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Public Act 099-0371 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is | ||||
amended by changing Sections 102, 204, 401, and 402 as follows: | ||||
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||
Sec. 102. Definitions. As used in this Act, unless the | ||||
context
otherwise requires:
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(a) "Addict" means any person who habitually uses any drug, | ||||
chemical,
substance or dangerous drug other than alcohol so as | ||||
to endanger the public
morals, health, safety or welfare or who | ||||
is so far addicted to the use of a
dangerous drug or controlled | ||||
substance other than alcohol as to have lost
the power of self | ||||
control with reference to his or her addiction.
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(b) "Administer" means the direct application of a | ||||
controlled
substance, whether by injection, inhalation, | ||||
ingestion, or any other
means, to the body of a patient, | ||||
research subject, or animal (as
defined by the Humane | ||||
Euthanasia in Animal Shelters Act) by:
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(1) a practitioner (or, in his or her presence, by his | ||||
or her authorized agent),
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(2) the patient or research subject pursuant to an | ||||
order, or
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(3) a euthanasia technician as defined by the Humane | ||
Euthanasia in
Animal Shelters Act.
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(c) "Agent" means an authorized person who acts on behalf | ||
of or at
the direction of a manufacturer, distributor, | ||
dispenser, prescriber, or practitioner. It does not
include a | ||
common or contract carrier, public warehouseman or employee of
| ||
the carrier or warehouseman.
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(c-1) "Anabolic Steroids" means any drug or hormonal | ||
substance,
chemically and pharmacologically related to | ||
testosterone (other than
estrogens, progestins, | ||
corticosteroids, and dehydroepiandrosterone),
and includes:
| ||
(i) 3[beta],17-dihydroxy-5a-androstane, | ||
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||
(iii) 5[alpha]-androstan-3,17-dione, | ||
(iv) 1-androstenediol (3[beta], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(v) 1-androstenediol (3[alpha], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(vi) 4-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-4-ene), | ||
(vii) 5-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-5-ene), | ||
(viii) 1-androstenedione | ||
([5alpha]-androst-1-en-3,17-dione), | ||
(ix) 4-androstenedione | ||
(androst-4-en-3,17-dione), |
(x) 5-androstenedione | ||
(androst-5-en-3,17-dione), | ||
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xii) boldenone (17[beta]-hydroxyandrost- | ||
1,4,-diene-3-one), | ||
(xiii) boldione (androsta-1,4- | ||
diene-3,17-dione), | ||
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||
[beta]-hydroxyandrost-4-en-3-one), | ||
(xv) clostebol (4-chloro-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xvi) dehydrochloromethyltestosterone (4-chloro- | ||
17[beta]-hydroxy-17[alpha]-methyl- | ||
androst-1,4-dien-3-one), | ||
(xvii) desoxymethyltestosterone | ||
(17[alpha]-methyl-5[alpha] | ||
-androst-2-en-17[beta]-ol)(a.k.a., madol), | ||
(xviii) [delta]1-dihydrotestosterone (a.k.a. | ||
'1-testosterone') (17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||
androstan-3-one), | ||
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||
5[alpha]-androstan-3-one), | ||
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
hydroxyestr-4-ene), | ||
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||
1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||
17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||
(xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||
hydroxyandrostano[2,3-c]-furazan), | ||
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||
androst-4-en-3-one), | ||
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||
dihydroxy-estr-4-en-3-one), | ||
(xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||
hydroxy-5-androstan-3-one), | ||
(xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||
[5a]-androstan-3-one), | ||
(xxx) methandienone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-1,4-dien-3-one), | ||
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-5-ene), | ||
(xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||
dihydroxy-5a-androstane), | ||
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||
-5a-androstane), |
(xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-4-ene), | ||
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9(10)-dien-3-one), | ||
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9-11-trien-3-one), | ||
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||
1-testosterone'), | ||
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvii) 19-nor-4,9(10)-androstadienedione |
(estra-4,9(10)-diene-3,17-dione), | ||
(xlviii) 19-nor-4-androstenedione (estr-4- | ||
en-3,17-dione), | ||
(xlix) 19-nor-5-androstenedione (estr-5- | ||
en-3,17-dione), | ||
(l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||
hydroxygon-4-en-3-one), | ||
(li) norclostebol (4-chloro-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||
2-oxa-5[alpha]-androstan-3-one), | ||
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||
dihydroxyandrost-4-en-3-one), | ||
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||
17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||
(5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||
(lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||
(5[alpha]-androst-1-en-3-one), | ||
(lix) testolactone (13-hydroxy-3-oxo-13,17- | ||
secoandrosta-1,4-dien-17-oic | ||
acid lactone), |
(lx) testosterone (17[beta]-hydroxyandrost- | ||
4-en-3-one), | ||
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||
diethyl-17[beta]-hydroxygon- | ||
4,9,11-trien-3-one), | ||
(lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||
11-trien-3-one).
