State of Illinois
92nd General Assembly
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92_HB0867

 
                                               LRB9206339RCcd

 1        AN ACT in relation to controlled substances.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Sections 9-3.3 and 12-4.7 as follows:

 6        (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
 7        Sec. 9-3.3.  Drug-induced homicide.
 8        (a)  A  person  who violates subsection (a) or subsection
 9    (c) of Section 401 of the Illinois Controlled Substances  Act
10    by  unlawfully  delivering a controlled substance to another,
11    and any person dies as a result of the injection,  inhalation
12    or  ingestion  of  any  amount  of that controlled substance,
13    commits the offense of drug-induced homicide.
14        (b)  Sentence.   Drug-induced  homicide  is  a  Class   X
15    felony.
16        (c)  A   person  who  commits  drug-induced  homicide  by
17    violating subsection (a) or subsection (c) of Section 401  of
18    the  Illinois  Controlled  Substances  Act  commits a Class X
19    felony for  which  the  defendant  shall  in  addition  to  a
20    sentence  authorized  by  law,  be  sentenced  to  a  term of
21    imprisonment of not less than 15 years and not more  than  30
22    years  or  an extended term of not less than 30 years and not
23    more than 60 years.
24    (Source: P.A. 91-357, eff. 7-29-99.)

25        (720 ILCS 5/12-4.7) (from Ch. 38, par. 12-4.7)
26        Sec. 12-4.7.  Drug induced  infliction  of  great  bodily
27    harm.
28        (a)  Any person who violates subsection (a) or subsection
29    (c)  of Section 401 of the Illinois Controlled Substances Act
30    by unlawfully delivering a controlled  substance  to  another
 
                            -2-                LRB9206339RCcd
 1    commits  the  offense  of  drug  induced  infliction of great
 2    bodily harm if any person experiences great  bodily  harm  or
 3    permanent disability as a result of the injection, inhalation
 4    or ingestion of any amount of that controlled substance.
 5        (b)  Drug  induced  infliction  of great bodily harm is a
 6    Class 1 felony.
 7    (Source: P.A. 86-1459; 87-435; 87-1198.)

 8        Section 10.  The Illinois Controlled  Substances  Act  is
 9    amended by changing Sections 401 and 402 as follows:

10        (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
11        Sec.  401.  Except  as  authorized  by  this  Act,  it is
12    unlawful for any person  knowingly  to:  (i)  manufacture  or
13    deliver,  or possess with intent to manufacture or deliver, a
14    controlled or counterfeit substance or  controlled  substance
15    analog  or  (ii)  possess  any  methamphetamine manufacturing
16    chemical listed in paragraph (z-1) of Section  102  with  the
17    intent  to  manufacture  methamphetamine  or  the  salt of an
18    optical isomer of methamphetamine or  an  analog  thereof.  A
19    violation  of this Act with respect to each of the controlled
20    substances listed herein constitutes a  single  and  separate
21    violation  of  this  Act.   For  purposes  of  this  Section,
22    "controlled  substance  analog" or "analog" means a substance
23    which  is  intended  for  human  consumption,  other  than  a
24    controlled  substance,  that   has   a   chemical   structure
25    substantially  similar  to  that of a controlled substance in
26    Schedule I or  II,  or  that  was  specifically  designed  to
27    produce   an  effect  substantially  similar  to  that  of  a
28    controlled substance  in  Schedule  I  or  II.   Examples  of
29    chemical  classes  in  which controlled substance analogs are
30    found  include,  but  are  not  limited  to,  the  following:
31    phenethylamines,   N-substituted   piperidines,   morphinans,
32    ecgonines,   quinazolinones,   substituted    indoles,    and
 
                            -3-                LRB9206339RCcd
 1    arylcycloalkylamines.  For purposes of this Act, a controlled
 2    substance  analog  shall be treated in the same manner as the
 3    controlled substance to which it is substantially similar.
 4        (a)  Any person who violates this Section with respect to
 5    the following amounts of controlled or counterfeit substances
 6    or controlled substance analogs, notwithstanding any  of  the
 7    provisions  of  subsections (c), (c-5), (d), (d-5), (e), (f),
 8    (g) or (h) to the contrary, is guilty of a Class X felony and
 9    shall be sentenced to a term of imprisonment as  provided  in
10    this subsection (a) and fined as provided in subsection (b):
11             (1) (A)  not  less than 6 years and not more than 30
12             years with respect to 15 grams or more but less than
13             100 grams of a substance containing  heroin,  or  an
14             analog thereof;
15                  (B)  not less than 9 years and not more than 40
16             years  with  respect  to  100 grams or more but less
17             than 400 grams of a substance containing heroin,  or
18             an analog thereof;
19                  (C)  not  less  than 12 years and not more than
20             50 years with respect to 400 grams or more but  less
21             than  900 grams of a substance containing heroin, or
22             an analog thereof;
23                  (D)  not less than 15 years and not  more  than
24             60  years  with  respect to 900 grams or more of any
25             substance containing heroin, or an analog thereof;

