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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. LRB9010110RCmg HB3170 Engrossed LRB9010110RCmg 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 HB3170 Engrossed -2- LRB9010110RCmg 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; HB3170 Engrossed -3- LRB9010110RCmg 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 amphetamineor methamphetamineor any salt of an optical 23 isomer of amphetamineor 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; HB3170 Engrossed -4- LRB9010110RCmg 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 HB3170 Engrossed -5- LRB9010110RCmg 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) HB3170 Engrossed -6- LRB9010110RCmg 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 amphetamineor methamphetamineor 32 any salt of an optical isomer of amphetamineor33methamphetamine, or an analog thereof; 34 (6.5) 5 grams or more but less than 15 grams of any HB3170 Engrossed -7- LRB9010110RCmg 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.) HB3170 Engrossed -9- LRB9010110RCmg 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; HB3170 Engrossed -10- LRB9010110RCmg 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 amphetamineor methamphetamineor any salt of an optical 23 isomer of amphetamineor 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 HB3170 Engrossed -11- LRB9010110RCmg 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 HB3170 Engrossed -12- LRB9010110RCmg 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 HB3170 Engrossed -13- LRB9010110RCmg 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.)