SB2391 Enrolled LRB094 15742 RLC 50955 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 2. The Illinois Controlled Substances Act is
5 amended by changing Section 312 as follows:
 
6     (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
7     Sec. 312. Requirements for dispensing controlled
8 substances.
9     (a) A practitioner, in good faith, may dispense a Schedule
10 II controlled substance, which is a narcotic drug listed in
11 Section 206 of this Act; or which contains any quantity of
12 amphetamine or methamphetamine, their salts, optical isomers
13 or salts of optical isomers; phenmetrazine and its salts; or
14 pentazocine; and Schedule III, IV, or V controlled substances
15 to any person upon a written prescription of any prescriber,
16 dated and signed by the person prescribing on the day when
17 issued and bearing the name and address of the patient for
18 whom, or the owner of the animal for which the controlled
19 substance is dispensed, and the full name, address and registry
20 number under the laws of the United States relating to
21 controlled substances of the prescriber, if he is required by
22 those laws to be registered. If the prescription is for an
23 animal it shall state the species of animal for which it is
24 ordered. The practitioner filling the prescription shall write
25 the date of filling and his own signature on the face of the
26 written prescription. The written prescription shall be
27 retained on file by the practitioner who filled it or pharmacy
28 in which the prescription was filled for a period of 2 years,
29 so as to be readily accessible for inspection or removal by any
30 officer or employee engaged in the enforcement of this Act.
31 Whenever the practitioner's or pharmacy's copy of any
32 prescription is removed by an officer or employee engaged in

 

 

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1 the enforcement of this Act, for the purpose of investigation
2 or as evidence, such officer or employee shall give to the
3 practitioner or pharmacy a receipt in lieu thereof. A
4 prescription for a Schedule II controlled substance shall not
5 be filled more than 7 days after the date of issuance. A
6 written prescription for Schedule III, IV or V controlled
7 substances shall not be filled or refilled more than 6 months
8 after the date thereof or refilled more than 5 times unless
9 renewed, in writing, by the prescriber.
10     (b) In lieu of a written prescription required by this
11 Section, a pharmacist, in good faith, may dispense Schedule
12 III, IV, or V substances to any person either upon receiving a
13 facsimile of a written, signed prescription transmitted by the
14 prescriber or the prescriber's agent or upon a lawful oral
15 prescription of a prescriber which oral prescription shall be
16 reduced promptly to writing by the pharmacist and such written
17 memorandum thereof shall be dated on the day when such oral
18 prescription is received by the pharmacist and shall bear the
19 full name and address of the ultimate user for whom, or of the
20 owner of the animal for which the controlled substance is
21 dispensed, and the full name, address, and registry number
22 under the law of the United States relating to controlled
23 substances of the prescriber prescribing if he is required by
24 those laws to be so registered, and the pharmacist filling such
25 oral prescription shall write the date of filling and his own
26 signature on the face of such written memorandum thereof. The
27 facsimile copy of the prescription or written memorandum of the
28 oral prescription shall be retained on file by the proprietor
29 of the pharmacy in which it is filled for a period of not less
30 than two years, so as to be readily accessible for inspection
31 by any officer or employee engaged in the enforcement of this
32 Act in the same manner as a written prescription. The facsimile
33 copy of the prescription or oral prescription and the written
34 memorandum thereof shall not be filled or refilled more than 6
35 months after the date thereof or be refilled more than 5 times,
36 unless renewed, in writing, by the prescriber.

 

 

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1     (c) Except for any non-prescription targeted
2 methamphetamine precursor regulated by as defined in the
3 Methamphetamine Precursor Control Act, a controlled substance
4 included in Schedule V shall not be distributed or dispensed
5 other than for a medical purpose and not for the purpose of
6 evading this Act, and then:
7         (1) only personally by a person registered to dispense
8     a Schedule V controlled substance and then only to his
9     patients, or
10         (2) only personally by a pharmacist, and then only to a
11     person over 21 years of age who has identified himself to
12     the pharmacist by means of 2 positive documents of
13     identification.
14         (3) the dispenser shall record the name and address of
15     the purchaser, the name and quantity of the product, the
16     date and time of the sale, and the dispenser's signature.
17         (4) no person shall purchase or be dispensed more than
18     120 milliliters or more than 120 grams of any Schedule V
19     substance which contains codeine, dihydrocodeine, or any
20     salts thereof, or ethylmorphine, or any salts thereof, in
21     any 96 hour period. The purchaser shall sign a form,
22     approved by the Department of Professional Regulation,
23     attesting that he has not purchased any Schedule V
24     controlled substances within the immediately preceding 96
25     hours.
26         (5) a copy of the records of sale, including all
27     information required by paragraph (3), shall be forwarded
28     to the Department of Professional Regulation at its
29     principal office by the 15th day of the following month.
30         (6) all records of purchases and sales shall be
31     maintained for not less than 2 years.
32         (7) no person shall obtain or attempt to obtain within
33     any consecutive 96 hour period any Schedule V substances of
34     more than 120 milliliters or more than 120 grams containing
35     codeine, dihydrocodeine or any of its salts, or
36     ethylmorphine or any of its salts. Any person obtaining any

 

 

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1     such preparations or combination of preparations in excess
2     of this limitation shall be in unlawful possession of such
3     controlled substance.
4         (8) a person qualified to dispense controlled
5     substances under this Act and registered thereunder shall
6     at no time maintain or keep in stock a quantity of Schedule
7     V controlled substances defined and listed in Section 212
8     (b) (1), (2) or (3) in excess of 4.5 liters for each
9     substance; a pharmacy shall at no time maintain or keep in
10     stock a quantity of Schedule V controlled substances as
11     defined in excess of 4.5 liters for each substance, plus
12     the additional quantity of controlled substances necessary
13     to fill the largest number of prescription orders filled by
14     that pharmacy for such controlled substances in any one
15     week in the previous year. These limitations shall not
16     apply to Schedule V controlled substances which Federal law
17     prohibits from being dispensed without a prescription.
18         (9) no person shall distribute or dispense butyl
19     nitrite for inhalation or other introduction into the human
20     body for euphoric or physical effect.
21     (d) Every practitioner shall keep a record of controlled
22 substances received by him and a record of all such controlled
23 substances administered, dispensed or professionally used by
24 him otherwise than by prescription. It shall, however, be
25 sufficient compliance with this paragraph if any practitioner
26 utilizing controlled substances listed in Schedules III, IV and
27 V shall keep a record of all those substances dispensed and
28 distributed by him other than those controlled substances which
29 are administered by the direct application of a controlled
30 substance, whether by injection, inhalation, ingestion, or any
31 other means to the body of a patient or research subject. A
32 practitioner who dispenses, other than by administering, a
33 controlled substance in Schedule II, which is a narcotic drug
34 listed in Section 206 of this Act, or which contains any
35 quantity of amphetamine or methamphetamine, their salts,
36 optical isomers or salts of optical isomers, pentazocine, or