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Any person who is otherwise lawfully in possession of an | ||
anabolic
steroid, or who otherwise lawfully manufactures, | ||
distributes, dispenses,
delivers, or possesses with intent to | ||
deliver an anabolic steroid, which
anabolic steroid is | ||
expressly intended for and lawfully allowed to be
administered | ||
through implants to livestock or other nonhuman species, and
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which is approved by the Secretary of Health and Human Services | ||
for such
administration, and which the person intends to | ||
administer or have
administered through such implants, shall | ||
not be considered to be in
unauthorized possession or to | ||
unlawfully manufacture, distribute, dispense,
deliver, or | ||
possess with intent to deliver such anabolic steroid for
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purposes of this Act.
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(d) "Administration" means the Drug Enforcement | ||
Administration,
United States Department of Justice, or its | ||
successor agency.
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(d-5) "Clinical Director, Prescription Monitoring Program" | ||
means a Department of Human Services administrative employee | ||
licensed to either prescribe or dispense controlled substances |
who shall run the clinical aspects of the Department of Human | ||
Services Prescription Monitoring Program and its Prescription | ||
Information Library. | ||
(d-10) "Compounding" means the preparation and mixing of | ||
components, excluding flavorings, (1) as the result of a | ||
prescriber's prescription drug order or initiative based on the | ||
prescriber-patient-pharmacist relationship in the course of | ||
professional practice or (2) for the purpose of, or incident | ||
to, research, teaching, or chemical analysis and not for sale | ||
or dispensing. "Compounding" includes the preparation of drugs | ||
or devices in anticipation of receiving prescription drug | ||
orders based on routine, regularly observed dispensing | ||
patterns. Commercially available products may be compounded | ||
for dispensing to individual patients only if both of the | ||
following conditions are met: (i) the commercial product is not | ||
reasonably available from normal distribution channels in a | ||
timely manner to meet the patient's needs and (ii) the | ||
prescribing practitioner has requested that the drug be | ||
compounded. | ||
(e) "Control" means to add a drug or other substance, or | ||
immediate
precursor, to a Schedule whether by
transfer from | ||
another Schedule or otherwise.
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(f) "Controlled Substance" means (i) a drug, substance, or | ||
immediate
precursor , or synthetic drug in the Schedules of | ||
Article II of this Act or (ii) a drug or other substance, or | ||
immediate precursor, designated as a controlled substance by |
the Department through administrative rule. The term does not | ||
include 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.
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(f-5) "Controlled substance analog" means a substance: | ||
(1) the chemical structure of which is substantially | ||
similar to the chemical structure of a controlled substance | ||
in Schedule I or II; | ||
(2) which has a stimulant, depressant, or | ||
hallucinogenic effect on the central nervous system that is | ||
substantially similar to or greater than the stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system of a controlled substance in Schedule I or | ||
II; or | ||
(3) with respect to a particular person, which such | ||
person represents or intends to have a stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system that is substantially similar to or greater | ||
than the stimulant, depressant, or hallucinogenic effect | ||
on the central nervous system of a controlled substance in | ||
Schedule I or II. | ||
(g) "Counterfeit substance" means a controlled substance, | ||
which, or
the container or labeling of which, without | ||
authorization bears the
trademark, trade name, or other | ||
identifying mark, imprint, number or
device, or any likeness | ||
thereof, of a manufacturer, distributor, or
dispenser other |
than the person who in fact manufactured, distributed,
or | ||
dispensed the substance.
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(h) "Deliver" or "delivery" means the actual, constructive | ||
or
attempted transfer of possession of a controlled substance, | ||
with or
without consideration, whether or not there is an | ||
agency relationship.
