HB3660 99TH GENERAL ASSEMBLY

LRB099 07896 RLC 28348 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3660

Introduced , by Rep. Norine Hammond - Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

720 ILCS 570/201.5 new

Amends the Illinois Controlled Substances Act. Provides that at least every 90 days, and in consultation with the Department of State Police Division of Forensic Services and the State Board of Pharmacy of the Department of Financial and Professional Regulation, the Department of Human Services shall send official correspondence to the Governor, Attorney General, and the General Assembly describing whether the Department of Human Services has identified any new chemical formulas that are used to make synthetic cannabinoids or cathinones (synthetic drugs) that are not currently illegal under State law. Provides that to identify new chemical formulas, the Department shall routinely communicate with the Department of State Police Division of Forensic Services, the United States Drug Enforcement Administration, the United States Office of National Drug Control Policy, and the Scientific Working Group for the Analysis of Seized Drugs (SWDRUG), and other state boards that schedule controlled substances. Provides that if the Department's official correspondence to the Governor, Attorney General, and General Assembly confirms that the Department has identified new chemical formulas that are used to make synthetic drugs, the Department shall immediately propose an emergency rule to add any new chemical formulas to the current list of chemical formulas that are listed in the Act as scheduled controlled substances, and adopt the proposed rule as quickly as allowed for under the Department's notice and public comment rules. Provides that if the Department adopts the emergency rule, the rule shall take effect as quickly as allowed under the Illinois Administrative Procedure Act, and the new rule shall have the force of law under the Act. Provides that any emergency rule adopted under this provision shall be inoperative 12 months from the date that the emergency rule becomes effective, or when the General Assembly by law takes action to ratify, change, or reject the emergency rule adopted by the Department. Provides that nothing in these provisions shall interfere with the exemptions provided for under State law to any person or entity that possesses a chemical formula defined as a scheduled controlled substance for a lawful purposes.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Illinois Controlled Substances Act is amended by adding Section 201.5 as follows:

(720 ILCS 570/201.5 new)

Sec. 201.5. Emergency rules; schedules.

(a) At least every 90 days, and in consultation with the Department of State Police Division of Forensic Services and the State Board of Pharmacy of the Department of Financial and Professional Regulation, the Department of Human Services shall send official correspondence to the Governor, Attorney General, and the General Assembly describing whether the Department of Human Services has identified any new chemical formulas that are used to make synthetic cannabinoids or cathinones (synthetic drugs) that are not currently illegal under State law. To identify new chemical formulas, the Department shall routinely communicate with the Department of State Police Division of Forensic Services, the United States Drug Enforcement Administration, the United States Office of National Drug Control Policy, and the Scientific Working Group for the Analysis of Seized Drugs (SWDRUG), and other state boards that schedule controlled substances.

(b) If the Department's official correspondence to the Governor, Attorney General, and General Assembly confirms that the Department has identified new chemical formulas that are used to make synthetic drugs, the Department shall immediately propose an emergency rule to add any new chemical formulas to the current list of chemical formulas that are listed in this Act as scheduled controlled substances, and adopt the proposed rule as quickly as allowed under the Department's notice and public comment rules. If the Department adopts the emergency rule under this subsection, the rule shall take effect as quickly as allowed under the Illinois Administrative Procedure Act, and the new rule shall have the force of law under this Act.

(c) Any emergency rule adopted under this Section shall be inoperative 12 months from the date that the emergency rule becomes effective, or when the General Assembly by law takes action to ratify, change, or reject the emergency rule adopted by the Department.

(d) Nothing in this Section shall interfere with the exemptions provided for under State law to any person or entity that possesses a chemical formula defined as a scheduled controlled substance for a lawful purposes.