 

 

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1 methaqualone shall do so only upon the issuance of a written
2 prescription blank by a prescriber.
3     (e) Whenever a manufacturer distributes a controlled
4 substance in a package prepared by him, and whenever a
5 wholesale distributor distributes a controlled substance in a
6 package prepared by him or the manufacturer, he shall securely
7 affix to each package in which that substance is contained a
8 label showing in legible English the name and address of the
9 manufacturer, the distributor and the quantity, kind and form
10 of controlled substance contained therein. No person except a
11 pharmacist and only for the purposes of filling a prescription
12 under this Act, shall alter, deface or remove any label so
13 affixed.
14     (f) Whenever a practitioner dispenses any controlled
15 substance except a non-prescription targeted methamphetamine
16 precursor regulated by as defined in the Methamphetamine
17 Precursor Control Act, he shall affix to the container in which
18 such substance is sold or dispensed, a label indicating the
19 date of initial filling, the practitioner's name and address,
20 the name of the patient, the name of the prescriber, the
21 directions for use and cautionary statements, if any, contained
22 in any prescription or required by law, the proprietary name or
23 names or the established name of the controlled substance, and
24 the dosage and quantity, except as otherwise authorized by
25 regulation by the Department of Professional Regulation. No
26 person shall alter, deface or remove any label so affixed.
27     (g) A person to whom or for whose use any controlled
28 substance has been prescribed or dispensed by a practitioner,
29 or other persons authorized under this Act, and the owner of
30 any animal for which such substance has been prescribed or
31 dispensed by a veterinarian, may lawfully possess such
32 substance only in the container in which it was delivered to
33 him by the person dispensing such substance.
34     (h) The responsibility for the proper prescribing or
35 dispensing of controlled substances is upon the prescriber and
36 the responsibility for the proper filling of a prescription for

 

 

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1 controlled substance drugs rests with the pharmacist. An order
2 purporting to be a prescription issued to any individual, which
3 is not in the regular course of professional treatment nor part
4 of an authorized methadone maintenance program, nor in
5 legitimate and authorized research instituted by any
6 accredited hospital, educational institution, charitable
7 foundation, or federal, state or local governmental agency, and
8 which is intended to provide that individual with controlled
9 substances sufficient to maintain that individual's or any
10 other individual's physical or psychological addiction,
11 habitual or customary use, dependence, or diversion of that
12 controlled substance is not a prescription within the meaning
13 and intent of this Act; and the person issuing it, shall be
14 subject to the penalties provided for violations of the law
15 relating to controlled substances.
16     (i) A prescriber shall not preprint or cause to be
17 preprinted a prescription for any controlled substance; nor
18 shall any practitioner issue, fill or cause to be issued or
19 filled, a preprinted prescription for any controlled
20 substance.
21     (j) No person shall manufacture, dispense, deliver,
22 possess with intent to deliver, prescribe, or administer or
23 cause to be administered under his direction any anabolic
24 steroid, for any use in humans other than the treatment of
25 disease in accordance with the order of a physician licensed to
26 practice medicine in all its branches for a valid medical
27 purpose in the course of professional practice. The use of
28 anabolic steroids for the purpose of hormonal manipulation that
29 is intended to increase muscle mass, strength or weight without
30 a medical necessity to do so, or for the intended purpose of
31 improving physical appearance or performance in any form of
32 exercise, sport, or game, is not a valid medical purpose or in
33 the course of professional practice.
34 (Source: P.A. 94-694, eff. 1-15-06.)
 
35     Section 5. The Methamphetamine Control and Community

 

 

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1 Protection Act is amended by changing Sections 15, 20, 25, 30,
2 45, and 55 and by adding Section 56 as follows:
 
3     (720 ILCS 646/15)
4     Sec. 15. Participation in methamphetamine manufacturing.
5     (a) Participation in methamphetamine manufacturing.
6         (1) It is unlawful to knowingly participate in the
7     manufacture of methamphetamine with the intent that
8     methamphetamine or a substance containing methamphetamine
9     be produced.
10         (2) A person who violates paragraph (1) of this
11     subsection (a) is subject to the following penalties:
12             (A) A person who participates in the manufacture of
13         less than 15 grams of methamphetamine or a substance
14         containing methamphetamine is guilty of a Class 1
15         felony.
16             (B) A person who participates in the manufacture of
17         15 or more grams but less than 100 grams of
18         methamphetamine or a substance containing
19         methamphetamine is guilty of a Class X felony, subject
20         to a term of imprisonment of not less than 6 years and
21         not more than 30 years, and subject to a fine not to
22         exceed $100,000 or the street value of the
23         methamphetamine manufactured, whichever is greater.
24             (C) A person who participates in the manufacture of
25         100 or more grams but less than 400 grams of
26         methamphetamine or a substance containing
27         methamphetamine is guilty of a Class X felony, subject
28         to a term of imprisonment of not less than 9 years and
29         not more than 40 years, and subject to a fine not to
30         exceed $200,000 or the street value of the
31         methamphetamine manufactured, whichever is greater.
32             (D) A person who participates in the manufacture of
33         400 or more grams but less than 900 grams of
34         methamphetamine or a substance containing
35         methamphetamine is guilty of a Class X felony, subject

 

 