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(i) "Department" means the Illinois Department of Human | ||
Services (as
successor to the Department of Alcoholism and | ||
Substance Abuse) or its successor agency.
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(j) (Blank).
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(k) "Department of Corrections" means the Department of | ||
Corrections
of the State of Illinois or its successor agency.
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(l) "Department of Financial and Professional Regulation" | ||
means the Department
of Financial and Professional Regulation | ||
of the State of Illinois or its successor agency.
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(m) "Depressant" means any drug that (i) causes an overall | ||
depression of central nervous system functions, (ii) causes | ||
impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to alcohol, cannabis and its active principles | ||
and their analogs, benzodiazepines and their analogs, | ||
barbiturates and their analogs, opioids (natural and | ||
synthetic) and their analogs, and chloral hydrate and similar | ||
sedative hypnotics.
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(n) (Blank).
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(o) "Director" means the Director of the Illinois State |
Police or his or her designated agents.
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(p) "Dispense" means to deliver a controlled substance to | ||
an
ultimate user or research subject by or pursuant to the | ||
lawful order of
a prescriber, including the prescribing, | ||
administering, packaging,
labeling, or compounding necessary | ||
to prepare the substance for that
delivery.
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(q) "Dispenser" means a practitioner who dispenses.
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(r) "Distribute" means to deliver, other than by | ||
administering or
dispensing, a controlled substance.
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(s) "Distributor" means a person who distributes.
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(t) "Drug" means (1) substances recognized as drugs in the | ||
official
United States Pharmacopoeia, Official Homeopathic | ||
Pharmacopoeia of the
United States, or official National | ||
Formulary, or any supplement to any
of them; (2) substances | ||
intended for use in diagnosis, cure, mitigation,
treatment, or | ||
prevention of disease in man or animals; (3) substances
(other | ||
than food) intended to affect the structure of any function of
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the body of man or animals and (4) substances intended for use | ||
as a
component of any article specified in clause (1), (2), or | ||
(3) of this
subsection. It does not include devices or their | ||
components, parts, or
accessories.
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(t-5) "Euthanasia agency" means
an entity certified by the | ||
Department of Financial and Professional Regulation for the
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purpose of animal euthanasia that holds an animal control | ||
facility license or
animal
shelter license under the Animal | ||
Welfare Act. A euthanasia agency is
authorized to purchase, |
store, possess, and utilize Schedule II nonnarcotic and
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Schedule III nonnarcotic drugs for the sole purpose of animal | ||
euthanasia.
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(t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||
substances
(nonnarcotic controlled substances) that are used | ||
by a euthanasia agency for
the purpose of animal euthanasia.
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(u) "Good faith" means the prescribing or dispensing of a | ||
controlled
substance by a practitioner in the regular course of | ||
professional
treatment to or for any person who is under his or | ||
her treatment for a
pathology or condition other than that | ||
individual's physical or
psychological dependence upon or | ||
addiction to a controlled substance,
except as provided herein: | ||
and application of the term to a pharmacist
shall mean the | ||
dispensing of a controlled substance pursuant to the
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prescriber's order which in the professional judgment of the | ||
pharmacist
is lawful. The pharmacist shall be guided by | ||
accepted professional
standards including, but not limited to | ||
the following, in making the
judgment:
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(1) lack of consistency of prescriber-patient | ||
relationship,
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(2) frequency of prescriptions for same drug by one | ||
prescriber for
large numbers of patients,
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(3) quantities beyond those normally prescribed,
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(4) unusual dosages (recognizing that there may be | ||
clinical circumstances where more or less than the usual | ||
dose may be used legitimately),
|
(5) unusual geographic distances between patient, | ||
pharmacist and
prescriber,
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(6) consistent prescribing of habit-forming drugs.
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(u-0.5) "Hallucinogen" means a drug that causes markedly | ||
altered sensory perception leading to hallucinations of any | ||
type. | ||
(u-1) "Home infusion services" means services provided by a | ||
pharmacy in
compounding solutions for direct administration to | ||
a patient in a private
residence, long-term care facility, or | ||
hospice setting by means of parenteral,
intravenous, | ||
intramuscular, subcutaneous, or intraspinal infusion.
