (e) "Control" means to add a drug or other substance, or
19immediate precursor, to a Schedule whether by transfer from
20another Schedule or otherwise.
21    (f) "Controlled Substance" means (i) a drug, substance,
22immediate precursor, or synthetic drug in the Schedules of
23Article II of this Act or (ii) a drug or other substance, or
24immediate precursor, designated as a controlled substance by
25the Department through administrative rule. The term does not
26include: distilled spirits, wine, malt beverages, or tobacco,

 

 

10300SB3695sam002- 173 -LRB103 39207 LNS 73437 a

1as those terms are defined or used in the Liquor Control Act of
21934 and the Tobacco Products Tax Act of 1995; or psilocybin or
3a psilocybin product, as those terms are defined or used in the
4Compassionate Use and Research of Entheogens Act.
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
8    substance in Schedule I or II;
9        (2) which has a stimulant, depressant, or
10    hallucinogenic effect on the central nervous system that
11    is 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,
23which, or the container or labeling of which, without
24authorization bears the trademark, trade name, or other
25identifying mark, imprint, number or device, or any likeness
26thereof, of a manufacturer, distributor, or dispenser other

 

 

10300SB3695sam002- 174 -LRB103 39207 LNS 73437 a

1than the person who in fact manufactured, distributed, or
2dispensed the substance.
3    (h) "Deliver" or "delivery" means the actual, constructive
4or attempted transfer of possession of a controlled substance,
5with or without consideration, whether or not there is an
6agency relationship. "Deliver" or "delivery" does not include
7the donation of drugs to the extent permitted under the
8Illinois Drug Reuse Opportunity Program Act.
9    (i) "Department" means the Illinois Department of Human
10Services (as successor to the Department of Alcoholism and
11Substance Abuse) or its successor agency.
12    (j) (Blank).
13    (k) "Department of Corrections" means the Department of
14Corrections of the State of Illinois or its successor agency.
15    (l) "Department of Financial and Professional Regulation"
16means the Department of Financial and Professional Regulation
17of the State of Illinois or its successor agency.
18    (m) "Depressant" means any drug that (i) causes an overall
19depression of central nervous system functions, (ii) causes
20impaired consciousness and awareness, and (iii) can be
21habit-forming or lead to a substance abuse problem, including,
22but not limited to, alcohol, cannabis and its active
23principles and their analogs, benzodiazepines and their
24analogs, barbiturates and their analogs, opioids (natural and
25synthetic) and their analogs, and chloral hydrate and similar
26sedative hypnotics.

 

 

10300SB3695sam002- 175 -LRB103 39207 LNS 73437 a

1    (n) (Blank).
2    (o) "Director" means the Director of the Illinois State
3Police or his or her designated agents.
4    (p) "Dispense" means to deliver a controlled substance to
5an ultimate user or research subject by or pursuant to the
6lawful order of a prescriber, including the prescribing,
7administering, packaging, labeling, or compounding necessary
8to prepare the substance for that delivery.
9    (q) "Dispenser" means a practitioner who dispenses.
10    (r) "Distribute" means to deliver, other than by
11administering or dispensing, a controlled substance.
12    (s) "Distributor" means a person who distributes.
13    (t) "Drug" means (1) substances recognized as drugs in the
14official United States Pharmacopoeia, Official Homeopathic
15Pharmacopoeia of the United States, or official National
16Formulary, or any supplement to any of them; (2) substances
17intended for use in diagnosis, cure, mitigation, treatment, or
18prevention of disease in man or animals; (3) substances (other
19than food) intended to affect the structure of any function of
20the body of man or animals and (4) substances intended for use
21as a component of any article specified in clause (1), (2), or
22(3) of this subsection. It does not include devices or their
23components, parts, or accessories.
24    (t-3) "Electronic health record" or "EHR" means an
25electronic record of health-related information on an
26individual that is created, gathered, managed, and consulted

 

 

10300SB3695sam002- 176 -LRB103 39207 LNS 73437 a

1by authorized health care clinicians and staff.
2    (t-3.5) "Electronic health record system" or "EHR system"
3means any computer-based system or combination of federally
4certified Health IT Modules (defined at 42 CFR 170.102 or its
5successor) used as a repository for electronic health records
6and accessed or updated by a prescriber or authorized
7surrogate in the ordinary course of his or her medical
8practice. For purposes of connecting to the Prescription
9Information Library maintained by the Bureau of Pharmacy and
10Clinical Support Systems or its successor, an EHR system may
11connect to the Prescription Information Library directly or
12through all or part of a computer program or system that is a
13federally certified Health IT Module maintained by a third
14party and used by the EHR system to secure access to the
15database.
16    (t-4) "Emergency medical services personnel" has the
17meaning ascribed to it in the Emergency Medical Services (EMS)
18Systems Act.
19    (t-5) "Euthanasia agency" means an entity certified by the
20Department of Financial and Professional Regulation for the
21purpose of animal euthanasia that holds an animal control
22facility license or animal shelter license under the Animal
23Welfare Act. A euthanasia agency is authorized to purchase,
24store, possess, and utilize Schedule II nonnarcotic and
25Schedule III nonnarcotic drugs for the sole purpose of animal
26euthanasia.

 

 

10300SB3695sam002- 177 -LRB103 39207 LNS 73437 a

1    (t-10) "Euthanasia drugs" means Schedule II or Schedule
2III substances (nonnarcotic controlled substances) that are
3used by a euthanasia agency for the purpose of animal
4euthanasia.
5    (u) "Good faith" means the prescribing or dispensing of a
6controlled substance by a practitioner in the regular course
7of professional treatment to or for any person who is under his
8or her treatment for a pathology or condition other than that
9individual's physical or psychological dependence upon or
10addiction to a controlled substance, except as provided
11herein: and application of the term to a pharmacist shall mean
12the dispensing of a controlled substance pursuant to the
13prescriber's order which in the professional judgment of the
14pharmacist is lawful. The pharmacist shall be guided by
15accepted professional standards, including, but not limited
16to, the following, in making the judgment:
17        (1) lack of consistency of prescriber-patient
18    relationship,
19        (2) frequency of prescriptions for same drug by one
20    prescriber for large numbers of patients,
21        (3) quantities beyond those normally prescribed,
22        (4) unusual dosages (recognizing that there may be
23    clinical circumstances where more or less than the usual
24    dose may be used legitimately),
25        (5) unusual geographic distances between patient,
26    pharmacist and prescriber,

 

 