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1         to a term of imprisonment of not less than 12 years and
2         not more than 50 years, and subject to a fine not to
3         exceed $300,000 or the street value of the
4         methamphetamine manufactured, whichever is greater.
5             (E) A person who participates in the manufacture of
6         900 grams or more of methamphetamine or a substance
7         containing methamphetamine is guilty of a Class X
8         felony, subject to a term of imprisonment of not less
9         than 15 years and not more than 60 years, and subject
10         to a fine not to exceed $400,000 or the street value of
11         the methamphetamine, whichever is greater.
12     (b) Aggravated participation in methamphetamine
13 manufacturing.
14         (1) It is unlawful to engage in aggravated
15     participation in the manufacture of methamphetamine. A
16     person engages in aggravated participation in the
17     manufacture of methamphetamine when the person violates
18     paragraph (1) of subsection (a) and:
19             (A) the person knowingly does so in a multi-unit
20         dwelling;
21             (B) the person knowingly does so in a structure or
22         vehicle where a child under the age of 18, a person
23         with a disability, or a person 60 years of age or older
24         who is incapable of adequately providing for his or her
25         own health and personal care resides, is present, or is
26         endangered by the manufacture of methamphetamine;
27             (C) the person does so in a structure or vehicle
28         where a woman the person knows to be pregnant
29         (including but not limited to the person herself)
30         resides, is present, or is endangered by the
31         methamphetamine manufacture;
32             (D) the person knowingly does so in a structure or
33         vehicle protected by one or more firearms, explosive
34         devices, booby traps, alarm systems, surveillance
35         systems, guard dogs, or dangerous animals;
36             (E) the methamphetamine manufacturing in which the

 

 

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1         person participates is a contributing cause of the
2         death, serious bodily injury, disability, or
3         disfigurement of another person, including but not
4         limited to an emergency service provider;
5             (F) the methamphetamine manufacturing in which the
6         person participates is a contributing cause of a fire
7         or explosion that damages property belonging to
8         another person; or
9             (G) the person knowingly organizes, directs, or
10         finances the methamphetamine manufacturing or
11         activities carried out in support of the
12         methamphetamine manufacturing.
13         (2) A person who violates paragraph (1) of this
14     subsection (b) is subject to the following penalties:
15             (A) A person who participates in the manufacture of
16         less than 15 grams of methamphetamine or a substance
17         containing methamphetamine is guilty of a Class X
18         felony, subject to a term of imprisonment of not less
19         than 6 years and not more than 30 years, and subject to
20         a fine not to exceed $100,000 or the street value of
21         the methamphetamine, whichever is greater.
22             (B) A person who participates in the manufacture of
23         15 or more grams but less than 100 grams of
24         methamphetamine or a substance containing
25         methamphetamine is guilty of a Class X felony, subject
26         to a term of imprisonment of not less than 9 years and
27         not more than 40 years, and subject to a fine not to
28         exceed $200,000 or the street value of the
29         methamphetamine, whichever is greater.
30             (C) A person who participates in the manufacture of
31         100 or more grams but less than 400 grams of
32         methamphetamine or a substance containing
33         methamphetamine is guilty of a Class X felony, subject
34         to a term of imprisonment of not less than 12 years and
35         not more than 50 years, and subject to a fine not to
36         exceed $300,000 or the street value of the

 

 

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1         methamphetamine, whichever is greater.
2             (D) A person who participates in the manufacture of
3         400 grams or more of methamphetamine or a substance
4         containing methamphetamine is guilty of a Class X
5         felony, subject to a term of imprisonment of not less
6         than 15 years and not more than 60 years, and subject
7         to a fine not to exceed $400,000 or the street value of
8         the methamphetamine, whichever is greater.
9 (Source: P.A. 94-556, eff. 9-11-05.)
 
10     (720 ILCS 646/20)
11     Sec. 20. Methamphetamine precursor.
12     (a) Methamphetamine precursor or substance containing any
13 methamphetamine precursor in standard dosage form.
14         (1) It is unlawful to knowingly possess, procure,
15     transport, store, or deliver any methamphetamine precursor
16     or substance containing any methamphetamine precursor in
17     standard dosage form with the intent that it be used to
18     manufacture methamphetamine or a substance containing
19     methamphetamine.
20         (2) A person who violates paragraph (1) of this
21     subsection (a) is subject to the following penalties:
22             (A) A person who possesses, procures, transports,
23         stores, or delivers less than 15 grams of
24         methamphetamine precursor or substance containing any
25         methamphetamine precursor is guilty of a Class 2
26         felony.
27             (B) A person who possesses, procures, transports,
28         stores, or delivers 15 or more grams but less than 30
29         grams of methamphetamine precursor or substance
30         containing any methamphetamine precursor is guilty of
31         a Class 1 felony.
32             (C) A person who possesses, procures, transports,
33         stores, or delivers 30 or more grams but less than 150
34         grams of methamphetamine precursor or substance
35         containing any methamphetamine precursor is guilty of

 

 

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1         a Class X felony, subject to a term of imprisonment of
2         not less than 6 years and not more than 30 years, and
3         subject to a fine not to exceed $100,000.
4             (D) A person who possesses, procures, transports,
5         stores, or delivers 150 or more grams but less than 500
6         grams of methamphetamine precursor or substance
7         containing any methamphetamine precursor is guilty of
8         a Class X felony, subject to a term of imprisonment of
9         not less than 8 years and not more than 40 years, and
10         subject to a fine not to exceed $200,000.
11             (E) A person who possesses, procures, transports,
12         stores, or delivers 500 or more grams of
13         methamphetamine precursor or substance containing any
14         methamphetamine precursor is guilty of a Class X
15         felony, subject to a term of imprisonment of not less
16         than 10 years and not more than 50 years, and subject
17         to a fine not to exceed $300,000.
18     (b) Methamphetamine precursor or substance containing any
19 methamphetamine precursor in any form other than a standard
20 dosage form.
21         (1) It is unlawful to knowingly possess, procure,
22     transport, store, or deliver any methamphetamine precursor
23     or substance containing any methamphetamine precursor in
24     any form other than a standard dosage form with the intent
25     that it be used to manufacture methamphetamine or a
26     substance containing methamphetamine.
27         (2) A person who violates paragraph (1) of this
28     subsection (b) is subject to the following penalties:
29             (A) A person who violates paragraph (1) of this
30         subsection (b) with the intent that less than 10 grams
31         of methamphetamine or a substance containing
32         methamphetamine be manufactured is guilty of a Class 2
33         felony.
34             (B) A person who violates paragraph (1) of this
35         subsection (b) with the intent that 10 or more grams
36         but less than 20 grams of methamphetamine or a