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(u-5) "Illinois State Police" means the State
Police of the | ||
State of Illinois, or its successor agency. | ||
(v) "Immediate precursor" means a substance:
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(1) which the Department has found to be and by rule | ||
designated as
being a principal compound used, or produced | ||
primarily for use, in the
manufacture of a controlled | ||
substance;
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(2) which is an immediate chemical intermediary used or | ||
likely to
be used in the manufacture of such controlled | ||
substance; and
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(3) the control of which is necessary to prevent, | ||
curtail or limit
the manufacture of such controlled | ||
substance.
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(w) "Instructional activities" means the acts of teaching, | ||
educating
or instructing by practitioners using controlled |
substances within
educational facilities approved by the State | ||
Board of Education or
its successor agency.
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(x) "Local authorities" means a duly organized State, | ||
County or
Municipal peace unit or police force.
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(y) "Look-alike substance" means a substance, other than a | ||
controlled
substance which (1) by overall dosage unit | ||
appearance, including shape,
color, size, markings or lack | ||
thereof, taste, consistency, or any other
identifying physical | ||
characteristic of the substance, would lead a reasonable
person | ||
to believe that the substance is a controlled substance, or (2) | ||
is
expressly or impliedly represented to be a controlled | ||
substance or is
distributed under circumstances which would | ||
lead a reasonable person to
believe that the substance is a | ||
controlled substance. For the purpose of
determining whether | ||
the representations made or the circumstances of the
| ||
distribution would lead a reasonable person to believe the | ||
substance to be
a controlled substance under this clause (2) of | ||
subsection (y), the court or
other authority may consider the | ||
following factors in addition to any other
factor that may be | ||
relevant:
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(a) statements made by the owner or person in control | ||
of the substance
concerning its nature, use or effect;
| ||
(b) statements made to the buyer or recipient that the | ||
substance may
be resold for profit;
| ||
(c) whether the substance is packaged in a manner | ||
normally used for the
illegal distribution of controlled |
substances;
| ||
(d) whether the distribution or attempted distribution | ||
included an
exchange of or demand for money or other | ||
property as consideration, and
whether the amount of the | ||
consideration was substantially greater than the
| ||
reasonable retail market value of the substance.
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Clause (1) of this subsection (y) shall not apply to a | ||
noncontrolled
substance in its finished dosage form that was | ||
initially introduced into
commerce prior to the initial | ||
introduction into commerce of a controlled
substance in its | ||
finished dosage form which it may substantially resemble.
| ||
Nothing in this subsection (y) prohibits the dispensing or | ||
distributing
of noncontrolled substances by persons authorized | ||
to dispense and
distribute controlled substances under this | ||
Act, provided that such action
would be deemed to be carried | ||
out in good faith under subsection (u) if the
substances | ||
involved were controlled substances.
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Nothing in this subsection (y) or in this Act prohibits the | ||
manufacture,
preparation, propagation, compounding, | ||
processing, packaging, advertising
or distribution of a drug or | ||
drugs by any person registered pursuant to
Section 510 of the | ||
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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(y-1) "Mail-order pharmacy" means a pharmacy that is | ||
located in a state
of the United States that delivers, | ||
dispenses or
distributes, through the United States Postal | ||
Service or other common
carrier, to Illinois residents, any |
substance which requires a prescription.
| ||
(z) "Manufacture" means the production, preparation, | ||
propagation,
compounding, conversion or processing of a | ||
controlled substance other than methamphetamine, either
| ||
directly or indirectly, by extraction from substances of | ||
natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis, and includes any packaging or
repackaging of the | ||
substance or labeling of its container, except that
this term | ||
does not include:
| ||
(1) by an ultimate user, the preparation or compounding | ||
of a
controlled substance for his or her own use; or
| ||
(2) by a practitioner, or his or her authorized agent | ||
under his or her
supervision, the preparation, | ||
compounding, packaging, or labeling of a
controlled | ||
substance:
| ||
(a) as an incident to his or her administering or | ||
dispensing of a
controlled substance in the course of | ||
his or her professional practice; or
| ||
(b) as an incident to lawful research, teaching or | ||
chemical
analysis and not for sale.
| ||
(z-1) (Blank).