10300SB3695sam002- 178 -LRB103 39207 LNS 73437 a

1        (6) consistent prescribing of habit-forming drugs.
2    (u-0.5) "Hallucinogen" means a drug that causes markedly
3altered sensory perception leading to hallucinations of any
4type.
5    (u-1) "Home infusion services" means services provided by
6a pharmacy in compounding solutions for direct administration
7to a patient in a private residence, long-term care facility,
8or hospice setting by means of parenteral, intravenous,
9intramuscular, subcutaneous, or intraspinal infusion.
10    (u-5) "Illinois State Police" means the Illinois State
11Police or its successor agency.
12    (v) "Immediate precursor" means a substance:
13        (1) which the Department has found to be and by rule
14    designated as being a principal compound used, or produced
15    primarily for use, in the manufacture of a controlled
16    substance;
17        (2) which is an immediate chemical intermediary used
18    or likely to be used in the manufacture of such controlled
19    substance; and
20        (3) the control of which is necessary to prevent,
21    curtail or limit the manufacture of such controlled
22    substance.
23    (w) "Instructional activities" means the acts of teaching,
24educating or instructing by practitioners using controlled
25substances within educational facilities approved by the State
26Board of Education or its successor agency.

 

 

10300SB3695sam002- 179 -LRB103 39207 LNS 73437 a

1    (x) "Local authorities" means a duly organized State,
2County or Municipal peace unit or police force.
3    (y) "Look-alike substance" means a substance, other than a
4controlled substance which (1) by overall dosage unit
5appearance, including shape, color, size, markings or lack
6thereof, taste, consistency, or any other identifying physical
7characteristic of the substance, would lead a reasonable
8person to believe that the substance is a controlled
9substance, or (2) is expressly or impliedly represented to be
10a controlled substance or is distributed under circumstances
11which would lead a reasonable person to believe that the
12substance is a controlled substance. For the purpose of
13determining whether the representations made or the
14circumstances of the distribution would lead a reasonable
15person to believe the substance to be a controlled substance
16under this clause (2) of subsection (y), the court or other
17authority may consider the following factors in addition to
18any other factor that may be relevant:
19        (a) statements made by the owner or person in control
20    of the substance concerning its nature, use or effect;
21        (b) statements made to the buyer or recipient that the
22    substance may be resold for profit;
23        (c) whether the substance is packaged in a manner
24    normally used for the illegal distribution of controlled
25    substances;
26        (d) whether the distribution or attempted distribution

 

 

10300SB3695sam002- 180 -LRB103 39207 LNS 73437 a

1    included an exchange of or demand for money or other
2    property as consideration, and whether the amount of the
3    consideration was substantially greater than the
4    reasonable retail market value of the substance.
5    Clause (1) of this subsection (y) shall not apply to a
6noncontrolled substance in its finished dosage form that was
7initially introduced into commerce prior to the initial
8introduction into commerce of a controlled substance in its
9finished dosage form which it may substantially resemble.
10    Nothing in this subsection (y) prohibits the dispensing or
11distributing of noncontrolled substances by persons authorized
12to dispense and distribute controlled substances under this
13Act, provided that such action would be deemed to be carried
14out in good faith under subsection (u) if the substances
15involved were controlled substances.
16    Nothing in this subsection (y) or in this Act prohibits
17the manufacture, preparation, propagation, compounding,
18processing, packaging, advertising or distribution of a drug
19or drugs by any person registered pursuant to Section 510 of
20the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
21    (y-1) "Mail-order pharmacy" means a pharmacy that is
22located in a state of the United States that delivers,
23dispenses or distributes, through the United States Postal
24Service or other common carrier, to Illinois residents, any
25substance which requires a prescription.
26    (z) "Manufacture" means the production, preparation,

 

 

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1propagation, compounding, conversion or processing of a
2controlled substance other than methamphetamine, either
3directly or indirectly, by extraction from substances of
4natural origin, or independently by means of chemical
5synthesis, or by a combination of extraction and chemical
6synthesis, and includes any packaging or repackaging of the
7substance or labeling of its container, except that this term
8does not include:
9        (1) by an ultimate user, the preparation or
10    compounding of a controlled substance for his or her own
11    use;
12        (2) by a practitioner, or his or her authorized agent
13    under his or her supervision, the preparation,
14    compounding, packaging, or labeling of a controlled
15    substance:
16            (a) as an incident to his or her administering or
17        dispensing of a controlled substance in the course of
18        his or her professional practice; or
19            (b) as an incident to lawful research, teaching or
20        chemical analysis and not for sale; or
21        (3) the packaging, repackaging, or labeling of drugs
22    only to the extent permitted under the Illinois Drug Reuse
23    Opportunity Program Act.
24    (z-1) (Blank).
25    (z-5) "Medication shopping" means the conduct prohibited
26under subsection (a) of Section 314.5 of this Act.

 

 

10300SB3695sam002- 182 -LRB103 39207 LNS 73437 a

1    (z-10) "Mid-level practitioner" means (i) a physician
2assistant who has been delegated authority to prescribe
3through a written delegation of authority by a physician
4licensed to practice medicine in all of its branches, in
5accordance with Section 7.5 of the Physician Assistant
6Practice Act of 1987, (ii) an advanced practice registered
7nurse who has been delegated authority to prescribe through a
8written delegation of authority by a physician licensed to
9practice medicine in all of its branches or by a podiatric
10physician, in accordance with Section 65-40 of the Nurse
11Practice Act, (iii) an advanced practice registered nurse
12certified as a nurse practitioner, nurse midwife, or clinical
13nurse specialist who has been granted authority to prescribe
14by a hospital affiliate in accordance with Section 65-45 of
15the Nurse Practice Act, (iv) an animal euthanasia agency, or
16(v) a prescribing psychologist.
17    (aa) "Narcotic drug" means any of the following, whether
18produced directly or indirectly by extraction from substances
19of vegetable origin, or independently by means of chemical
20synthesis, or by a combination of extraction and chemical
21synthesis:
22        (1) opium, opiates, derivatives of opium and opiates,
23    including their isomers, esters, ethers, salts, and salts
24    of isomers, esters, and ethers, whenever the existence of
25    such isomers, esters, ethers, and salts is possible within
26    the specific chemical designation; however the term

 

 

