HB3203 EnrolledLRB103 29413 CPF 55804 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Overdose Prevention and Harm Reduction Act
5is amended by adding Section 15 as follows:
6    (410 ILCS 710/15 new)
7    Sec. 15. Fentanyl test strips. To further promote harm
8reduction efforts, a pharmacist or retailer may sell fentanyl
9test strips over-the-counter to the public to test for the
10presence of fentanyl, a fentanyl analog, or a drug adulterant
11within a controlled substance. A county health department may
12distribute fentanyl test strips at the county health
13department facility for no fee.
14    Section 10. The Drug Paraphernalia Control Act is amended
15by changing Section 2 as follows:
16    (720 ILCS 600/2)  (from Ch. 56 1/2, par. 2102)
17    Sec. 2. As used in this Act, unless the context otherwise
19    (a) The term "cannabis" shall have the meaning ascribed to
20it in Section 3 of the Cannabis Control Act, as if that
21definition were incorporated herein.



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1    (b) The term "controlled substance" shall have the meaning
2ascribed to it in Section 102 of the Illinois Controlled
3Substances Act, as if that definition were incorporated
5    (c) "Deliver" or "delivery" means the actual, constructive
6or attempted transfer of possession, with or without
7consideration, whether or not there is an agency relationship.
8    (d) "Drug paraphernalia" means all equipment, products and
9materials of any kind, other than methamphetamine
10manufacturing materials as defined in Section 10 of the
11Methamphetamine Control and Community Protection Act and
12cannabis paraphernalia as defined in Section 1-10 of the
13Cannabis Regulation and Tax Act, which are intended to be used
14unlawfully in planting, propagating, cultivating, growing,
15harvesting, manufacturing, compounding, converting,
16producing, processing, preparing, testing, analyzing,
17packaging, repackaging, storing, containing, concealing,
18injecting, ingesting, inhaling or otherwise introducing into
19the human body a controlled substance in violation of the
20Illinois Controlled Substances Act or the Methamphetamine
21Control and Community Protection Act or a synthetic drug
22product or misbranded drug in violation of the Illinois Food,
23Drug and Cosmetic Act. It includes, but is not limited to:
24        (1) kits intended to be used unlawfully in
25    manufacturing, compounding, converting, producing,
26    processing or preparing a controlled substance;



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1        (2) isomerization devices intended to be used
2    unlawfully in increasing the potency of any species of
3    plant which is a controlled substance;
4        (3) testing equipment intended to be used unlawfully
5    in a private home for identifying or in analyzing the
6    strength, effectiveness or purity of controlled
7    substances;
8        (4) diluents and adulterants intended to be used
9    unlawfully for cutting a controlled substance by private
10    persons;
11        (5) objects intended to be used unlawfully in
12    ingesting, inhaling, or otherwise introducing cocaine or a
13    synthetic drug product or misbranded drug in violation of
14    the Illinois Food, Drug and Cosmetic Act into the human
15    body including, where applicable, the following items:
16            (A) water pipes;
17            (B) carburetion tubes and devices;
18            (C) smoking and carburetion masks;
19            (D) miniature cocaine spoons and cocaine vials;
20            (E) carburetor pipes;
21            (F) electric pipes;
22            (G) air-driven pipes;
23            (H) chillums;
24            (I) bongs;
25            (J) ice pipes or chillers;
26        (6) any item whose purpose, as announced or described



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1    by the seller, is for use in violation of this Act.
2    "Drug paraphernalia" does not include equipment, products,
3or materials to analyze or test for the presence of fentanyl, a
4fentanyl analogue, or a drug adulterant within a controlled
6(Source: P.A. 101-593, eff. 12-4-19.)