Full Text of SB2391 94th General Assembly
SB2391enr 94TH GENERAL ASSEMBLY
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SB2391 Enrolled |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 2. The Illinois Controlled Substances Act is | 5 |
| amended by changing Section 312 as follows:
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| (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
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| Sec. 312. Requirements for dispensing controlled | 8 |
| substances.
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| (a) A practitioner, in good faith, may dispense a Schedule
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| 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
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| 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
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| controlled substances of the prescriber, if he is
required by
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| 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
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| 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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| the enforcement of this Act, for the purpose of
investigation | 2 |
| or as evidence, such officer or employee shall give to the
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| 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
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| after the date thereof or refilled more than 5 times unless | 9 |
| renewed, in
writing, by the prescriber.
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| (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
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| 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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| (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:
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| (1) only personally by a person registered to dispense | 8 |
| a Schedule V
controlled substance and then only to his | 9 |
| patients, or
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| (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.
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| (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.
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| (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
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| controlled substances within the immediately preceding 96 | 25 |
| hours.
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| (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.
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| (6) all records of purchases and sales shall be | 31 |
| maintained for not
less than 2 years.
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| (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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| such preparations or combination of preparations in excess
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| of this limitation shall be in unlawful possession of such | 3 |
| controlled
substance.
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| (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
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| 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.
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| (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.
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| (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
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| 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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| methaqualone shall do so only upon
the issuance of a written | 2 |
| prescription blank by a
prescriber.
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| (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
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| pharmacist and only for the purposes of filling a prescription | 12 |
| under
this Act, shall alter, deface or remove any label so | 13 |
| affixed.
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| (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
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| person shall alter, deface or remove any label so affixed.
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| (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.
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| (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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| 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
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| 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
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| subject to the penalties provided for violations of the law | 15 |
| relating to
controlled substances.
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| (i) A prescriber shall not preprint or cause to be
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| 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.
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| (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
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| 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.
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| (Source: P.A. 94-694, eff. 1-15-06.)
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| Section 5. The Methamphetamine Control and Community |
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SB2391 Enrolled |
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LRB094 15742 RLC 50955 b |
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| 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)
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| Sec. 15. Participation in methamphetamine manufacturing. | 5 |
| (a) Participation in methamphetamine manufacturing.
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| (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.
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| (2) A person who violates paragraph (1) of this | 11 |
| subsection (a) is subject to the following penalties:
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| (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.
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| (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.
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| (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.
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| (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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| 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.
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| (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.
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| (b) Aggravated participation in methamphetamine | 13 |
| manufacturing.
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| (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:
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| (A) the person knowingly does so in a multi-unit | 20 |
| dwelling;
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| (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;
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| (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;
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| (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;
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| (E) the methamphetamine manufacturing in which the |
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| 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;
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| (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
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| (G) the person knowingly organizes, directs, or | 10 |
| finances the methamphetamine manufacturing or | 11 |
| activities carried out in support of the | 12 |
| methamphetamine manufacturing.
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| (2) A person who violates paragraph (1) of this | 14 |
| subsection (b) is subject to the following penalties:
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| (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.
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| (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.
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| (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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| methamphetamine, whichever is greater.
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| (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.
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| (Source: P.A. 94-556, eff. 9-11-05.) | 10 |
| (720 ILCS 646/20)
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| 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.
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| (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.
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| (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.
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| (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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| 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.
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| (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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| substance containing methamphetamine be manufactured | 2 |
| is guilty of a Class 1 felony.
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| (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.
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| (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.
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| (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.
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| (Source: P.A. 94-556, eff. 9-11-05.) | 34 |
| (720 ILCS 646/25)
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| Sec. 25. Anhydrous ammonia. |
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LRB094 15742 RLC 50955 b |
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| (a) Possession, procurement, transportation, storage, or | 2 |
| delivery of anhydrous ammonia with the intent that it be used | 3 |
| to manufacture methamphetamine.
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| (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.
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| (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 |
|
|
|
SB2391 Enrolled |
- 14 - |
LRB094 15742 RLC 50955 b |
|
| 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
|
|
|
|
SB2391 Enrolled |
- 15 - |
LRB094 15742 RLC 50955 b |
|
| 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 |
|
|
|
SB2391 Enrolled |
- 16 - |
LRB094 15742 RLC 50955 b |
|
| 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 |
|
|
|
SB2391 Enrolled |
- 17 - |
LRB094 15742 RLC 50955 b |
|
| 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;
|
|
|
|
SB2391 Enrolled |
- 18 - |
LRB094 15742 RLC 50955 b |
|
| 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 |
|
|
|
SB2391 Enrolled |
- 19 - |
LRB094 15742 RLC 50955 b |
|
| 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) |
|
|
|
SB2391 Enrolled |
- 20 - |
LRB094 15742 RLC 50955 b |
|
| 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 |
|
|
|
SB2391 Enrolled |
- 21 - |
LRB094 15742 RLC 50955 b |
|
| 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 |
|
|
|
SB2391 Enrolled |
- 22 - |
LRB094 15742 RLC 50955 b |
|
| 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 |
|
|
|
SB2391 Enrolled |
- 23 - |
LRB094 15742 RLC 50955 b |
|
| 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 |
|
|
|
SB2391 Enrolled |
- 24 - |
LRB094 15742 RLC 50955 b |
|
| 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, |
|
|
|
SB2391 Enrolled |
- 25 - |
LRB094 15742 RLC 50955 b |
|
| 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 |
|
|
|
SB2391 Enrolled |
- 26 - |
LRB094 15742 RLC 50955 b |
|
| 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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| (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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| (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 |
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| 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. |
|