10300SB3695sam002- 183 -LRB103 39207 LNS 73437 a

1    "narcotic drug" does not include the isoquinoline
2    alkaloids of opium;
3        (2) (blank);
4        (3) opium poppy and poppy straw;
5        (4) coca leaves, except coca leaves and extracts of
6    coca leaves from which substantially all of the cocaine
7    and ecgonine, and their isomers, derivatives and salts,
8    have been removed;
9        (5) cocaine, its salts, optical and geometric isomers,
10    and salts of isomers;
11        (6) ecgonine, its derivatives, their salts, isomers,
12    and salts of isomers;
13        (7) any compound, mixture, or preparation which
14    contains any quantity of any of the substances referred to
15    in subparagraphs (1) through (6).
16    (bb) "Nurse" means a registered nurse licensed under the
17Nurse Practice Act.
18    (cc) (Blank).
19    (dd) "Opiate" means any substance having an addiction
20forming or addiction sustaining liability similar to morphine
21or being capable of conversion into a drug having addiction
22forming or addiction sustaining liability.
23    (ee) "Opium poppy" means the plant of the species Papaver
24somniferum L., except its seeds.
25    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
26solution or other liquid form of medication intended for

 

 

10300SB3695sam002- 184 -LRB103 39207 LNS 73437 a

1administration by mouth, but the term does not include a form
2of medication intended for buccal, sublingual, or transmucosal
3administration.
4    (ff) "Parole and Pardon Board" means the Parole and Pardon
5Board of the State of Illinois or its successor agency.
6    (gg) "Person" means any individual, corporation,
7mail-order pharmacy, government or governmental subdivision or
8agency, business trust, estate, trust, partnership or
9association, or any other entity.
10    (hh) "Pharmacist" means any person who holds a license or
11certificate of registration as a registered pharmacist, a
12local registered pharmacist or a registered assistant
13pharmacist under the Pharmacy Practice Act.
14    (ii) "Pharmacy" means any store, ship or other place in
15which pharmacy is authorized to be practiced under the
16Pharmacy Practice Act.
17    (ii-5) "Pharmacy shopping" means the conduct prohibited
18under subsection (b) of Section 314.5 of this Act.
19    (ii-10) "Physician" (except when the context otherwise
20requires) means a person licensed to practice medicine in all
21of its branches.
22    (jj) "Poppy straw" means all parts, except the seeds, of
23the opium poppy, after mowing.
24    (kk) "Practitioner" means a physician licensed to practice
25medicine in all its branches, dentist, optometrist, podiatric
26physician, veterinarian, scientific investigator, pharmacist,

 

 

10300SB3695sam002- 185 -LRB103 39207 LNS 73437 a

1physician assistant, advanced practice registered nurse,
2licensed practical nurse, registered nurse, emergency medical
3services personnel, hospital, laboratory, or pharmacy, or
4other person licensed, registered, or otherwise lawfully
5permitted by the United States or this State to distribute,
6dispense, conduct research with respect to, administer or use
7in teaching or chemical analysis, a controlled substance in
8the course of professional practice or research.
9    (ll) "Pre-printed prescription" means a written
10prescription upon which the designated drug has been indicated
11prior to the time of issuance; the term does not mean a written
12prescription that is individually generated by machine or
13computer in the prescriber's office.
14    (mm) "Prescriber" means a physician licensed to practice
15medicine in all its branches, dentist, optometrist,
16prescribing psychologist licensed under Section 4.2 of the
17Clinical Psychologist Licensing Act with prescriptive
18authority delegated under Section 4.3 of the Clinical
19Psychologist Licensing Act, podiatric physician, or
20veterinarian who issues a prescription, a physician assistant
21who issues a prescription for a controlled substance in
22accordance with Section 303.05, a written delegation, and a
23written collaborative agreement required under Section 7.5 of
24the Physician Assistant Practice Act of 1987, an advanced
25practice registered nurse with prescriptive authority
26delegated under Section 65-40 of the Nurse Practice Act and in

 

 

10300SB3695sam002- 186 -LRB103 39207 LNS 73437 a

1accordance with Section 303.05, a written delegation, and a
2written collaborative agreement under Section 65-35 of the
3Nurse Practice Act, an advanced practice registered nurse
4certified as a nurse practitioner, nurse midwife, or clinical
5nurse specialist who has been granted authority to prescribe
6by a hospital affiliate in accordance with Section 65-45 of
7the Nurse Practice Act and in accordance with Section 303.05,
8or an advanced practice registered nurse certified as a nurse
9practitioner, nurse midwife, or clinical nurse specialist who
10has full practice authority pursuant to Section 65-43 of the
11Nurse Practice Act.
12    (nn) "Prescription" means a written, facsimile, or oral
13order, or an electronic order that complies with applicable
14federal requirements, of a physician licensed to practice
15medicine in all its branches, dentist, podiatric physician or
16veterinarian for any controlled substance, of an optometrist
17in accordance with Section 15.1 of the Illinois Optometric
18Practice Act of 1987, of a prescribing psychologist licensed
19under Section 4.2 of the Clinical Psychologist Licensing Act
20with prescriptive authority delegated under Section 4.3 of the
21Clinical Psychologist Licensing Act, of a physician assistant
22for a controlled substance in accordance with Section 303.05,
23a written delegation, and a written collaborative agreement
24required under Section 7.5 of the Physician Assistant Practice
25Act of 1987, of an advanced practice registered nurse with
26prescriptive authority delegated under Section 65-40 of the

 

 

10300SB3695sam002- 187 -LRB103 39207 LNS 73437 a

1Nurse Practice Act who issues a prescription for a controlled
2substance in accordance with Section 303.05, a written
3delegation, and a written collaborative agreement under
4Section 65-35 of the Nurse Practice Act, of an advanced
5practice registered nurse certified as a nurse practitioner,
6nurse midwife, or clinical nurse specialist who has been
7granted authority to prescribe by a hospital affiliate in
8accordance with Section 65-45 of the Nurse Practice Act and in
9accordance with Section 303.05 when required by law, or of an
10advanced practice registered nurse certified as a nurse
11practitioner, nurse midwife, or clinical nurse specialist who
12has full practice authority pursuant to Section 65-43 of the
13Nurse Practice Act.
14    (nn-5) "Prescription Information Library" (PIL) means an
15electronic library that contains reported controlled substance
16data.
17    (nn-10) "Prescription Monitoring Program" (PMP) means the
18entity that collects, tracks, and stores reported data on
19controlled substances and select drugs pursuant to Section
20316.
21    (oo) "Production" or "produce" means manufacture,
22planting, cultivating, growing, or harvesting of a controlled
23substance other than methamphetamine.
24    (pp) "Registrant" means every person who is required to
25register under Section 302 of this Act.
26    (qq) "Registry number" means the number assigned to each