| ||
(z-5) "Medication shopping" means the conduct prohibited | ||
under subsection (a) of Section 314.5 of this Act. | ||
(z-10) "Mid-level practitioner" means (i) a physician | ||
assistant who has been delegated authority to prescribe through |
a written delegation of authority by a physician licensed to | ||
practice medicine in all of its branches, in accordance with | ||
Section 7.5 of the Physician Assistant Practice Act of 1987, | ||
(ii) an advanced practice nurse who has been delegated | ||
authority to prescribe through a written delegation of | ||
authority by a physician licensed to practice medicine in all | ||
of its branches or by a podiatric physician, in accordance with | ||
Section 65-40 of the Nurse Practice Act, (iii) an animal | ||
euthanasia agency, or (iv) a prescribing psychologist. | ||
(aa) "Narcotic drug" means any of the following, whether | ||
produced
directly or indirectly by extraction from substances | ||
of vegetable origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis:
| ||
(1) opium, opiates, derivatives of opium and opiates, | ||
including their isomers, esters, ethers, salts, and salts | ||
of isomers, esters, and ethers, whenever the existence of | ||
such isomers, esters, ethers, and salts is possible within | ||
the specific chemical designation; however the term | ||
"narcotic drug" does not include the isoquinoline | ||
alkaloids of opium;
| ||
(2) (blank);
| ||
(3) opium poppy and poppy straw;
| ||
(4) coca leaves, except coca leaves and extracts of | ||
coca leaves from which substantially all of the cocaine and | ||
ecgonine, and their isomers, derivatives and salts, have |
been removed;
| ||
(5) cocaine, its salts, optical and geometric isomers, | ||
and salts of isomers; | ||
(6) ecgonine, its derivatives, their salts, isomers, | ||
and salts of isomers; | ||
(7) any compound, mixture, or preparation which | ||
contains any quantity of any of the substances referred to | ||
in subparagraphs (1) through (6). | ||
(bb) "Nurse" means a registered nurse licensed under the
| ||
Nurse Practice Act.
| ||
(cc) (Blank).
| ||
(dd) "Opiate" means any substance having an addiction | ||
forming or
addiction sustaining liability similar to morphine | ||
or being capable of
conversion into a drug having addiction | ||
forming or addiction sustaining
liability.
| ||
(ee) "Opium poppy" means the plant of the species Papaver
| ||
somniferum L., except its seeds.
| ||
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||
solution or other liquid form of medication intended for | ||
administration by mouth, but the term does not include a form | ||
of medication intended for buccal, sublingual, or transmucosal | ||
administration. | ||
(ff) "Parole and Pardon Board" means the Parole and Pardon | ||
Board of
the State of Illinois or its successor agency.
| ||
(gg) "Person" means any individual, corporation, | ||
mail-order pharmacy,
government or governmental subdivision or |
agency, business trust, estate,
trust, partnership or | ||
association, or any other entity.
| ||
(hh) "Pharmacist" means any person who holds a license or | ||
certificate of
registration as a registered pharmacist, a local | ||
registered pharmacist
or a registered assistant pharmacist | ||
under the Pharmacy Practice Act.
| ||
(ii) "Pharmacy" means any store, ship or other place in | ||
which
pharmacy is authorized to be practiced under the Pharmacy | ||
Practice Act.
| ||
(ii-5) "Pharmacy shopping" means the conduct prohibited | ||
under subsection (b) of Section 314.5 of this Act. | ||
(ii-10) "Physician" (except when the context otherwise | ||
requires) means a person licensed to practice medicine in all | ||
of its branches. | ||
(jj) "Poppy straw" means all parts, except the seeds, of | ||
the opium
poppy, after mowing.
| ||
(kk) "Practitioner" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, podiatric | ||
physician,
veterinarian, scientific investigator, pharmacist, | ||
physician assistant,
advanced practice nurse,
licensed | ||
practical
nurse, registered nurse, hospital, laboratory, or | ||
pharmacy, or other
person licensed, registered, or otherwise | ||
lawfully permitted by the
United States or this State to | ||
distribute, dispense, conduct research
with respect to, | ||
administer or use in teaching or chemical analysis, a
| ||
controlled substance in the course of professional practice or |
research.
| ||
(ll) "Pre-printed prescription" means a written | ||
prescription upon which
the designated drug has been indicated | ||
prior to the time of issuance; the term does not mean a written | ||
prescription that is individually generated by machine or | ||
computer in the prescriber's office.