 

 

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1         substance containing methamphetamine be manufactured
2         is guilty of a Class 1 felony.
3             (C) A person who violates paragraph (1) of this
4         subsection (b) with the intent that 20 or more grams
5         but less than 100 grams of methamphetamine or a
6         substance containing methamphetamine be manufactured
7         is guilty of a Class X felony, subject to a term of
8         imprisonment of not less than 6 years and not more than
9         30 years, and subject to a fine not to exceed $100,000.
10             (D) A person who violates paragraph (1) of this
11         subsection (b) with the intent that 100 or more grams
12         but less than 350 grams of methamphetamine or a
13         substance containing methamphetamine be manufactured
14         is guilty of a Class X felony, subject to a term of
15         imprisonment of not less than 8 years and not more than
16         40 years, and subject to a fine not to exceed $200,000.
17             (E) A person who violates paragraph (1) of this
18         subsection (b) with the intent that 350 or more grams
19         of methamphetamine or a substance containing
20         methamphetamine be manufactured is guilty of a Class X
21         felony, subject to a term of imprisonment of not less
22         than 10 years and not more than 50 years, and subject
23         to a fine not to exceed $300,000.
24     (c) Rule of evidence. The presence of any methamphetamine
25 precursor in a sealed, factory imprinted container, including,
26 but not limited to, a bottle, box, package, or blister pack, at
27 the time of seizure by law enforcement, is prima facie evidence
28 that the methamphetamine precursor located within the
29 container is in fact the material so described and in the
30 amount listed on the container. The factory imprinted container
31 is admissible for a violation of this Act for purposes of
32 proving the contents of the container.
33 (Source: P.A. 94-556, eff. 9-11-05.)
 
34     (720 ILCS 646/25)
35     Sec. 25. Anhydrous ammonia.

 

 

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1     (a) Possession, procurement, transportation, storage, or
2 delivery of anhydrous ammonia with the intent that it be used
3 to manufacture methamphetamine.
4         (1) It is unlawful to knowingly engage in the
5     possession, procurement, transportation, storage, or
6     delivery of anhydrous ammonia or to attempt to engage in
7     any of these activities or to assist another in engaging in
8     any of these activities with the intent that the anhydrous
9     ammonia be used to manufacture methamphetamine.
10         (2) A person who violates paragraph (1) of this
11     subsection (a) is guilty of a Class 1 felony.
12     (b) Aggravated possession, procurement, transportation,
13 storage, or delivery of anhydrous ammonia with the intent that
14 it be used to manufacture methamphetamine.
15         (1) It is unlawful to knowingly engage in the
16     aggravated possession, procurement, transportation,
17     storage, or delivery of anhydrous ammonia with the intent
18     that it be used to manufacture methamphetamine. A person
19     commits this offense when the person engages in the
20     possession, procurement, transportation, storage, or
21     delivery of anhydrous ammonia or attempts to engage in any
22     of these activities or assists another in engaging in any
23     of these activities with the intent that the anhydrous
24     ammonia be used to manufacture methamphetamine and:
25             (A) the person knowingly does so in a multi-unit
26         dwelling;
27             (B) the person knowingly does so in a structure or
28         vehicle where a child under the age of 18, or a person
29         with a disability, or a person who is 60 years of age
30         or older who is incapable of adequately providing for
31         his or her own health and personal care resides, is
32         present, or is endangered by the anhydrous ammonia;
33             (C) the person's possession, procurement,
34         transportation, storage, or delivery of anhydrous
35         ammonia is a contributing cause of the death, serious
36         bodily injury, disability, or disfigurement of another

 

 

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1         person; or
2             (D) the person's possession, procurement,
3         transportation, storage, or delivery of anhydrous
4         ammonia is a contributing cause of a fire or explosion
5         that damages property belonging to another person.
6         (2) A person who violates paragraph (1) of this
7     subsection (b) is guilty of a Class X felony, subject to a
8     term of imprisonment of not less than 6 years and not more
9     than 30 years, and subject to a fine not to exceed
10     $100,000.
11     (c) Possession, procurement, transportation, storage, or
12 delivery of anhydrous ammonia in an unauthorized container.
13         (1) It is unlawful to knowingly possess, procure,
14     transport, store, or deliver anhydrous ammonia in an
15     unauthorized container.
16         (2) A person who violates paragraph (1) of this
17     subsection (c) is guilty of a Class 3 felony.
18         (3) Affirmative defense. It is an affirmative defense
19     that the person charged possessed, procured, transported,
20     stored, or delivered anhydrous ammonia in a manner that
21     substantially complied with the rules governing anhydrous
22     ammonia equipment found in 8 Illinois Administrative Code
23     Section 215, in 92 Illinois Administrative Code Sections
24     171 through 180, or in any provision of the Code of Federal
25     Regulations incorporated by reference into these Sections
26     of the Illinois Administrative Code.
27     (d) Tampering with anhydrous ammonia equipment.
28         (1) It is unlawful to knowingly tamper with anhydrous
29     ammonia equipment. A person tampers with anhydrous ammonia
30     equipment when, without authorization from the lawful
31     owner, the person:
32             (A) removes or attempts to remove anhydrous
33         ammonia from the anhydrous ammonia equipment used by
34         the lawful owner;
35             (B) damages or attempts to damage the anhydrous
36         ammonia equipment used by the lawful owner; or

 

 

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1             (C) vents or attempts to vent anhydrous ammonia
2         into the environment.
3         (2) A person who violates paragraph (1) of this
4     subsection (d) is guilty of a Class 3 felony.
5 (Source: P.A. 94-556, eff. 9-11-05.)
 
