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90_HB3170eng
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
Amends the Illinois Controlled Substances Act.
Establishes various penalties for the unlawful manufacture,
delivery, and possession of methamphetamine. Amends the
Unified Code of Corrections to provide that a person
convicted of possessing an immediate precursor of
methamphetamine that can be used to manufacture
methamphetamine may not receive probation, periodic
imprisonment, or conditional discharge.
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1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Sections 401 and 402.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Sections 401 and 402 as follows:
7 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
8 Sec. 401. Except as authorized by this Act, it is
9 unlawful for any person knowingly to manufacture or deliver,
10 or possess with intent to manufacture or deliver, a
11 controlled or counterfeit substance or controlled substance
12 analog. A violation of this Act with respect to each of the
13 controlled substances listed herein constitutes a single and
14 separate violation of this Act. For purposes of this
15 Section, "controlled substance analog" or "analog" means a
16 substance which is intended for human consumption, other than
17 a controlled substance, that has a chemical structure
18 substantially similar to that of a controlled substance in
19 Schedule I or II, or that was specifically designed to
20 produce an effect substantially similar to that of a
21 controlled substance in Schedule I or II. Examples of
22 chemical classes in which controlled substance analogs are
23 found include, but are not limited to, the following:
24 phenethylamines, N-substituted piperidines, morphinans,
25 ecgonines, quinazolinones, substituted indoles, and
26 arylcycloalkylamines. For purposes of this Act, a controlled
27 substance analog shall be treated in the same manner as the
28 controlled substance to which it is substantially similar.
29 (a) Any person who violates this Section with respect to
30 the following amounts of controlled or counterfeit substances
31 or controlled substance analogs, notwithstanding any of the
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1 provisions of subsections (c), (d), (e), (f), (g) or (h) to
2 the contrary, is guilty of a Class X felony and shall be
3 sentenced to a term of imprisonment as provided in this
4 subsection (a) and fined as provided in subsection (b):
5 (1) (A) not less than 6 years and not more than 30
6 years with respect to 15 grams or more but less than
7 100 grams of a substance containing heroin, or an
8 analog thereof;
9 (B) not less than 9 years and not more than 40
10 years with respect to 100 grams or more but less
11 than 400 grams of a substance containing heroin, or
12 an analog thereof;
13 (C) not less than 12 years and not more than
14 50 years with respect to 400 grams or more but less
15 than 900 grams of a substance containing heroin, or
16 an analog thereof;
17 (D) not less than 15 years and not more than
18 60 years with respect to 900 grams or more of any
19 substance containing heroin, or an analog thereof;
20 (2) (A) not less than 6 years and not more than 30
21 years with respect to 15 grams or more but less than
22 100 grams of a substance containing cocaine, or an
23 analog thereof;
24 (B) not less than 9 years and not more than 40
25 years with respect to 100 grams or more but less
26 than 400 grams of a substance containing cocaine, or
27 an analog thereof;
28 (C) not less than 12 years and not more than
29 50 years with respect to 400 grams or more but less
30 than 900 grams of a substance containing cocaine, or
31 an analog thereof;
32 (D) not less than 15 years and not more than
33 60 years with respect to 900 grams or more of any
34 substance containing cocaine, or an analog thereof;
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1 (3) (A) not less than 6 years and not more than 30
2 years with respect to 15 grams or more but less than
3 100 grams of a substance containing morphine, or an
4 analog thereof;
5 (B) not less than 9 years and not more than 40
6 years with respect to 100 grams or more but less
7 than 400 grams of a substance containing morphine,
8 or an analog thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing morphine,
12 or an analog thereof;
13 (D) not less than 15 years and not more than
14 60 years with respect to 900 grams or more of a
15 substance containing morphine, or an analog thereof;
16 (4) 200 grams or more of any substance containing
17 peyote, or an analog thereof;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid, or an analog thereof;
21 (6) 200 grams or more of any substance containing
22 amphetamine or methamphetamine or any salt of an optical
23 isomer of amphetamine or methamphetamine, or an analog
24 thereof;
25 (6.5) (A) not less than 6 years and not more than
26 30 years with respect to 15 grams or more but less than
27 100 grams of a substance containing methamphetamine or
28 any salt of an optical isomer of methamphetamine, or an
29 analog thereof;
30 (B) not less than 6 years and not more than 40
31 years with respect to 100 grams or more but less
32 than 400 grams of a substance containing
33 methamphetamine or any salt of an optical isomer of
34 methamphetamine, or an analog thereof;
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1 (C) not less than 6 years and not more than 50
2 years with respect to 400 grams or more but less
3 than 900 grams of a substance containing
4 methamphetamine or any salt of an optical isomer of
5 methamphetamine, or an analog thereof;
6 (D) not less than 6 years and not more than 60
7 years with respect to 900 grams or more of any
8 substance containing methamphetamine or any salt of
9 an optical isomer of methamphetamine, or an analog
10 thereof.