 

 

10300SB3695sam002- 188 -LRB103 39207 LNS 73437 a

1person authorized to handle controlled substances under the
2laws of the United States and of this State.
3    (qq-5) "Secretary" means, as the context requires, either
4the Secretary of the Department or the Secretary of the
5Department of Financial and Professional Regulation, and the
6Secretary's designated agents.
7    (rr) "State" includes the State of Illinois and any state,
8district, commonwealth, territory, insular possession thereof,
9and any area subject to the legal authority of the United
10States of America.
11    (rr-5) "Stimulant" means any drug that (i) causes an
12overall excitation of central nervous system functions, (ii)
13causes impaired consciousness and awareness, and (iii) can be
14habit-forming or lead to a substance abuse problem, including,
15but not limited to, amphetamines and their analogs,
16methylphenidate and its analogs, cocaine, and phencyclidine
17and its analogs.
18    (rr-10) "Synthetic drug" includes, but is not limited to,
19any synthetic cannabinoids or piperazines or any synthetic
20cathinones as provided for in Schedule I.
21    (ss) "Ultimate user" means a person who lawfully possesses
22a controlled substance for his or her own use or for the use of
23a member of his or her household or for administering to an
24animal owned by him or her or by a member of his or her
25household.
26(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;

 

 

10300SB3695sam002- 189 -LRB103 39207 LNS 73437 a

1102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
2    (720 ILCS 570/204)  (from Ch. 56 1/2, par. 1204)
3    Sec. 204. (a) The controlled substances listed in this
4Section are included in Schedule I.
5    (b) Unless specifically excepted or unless listed in
6another schedule, any of the following opiates, including
7their isomers, esters, ethers, salts, and salts of isomers,
8esters, and ethers, whenever the existence of such isomers,
9esters, ethers and salts is possible within the specific
10chemical 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

 

 

10300SB3695sam002- 190 -LRB103 39207 LNS 73437 a

1    (N-[1-methyl-2-(2-thienyl)ethyl-
2    4-piperidinyl]-N-phenylpropanamide);
3        (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
4        (7.1) PEPAP
5    (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
6        (8) Benzethidine;
7        (9) Betacetylmethadol;
8        (9.1) Beta-hydroxyfentanyl
9    (N-[1-(2-hydroxy-2-phenethyl)-
10    4-piperidinyl]-N-phenylpropanamide);
11        (10) Betameprodine;
12        (11) Betamethadol;
13        (12) Betaprodine;
14        (13) Clonitazene;
15        (14) Dextromoramide;
16        (15) Diampromide;
17        (16) Diethylthiambutene;
18        (17) Difenoxin;
19        (18) Dimenoxadol;
20        (19) Dimepheptanol;
21        (20) Dimethylthiambutene;
22        (21) Dioxaphetylbutyrate;
23        (22) Dipipanone;
24        (23) Ethylmethylthiambutene;
25        (24) Etonitazene;
26        (25) Etoxeridine;

 

 

10300SB3695sam002- 191 -LRB103 39207 LNS 73437 a

1        (26) Furethidine;
2        (27) Hydroxpethidine;
3        (28) Ketobemidone;
4        (29) Levomoramide;
5        (30) Levophenacylmorphan;
6        (31) 3-Methylfentanyl
7    (N-[3-methyl-1-(2-phenylethyl)-
8    4-piperidyl]-N-phenylpropanamide);
9        (31.1) 3-Methylthiofentanyl
10    (N-[(3-methyl-1-(2-thienyl)ethyl-
11    4-piperidinyl]-N-phenylpropanamide);
12        (32) Morpheridine;
13        (33) Noracymethadol;
14        (34) Norlevorphanol;
15        (35) Normethadone;
16        (36) Norpipanone;
17        (36.1) Para-fluorofentanyl
18    (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
19    4-piperidinyl]propanamide);
20        (37) Phenadoxone;
21        (38) Phenampromide;
22        (39) Phenomorphan;
23        (40) Phenoperidine;
24        (41) Piritramide;
25        (42) Proheptazine;
26        (43) Properidine;

 

 

10300SB3695sam002- 192 -LRB103 39207 LNS 73437 a

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        (49) Furanyl fentanyl (FU-F);
12        (50) Butyryl fentanyl;
13        (51) Valeryl fentanyl;
14        (52) Acetyl fentanyl;
15        (53) Beta-hydroxy-thiofentanyl;
16        (54) 3,4-dichloro-N-[2-
17    (dimethylamino)cyclohexyl]-N-
18    methylbenzamide (U-47700); 
19        (55) 4-chloro-N-[1-[2-
20    (4-nitrophenyl)ethyl]-2-piperidinylidene]-
21    benzenesulfonamide (W-18); 
22        (56) 4-chloro-N-[1-(2-phenylethyl)
23    -2-piperidinylidene]-benzenesulfonamide (W-15); 
24        (57) acrylfentanyl (acryloylfentanyl). 
25    (c) Unless specifically excepted or unless listed in
26another schedule, any of the following opium derivatives, its

 

 

10300SB3695sam002- 193 -LRB103 39207 LNS 73437 a

1salts, isomers and salts of isomers, whenever the existence of
2such salts, isomers and salts of isomers is possible within
3the specific chemical designation:
4        (1) Acetorphine;
5        (2) Acetyldihydrocodeine;
6        (3) Benzylmorphine;
7        (4) Codeine methylbromide;
8        (5) Codeine-N-Oxide;
9        (6) Cyprenorphine;
10        (7) Desomorphine;
11        (8) Diacetyldihydromorphine (Dihydroheroin);
12        (9) Dihydromorphine;
13        (10) Drotebanol;
14        (11) Etorphine (except hydrochloride salt);
15        (12) Heroin;
16        (13) Hydromorphinol;
17        (14) Methyldesorphine;
18        (15) Methyldihydromorphine;
19        (16) Morphine methylbromide;
20        (17) Morphine methylsulfonate;
21        (18) Morphine-N-Oxide;
22        (19) Myrophine;
23        (20) Nicocodeine;
24        (21) Nicomorphine;
25        (22) Normorphine;
26        (23) Pholcodine;

 

 