26             (2) (A)  not less than 6 years and not more than  30
27             years with respect to 15 grams or more but less than
28             100  grams  of a substance containing cocaine, or an
29             analog thereof;
30                  (B)  not less than 9 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 cocaine, or
33             an analog thereof;
34                  (C)  not  less  than 12 years and not more than
 
                            -4-                LRB9206339RCcd
 1             50 years with respect to 400 grams or more but  less
 2             than 900 grams of a substance containing cocaine, or
 3             an analog thereof;
 4                  (D)  not  less  than 15 years and not more than
 5             60 years with respect to 900 grams or  more  of  any
 6             substance containing cocaine, or an analog thereof;

 7             (3) (A)  not  less than 6 years and not more than 30
 8             years with respect to 15 grams or more but less than
 9             100 grams of a substance containing morphine, or  an
10             analog thereof;
11                  (B)  not less than 9 years and not more than 40
12             years  with  respect  to  100 grams or more but less
13             than 400 grams of a substance  containing  morphine,
14             or an analog thereof;
15                  (C)  not  less  than 12 years and not more than
16             50 years with respect to 400 grams or more but  less
17             than  900  grams of a substance containing morphine,
18             or an analog thereof;
19                  (D)  not less than 15 years and not  more  than
20             60  years  with  respect  to  900 grams or more of a
21             substance containing morphine, or an analog thereof;
22             (4)  200 grams or more of any  substance  containing
23        peyote, or an analog thereof;
24             (5)  200 grams or more of any substance containing a
25        derivative  of  barbituric  acid or any of the salts of a
26        derivative of barbituric acid, or an analog thereof;
27             (6)  200 grams or more of any  substance  containing
28        amphetamine   or   any  salt  of  an  optical  isomer  of
29        amphetamine, or an analog thereof;
30             (6.5) (A)  not less than 6 years and not  more  than
31             30  years  with respect to 15 grams or more but less
32             than   100   grams   of   a   substance   containing
33             methamphetamine or any salt of an optical isomer  of
34             methamphetamine, or an analog thereof;
 
                            -5-                LRB9206339RCcd
 1                  (B)  not less than 9 years and not more than 40
 2             years  with  respect  to  100 grams or more but less
 3             than   400   grams   of   a   substance   containing
 4             methamphetamine or any salt of an optical isomer  of
 5             methamphetamine, or an analog thereof;
 6                  (C)  not  less  than 12 years and not more than
 7             50 years with respect to 400 grams or more but  less
 8             than   900   grams   of   a   substance   containing
 9             methamphetamine  or any salt of an optical isomer of
10             methamphetamine, or an analog thereof;
11                  (D)  not less than 15 years and not  more  than
12             60  years  with  respect to 900 grams or more of any
13             substance containing methamphetamine or any salt  of
14             an  optical  isomer of methamphetamine, or an analog
15             thereof.
16             (6.6) (A)  not less than 6 years and not  more  than
17             30  years  for the possession of any methamphetamine
18             manufacturing chemical set forth in paragraph  (z-1)
19             of  Section  102 with intent to manufacture 30 grams
20             or more but less than 150  grams  of  any  substance
21             containing  methamphetamine,  or salt of any optical
22             isomer of methamphetamine, or an analog thereof;
23                  (B)  not less than 6 years and not more than 40
24             years for  the  possession  of  any  methamphetamine
25             manufacturing  chemical set forth in paragraph (z-1)
26             of Section 102 with intent to manufacture 150  grams
27             or  more  but  less  than 500 grams of any substance
28             containing methamphetamine, or salt  of  an  optical
29             isomer of methamphetamine, or an analog thereof;
30                  (C)  not less than 6 years and not more than 50
31             years  for  the  possession  of  any methamphetamine
32             manufacturing chemical set forth in paragraph  (z-1)
33             of  Section 102 with intent to manufacture 500 grams
34             or more but less than 1200 grams  of  any  substance
 