11 (7) (A) not less than 6 years and not more than 30
12 years with respect to: (i) 15 grams or more but less
13 than 100 grams of a substance containing lysergic
14 acid diethylamide (LSD), or an analog thereof, or
15 (ii) 15 or more objects or 15 or more segregated
16 parts of an object or objects but less than 200
17 objects or 200 segregated parts of an object or
18 objects containing in them or having upon them any
19 amounts of any substance containing lysergic acid
20 diethylamide (LSD), or an analog thereof;
21 (B) not less than 9 years and not more than 40
22 years with respect to: (i) 100 grams or more but
23 less than 400 grams of a substance containing
24 lysergic acid diethylamide (LSD), or an analog
25 thereof, or (ii) 200 or more objects or 200 or more
26 segregated parts of an object or objects but less
27 than 600 objects or less than 600 segregated parts
28 of an object or objects containing in them or having
29 upon them any amount of any substance containing
30 lysergic acid diethylamide (LSD), or an analog
31 thereof;
32 (C) not less than 12 years and not more than
33 50 years with respect to: (i) 400 grams or more but
34 less than 900 grams of a substance containing
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1 lysergic acid diethylamide (LSD), or an analog
2 thereof, or (ii) 600 or more objects or 600 or more
3 segregated parts of an object or objects but less
4 than 1500 objects or 1500 segregated parts of an
5 object or objects containing in them or having upon
6 them any amount of any substance containing lysergic
7 acid diethylamide (LSD), or an analog thereof;
8 (D) not less than 15 years and not more than
9 60 years with respect to: (i) 900 grams or more of
10 any substance containing lysergic acid diethylamide
11 (LSD), or an analog thereof, or (ii) 1500 or more
12 objects or 1500 or more segregated parts of an
13 object or objects containing in them or having upon
14 them any amount of a substance containing lysergic
15 acid diethylamide (LSD), or an analog thereof;
16 (8) 30 grams or more of any substance containing
17 pentazocine or any of the salts, isomers and salts of
18 isomers of pentazocine, or an analog thereof;
19 (9) 30 grams or more of any substance containing
20 methaqualone or any of the salts, isomers and salts of
21 isomers of methaqualone, or an analog thereof;
22 (10) 30 grams or more of any substance
23 containing phencyclidine or any of the salts, isomers
24 and salts of isomers of phencyclidine (PCP), or an
25 analog thereof;
26 (10.5) 30 grams or more of any substance containing
27 ketamine or any of the salts, isomers and salts of
28 isomers of ketamine, or an analog thereof;
29 (11) 200 grams or more of any substance containing
30 any other controlled substance classified in Schedules I
31 or II, or an analog thereof, which is not otherwise
32 included in this subsection.