6     (720 ILCS 646/30)
7     Sec. 30. Methamphetamine manufacturing material.
8     (a) It is unlawful to knowingly engage in the possession,
9 procurement, transportation, storage, or delivery of any
10 methamphetamine manufacturing material, other than a
11 methamphetamine precursor, substance containing a
12 methamphetamine precursor, or anhydrous ammonia, with the
13 intent that it be used to manufacture methamphetamine.
14     (b) A person who violates subsection (a) of this Section is
15 guilty of a Class 2 felony.
16 (Source: P.A. 94-556, eff. 9-11-05.)
 
17     (720 ILCS 646/45)
18     Sec. 45. Methamphetamine manufacturing waste.
19     (a) It is unlawful to knowingly burn, place in a trash
20 receptacle, or dispose of methamphetamine manufacturing waste,
21 knowing that the waste was used in the manufacturing of
22 methamphetamine.
23     (b) A person who violates subsection (a) of this Section is
24 guilty of a Class 2 felony.
25 (Source: P.A. 94-556, eff. 9-11-05.)
 
26     (720 ILCS 646/55)
27     Sec. 55. Methamphetamine delivery.
28     (a) Delivery or possession with intent to deliver
29 methamphetamine or a substance containing methamphetamine.
30         (1) It is unlawful knowingly to engage in the delivery
31     or possession with intent to deliver methamphetamine or a
32     substance containing methamphetamine.
33         (2) A person who violates paragraph (1) of this

 

 

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1     subsection (a) is subject to the following penalties:
2             (A) A person who delivers or possesses with intent
3         to deliver less than 5 grams of methamphetamine or a
4         substance containing methamphetamine is guilty of a
5         Class 2 felony.
6             (B) A person who delivers or possesses with intent
7         to deliver 5 or more grams but less than 15 grams of
8         methamphetamine or a substance containing
9         methamphetamine is guilty of a Class 1 felony.
10             (C) A person who delivers or possesses with intent
11         to deliver 15 or more grams but less than 100 grams of
12         methamphetamine or a substance containing
13         methamphetamine is guilty of a Class X felony, subject
14         to a term of imprisonment of not less than 6 years and
15         not more than 30 years, and subject to a fine not to
16         exceed $100,000 or the street value of the
17         methamphetamine, whichever is greater.
18             (D) A person who delivers or possesses with intent
19         to deliver 100 or more grams but less than 400 grams of
20         methamphetamine or a substance containing
21         methamphetamine is guilty of a Class X felony, subject
22         to a term of imprisonment of not less than 9 years and
23         not more than 40 years, and subject to a fine not to
24         exceed $200,000 or the street value of the
25         methamphetamine, whichever is greater.
26             (E) A person who delivers or possesses with intent
27         to deliver 400 or more grams but less than 900 grams of
28         methamphetamine or a substance containing
29         methamphetamine is guilty of a Class X felony, subject
30         to a term of imprisonment of not less than 12 years and
31         not more than 50 years, and subject to a fine not to
32         exceed $300,000 or the street value of the
33         methamphetamine, whichever is greater.
34             (F) A person who delivers or possesses with intent
35         to deliver 900 or more grams of methamphetamine or a
36         substance containing methamphetamine is guilty of a

 

 

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1         Class X felony, subject to a term of imprisonment of
2         not less than 15 years and not more than 60 years, and
3         subject to a fine not to exceed $400,000 or the street
4         value of the methamphetamine, whichever is greater.
5     (b) Aggravated delivery or possession with intent to
6 deliver methamphetamine or a substance containing
7 methamphetamine.
8         (1) It is unlawful to engage in the aggravated delivery
9     or possession with intent to deliver methamphetamine or a
10     substance containing methamphetamine. A person engages in
11     the aggravated delivery or possession with intent to
12     deliver methamphetamine or a substance containing
13     methamphetamine when the person violates paragraph (1) of
14     subsection (a) of this Section and:
15             (A) the person is at least 18 years of age and
16         knowingly delivers or possesses with intent to deliver
17         the methamphetamine or substance containing
18         methamphetamine to a person under 18 years of age;
19             (B) the person is at least 18 years of age and
20         knowingly uses, engages, employs, or causes another
21         person to use, engage, or employ a person under 18
22         years of age to deliver the methamphetamine or
23         substance containing methamphetamine;
24             (C) the person knowingly delivers or possesses
25         with intent to deliver the methamphetamine or
26         substance containing methamphetamine in any structure
27         or vehicle protected by one or more firearms, explosive
28         devices, booby traps, alarm systems, surveillance
29         systems, guard dogs, or dangerous animals;
30             (D) the person knowingly delivers or possesses
31         with intent to deliver the methamphetamine or
32         substance containing methamphetamine in any school, on
33         any real property comprising any school, or in any
34         conveyance owned, leased, or contracted by a school to
35         transport students to or from school or a
36         school-related activity;

 

 

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1             (E) the person delivers or causes another person to
2         deliver the methamphetamine or substance containing
3         methamphetamine to a woman that the person knows to be
4         pregnant; or
5             (F) (blank) the person knowingly brings or causes
6         another to bring the methamphetamine or substance
7         containing methamphetamine into Illinois from a
8         location outside of Illinois.
9         (2) A person who violates paragraph (1) of this
10     subsection (b) is subject to the following penalties:
11             (A) A person who delivers or possesses with intent
12         to deliver less than 5 grams of methamphetamine or a
13         substance containing methamphetamine is guilty of a
14         Class 1 felony.
15             (B) A person who delivers or possesses with intent
16         to deliver 5 or more grams but less than 15 grams of
17         methamphetamine or a substance containing
18         methamphetamine is guilty of a Class X felony, subject
19         to a term of imprisonment of not less than 6 years and
20         not more than 30 years, and subject to a fine not to
21         exceed $100,000 or the street value of the
22         methamphetamine, whichever is greater.
23             (C) A person who delivers or possesses with intent
24         to deliver 15 or more grams but less than 100 grams of
25         methamphetamine or a substance containing
26         methamphetamine is guilty of a Class X felony, subject
27         to a term of imprisonment of not less than 8 years and
28         not more than 40 years, and subject to a fine not to
29         exceed $200,000 or the street value of the
30         methamphetamine, whichever is greater.
31             (D) A person who delivers or possesses with intent
32         to deliver 100 or more grams of methamphetamine or a
33         substance containing methamphetamine is guilty of a
34         Class X felony, subject to a term of imprisonment of
35         not less than 10 years and not more than 50 years, and
36         subject to a fine not to exceed $300,000 or the street

 

 

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1         value of the methamphetamine, whichever is greater.
2 (Source: P.A. 94-556, eff. 9-11-05.)
 