| ||
(mm) "Prescriber" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, | ||
prescribing psychologist licensed under Section 4.2 of the | ||
Clinical Psychologist Licensing Act with prescriptive | ||
authority delegated under Section 4.3 of the Clinical | ||
Psychologist Licensing Act, podiatric physician, or
| ||
veterinarian who issues a prescription, a physician assistant | ||
who
issues a
prescription for a controlled substance
in | ||
accordance
with Section 303.05, a written delegation, and a | ||
written supervision agreement required under Section 7.5
of the
| ||
Physician Assistant Practice Act of 1987, or an advanced | ||
practice
nurse with prescriptive authority delegated under | ||
Section 65-40 of the Nurse Practice Act and in accordance with | ||
Section 303.05, a written delegation,
and a written
| ||
collaborative agreement under Section 65-35 of the Nurse | ||
Practice Act.
| ||
(nn) "Prescription" means a written, facsimile, or oral | ||
order, or an electronic order that complies with applicable | ||
federal requirements,
of
a physician licensed to practice | ||
medicine in all its branches,
dentist, podiatric physician or |
veterinarian for any controlled
substance, of an optometrist | ||
for a Schedule II, III, IV, or V controlled substance in | ||
accordance with Section 15.1 of the Illinois Optometric | ||
Practice Act of 1987, of a prescribing psychologist licensed | ||
under Section 4.2 of the Clinical Psychologist Licensing Act | ||
with prescriptive authority delegated under Section 4.3 of the | ||
Clinical Psychologist Licensing Act, of a physician assistant | ||
for a
controlled substance
in accordance with Section 303.05, a | ||
written delegation, and a written supervision agreement | ||
required under
Section 7.5 of the
Physician Assistant Practice | ||
Act of 1987, or of an advanced practice
nurse with prescriptive | ||
authority delegated under Section 65-40 of the Nurse Practice | ||
Act who issues a prescription for a
controlled substance in | ||
accordance
with
Section 303.05, a written delegation, and a | ||
written collaborative agreement under Section 65-35 of the | ||
Nurse Practice Act when required by law.
| ||
(nn-5) "Prescription Information Library" (PIL) means an | ||
electronic library that contains reported controlled substance | ||
data. | ||
(nn-10) "Prescription Monitoring Program" (PMP) means the | ||
entity that collects, tracks, and stores reported data on | ||
controlled substances and select drugs pursuant to Section 316. | ||
(oo) "Production" or "produce" means manufacture, | ||
planting,
cultivating, growing, or harvesting of a controlled | ||
substance other than methamphetamine.
| ||
(pp) "Registrant" means every person who is required to |
register
under Section 302 of this Act.
| ||
(qq) "Registry number" means the number assigned to each | ||
person
authorized to handle controlled substances under the | ||
laws of the United
States and of this State.
| ||
(qq-5) "Secretary" means, as the context requires, either | ||
the Secretary of the Department or the Secretary of the | ||
Department of Financial and Professional Regulation, and the | ||
Secretary's designated agents. | ||
(rr) "State" includes the State of Illinois and any state, | ||
district,
commonwealth, territory, insular possession thereof, | ||
and any area
subject to the legal authority of the United | ||
States of America.
| ||
(rr-5) "Stimulant" means any drug that (i) causes an | ||
overall excitation of central nervous system functions, (ii) | ||
causes impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to amphetamines and their analogs, | ||
methylphenidate and its analogs, cocaine, and phencyclidine | ||
and its analogs. | ||
(ss) "Ultimate user" means a person who lawfully possesses | ||
a
controlled substance for his or her own use or for the use of | ||
a member of his or her
household or for administering to an | ||
animal owned by him or her or by a member
of his or her | ||
household.
| ||
(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, | ||
eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; |
revised 10-1-14.)