10300SB3695sam002- 194 -LRB103 39207 LNS 73437 a

1        (24) Thebacon.
2    (d) Unless specifically excepted or unless listed in
3another schedule, any material, compound, mixture, or
4preparation which contains any quantity of the following
5hallucinogenic substances, or which contains any of its salts,
6isomers and salts of isomers, whenever the existence of such
7salts, isomers, and salts of isomers is possible within the
8specific chemical designation (for the purposes of this
9paragraph only, the term "isomer" includes the optical,
10position and geometric isomers):
11        (1) 3,4-methylenedioxyamphetamine
12    (alpha-methyl,3,4-methylenedioxyphenethylamine,
13    methylenedioxyamphetamine, MDA);
14        (1.1) Alpha-ethyltryptamine
15    (some trade or other names: etryptamine;
16    MONASE; alpha-ethyl-1H-indole-3-ethanamine;
17    3-(2-aminobutyl)indole; a-ET; and AET);
18        (2) 3,4-methylenedioxymethamphetamine (MDMA);
19        (2.1) 3,4-methylenedioxy-N-ethylamphetamine
20    (also known as: N-ethyl-alpha-methyl-
21    3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
22    and MDEA);
23        (2.2) N-Benzylpiperazine (BZP);
24        (2.2-1) Trifluoromethylphenylpiperazine (TFMPP);
25        (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
26        (4) 3,4,5-trimethoxyamphetamine (TMA);

 

 

10300SB3695sam002- 195 -LRB103 39207 LNS 73437 a

1        (5) (Blank);
2        (6) Diethyltryptamine (DET);
3        (7) Dimethyltryptamine (DMT);
4        (7.1) 5-Methoxy-diallyltryptamine;
5        (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
6        (9) Ibogaine  (some trade and other names:
7    7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
8    6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
9    indole; Tabernanthe iboga);
10        (10) Lysergic acid diethylamide;
11        (10.1) Salvinorin A;
12        (10.5) Salvia divinorum (meaning all parts of the
13    plant presently classified botanically as Salvia
14    divinorum, whether growing or not, the seeds thereof, any
15    extract from any part of that plant, and every compound,
16    manufacture, salts, isomers, and salts of isomers whenever
17    the existence of such salts, isomers, and salts of isomers
18    is possible within the specific chemical designation,
19    derivative, mixture, or preparation of that plant, its
20    seeds or extracts);
21        (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
22        (12) Peyote (meaning all parts of the plant presently
23    classified botanically as Lophophora williamsii Lemaire,
24    whether growing or not, the seeds thereof, any extract
25    from any part of that plant, and every compound,
26    manufacture, salts, derivative, mixture, or preparation of

 

 

10300SB3695sam002- 196 -LRB103 39207 LNS 73437 a

1    that plant, its seeds or extracts);
2        (13) N-ethyl-3-piperidyl benzilate (JB 318);
3        (14) N-methyl-3-piperidyl benzilate;
4        (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
5    (also known as N-hydroxy-alpha-methyl-
6    3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
7        (15) Parahexyl; some trade or other names:
8    3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
9    dibenzo (b,d) pyran; Synhexyl;
10        (16) (Blank); Psilocybin;
11        (17) (Blank); Psilocyn;
12        (18) Alpha-methyltryptamine (AMT);
13        (19) 2,5-dimethoxyamphetamine
14    (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
15        (20) 4-bromo-2,5-dimethoxyamphetamine
16    (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
17    4-bromo-2,5-DMA);
18        (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
19    Some trade or other names: 2-(4-bromo-
20    2,5-dimethoxyphenyl)-1-aminoethane;
21    alpha-desmethyl DOB, 2CB, Nexus;
22        (21) 4-methoxyamphetamine
23    (4-methoxy-alpha-methylphenethylamine;
24    paramethoxyamphetamine; PMA);
25        (22) (Blank);
26        (23) Ethylamine analog of phencyclidine.

 

 

10300SB3695sam002- 197 -LRB103 39207 LNS 73437 a

1    Some trade or other names:
2    N-ethyl-1-phenylcyclohexylamine,
3    (1-phenylcyclohexyl) ethylamine,
4    N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
5        (24) Pyrrolidine analog of phencyclidine. Some trade
6    or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
7    PHP;
8        (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
9        (26) 2,5-dimethoxy-4-ethylamphetamine
10    (another name: DOET);
11        (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
12    (another name: TCPy);
13        (28) (Blank);
14        (29) Thiophene analog of phencyclidine (some trade
15    or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
16    2-thienyl analog of phencyclidine; TPCP; TCP);
17        (29.1) Benzothiophene analog of phencyclidine. Some
18    trade or other names: BTCP or benocyclidine;
19        (29.2) 3-Methoxyphencyclidine (3-MeO-PCP);
20        (30) Bufotenine (some trade or other names:
21    3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
22    3-(2-dimethylaminoethyl)-5-indolol;
23    5-hydroxy-N,N-dimethyltryptamine;
24    N,N-dimethylserotonin; mappine);
25        (31) (Blank);  
26        (32) (Blank);  

 

 

10300SB3695sam002- 198 -LRB103 39207 LNS 73437 a

1        (33) (Blank);  
2        (34) (Blank); 
3        (34.5) (Blank);  
4        (35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
5    (2-methyloctan-2-yl)-6a,7, 
6    10,10a-tetrahydrobenzo[c]chromen-1-ol
7    Some trade or other names: HU-210; 
8        (35.5)  (6aS,10aS)-9-(hydroxymethyl)-6,6- 
9    dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- 
10    tetrahydrobenzo[c]chromen-1-ol, its isomers,  
11    salts, and salts of isomers; Some trade or other  
12    names: HU-210, Dexanabinol; 
13        (36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
14    6,6-dimethyl-3-(2-methyloctan-2-yl)- 
15    6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
16    Some trade or other names: HU-211;
17        (37) (Blank);
18        (38) (Blank);
19        (39) (Blank);
20        (40) (Blank);
21        (41) (Blank);
22        (42) Any compound structurally derived from
23    3-(1-naphthoyl)indole or
24    1H-indol-3-yl-(1-naphthyl)methane by substitution at the
25    nitrogen atom of the indole ring by alkyl, haloalkyl,
26    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

 

 