3     (720 ILCS 646/56 new)
4     Sec. 56. Methamphetamine trafficking.
5     (a) Except for purposes as authorized by this Act, any
6 person who knowingly brings, or causes to be brought, into this
7 State methamphetamine, anhydrous ammonia, or a methamphetamine
8 precursor for the purpose of manufacture or delivery of
9 methamphetamine or with the intent to manufacture or deliver
10 methamphetamine is guilty of methamphetamine trafficking.
11     (b) A person convicted of methamphetamine trafficking
12 shall be sentenced to a term of imprisonment of not less than
13 twice the minimum term and not more than twice the maximum term
14 of imprisonment based upon the amount of methamphetamine
15 brought or caused to be brought into this State, as provided in
16 subsection (a) of Section 55 of this Act.
17     (c) A person convicted of methamphetamine trafficking
18 based upon a methamphetamine precursor shall be sentenced to a
19 term of imprisonment of not less than twice the minimum term
20 and not more than twice the maximum term of imprisonment based
21 upon the amount of methamphetamine precursor provided in
22 subsection (a) or (b) of Section 20 of this Act brought or
23 caused to be brought into this State.
24     (d) A person convicted of methamphetamine trafficking
25 based upon anhydrous ammonia under paragraph (1) of subsection
26 (a) of Section 25 of this Act shall be sentenced to a term of
27 imprisonment of not less than twice the minimum term and not
28 more than twice the maximum term of imprisonment provided in
29 paragraph (1) of subsection (a) of Section 25 of this Act.
 
30     Section 10. The Methamphetamine Precursor Control Act is
31 amended by changing Sections 5, 10, 15, 20, 25, and 35 and by
32 adding Section 60 as follows:
 
33     (720 ILCS 648/5)

 

 

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1     Sec. 5. Purpose. The purpose of this Act is to reduce the
2 harm that methamphetamine manufacturing and manufacturers are
3 inflicting on individuals, families, communities, first
4 responders, the economy, and the environment in Illinois, by
5 making it more difficult for persons engaged in the unlawful
6 manufacture of methamphetamine and related activities to
7 obtain methamphetamine's essential ingredient, ephedrine or
8 pseudoephedrine. It is the intent of the General Assembly that
9 this Act operate in tandem with and be interpreted as
10 consistent with federal laws and regulations relating to the
11 subject matter of this Act to the greatest extent possible.
12 (Source: P.A. 94-694, eff. 1-15-06.)
 
13     (720 ILCS 648/10)
14     Sec. 10. Definitions. In this Act:
15     "Administer" or "administration" has the meaning provided
16 in Section 102 of the Illinois Controlled Substances Act.
17     "Agent" has the meaning provided in Section 102 of the
18 Illinois Controlled Substances Act.
19     "Convenience package" means any package that contains 360
20 milligrams or less of ephedrine or pseudoephedrine, their salts
21 or optical isomers, or salts of optical isomers in liquid or
22 liquid-filled capsule form.
23     "Deliver" has the meaning provided in Section 102 of the
24 Illinois Controlled Substances Act.
25     "Dispense" has the meaning provided in Section 102 of the
26 Illinois Controlled Substances Act.
27     "Distribute" has the meaning provided in Section 102 of the
28 Illinois Controlled Substances Act.
29     "List I chemical" has the meaning provided in 21 U.S.C.
30 Section 802.
31     "Methamphetamine precursor" has the meaning provided in
32 Section 10 of the Methamphetamine Control and Community
33 Protection Act.
34     "Package" means an item packaged and marked for retail sale
35 that is not designed to be further broken down or subdivided

 

 

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1 for the purpose of retail sale.
2     "Pharmacist" has the meaning provided in Section 102 of the
3 Illinois Controlled Substances Act.
4     "Pharmacy" has the meaning provided in Section 102 of the
5 Illinois Controlled Substances Act.
6     "Practitioner" has the meaning provided in Section 102 of
7 the Illinois Controlled Substances Act.
8     "Prescriber" has the meaning provided in Section 102 of the
9 Illinois Controlled Substances Act.
10     "Prescription" has the meaning provided in Section 102 of
11 the Illinois Controlled Substances Act.
12     "Readily retrievable" has the meaning provided in 21 C.F.R.
13 part 1300.
14     "Retail distributor" means a grocery store, general
15 merchandise store, drug store, other merchandise store, or
16 other entity or person whose activities as a distributor
17 relating to drug products containing targeted methamphetamine
18 precursor are limited exclusively or almost exclusively to
19 sales for personal use by an ultimate user, both in number of
20 sales and volume of sales, either directly to walk-in customers
21 or in face-to-face transactions by direct sales.
22     "Sales employee" means any employee or agent, other than a
23 pharmacist or pharmacy technician who works exclusively or
24 almost exclusively behind a pharmacy counter, who at any time
25 (a) operates a cash register at which targeted packages may be
26 sold, (b) works at or behind a pharmacy counter, (c) stocks
27 shelves containing targeted packages, or (c) (d) trains or
28 supervises any other employee or agent who engages in any of
29 the preceding activities.
30     "Single retail transaction" means a sale by a retail
31 distributor to a specific customer at a specific time.
32     "Targeted methamphetamine precursor" means any compound,
33 mixture, or preparation that contains any detectable quantity
34 of ephedrine or pseudoephedrine, their salts or optical
35 isomers, or salts of optical isomers.
36     "Targeted package" means a package, including a

 

 

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1 convenience package, containing any amount of targeted
2 methamphetamine precursor.
3     "Ultimate user" has the meaning provided in Section 102 of
4 the Illinois Controlled Substances Act.
5 (Source: P.A. 94-694, eff. 1-15-06.)
 