| ||
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204) | ||
Sec. 204. (a) The controlled substances listed in this | ||
Section are
included in Schedule I. | ||
(b) Unless specifically excepted or unless listed in | ||
another
schedule, any of the following opiates, including their | ||
isomers,
esters, ethers, salts, and salts of isomers, esters, | ||
and ethers,
whenever the existence of such isomers, esters, | ||
ethers and salts is
possible within the specific chemical | ||
designation: | ||
(1) Acetylmethadol; | ||
(1.1) Acetyl-alpha-methylfentanyl | ||
(N-[1-(1-methyl-2-phenethyl)-
| ||
4-piperidinyl]-N-phenylacetamide); | ||
(2) Allylprodine; | ||
(3) Alphacetylmethadol, except
| ||
levo-alphacetylmethadol (also known as levo-alpha-
| ||
acetylmethadol, levomethadyl acetate, or LAAM); | ||
(4) Alphameprodine; | ||
(5) Alphamethadol; | ||
(6) Alpha-methylfentanyl
| ||
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
| ||
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
| ||
propanilido) piperidine; | ||
(6.1) Alpha-methylthiofentanyl
|
(N-[1-methyl-2-(2-thienyl)ethyl-
| ||
4-piperidinyl]-N-phenylpropanamide); | ||
(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP); | ||
(7.1) PEPAP
| ||
(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); | ||
(8) Benzethidine; | ||
(9) Betacetylmethadol; | ||
(9.1) Beta-hydroxyfentanyl
| ||
(N-[1-(2-hydroxy-2-phenethyl)-
| ||
4-piperidinyl]-N-phenylpropanamide); | ||
(10) Betameprodine; | ||
(11) Betamethadol; | ||
(12) Betaprodine; | ||
(13) Clonitazene; | ||
(14) Dextromoramide; | ||
(15) Diampromide; | ||
(16) Diethylthiambutene; | ||
(17) Difenoxin; | ||
(18) Dimenoxadol; | ||
(19) Dimepheptanol; | ||
(20) Dimethylthiambutene; | ||
(21) Dioxaphetylbutyrate; | ||
(22) Dipipanone; | ||
(23) Ethylmethylthiambutene; | ||
(24) Etonitazene; | ||
(25) Etoxeridine; |
(26) Furethidine; | ||
(27) Hydroxpethidine; | ||
(28) Ketobemidone; | ||
(29) Levomoramide; | ||
(30) Levophenacylmorphan; | ||
(31) 3-Methylfentanyl
| ||
(N-[3-methyl-1-(2-phenylethyl)-
| ||
4-piperidyl]-N-phenylpropanamide); | ||
(31.1) 3-Methylthiofentanyl
| ||
(N-[(3-methyl-1-(2-thienyl)ethyl-
| ||
4-piperidinyl]-N-phenylpropanamide); | ||
(32) Morpheridine; | ||
(33) Noracymethadol; | ||
(34) Norlevorphanol; | ||
(35) Normethadone; | ||
(36) Norpipanone; | ||
(36.1) Para-fluorofentanyl
| ||
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
| ||
4-piperidinyl]propanamide); | ||
(37) Phenadoxone; | ||
(38) Phenampromide; | ||
(39) Phenomorphan; | ||
(40) Phenoperidine; | ||
(41) Piritramide; | ||
(42) Proheptazine; | ||
(43) Properidine; |
(44) Propiram; | ||
(45) Racemoramide; | ||
(45.1) Thiofentanyl
| ||
(N-phenyl-N-[1-(2-thienyl)ethyl-
| ||
4-piperidinyl]-propanamide); | ||
(46) Tilidine; | ||
(47) Trimeperidine; | ||
(48) Beta-hydroxy-3-methylfentanyl (other name:
| ||
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
| ||
N-phenylpropanamide). | ||
(c) Unless specifically excepted or unless listed in | ||
another
schedule, any of the following opium derivatives, its | ||
salts, isomers
and salts of isomers, whenever the existence of | ||
such salts, isomers and
salts of isomers is possible within the | ||
specific chemical designation: | ||
(1) Acetorphine; | ||
(2) Acetyldihydrocodeine; | ||
(3) Benzylmorphine; | ||
(4) Codeine methylbromide; | ||
(5) Codeine-N-Oxide; | ||
(6) Cyprenorphine; | ||
(7) Desomorphine; | ||
(8) Diacetyldihydromorphine (Dihydroheroin); | ||
(9) Dihydromorphine; | ||
(10) Drotebanol; | ||
(11) Etorphine (except hydrochloride salt); |
(12) Heroin; | ||
(13) Hydromorphinol; | ||
(14) Methyldesorphine; | ||
(15) Methyldihydromorphine; | ||
(16) Morphine methylbromide; | ||
(17) Morphine methylsulfonate; | ||
(18) Morphine-N-Oxide; | ||
(19) Myrophine; | ||
(20) Nicocodeine; | ||
(21) Nicomorphine; | ||
(22) Normorphine; | ||
(23) Pholcodine; | ||
(24) Thebacon. | ||
(d) Unless specifically excepted or unless listed in | ||
another
