Illinois General Assembly - Illinois Compiled Statutes

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720 ILCS 570/201

    (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
    (Text of Section before amendment by P.A. 103-881)
    Sec. 201.

(a) The Department shall carry out the provisions of
this Article.  The Department or its successor agency
may, by administrative rule, add additional substances
to or delete or reschedule all controlled substances in the Schedules of
Sections 204, 206, 208, 210 and 212 of this Act.  In making a determination
regarding the addition,
deletion, or rescheduling of a substance, the Department
shall consider
the following:

(1) the actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological

effect, if known;

(3) the state of current scientific knowledge

regarding the substance;

        (4) the history and current pattern of abuse;
        (5) the scope, duration, and significance of abuse;
        (6) the risk to the public health;
        (7) the potential of the substance to produce

psychological or physiological dependence;

(8) whether the substance is an immediate precursor

of a substance already controlled under this Article;

(9) the immediate harmful effect in terms of

potentially fatal dosage; and

(10) the long-range effects in terms of permanent

health impairment.

    (b) (Blank).
    (c) (Blank).

(d) If any substance is scheduled, rescheduled, or
deleted as a
controlled substance under Federal law and notice thereof is given to
the Department, the Department shall
similarly control the substance
under this Act after the expiration of 30 days from publication in the
Federal Register of a final order scheduling a substance as
a
controlled substance or rescheduling or deleting a substance, unless
within that 30 day period the Department objects, or
a party adversely
affected files with the Department substantial written objections
objecting to inclusion, rescheduling, or deletion.  In that case, the
Department shall publish the reasons for objection or the substantial
written objections and afford all interested parties an opportunity to
be heard.  At the conclusion of the hearing, the Department shall
publish its decision, by means of a rule, which shall be final unless
altered by statute.  Upon publication of objections by the  Department, similar control
under this Act whether by inclusion, rescheduling or deletion is stayed
until the Department publishes its ruling.

    (e) (Blank).
    (f) (Blank).

(g) Authority to control under this Section does not extend to
distilled spirits, wine, malt beverages, or tobacco as those terms are
defined or used in the Liquor Control Act of 1934 and the Tobacco Products Tax
Act of 1995.

(h) Persons registered with the Drug Enforcement Administration to manufacture or distribute controlled substances shall maintain adequate security and provide effective controls and procedures to guard against theft and diversion, but shall not otherwise be required to meet the physical security control requirements (such as cage or vault) for Schedule V controlled substances containing pseudoephedrine or Schedule II controlled substances containing dextromethorphan.

(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)

(Text of Section after amendment by P.A. 103-881)
Sec. 201.

(a) The Department shall carry out the provisions of this Article. The Department or its successor agency may, by administrative rule, add additional substances to or delete or reschedule all controlled substances in the Schedules of Sections 204, 206, 208, 210 and 212 of this Act. In making a determination regarding the addition, deletion, or rescheduling of a substance, the Department shall consider the following:

(1) the actual or relative potential for misuse;
(2) the scientific evidence of its pharmacological