6     (720 ILCS 648/15)
7     Sec. 15. Basic provisions.
8     (a) No targeted methamphetamine precursor shall be
9 purchased, received, or otherwise acquired in any manner other
10 than that described in Section 20 of this Act.
11     (b) No targeted methamphetamine precursor shall be
12 knowingly administered, dispensed, or distributed for any
13 purpose other than a medical purpose.
14     (c) No targeted methamphetamine precursor shall be
15 knowingly administered, dispensed, or distributed for the
16 purpose of violating or evading this Act, the Illinois
17 Controlled Substances Act, or the Methamphetamine Control and
18 Community Protection Act.
19     (d) No targeted methamphetamine precursor shall be
20 administered, dispensed, or distributed with knowledge that it
21 will be used to manufacture methamphetamine or with reckless
22 disregard of its likely use to manufacture methamphetamine.
23     (e) No targeted methamphetamine precursor shall be
24 administered, dispensed, or distributed except by:
25         (1) a pharmacist pursuant to the valid order of a
26     prescriber;
27         (2) any other practitioner authorized to do so by the
28     Illinois Controlled Substances Act;
29         (3) a drug abuse treatment program, pursuant to
30     subsection (d) of Section 313 of the Illinois Controlled
31     Substances Act;
32         (4) a pharmacy pursuant to Section 25 of this Act;
33         (5) a retail distributor pursuant to Sections 30 and 35
34     of this Act; or
35         (6) a distributor authorized by the Drug Enforcement

 

 

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1     Administration to distribute bulk quantities of a list I
2     chemical under the federal Controlled Substances Act and
3     corresponding regulations, or the employee or agent of such
4     a distributor acting in the normal course of business.
5     (f) Notwithstanding any provision of this Act to the
6 contrary, it is lawful for persons to provide small quantities
7 of targeted methamphetamine precursors to immediate family or
8 household members for legitimate medical purposes, and it is
9 lawful for persons to receive small quantities of targeted
10 methamphetamine precursors from immediate family or household
11 members for legitimate medical purposes.
12 (Source: P.A. 94-694, eff. 1-15-06.)
 
13     (720 ILCS 648/20)
14     Sec. 20. Restrictions on purchase, receipt, or
15 acquisition.
16     (a) Except as provided in subsection (e) of this Section,
17 any person 18 years of age or older wishing to purchase,
18 receive, or otherwise acquire a targeted methamphetamine
19 precursor shall, prior to taking possession of the targeted
20 methamphetamine precursor:
21         (1) provide a driver's license or other
22     government-issued identification showing the person's
23     name, date of birth, and photograph; and
24         (2) sign a log documenting the name and address of the
25     person, date and time of the transaction, and brand and
26     product name and total quantity distributed of ephedrine or
27     pseudoephedrine, their salts, or optical isomers, or salts
28     of optical isomers.
29     (b) Except as provided in subsection (e) of this Section,
30 no person shall knowingly purchase, receive, or otherwise
31 acquire, within any 30-day period products containing more than
32 a total of 7,500 milligrams of ephedrine or pseudoephedrine,
33 their salts or optical isomers, or salts of optical isomers.
34     (c) Except as provided in subsections (d) and (e) of this
35 Section, no person shall knowingly purchase, receive, or

 

 

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1 otherwise acquire more than 2 targeted packages in a single
2 retail transaction.
3     (d) Except as provided in subsection (e) of this Section,
4 no person shall knowingly purchase, receive, or otherwise
5 acquire more than one convenience package from a retail
6 location other than a pharmacy counter in a 24-hour period.
7     (e) This Section shall not apply to any person who
8 purchases, receives, or otherwise acquires a targeted
9 methamphetamine precursor for the purpose of dispensing,
10 distributing, or administering it in a lawful manner described
11 in subsection (e) of Section 15 of this Act.
12 (Source: P.A. 94-694, eff. 1-15-06.)
 
13     (720 ILCS 648/25)
14     Sec. 25. Pharmacies.
15     (a) No targeted methamphetamine precursor may be knowingly
16 distributed through a pharmacy, including a pharmacy located
17 within, owned by, operated by, or associated with a retail
18 distributor unless all terms of this Section are satisfied.
19     (b) Any targeted methamphetamine precursor other than a
20 convenience package or a liquid, including but not limited to
21 any targeted methamphetamine precursor in liquid-filled
22 capsules, The targeted methamphetamine precursor shall: (1) be
23 packaged in blister packs, with each blister containing not
24 more than 2 dosage units, or when the use of blister packs is
25 technically infeasible, in unit dose packets. Each targeted
26 package shall ; and (2) contain no more than 3,000 milligrams of
27 ephedrine or pseudoephedrine, their salts or optical isomers,
28 or salts of optical isomers.
29     (c) The targeted methamphetamine precursor shall be stored
30 behind the pharmacy counter and distributed by a pharmacist or
31 pharmacy technician licensed under the Pharmacy Practice Act of
32 1987.
33     (d) Any retail distributor operating a pharmacy, and any
34 pharmacist or pharmacy technician involved in the transaction
35 or transactions, shall ensure that any person purchasing,

 

 

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1 receiving, or otherwise acquiring the targeted methamphetamine
2 precursor complies with subsection (a) of Section 20 of this
3 Act.
4     (e) Any retail distributor operating a pharmacy, and any
5 pharmacist or pharmacy technician involved in the transaction
6 or transactions, shall verify that:
7         (1) The person purchasing, receiving, or otherwise
8     acquiring the targeted methamphetamine precursor is 18
9     years of age or older and resembles the photograph of the
10     person on the government-issued identification presented
11     by the person; and
12         (2) The name entered into the log referred to in
13     subsection (a) of Section 20 of this Act corresponds to the
14     name on the government-issued identification presented by
15     the person.
16     (f) The logs referred to in subsection (a) of Section 20 of
17 this Act shall be kept confidential, maintained for not less
18 than 2 years, and made available for inspection and copying by
19 any law enforcement officer upon request of that officer. These
20 logs may be kept in an electronic format if they include all
21 the information specified in subsection (a) of Section 20 of
22 this Act in a manner that is readily retrievable and
23 reproducible in hard-copy format.
24     (g) No retail distributor operating a pharmacy, and no
25 pharmacist or pharmacy technician, shall knowingly distribute
26 any targeted methamphetamine precursor to any person under 18
27 years of age.
28     (h) No retail distributor operating a pharmacy, and no
29 pharmacist or pharmacy technician, shall knowingly distribute
30 to a single person in any 24-hour period more than one
31 convenience package.
32     (i) Except as provided in subsection (h) of this Section,
33 no
34     (h) No retail distributor operating a pharmacy, and no
35 pharmacist or pharmacy technician, shall knowingly distribute
36 to a single person more than 2 targeted packages in a single