                            -6-                LRB9206339RCcd
 1             containing  methamphetamine,  or  salt of an optical
 2             isomer of methamphetamine, or an analog thereof;
 3                  (D)  not less than 6 years and not more than 60
 4             years for  the  possession  of  any  methamphetamine
 5             manufacturing  chemical set forth in paragraph (z-1)
 6             of Section 102 with intent to manufacture 1200 grams
 7             or more of any substance containing methamphetamine,
 8             or salt of an optical isomer of methamphetamine,  or
 9             an analog thereof;
10             (7) (A)  not  less than 6 years and not more than 30
11             years with respect to: (i) 15 grams or more but less
12             than 100 grams of a  substance  containing  lysergic
13             acid  diethylamide  (LSD),  or an analog thereof, or
14             (ii) 15 or more objects or  15  or  more  segregated
15             parts  of  an  object  or  objects but less than 200
16             objects or 200 segregated  parts  of  an  object  or
17             objects  containing  in them or having upon them any
18             amounts of any substance  containing  lysergic  acid
19             diethylamide (LSD), or an analog thereof;
20                  (B)  not less than 9 years and not more than 40
21             years  with  respect  to:  (i) 100 grams or more but
22             less  than  400  grams  of  a  substance  containing
23             lysergic  acid  diethylamide  (LSD),  or  an  analog
24             thereof, or (ii) 200 or more objects or 200 or  more
25             segregated  parts  of  an object or objects but less
26             than 600 objects or less than 600  segregated  parts
27             of an object or objects containing in them or having
28             upon  them  any  amount  of any substance containing
29             lysergic  acid  diethylamide  (LSD),  or  an  analog
30             thereof;
31                  (C)  not less than 12 years and not  more  than
32             50  years with respect to: (i) 400 grams or more but
33             less  than  900  grams  of  a  substance  containing
34             lysergic  acid  diethylamide  (LSD),  or  an  analog
 
                            -7-                LRB9206339RCcd
 1             thereof, or (ii) 600 or more objects or 600 or  more
 2             segregated  parts  of  an object or objects but less
 3             than 1500 objects or 1500  segregated  parts  of  an
 4             object  or objects containing in them or having upon
 5             them any amount of any substance containing lysergic
 6             acid diethylamide (LSD), or an analog thereof;
 7                  (D)  not less than 15 years and not  more  than
 8             60  years  with respect to: (i) 900 grams or more of
 9             any substance containing lysergic acid  diethylamide
10             (LSD),  or  an  analog thereof, or (ii) 1500 or more
11             objects or 1500  or  more  segregated  parts  of  an
12             object  or objects containing in them or having upon
13             them any amount of a substance  containing  lysergic
14             acid diethylamide (LSD), or an analog thereof;
15             (7.5) (A) not less than 6 years and not more than 30
16             years with respect to: (i) 15 grams or more but less
17             than  100  grams  of a substance listed in paragraph
18             (1), (2), (2.1), (3), (14.1),  (19),  (20),  (20.1),
19             (21),  (25),  or  (26)  of subsection (d) of Section
20             204, or an analog or derivative thereof, or (ii)  15
21             or   more  pills,  tablets,  caplets,  capsules,  or
22             objects but less than 200 pills,  tablets,  caplets,
23             capsules,  or  objects  containing in them or having
24             upon them any amounts of  any  substance  listed  in
25             paragraph  (1), (2), (2.1), (3), (14.1), (19), (20),
26             (20.1), (21), (25), or (26)  of  subsection  (d)  of
27             Section 204, or an analog or derivative thereof;
28                  (B)  not less than 9 years and not more than 40
29             years  with  respect  to:  (i) 100 grams or more but
30             less  than  400  grams  of  a  substance  listed  in
31             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
32             (20.1),  (21),  (25),  or  (26) of subsection (d) of
33             Section 204, or an analog or derivative thereof,  or
34             (ii)  200 or more pills, tablets, caplets, capsules,
 