10300SB3695sam002- 199 -LRB103 39207 LNS 73437 a

1    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2    2-(4-morpholinyl)ethyl whether or not further substituted
3    in the indole ring to any extent, whether or not
4    substituted in the naphthyl ring to any extent. Examples
5    of this structural class include, but are not limited to,
6    JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185;
7        (43) Any compound structurally derived from
8    3-(1-naphthoyl)pyrrole by substitution at the nitrogen
9    atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,
10    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
11    halide, 1-(N-methyl-2-piperidinyl)methyl, or
12    2-(4-morpholinyl)ethyl, whether or not further substituted
13    in the pyrrole ring to any extent, whether or not
14    substituted in the naphthyl ring to any extent. Examples
15    of this structural class include, but are not limited to,
16    JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;
17        (44) Any compound structurally derived from
18    1-(1-naphthylmethyl)indene by substitution at the
19    3-position of the indene ring by alkyl, haloalkyl,
20    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
21    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
22    2-(4-morpholinyl)ethyl whether or not further substituted
23    in the indene ring to any extent, whether or not
24    substituted in the naphthyl ring to any extent. Examples
25    of this structural class include, but are not limited to,
26    JWH-176;

 

 

10300SB3695sam002- 200 -LRB103 39207 LNS 73437 a

1        (45) Any compound structurally derived from
2    3-phenylacetylindole by substitution at the nitrogen atom
3    of the indole ring with alkyl, haloalkyl, alkenyl,
4    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
5    halide, 1-(N-methyl-2-piperidinyl)methyl, or
6    2-(4-morpholinyl)ethyl, whether or not further substituted
7    in the indole ring to any extent, whether or not
8    substituted in the phenyl ring to any extent. Examples of
9    this structural class include, but are not limited to,
10    JWH-167, JWH-250, JWH-251, and RCS-8;
11        (46) Any compound structurally derived from
12    2-(3-hydroxycyclohexyl)phenol by substitution at the
13    5-position of the phenolic ring by alkyl, haloalkyl,
14    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
15    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
16    2-(4-morpholinyl)ethyl, whether or not substituted in the
17    cyclohexyl ring to any extent. Examples of this structural
18    class include, but are not limited to, CP 47, 497 and its
19    C8 homologue (cannabicyclohexanol);
20        (46.1) Any compound structurally derived from
21    3-(benzoyl) indole with substitution at the nitrogen atom
22    of the indole ring by an alkyl, haloalkyl, alkenyl,
23    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
24    halide, 1-(N-methyl-2-piperidinyl)methyl, or
25    2-(4-morpholinyl)ethyl group whether or not further
26    substituted in the indole ring to any extent and whether

 

 

10300SB3695sam002- 201 -LRB103 39207 LNS 73437 a

1    or not substituted in the phenyl ring to any extent.
2    Examples of this structural class include, but are not
3    limited to, AM-630, AM-2233, AM-694, Pravadoline (WIN
4    48,098), and RCS-4;
5        (47) (Blank);
6        (48) (Blank);
7        (49) (Blank);
8        (50) (Blank);
9        (51) (Blank);
10        (52) (Blank);
11        (53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine.
12    Some trade or other names: 2C-T-7;
13        (53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some
14    trade or other names: 2C-E;
15        (53.2) 2,5-dimethoxy-4-methylphenethylamine. Some
16    trade or other names: 2C-D;
17        (53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some
18    trade or other names: 2C-C;
19        (53.4) 4-iodo-2,5-dimethoxyphenethylamine. Some trade
20    or other names: 2C-I;
21        (53.5) 4-ethylthio-2,5-dimethoxyphenethylamine. Some
22    trade or other names: 2C-T-2;
23        (53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine.
24    Some trade or other names: 2C-T-4;
25        (53.7) 2,5-dimethoxyphenethylamine. Some trade or
26    other names: 2C-H;

 

 

10300SB3695sam002- 202 -LRB103 39207 LNS 73437 a

1        (53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some
2    trade or other names: 2C-N;
3        (53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine. Some
4    trade or other names: 2C-P;
5        (53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine.
6    Some trade or other names: 2C-G;
7        (53.11) The N-(2-methoxybenzyl) derivative of any 2C
8    phenethylamine referred to in subparagraphs (20.1), (53),
9    (53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7),
10    (53.8), (53.9), and (53.10) including, but not limited to,
11    25I-NBOMe and 25C-NBOMe;
12        (54) 5-Methoxy-N,N-diisopropyltryptamine;
13        (55) (Blank);
14        (56) (Blank);
15        (57) (Blank);
16        (58) (Blank);
17        (59) 3-cyclopropoylindole with substitution at the
18    nitrogen atom of the indole ring by alkyl, haloalkyl,
19    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
20    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
21    2-(4-morpholinyl)ethyl, whether or not further substituted
22    on the indole ring to any extent, whether or not
23    substituted on the cyclopropyl ring to any extent:
24    including, but not limited to, XLR11, UR144, FUB-144;
25        (60) 3-adamantoylindole with substitution at the
26    nitrogen atom of the indole ring by alkyl, haloalkyl,

 

 

10300SB3695sam002- 203 -LRB103 39207 LNS 73437 a

1    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
2    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
3    2-(4-morpholinyl)ethyl, whether or not further substituted
4    on the indole ring to any extent, whether or not
5    substituted on the adamantyl ring to any extent:
6    including, but not limited to, AB-001;
7        (61) N-(adamantyl)-indole-3-carboxamide with
8    substitution at the nitrogen atom of the indole ring by
9    alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
10    cycloalkylethyl, aryl halide, alkyl aryl halide,
11    1-(N-methyl-2-piperidinyl)methyl, or
12    2-(4-morpholinyl)ethyl, whether or not further substituted
13    on the indole ring to any extent, whether or not
14    substituted on the adamantyl ring to any extent:
15    including, but not limited to, APICA/2NE-1, STS-135;
16        (62) N-(adamantyl)-indazole-3-carboxamide with
17    substitution at a nitrogen atom of the indazole ring by
18    alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
19    cycloalkylethyl, aryl halide, alkyl aryl halide,
20    1-(N-methyl-2-piperidinyl)methyl, or
21    2-(4-morpholinyl)ethyl, whether or not further substituted
22    on the indazole ring to any extent, whether or not
23    substituted on the adamantyl ring to any extent:
24    including, but not limited to, AKB48, 5F-AKB48;
25        (63) 1H-indole-3-carboxylic acid 8-quinolinyl ester
26    with substitution at the nitrogen atom of the indole ring

 

 