33 (b) Any person sentenced with respect to violations of
34 paragraph (1), (2), (3), (6.5), or (7) of subsection (a)
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1 involving 100 grams or more of the controlled substance named
2 therein, may in addition to the penalties provided therein,
3 be fined an amount not more than $500,000 or the full street
4 value of the controlled or counterfeit substance or
5 controlled substance analog, whichever is greater. The term
6 "street value" shall have the meaning ascribed in Section
7 110-5 of the Code of Criminal Procedure of 1963. Any person
8 sentenced with respect to any other provision of subsection
9 (a), may in addition to the penalties provided therein, be
10 fined an amount not to exceed $500,000.
11 (c) Any person who violates this Section with regard to
12 the following amounts of controlled or counterfeit substances
13 or controlled substance analogs, notwithstanding any of the
14 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
15 to the contrary, is guilty of a Class 1 felony. The fine for
16 violation of this subsection (c) shall not be more than
17 $250,000:
18 (1) 10 or more grams but less than 15 grams of any
19 substance containing heroin, or an analog thereof;
20 (2) 1 gram or more but less than 15 grams of any
21 substance containing cocaine, or an analog thereof;
22 (3) 10 grams or more but less than 15 grams of any
23 substance containing morphine, or an analog thereof;
24 (4) 50 grams or more but less than 200 grams of any
25 substance containing peyote, or an analog thereof;
26 (5) 50 grams or more but less than 200 grams of any
27 substance containing a derivative of barbituric acid or
28 any of the salts of a derivative of barbituric acid, or
29 an analog thereof;
30 (6) 50 grams or more but less than 200 grams of any
31 substance containing amphetamine or methamphetamine or
32 any salt of an optical isomer of amphetamine or
33 methamphetamine, or an analog thereof;
34 (6.5) 5 grams or more but less than 15 grams of any
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1 substance containing methamphetamine or any salt or
2 optical isomer of methamphetamine, or an analog thereof;
3 (7) (i) 5 grams or more but less than 15 grams of
4 any substance containing lysergic acid diethylamide
5 (LSD), or an analog thereof, or (ii) more than 10 objects
6 or more than 10 segregated parts of an object or objects
7 but less than 15 objects or less than 15 segregated parts
8 of an object containing in them or having upon them any
9 amount of any substance containing lysergic acid
10 diethylamide (LSD), or an analog thereof;
11 (8) 10 grams or more but less than 30 grams of any
12 substance containing pentazocine or any of the salts,
13 isomers and salts of isomers of pentazocine, or an analog
14 thereof;
15 (9) 10 grams or more but less than 30 grams of any
16 substance containing methaqualone or any of the salts,
17 isomers and salts of isomers of methaqualone, or an
18 analog thereof;
19 (10) 10 grams or more but less than 30 grams of any
20 substance containing phencyclidine or any of the salts,
21 isomers and salts of isomers of phencyclidine (PCP), or
22 an analog thereof;
23 (10.5) 10 grams or more but less than 30 grams of
24 any substance containing ketamine or any of the salts,
25 isomers and salts of isomers of ketamine, or an analog
26 thereof;
27 (11) 50 grams or more but less than 200 grams of
28 any substance containing a substance classified in
29 Schedules I or II, or an analog thereof, which is not
30 otherwise included in this subsection.
31 (d) Any person who violates this Section with regard to
32 any other amount of a controlled or counterfeit substance
33 classified in Schedules I or II, or an analog thereof, which
34 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
HB3170 Engrossed -8- LRB9010110RCmg
1 (LSD) or an analog thereof, or (iii) any substance containing
2 methamphetamine or any salt or optical isomer of
3 methamphetamine, or an analog thereof, is guilty of a Class 2
4 felony. The fine for violation of this subsection (d) shall
5 not be more than $200,000.
6 (e) Any person who violates this Section with regard to
7 any other amount of a controlled or counterfeit substance
8 classified in Schedule I or II, or an analog thereof, which
9 substance is not included under subsection (d) of this
10 Section, is guilty of a Class 3 felony. The fine for
11 violation of this subsection (e) shall not be more than
12 $150,000.
13 (f) Any person who violates this Section with regard to
14 any other amount of a controlled or counterfeit substance
15 classified in Schedule III is guilty of a Class 3 felony. The
16 fine for violation of this subsection (f) shall not be more
17 than $125,000.