 

 

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1 retail transaction.
2     (i) (j) No retail distributor operating a pharmacy, and no
3 pharmacist or pharmacy technician, shall knowingly distribute
4 to a single person in any 30-day period products containing
5 more than a total of 7,500 milligrams of ephedrine or
6 pseudoephedrine, their salts or optical isomers, or salts of
7 optical isomers.
8     (j) A pharmacist or pharmacy technician may distribute a
9 targeted methamphetamine precursor to a person who is without a
10 form of identification specified in paragraph (1) of subsection
11 (a) of Section 20 of this Act only if all other provisions of
12 this Act are followed and either:
13         (1) the person presents a driver's license issued
14     without a photograph by the State of Illinois pursuant to
15     the Illinois Administrative Code, Title 92, Section
16     1030.90(b)(1) or 1030.90(b)(2); or
17         (2) the person is known to the pharmacist or pharmacy
18     technician, the person presents some form of
19     identification, and the pharmacist or pharmacy technician
20     reasonably believes that the targeted methamphetamine
21     precursor will be used for a legitimate medical purpose and
22     not to manufacture methamphetamine.
23     (k) When a pharmacist or pharmacy technician distributes a
24 targeted methamphetamine precursor to a person according to the
25 procedures set forth in this Act, and the pharmacist or
26 pharmacy technician does not have access to a working cash
27 register at the pharmacy counter, the pharmacist or pharmacy
28 technician may instruct the person to pay for the targeted
29 methamphetamine precursor at a cash register located elsewhere
30 in the retail establishment, whether that register is operated
31 by a pharmacist, pharmacy technician, or other employee or
32 agent of the retail establishment.
33 (Source: P.A. 94-694, eff. 1-15-06.)
 
34     (720 ILCS 648/35)
35     Sec. 35. Retail distributors; training requirements.

 

 

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1     (a) Every retail distributor of any targeted
2 methamphetamine precursor shall train each sales employee on
3 the topics listed on the certification form described in
4 subsection (b) of this Section. This training may be conducted
5 by a live trainer or by means of a computer-based training
6 program. This training shall be completed within 30 days of the
7 effective date of this Act or within 30 days of the date that
8 each sales employee begins working for the retail distributor,
9 whichever of these 2 dates comes later.
10     (b) Immediately after training each sales employee as
11 required in subsection (a) of this Section, every retail
12 distributor of any targeted methamphetamine precursor shall
13 have each sales employee read, sign, and date a certification
14 containing the following language:
15         (1) My name is (insert name of employee) and I am an
16     employee of (insert name of business) at (insert street
17     address).
18         (2) I understand that in Illinois there are laws
19     governing the sale of certain over-the-counter medications
20     that contain a chemical called ephedrine or a second
21     chemical called pseudoephedrine. Medications that are
22     subject to these laws are called "targeted methamphetamine
23     precursors".
24         (3) I understand that "targeted methamphetamine
25     precursors" can be used to manufacture the illegal and
26     dangerous drug methamphetamine and that methamphetamine is
27     causing great harm to individuals, families, communities,
28     the economy, and the environment throughout Illinois.
29         (4) I understand that under Illinois law, unless they
30     are at a pharmacy counter, customers can only purchase
31     small "convenience packages" of "targeted methamphetamine
32     precursors".
33         (5) I understand that under Illinois law, customers can
34     only purchase these "convenience packages" if they are 18
35     years of age or older, show identification, and sign a log
36     according to procedures that have been described to me.

 

 

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1         (6) I understand that under Illinois law, I cannot sell
2     more than one "convenience package" to a single customer in
3     one 24-hour period.
4         (7) I understand that under Illinois law, I cannot sell
5     "targeted methamphetamine precursors" to a person if I know
6     that the person is going to use them to make
7     methamphetamine.
8         (8) I understand that there are a number of ingredients
9     that are used to make the illegal drug methamphetamine,
10     including "targeted methamphetamine precursors" sold in
11     "convenience packages". My employer has shown me a list of
12     these various ingredients, and I have reviewed the list.
13         (9) I understand that there are certain procedures that
14     I should follow if I suspect that a store customer is
15     purchasing "targeted methamphetamine precursors" or other
16     products for the purpose of manufacturing methamphetamine.
17     These procedures have been described to me, and I
18     understand them.
19     (c) A certification form of the type described in
20 subsection (b) of this Section may be signed with a handwritten
21 signature or an electronic signature that includes a unique
22 identifier for each employee. The certification shall be
23 retained by the retail distributor for each sales employee for
24 the duration of his or her employment and for at least 30 days
25 following the end of his or her employment. Any such form shall
26 be made available for inspection and copying by any law
27 enforcement officer upon request of that officer. These records
28 may be kept in electronic format if they include all the
29 information specified in this Section in a manner that is
30 readily retrievable and reproducible in hard-copy format.
31     (d) The Office of the Illinois Attorney General shall make
32 available to retail distributors the list of methamphetamine
33 ingredients referred to in subsection (b) of this Section.
34     (e) The training requirements set forth in this Section
35 apply to the distribution of convenience packages away from
36 pharmacy counters as set forth in Section 30 of this Act but do

 

 

SB2391 Enrolled - 29 - LRB094 15742 RLC 50955 b

1 not apply to the distribution of targeted methamphetamine
2 precursors through a pharmacy as set forth in Section 25 of
3 this Act.
4 (Source: P.A. 94-694, eff. 1-15-06.)
 
5     (720 ILCS 648/60 new)
6     Sec. 60. Severability. The provisions of this Act are
7 severable under Section 1.31 of the Statute on Statutes.
 
8     Section 97. Severability. The provisions of this Act are
9 severable under Section 1.31 of the Statute on Statutes.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.