                            -8-                LRB9206339RCcd
 1             or  objects  but  less  than  600  pills,   tablets,
 2             caplets,  capsules, or objects containing in them or
 3             having upon them any amount of any substance  listed
 4             in  paragraph  (1),  (2),  (2.1), (3), (14.1), (19),
 5             (20), (20.1), (21), (25), or (26) of subsection  (d)
 6             of Section 204, or an analog or derivative thereof;
 7                  (C) not less than 12 years and not more than 50
 8             years  with  respect  to:  (i) 400 grams or more but
 9             less  than  900  grams  of  a  substance  listed  in
10             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
11             (20.1),  (21),  (25),  or  (26) of subsection (d) of
12             Section 204,  or an analog or derivative thereof, or
13             (ii) 600 or more pills, tablets, caplets,  capsules,
14             or  objects  but  less  than  1,500  pills, tablets,
15             caplets, capsules, or objects containing in them  or
16             having  upon them any amount of any substance listed
17             in paragraph (1), (2),  (2.1),  (3),  (14.1),  (19),
18             (20),  (20.1), (21), (25), or (26) of subsection (d)
19             of Section 204, or an analog or derivative thereof;
20                  (D) not less than 15 years and not more than 60
21             years with respect to: (i) 900 grams or more of  any
22             substance  listed in paragraph (1), (2), (2.1), (3),
23             (14.1), (19), (20), (20.1), (21), (25), or  (26)  of
24             subsection  (d)  of  Section  204,  or  an analog or
25             derivative thereof, or (ii)  1,500  or  more  pills,
26             tablets, caplets, capsules, or objects containing in
27             them  or  having upon them any amount of a substance
28             listed in paragraph (1), (2),  (2.1),  (3),  (14.1),
29             (19),   (20),   (20.1),   (21),  (25),  or  (26)  of
30             subsection (d) of  Section  204,  or  an  analog  or
31             derivative thereof;
32             (8)  30  grams  or  more of any substance containing
33        pentazocine or any of the salts,  isomers  and  salts  of
34        isomers of pentazocine, or an analog thereof;
 
                            -9-                LRB9206339RCcd
 1             (9)  30  grams  or  more of any substance containing
 2        methaqualone or any of the salts, isomers  and  salts  of
 3        isomers of methaqualone, or an analog thereof;
 4             (10)  30   grams   or   more   of    any   substance
 5        containing  phencyclidine or any of the  salts,   isomers
 6        and   salts  of  isomers  of phencyclidine  (PCP),  or an
 7        analog  thereof;
 8             (10.5)  30 grams or more of any substance containing
 9        ketamine or any  of  the  salts,  isomers  and  salts  of
10        isomers of ketamine, or an analog thereof;
11             (11)  200  grams or more of any substance containing
12        any other controlled substance classified in Schedules  I
13        or  II,  or  an  analog  thereof,  which is not otherwise
14        included in this subsection.
15        (b)  Any person sentenced with respect to  violations  of
16    paragraph  (1),  (2),  (3), (6.5), (6.6), or (7), or (7.5) of
17    subsection (a) involving 100 grams or more of the  controlled
18    substance  named  therein,  may  in addition to the penalties
19    provided therein, be fined an amount not more  than  $500,000
20    or  the  full  street  value of the controlled or counterfeit
21    substance  or  controlled  substance  analog,  whichever   is
22    greater.   The  term  "street  value"  shall have the meaning
23    ascribed in Section 110-5 of the Code of  Criminal  Procedure
24    of  1963.   Any  person  sentenced  with respect to any other
25    provision of subsection (a), may in addition to the penalties
26    provided therein, be fined an amount not to exceed $500,000.
27        (c)  Any person who violates this Section with regard  to
28    the following amounts of controlled or counterfeit substances
29    or  controlled  substance analogs, notwithstanding any of the
30    provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
31    to the contrary, is guilty of a Class 1 felony.  The fine for
32    violation of this subsection  (c)  shall  not  be  more  than
33    $250,000:
34             (1)  10  or more grams but less than 15 grams of any
 