10300SB3695sam002- 204 -LRB103 39207 LNS 73437 a

1    by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
2    cycloalkylethyl, aryl halide, alkyl aryl halide,
3    1-(N-methyl-2-piperidinyl)methyl, or
4    2-(4-morpholinyl)ethyl, whether or not further substituted
5    on the indole ring to any extent, whether or not
6    substituted on the quinoline ring to any extent:
7    including, but not limited to, PB22, 5F-PB22, FUB-PB-22;
8        (64) 3-(1-naphthoyl)indazole with substitution at the
9    nitrogen atom of the indazole ring by alkyl, haloalkyl,
10    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
11    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
12    2-(4-morpholinyl)ethyl, whether or not further substituted
13    on the indazole ring to any extent, whether or not
14    substituted on the naphthyl ring to any extent: including,
15    but not limited to, THJ-018, THJ-2201;
16        (65) 2-(1-naphthoyl)benzimidazole with substitution
17    at the nitrogen atom of the benzimidazole ring by alkyl,
18    haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
19    aryl halide, alkyl aryl halide,
20    1-(N-methyl-2-piperidinyl)methyl, or
21    2-(4-morpholinyl)ethyl, whether or not further substituted
22    on the benzimidazole ring to any extent, whether or not
23    substituted on the naphthyl ring to any extent: including,
24    but not limited to, FUBIMINA;
25        (66)
26    N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-

 

 

10300SB3695sam002- 205 -LRB103 39207 LNS 73437 a

1    3-carboxamide with substitution on the nitrogen atom of
2    the indazole ring by alkyl, haloalkyl, alkenyl,
3    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
4    halide, 1-(N-methyl-2-piperidinyl)methyl, or
5    2-(4-morpholinyl)ethyl, whether or not further substituted
6    on the indazole ring to any extent: including, but not
7    limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA;
8        (67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
9    indazole-3-carboxamide with substitution on the nitrogen
10    atom of the indazole ring by alkyl, haloalkyl, alkenyl,
11    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
12    halide, 1-(N-methyl-2-piperidinyl)methyl, or
13    2-(4-morpholinyl)ethyl, whether or not further substituted
14    on the indazole ring to any extent: including, but not
15    limited to, ADB-PINACA, ADB-FUBINACA;
16        (68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
17    indole-3-carboxamide with substitution on the nitrogen
18    atom of the indole ring by alkyl, haloalkyl, alkenyl,
19    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
20    halide, 1-(N-methyl-2-piperidinyl)methyl, or
21    2-(4-morpholinyl)ethyl, whether or not further substituted
22    on the indole ring to any extent: including, but not
23    limited to, ADBICA, 5F-ADBICA;
24        (69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole-
25    3-carboxamide with substitution on the nitrogen atom of
26    the indole ring by alkyl, haloalkyl, alkenyl,

 

 

10300SB3695sam002- 206 -LRB103 39207 LNS 73437 a

1    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
2    halide, 1-(N-methyl-2-piperidinyl)methyl, or
3    2-(4-morpholinyl)ethyl, whether or not further substituted
4    on the indole ring to any extent: including, but not
5    limited to, ABICA, 5F-ABICA;
6        (70) Methyl 2-(1H-indazole-3-carboxamido)-3-
7    methylbutanoate with substitution on the nitrogen atom of
8    the indazole ring by alkyl, haloalkyl, alkenyl,
9    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
10    halide, 1-(N-methyl-2-piperidinyl)methyl, or
11    2-(4-morpholinyl)ethyl, whether or not further substituted
12    on the indazole ring to any extent: including, but not
13    limited to, AMB, 5F-AMB;
14        (71) Methyl 2-(1H-indazole-3-carboxamido)-3,3-
15    dimethylbutanoate with substitution on the nitrogen atom
16    of the indazole ring by alkyl, haloalkyl, alkenyl,
17    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
18    halide, 1-(N-methyl-2-piperidinyl)methyl, or
19    2-(4-morpholinyl)ethyl, whether or not further substituted
20    on the indazole ring to any extent: including, but not
21    limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA;
22        (72) Methyl 2-(1H-indole-3-carboxamido)-3-
23    methylbutanoate with substitution on the nitrogen atom of
24    the indole ring by alkyl, haloalkyl, alkenyl,
25    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
26    halide, 1-(N-methyl-2-piperidinyl)methyl, or

 

 

10300SB3695sam002- 207 -LRB103 39207 LNS 73437 a

1    2-(4-morpholinyl)ethyl, whether or not further substituted
2    on the indazole ring to any extent: including, but not
3    limited to, MMB018, MMB2201, and AMB-CHMICA;
4        (73) Methyl 2-(1H-indole-3-carboxamido)-3,3-
5    dimethylbutanoate with substitution on the nitrogen atom
6    of the indole ring by alkyl, haloalkyl, alkenyl,
7    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
8    halide, 1-(N-methyl-2-piperidinyl)methyl, or
9    2-(4-morpholinyl)ethyl, whether or not further substituted
10    on the indazole ring to any extent: including, but not
11    limited to, MDMB-CHMICA;
12        (74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-
13    indazole-3-carboxamide with substitution on the nitrogen
14    atom of the indazole ring by alkyl, haloalkyl, alkenyl,
15    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
16    halide, 1-(N-methyl-2-piperidinyl)methyl, or
17    2-(4-morpholinyl)ethyl, whether or not further substituted
18    on the indazole ring to any     extent: including, but not
19    limited to, APP-CHMINACA, 5-fluoro-APP-PINACA;
20        (75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole-
21    3-carboxamide with substitution on the nitrogen atom of
22    the indole ring by alkyl, haloalkyl, alkenyl,
23    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
24    halide, 1-(N-methyl-2-piperidinyl)methyl, or
25    2-(4-morpholinyl)ethyl, whether or not further substituted
26    on the indazole ring to any extent: including, but not

 

 

10300SB3695sam002- 208 -LRB103 39207 LNS 73437 a

1    limited to, APP-PICA and 5-fluoro-APP-PICA;
2        (76) 4-Acetoxy-N,N-dimethyltryptamine: trade name
3    4-AcO-DMT;
4        (77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade
5    name 5-MeO-MIPT;
6        (78) 4-hydroxy Diethyltryptamine (4-HO-DET);
7        (79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET);
8        (80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
9        (81) 4-hydroxy-N-methyl-N-isopropyltryptamine
10    (4-HO-MiPT);
11        (82) Fluorophenylpiperazine;
12        (83) Methoxetamine;
13        (84) 1-(Ethylamino)-2-phenylpropan-2-one (iso-
14    ethcathinone).
15    (e) Unless specifically excepted or unless listed in
16another schedule, any material, compound, mixture, or
17preparation which contains any quantity of the following
18substances having a depressant effect on the central nervous
19system, including its salts, isomers, and salts of isomers
20whenever the existence of such salts, isomers, and salts of
21isomers is possible within the specific chemical designation:
22        (1) mecloqualone;
23        (2) methaqualone; and
24        (3) gamma hydroxybutyric acid.
25    (f) Unless specifically excepted or unless listed in
26another schedule, any material, compound, mixture, or