18 (g) Any person who violates this Section with regard to
19 any other amount of a controlled or counterfeit substance
20 classified in Schedule IV is guilty of a Class 3 felony. The
21 fine for violation of this subsection (g) shall not be more
22 than $100,000.
23 (h) Any person who violates this Section with regard to
24 any other amount of a controlled or counterfeit substance
25 classified in Schedule V is guilty of a Class 3 felony. The
26 fine for violation of this subsection (h) shall not be more
27 than $75,000.
28 (i) This Section does not apply to the manufacture,
29 possession or distribution of a substance in conformance with
30 the provisions of an approved new drug application or an
31 exemption for investigational use within the meaning of
32 Section 505 of the Federal Food, Drug and Cosmetic Act.
33 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
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1 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
2 Sec. 402. Except as otherwise authorized by this Act, it
3 is unlawful for any person knowingly to possess a controlled
4 or counterfeit substance. A violation of this Act with
5 respect to each of the controlled substances listed herein
6 constitutes a single and separate violation of this Act.
7 (a) Any person who violates this Section with respect to
8 the following controlled or counterfeit substances and
9 amounts, notwithstanding any of the provisions of subsection
10 (c) and (d) to the contrary, is guilty of a Class 1 felony
11 and shall, if sentenced to a term of imprisonment, be
12 sentenced as provided in this subsection (a) and fined as
13 provided in subsection (b):
14 (1) (A) not less than 4 years and not more than 15
15 years with respect to 15 grams or more but less than
16 100 grams of a substance containing heroin;
17 (B) not less than 6 years and not more than 30
18 years with respect to 100 grams or more but less
19 than 400 grams of a substance containing heroin;
20 (C) not less than 8 years and not more than 40
21 years with respect to 400 grams or more but less
22 than 900 grams of any substance containing heroin;
23 (D) not less than 10 years and not more than
24 50 years with respect to 900 grams or more of any
25 substance containing heroin;
26 (2) (A) not less than 4 years and not more than 15
27 years with respect to 15 grams or more but less than
28 100 grams of any substance containing cocaine;
29 (B) not less than 6 years and not more than 30
30 years with respect to 100 grams or more but less
31 than 400 grams of any substance containing cocaine;
32 (C) not less than 8 years and not more than 40
33 years with respect to 400 grams or more but less
34 than 900 grams of any substance containing cocaine;
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1 (D) not less than 10 years and not more than
2 50 years with respect to 900 grams or more of any
3 substance containing cocaine;
4 (3) (A) not less than 4 years and not more than 15
5 years with respect to 15 grams or more but less than
6 100 grams of any substance containing morphine;
7 (B) not less than 6 years and not more than 30
8 years with respect to 100 grams or more but less
9 than 400 grams of any substance containing morphine;
10 (C) not less than 8 years and not more than 40
11 years with respect to 400 grams or more but less
12 than 900 grams of any substance containing morphine;
13 (D) not less than 10 years and not more than
14 50 years with respect to 900 grams or more of any
15 substance containing morphine;
16 (4) 200 grams or more of any substance containing
17 peyote;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid;
21 (6) 200 grams or more of any substance containing
22 amphetamine or methamphetamine or any salt of an optical
23 isomer of amphetamine or methamphetamine;
24 (6.5) (A) not less than 4 years and not more than
25 15 years with respect to 15 grams or more but less than
26 100 grams of a substance containing methamphetamine or
27 any salt of an optical isomer of methamphetamine;
28 (B) not less than 6 years and not more than 30
29 years with respect to 100 grams or more but less
30 than 400 grams of a substance containing
31 methamphetamine or any salt of an optical isomer of
32 methamphetamine;
33 (C) not less than 6 years and not more than 40
34 years with respect to 400 grams or more but less
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1 than 900 grams of a substance containing