                            -10-               LRB9206339RCcd
 1        substance containing heroin, or an analog thereof;
 2             (2)  1 gram or more but less than 15  grams  of  any
 3        substance containing cocaine, or an analog thereof;
 4             (3)  10  grams or more but less than 15 grams of any
 5        substance containing morphine, or an analog thereof;
 6             (4)  50 grams or more but less than 200 grams of any
 7        substance containing peyote, or an analog thereof;
 8             (5)  50 grams or more but less than 200 grams of any
 9        substance containing a derivative of barbituric  acid  or
10        any  of  the salts of a derivative of barbituric acid, or
11        an analog thereof;
12             (6)  50 grams or more but less than 200 grams of any
13        substance  containing  amphetamine  or  any  salt  of  an
14        optical isomer of amphetamine, or an analog thereof;
15             (6.5)  5 grams or more but less than 15 grams of any
16        substance  containing  methamphetamine  or  any  salt  or
17        optical isomer of methamphetamine, or an analog thereof;
18             (7)  (i) 5 grams or more but less than 15  grams  of
19        any   substance  containing  lysergic  acid  diethylamide
20        (LSD), or an analog thereof, or (ii) more than 10 objects
21        or more than 10 segregated parts of an object or  objects
22        but less than 15 objects or less than 15 segregated parts
23        of  an  object containing in them or having upon them any
24        amount  of  any  substance   containing   lysergic   acid
25        diethylamide (LSD), or an analog thereof;
26             (7.5) (i)  5 grams or more but less than 15 grams of
27        any substance listed in paragraph (1), (2),  (2.1),  (3),
28        (14.1),  (19),  (20),  (20.1),  (21),  (25),  or  (26) of
29        subsection (d) of Section 204, or an analog or derivative
30        thereof, or (ii) more than 10  pills,  tablets,  caplets,
31        capsules,  or  objects  but  less than 15 pills, tablets,
32        caplets, capsules,  or  objects  containing  in  them  or
33        having  upon  them  any amount of any substance listed in
34        paragraph (1),  (2),  (2.1),  (3),  (14.1),  (19),  (20),
 
                            -11-               LRB9206339RCcd
 1        (20.1),  (21), (25), or (26) of subsection (d) of Section
 2        204, or an analog or derivative thereof;
 3             (8)  10 grams or more but less than 30 grams of  any
 4        substance  containing  pentazocine  or  any of the salts,
 5        isomers and salts of isomers of pentazocine, or an analog
 6        thereof;
 7             (9)  10 grams or more but less than 30 grams of  any
 8        substance  containing  methaqualone  or any of the salts,
 9        isomers and salts  of  isomers  of  methaqualone,  or  an
10        analog thereof;
11             (10)  10 grams or more but less than 30 grams of any
12        substance  containing  phencyclidine or any of the salts,
13        isomers and salts of isomers of phencyclidine  (PCP),  or
14        an analog thereof;
15             (10.5)  10  grams  or more but less than 30 grams of
16        any substance containing ketamine or any  of  the  salts,
17        isomers  and  salts  of isomers of ketamine, or an analog
18        thereof;
19             (11)  50 grams or more but less than  200  grams  of
20        any   substance  containing  a  substance  classified  in
21        Schedules I or II, or an analog  thereof,  which  is  not
22        otherwise included in this subsection.
23        (c-5)  Any  person  who violates this Section with regard
24    to possession of any methamphetamine  manufacturing  chemical
25    set  forth  in  paragraph (z-1) of Section 102 with intent to
26    manufacture 15 grams or  more  but  less  than  30  grams  of
27    methamphetamine,   or   salt   of   an   optical   isomer  of
28    methamphetamine or any analog thereof, is guilty of a Class 1
29    felony.  The fine for  violation  of  this  subsection  (c-5)
30    shall not be more than $250,000.
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, (ii) lysergic acid diethylamide (LSD)
 
                            -12-               LRB9206339RCcd
 1    or an analog  thereof,  or  (iii)  any  substance  containing
 2    amphetamine  or methamphetamine or any salt or optical isomer
 3    of amphetamine or methamphetamine, or an analog  thereof,  is
 4    guilty  of  a  Class 2 felony. The fine for violation of this
 5    subsection (d) shall not be more than $200,000.
 6        (d-5)  Any person who violates this Section  with  regard
 7    to  possession  of any methamphetamine manufacturing chemical
 8    set forth in paragraph (z-1) of Section 102  with  intent  to
 9    manufacture less than 15 grams of methamphetamine, or salt of
10    an  optical  isomer of methamphetamine or any analog thereof,
11    is guilty of a Class 2 felony.  The  fine  for  violation  of
12    this subsection (d-5) shall not be more than $200,000.
13        (e)  Any  person who violates this Section with regard to
14    any other amount of a  controlled  or  counterfeit  substance
15    classified  in  Schedule I or II, or an analog thereof, which
16    substance is  not  included  under  subsection  (d)  of  this
17    Section,  is  guilty  of  a  Class  3  felony.  The  fine for
18    violation of this subsection  (e)  shall  not  be  more  than
19    $150,000.
20        (f)  Any  person who violates this Section with regard to
21    any other amount of a  controlled  or  counterfeit  substance
22    classified in Schedule III is guilty of a Class 3 felony. The
23    fine  for  violation of this subsection (f) shall not be more
24    than $125,000.
25        (g)  Any person who violates this Section with regard  to
26    any  other  amount  of  a controlled or counterfeit substance
27    classified in Schedule IV is guilty of a Class 3 felony.  The
28    fine  for  violation of this subsection (g) shall not be more
29    than $100,000.
30        (h)  Any person who violates this Section with regard  to
31    any  other  amount  of  a controlled or counterfeit substance
32    classified in Schedule V is guilty of a Class 3  felony.  The
33    fine  for  violation of this subsection (h) shall not be more
34    than $75,000.
 