 

 

10300SB3695sam002- 209 -LRB103 39207 LNS 73437 a

1preparation which contains any quantity of the following
2substances having a stimulant effect on the central nervous
3system, including its salts, isomers, and salts of isomers:
4        (1) Fenethylline;
5        (2) N-ethylamphetamine;
6        (3) Aminorex (some other names:
7    2-amino-5-phenyl-2-oxazoline; aminoxaphen;
8    4-5-dihydro-5-phenyl-2-oxazolamine) and its
9    salts, optical isomers, and salts of optical isomers;
10        (4) Methcathinone (some other names:
11    2-methylamino-1-phenylpropan-1-one;
12    Ephedrone; 2-(methylamino)-propiophenone;
13    alpha-(methylamino)propiophenone; N-methylcathinone;
14    methycathinone; Monomethylpropion; UR 1431) and its
15    salts, optical isomers, and salts of optical isomers;
16        (5) Cathinone (some trade or other names:
17    2-aminopropiophenone; alpha-aminopropiophenone;
18    2-amino-1-phenyl-propanone; norephedrone);
19        (6) N,N-dimethylamphetamine (also known as:
20    N,N-alpha-trimethyl-benzeneethanamine;
21    N,N-alpha-trimethylphenethylamine);
22        (7) (+ or -) cis-4-methylaminorex  ((+ or -) cis-
23    4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
24        (8) 3,4-Methylenedioxypyrovalerone (MDPV);
25        (9) Halogenated amphetamines and
26    methamphetamines - any compound derived from either

 

 

10300SB3695sam002- 210 -LRB103 39207 LNS 73437 a

1    amphetamine or methamphetamine through the substitution
2    of a halogen on the phenyl ring, including, but not
3    limited to, 2-fluoroamphetamine, 3-
4    fluoroamphetamine and 4-fluoroamphetamine; 
5        (10) Aminopropylbenzofuran (APB):
6    including 4-(2-Aminopropyl) benzofuran, 5-
7    (2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)
8    benzofuran, and 7-(2-Aminopropyl) benzofuran; 
9        (11) Aminopropyldihydrobenzofuran (APDB):
10    including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,
11    5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,
12    6-(2-Aminopropyl)-2,3-dihydrobenzofuran,
13    and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran; 
14        (12) Methylaminopropylbenzofuran
15    (MAPB): including 4-(2-methylaminopropyl)
16    benzofuran, 5-(2-methylaminopropyl)benzofuran,
17    6-(2-methylaminopropyl)benzofuran
18    and 7-(2-methylaminopropyl)benzofuran. 
19    (g) Temporary listing of substances subject to emergency
20scheduling. Any material, compound, mixture, or preparation
21that contains any quantity of the following substances:
22        (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
23    (benzylfentanyl), its optical isomers, isomers, salts, and
24    salts of isomers;
25        (2) N-[1(2-thienyl) methyl-4-piperidyl]-N-
26    phenylpropanamide (thenylfentanyl), its optical isomers,

 

 

10300SB3695sam002- 211 -LRB103 39207 LNS 73437 a

1    salts, and salts of isomers.
2    (h) Synthetic cathinones. Unless specifically excepted,
3any chemical compound which is not approved by the United
4States Food and Drug Administration or, if approved, is not
5dispensed or possessed in accordance with State or federal
6law, not including bupropion, structurally derived from
72-aminopropan-1-one by substitution at the 1-position with
8either phenyl, naphthyl, or thiophene ring systems, whether or
9not the compound is further modified in one or more of the
10following ways:
11        (1) by substitution in the ring system to any extent
12    with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or
13    halide substituents, whether or not further substituted in
14    the ring system by one or more other univalent
15    substituents. Examples of this class include, but are not
16    limited to, 3,4-Methylenedioxycathinone (bk-MDA);
17        (2) by substitution at the 3-position with an acyclic
18    alkyl substituent. Examples of this class include, but are
19    not limited to, 2-methylamino-1-phenylbutan-1-one
20    (buphedrone); or
21        (3) by substitution at the 2-amino nitrogen atom with
22    alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by
23    inclusion of the 2-amino nitrogen atom in a cyclic
24    structure. Examples of this class include, but are not
25    limited to, Dimethylcathinone, Ethcathinone, and
26    a-Pyrrolidinopropiophenone (a-PPP); or

 

 

10300SB3695sam002- 212 -LRB103 39207 LNS 73437 a

1    Any other synthetic cathinone which is not approved by the
2United States Food and Drug Administration or, if approved, is
3not dispensed or possessed in accordance with State or federal
4law.
5    (i) Synthetic cannabinoids or piperazines. Any synthetic
6cannabinoid or piperazine which is not approved by the United
7States Food and Drug Administration or, if approved, which is
8not dispensed or possessed in accordance with State and
9federal law.
10    (j) Unless specifically excepted or listed in another
11schedule, any chemical compound which is not approved by the
12United States Food and Drug Administration or, if approved, is
13not dispensed or possessed in accordance with State or federal
14law, and is derived from the following structural classes and
15their salts:
16        (1) Benzodiazepine class: A fused 1,4-diazepine and
17    benzene ring structure with a phenyl connected to the
18    1,4-diazepine ring, with any substitution(s) or
19    replacement(s) on the 1,4-diazepine or benzene ring, any
20    substitution(s) on the phenyl ring, or any combination
21    thereof. Examples of this class include but are not
22    limited to: Clonazolam, Flualprazolam; or
23        (2) Thienodiazepine class: A fused 1,4-diazepine and
24    thiophene ring structure with a phenyl connected to the
25    1,4-diazepine ring, with any substitution(s) or
26    replacement(s) on the 1,4-diazepine or thiophene ring, any

 

 

10300SB3695sam002- 213 -LRB103 39207 LNS 73437 a

1    substitution(s) on the phenyl ring, or any combination
2    thereof. Examples of this class include but are not
3    limited to: Etizolam.
4(Source: P.A. 103-245, eff. 1-1-24.)
 
5    Section 999. Effective date. This Act takes effect upon
6becoming law.".