2 methamphetamine or any salt of an optical isomer of
3 methamphetamine;
4 (D) not less than 6 years and not more than 50
5 years with respect to 900 grams or more of any
6 substance containing methamphetamine or any salt of
7 an optical isomer of methamphetamine;
8 (7) (A) not less than 4 years and not more than 15
9 years with respect to: (i) 15 grams or more but less
10 than 100 grams of any substance containing lysergic
11 acid diethylamide (LSD), or an analog thereof, or
12 (ii) 15 or more objects or 15 or more segregated
13 parts of an object or objects but less than 200
14 objects or 200 segregated parts of an object or
15 objects containing in them or having upon them any
16 amount of any substance containing lysergic acid
17 diethylamide (LSD), or an analog thereof;
18 (B) not less than 6 years and not more than 30
19 years with respect to: (i) 100 grams or more but
20 less than 400 grams of any substance containing
21 lysergic acid diethylamide (LSD), or an analog
22 thereof, or (ii) 200 or more objects or 200 or more
23 segregated parts of an object or objects but less
24 than 600 objects or less than 600 segregated parts
25 of an object or objects containing in them or having
26 upon them any amount of any substance containing
27 lysergic acid diethylamide (LSD), or an analog
28 thereof;
29 (C) not less than 8 years and not more than 40
30 years with respect to: (i) 400 grams or more but
31 less than 900 grams of any substance containing
32 lysergic acid diethylamide (LSD), or an analog
33 thereof, or (ii) 600 or more objects or 600 or more
34 segregated parts of an object or objects but less
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1 than 1500 objects or 1500 segregated parts of an
2 object or objects containing in them or having upon
3 them any amount of any substance containing lysergic
4 acid diethylamide (LSD), or an analog thereof;
5 (D) not less than 10 years and not more than
6 50 years with respect to: (i) 900 grams or more of
7 any substance containing lysergic acid diethylamide
8 (LSD), or an analog thereof, or (ii) 1500 or more
9 objects or 1500 or more segregated parts of an
10 object or objects containing in them or having upon
11 them any amount of a substance containing lysergic
12 acid diethylamide (LSD), or an analog thereof;
13 (8) 30 grams or more of any substance containing
14 pentazocine or any of the salts, isomers and salts of
15 isomers of pentazocine, or an analog thereof;
16 (9) 30 grams or more of any substance containing
17 methaqualone or any of the salts, isomers and salts of
18 isomers of methaqualone;
19 (10) 30 grams or more of any substance containing
20 phencyclidine or any of the salts, isomers and salts of
21 isomers of phencyclidine (PCP);
22 (10.5) 30 grams or more of any substance containing
23 ketamine or any of the salts, isomers and salts of
24 isomers of ketamine;
25 (11) 200 grams or more of any substance containing
26 any substance classified as a narcotic drug in Schedules
27 I or II which is not otherwise included in this
28 subsection.
29 (b) Any person sentenced with respect to violations of
30 paragraph (1), (2), (3) or (7) of subsection (a) involving
31 100 grams or more of the controlled substance named therein,
32 may in addition to the penalties provided therein, be fined
33 an amount not to exceed $200,000 or the full street value of
34 the controlled or counterfeit substances, whichever is
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1 greater. The term "street value" shall have the meaning
2 ascribed in Section 110-5 of the Code of Criminal Procedure
3 of 1963. Any person sentenced with respect to any other
4 provision of subsection (a), may in addition to the penalties
5 provided therein, be fined an amount not to exceed $200,000.
6 (c) Any person who violates this Section with regard to
7 an amount of a controlled or counterfeit substance not set
8 forth in subsection (a) or (d) is guilty of a Class 4 felony.
9 The fine for a violation punishable under this subsection (c)
10 shall not be more than $25,000.
11 (d) Any person who violates this Section with regard to
12 any amount of anabolic steroid is guilty of a Class C
13 misdemeanor for the first offense and a Class B misdemeanor
14 for a subsequent offense committed within 2 years of a prior
15 conviction.
16 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
17 90-384, eff. 1-1-98; revised 11-13-97.)