                            -13-               LRB9206339RCcd
 1        (i)  This Section does  not  apply  to  the  manufacture,
 2    possession or distribution of a substance in conformance with
 3    the  provisions  of  an  approved  new drug application or an
 4    exemption for  investigational  use  within  the  meaning  of
 5    Section 505 of the Federal Food, Drug and Cosmetic Act.
 6    (Source:  P.A.  90-382,  eff.  8-15-97; 90-593, eff. 6-19-98;
 7    90-674,  eff.  1-1-99;  91-336,  eff.  1-1-00;  91-357,  eff.
 8    7-29-99; 91-403, eff. 1-1-00; revised 8-30-99.)

 9        (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
10        Sec. 402.  Except as otherwise authorized by this Act, it
11    is unlawful for any person knowingly to possess a  controlled
12    or  counterfeit  substance.  A  violation  of  this  Act with
13    respect to each of the controlled  substances  listed  herein
14    constitutes a single and separate violation of this Act.
15        (a)  Any person who violates this Section with respect to
16    the   following  controlled  or  counterfeit  substances  and
17    amounts, notwithstanding any of the provisions of subsections
18    (c) and (d) to the contrary, is guilty of a  Class  1  felony
19    and  shall,  if  sentenced  to  a  term  of  imprisonment, be
20    sentenced as provided in this subsection  (a)  and  fined  as
21    provided in subsection (b):
22             (1) (A)  not  less than 4 years and not more than 15
23             years with respect to 15 grams or more but less than
24             100 grams of a substance containing heroin;
25                  (B)  not less than 6 years and not more than 30
26             years with respect to 100 grams  or  more  but  less
27             than 400 grams of a substance containing heroin;
28                  (C)  not less than 8 years and not more than 40
29             years  with  respect  to  400 grams or more but less
30             than 900 grams of any substance containing heroin;
31                  (D)  not less than 10 years and not  more  than
32             50  years  with  respect to 900 grams or more of any
33             substance containing heroin;
 
                            -14-               LRB9206339RCcd
 1             (2) (A)  not less than 4 years and not more than  15
 2             years with respect to 15 grams or more but less than
 3             100 grams of any substance containing cocaine;
 4                  (B)  not less than 6 years and not more than 30
 5             years  with  respect  to  100 grams or more but less
 6             than 400 grams of any substance containing cocaine;
 7                  (C)  not less than 8 years and not more than 40
 8             years with respect to 400 grams  or  more  but  less
 9             than 900 grams of any substance containing cocaine;
10                  (D)  not  less  than 10 years and not more than
11             50 years with respect to 900 grams or  more  of  any
12             substance containing cocaine;

13             (3) (A)  not  less than 4 years and not more than 15
14             years with respect to 15 grams or more but less than
15             100 grams of any substance containing morphine;
16                  (B)  not less than 6 years and not more than 30
17             years with respect to 100 grams  or  more  but  less
18             than 400 grams of any substance containing morphine;
19                  (C)  not less than 6 years and not more than 40
20             years  with  respect  to  400 grams or more but less
21             than 900 grams of any substance containing morphine;
22                  (D)  not less than 10 years and not  more  than
23             50  years  with  respect to 900 grams or more of any
24             substance containing morphine;
25             (4)  200 grams or more of any  substance  containing
26        peyote;
27             (5)  200 grams or more of any substance containing a
28        derivative  of  barbituric  acid or any of the salts of a
29        derivative of barbituric acid;
30             (6)  200 grams or more of any  substance  containing
31        amphetamine   or   any  salt  of  an  optical  isomer  of
32        amphetamine;
33             (6.5)  (A)  not less than 4 years and not more  than
34             15  years  with respect to 15 grams or more but less
 
                            -15-               LRB9206339RCcd
 1             than   100   grams   of   a   substance   containing
 2             methamphetamine or any salt of an optical isomer  of
 3             methamphetamine;
 4                  (B)  not less than 6 years and not more than 30
 5             years  with  respect  to  100 grams or more but less
 6             than   400   grams   of   a   substance   containing
 7             methamphetamine or any salt of an optical isomer  of
 8             methamphetamine;
 9                  (C)  not less than 8 years and not more than 40
10             years  with  respect  to  400 grams or more but less
11             than   900   grams   of   a   substance   containing
12             methamphetamine or any salt of an optical isomer  of
13             methamphetamine;
14                  (D)  not  less  than 10 years and not more than
15             50 years with respect to 900 grams or  more  of  any
16             substance  containing methamphetamine or any salt of
17             an optical isomer of methamphetamine;
18             (7) (A)  not less than 4 years and not more than  15
19             years with respect to: (i) 15 grams or more but less
20             than  100 grams of any substance containing lysergic
21             acid diethylamide (LSD), or an  analog  thereof,  or
22             (ii)  15  or  more  objects or 15 or more segregated
23             parts of an object or  objects  but  less  than  200
24             objects  or  200  segregated  parts  of an object or
25             objects containing in them or having upon  them  any
26             amount  of  any  substance  containing lysergic acid
27             diethylamide (LSD), or an analog thereof;
28                  (B)  not less than 6 years and not more than 30
29             years with respect to: (i) 100  grams  or  more  but
30             less  than  400  grams  of  any substance containing
31             lysergic  acid  diethylamide  (LSD),  or  an  analog
32             thereof, or (ii) 200 or more objects or 200 or  more
33             segregated  parts  of  an object or objects but less
34             than 600 objects or less than 600  segregated  parts
 
                            -16-               LRB9206339RCcd
 1             of an object or objects containing in them or having
 2             upon  them  any  amount  of any substance containing
 3             lysergic  acid  diethylamide  (LSD),  or  an  analog
 4             thereof;
 5                  (C)  not less than 8 years and not more than 40
 6             years with respect to:  (i) 400 grams  or  more  but
 7             less  than  900  grams  of  any substance containing
 8             lysergic  acid  diethylamide  (LSD),  or  an  analog
 9             thereof, or (ii) 600 or more objects or 600 or  more
10             segregated  parts  of  an object or objects but less
11             than 1500 objects or 1500  segregated  parts  of  an
12             object  or objects containing in them or having upon
13             them any amount of any substance containing lysergic
14             acid diethylamide (LSD), or an analog thereof;
15                  (D)  not less than 10 years and not  more  than
16             50  years with respect to:  (i) 900 grams or more of
17             any substance containing lysergic acid  diethylamide
18             (LSD),  or  an  analog thereof, or (ii) 1500 or more
19             objects or 1500  or  more  segregated  parts  of  an
20             object  or objects containing in them or having upon
21             them any amount of a substance  containing  lysergic
22             acid diethylamide (LSD), or an analog thereof;
23             (7.5) (A) not less than 4 years and not more than 15
24             years with respect to: (i) 15 grams or more but less
25             than  100 grams of any substance listed in paragraph
26             (1), (2), (2.1), (3), (14.1),  (19),  (20),  (20.1),
27             (21),  (25),  or  (26)  of subsection (d) of Section
28             204, or an analog or derivative thereof, or (ii)  15
29             or   more  pills,  tablets,  caplets,  capsules,  or
30             objects but less than 200 pills,  tablets,  caplets,
31             capsules,  or  objects  containing in them or having
32             upon them any amount  of  any  substance  listed  in
33             paragraph  (1), (2), (2.1), (3), (14.1), (19), (20),
34             (20.1), (21), (25), or (26)  of  subsection  (d)  of
 
                            -17-               LRB9206339RCcd
 1             Section 204, or an analog or derivative thereof;
 2                  (B)  not less than 6 years and not more than 30
 3             years with respect to: (i) 100  grams  or  more  but
 4             less  than  400  grams  of  any  substance listed in
 5             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
 6             (20.1),  (21),  (25),  or  (26) of subsection (d) of
 7             Section 204, or an analog or derivative thereof,  or
 8             (ii)  200 or more pills, tablets, caplets, capsules,
 9             or  objects  but  less  than  600  pills,   tablets,
10             caplets,  capsules, or objects containing in them or
11             having upon them any amount of any substance  listed
12             in  paragraph  (1),  (2),  (2.1), (3), (14.1), (19),
13             (20), (20.1), (21), (25), or (26) of subsection  (d)
14             of Section 204, or an analog or derivative thereof;
15                  (C)  not less than 8 years and not more than 40
16             years with respect to: (i) 400  grams  or  more  but
17             less  than  900  grams  of  any  substance listed in
18             paragraph (1), (2), (2.1), (3), (14.1), (19),  (20),
19             (20.1),  (21),  (25),  or  (26) of subsection (d) of
20             Section 204, or an analog or derivative thereof,  or
21             (ii)  600 or more pills, tablets, caplets, capsules,
22             or objects  but  less  than  1,500  pills,  tablets,
23             caplets,  capsules, or objects containing in them or
24             having upon them any amount of any substance  listed
25             in  paragraph  (1),  (2),  (2.1), (3), (14.1), (19),
26             (20), (20.1), (21), (25), or (26) of subsection  (d)
27             of Section 204, or an analog or derivative thereof;
28                  (D) not less than 10 years and not more than 50
29             years  with respect to: (i) 900 grams or more of any
30             substance listed in paragraph (1), (2), (2.1),  (3),
31             (14.1),  (19),  (20), (20.1), (21), (25), or (26) of
32             subsection (d) of  Section  204,  or  an  analog  or
33             derivative  thereof,  or  (ii)  1,500 or more pills,
34             tablets, caplets, capsules, or objects containing in
 
                            -18-               LRB9206339RCcd
 1             them or having upon them any amount of  a  substance
 2             listed  in  paragraph  (1), (2), (2.1), (3), (14.1),
 3             (19),  (20),  (20.1),  (21),  (25),   or   (26)   of
 4             subsection  (d)  of  Section  204,  or  an analog or
 5             derivative thereof;
 6             (8)  30 grams or more of  any  substance  containing
 7        pentazocine  or  any  of  the salts, isomers and salts of
 8        isomers of pentazocine, or an analog thereof;
 9             (9)  30 grams or more of  any  substance  containing
10        methaqualone  or  any  of the salts, isomers and salts of
11        isomers of methaqualone;
12             (10)  30 grams or more of any  substance  containing
13        phencyclidine  or  any of the salts, isomers and salts of
14        isomers of phencyclidine (PCP);
15             (10.5)  30 grams or more of any substance containing
16        ketamine or any  of  the  salts,  isomers  and  salts  of
17        isomers of ketamine;
18             (11)  200  grams or more of any substance containing
19        any substance classified as a narcotic drug in  Schedules
20        I  or  II   which  is  not  otherwise  included  in  this
21        subsection.
22        (b)  Any  person  sentenced with respect to violations of
23    paragraph  (1),  (2),  (3),  (6.5),  or  (7),  or  (7.5)   of
24    subsection  (a) involving 100 grams or more of the controlled
25    substance named therein, may in  addition  to  the  penalties
26    provided  therein,  be fined an amount not to exceed $200,000
27    or the full street value of  the  controlled  or  counterfeit
28    substances,  whichever  is  greater.  The term "street value"
29    shall have the meaning ascribed in Section 110-5 of the  Code
30    of  Criminal  Procedure  of  1963.  Any person sentenced with
31    respect to any other provision  of  subsection  (a),  may  in
32    addition  to  the  penalties  provided  therein,  be fined an
33    amount not to exceed $200,000.
34        (c)  Any person who violates this Section with regard  to
 
                            -19-               LRB9206339RCcd
 1    an  amount  of  a controlled or counterfeit substance not set
 2    forth in subsection (a) or (d) is guilty of a Class 4 felony.
 3    The fine for a violation punishable under this subsection (c)
 4    shall not be more than $25,000.
 5        (d)  Any person who violates this Section with regard  to
 6    any  amount  of  anabolic  steroid  is  guilty  of  a Class C
 7    misdemeanor for the first offense and a Class  B  misdemeanor
 8    for  a subsequent offense committed within 2 years of a prior
 9    conviction.
10    (Source: P.A. 90-382, eff.  8-15-97;  90-593,  eff.  6-19-98;
11    90-655,  eff.  7-30-98;  90-674,  eff.  1-1-99;  91-336, eff.
12    1-1-00; 91-357, eff. 7-29-99.)

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