schedule, any material, compound, mixture, or | ||
preparation which contains
any quantity of the following | ||
hallucinogenic substances, or which
contains any of its salts, | ||
isomers and salts of isomers, whenever the
existence of such | ||
salts, isomers, and salts of isomers is possible
within the | ||
specific chemical designation (for the purposes of this
| ||
paragraph only, the term "isomer" includes the optical, | ||
position and
geometric isomers): | ||
(1) 3,4-methylenedioxyamphetamine
| ||
(alpha-methyl,3,4-methylenedioxyphenethylamine,
| ||
methylenedioxyamphetamine, MDA); | ||
(1.1) Alpha-ethyltryptamine
|
(some trade or other names: etryptamine;
| ||
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
| ||
3-(2-aminobutyl)indole; a-ET; and AET); | ||
(2) 3,4-methylenedioxymethamphetamine (MDMA); | ||
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
| ||
(also known as: N-ethyl-alpha-methyl-
| ||
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
| ||
and MDEA); | ||
(2.2) N-Benzylpiperazine (BZP); | ||
(2.2-1) Trifluoromethylphenylpiperazine (TFMPP); | ||
(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); | ||
(4) 3,4,5-trimethoxyamphetamine (TMA); | ||
(5) (Blank); | ||
(6) Diethyltryptamine (DET); | ||
(7) Dimethyltryptamine (DMT); | ||
(7.1) 5-Methoxy-diallyltryptamine; | ||
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP); | ||
(9) Ibogaine (some trade and other names:
| ||
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
| ||
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
| ||
indole; Tabernanthe iboga); | ||
(10) Lysergic acid diethylamide; | ||
(10.1) Salvinorin A; | ||
(10.5) Salvia divinorum (meaning all parts of the plant | ||
presently classified
botanically as Salvia divinorum, | ||
whether growing or not, the
seeds thereof, any extract from |
any part of that plant, and every compound,
manufacture, | ||
salts, isomers, and salts of
isomers whenever the existence | ||
of such salts, isomers, and salts of
isomers is possible | ||
within the specific chemical designation, derivative, | ||
mixture, or preparation of that plant, its
seeds or | ||
extracts);
| ||
(11) 3,4,5-trimethoxyphenethylamine (Mescaline); | ||
(12) Peyote (meaning all parts of the plant presently | ||
classified
botanically as Lophophora williamsii
Lemaire, | ||
whether growing or not, the
seeds thereof, any extract from | ||
any part of that plant, and every compound,
manufacture, | ||
salts, derivative, mixture, or preparation of that plant, | ||
its
seeds or extracts); | ||
(13) N-ethyl-3-piperidyl benzilate (JB 318); | ||
(14) N-methyl-3-piperidyl benzilate; | ||
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
| ||
(also known as N-hydroxy-alpha-methyl-
| ||
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA); | ||
(15) Parahexyl; some trade or other names:
| ||
3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
| ||
dibenzo (b,d) pyran; Synhexyl; | ||
(16) Psilocybin; | ||
(17) Psilocyn; | ||
(18) Alpha-methyltryptamine (AMT); | ||
(19) 2,5-dimethoxyamphetamine
| ||
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); |
(20) 4-bromo-2,5-dimethoxyamphetamine
| ||
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
| ||
4-bromo-2,5-DMA); | ||
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
| ||
Some trade or other names: 2-(4-bromo-
| ||
2,5-dimethoxyphenyl)-1-aminoethane;
| ||
alpha-desmethyl DOB, 2CB, Nexus; | ||
(21) 4-methoxyamphetamine
| ||
(4-methoxy-alpha-methylphenethylamine;
| ||
paramethoxyamphetamine; PMA); | ||
(22) (Blank); | ||
(23) Ethylamine analog of phencyclidine.
| ||
Some trade or other names:
| ||
N-ethyl-1-phenylcyclohexylamine,
| ||
(1-phenylcyclohexyl) ethylamine,
| ||
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE; | ||
(24) Pyrrolidine analog of phencyclidine. Some trade | ||
or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, | ||
PHP; | ||
(25) 5-methoxy-3,4-methylenedioxy-amphetamine; | ||
(26) 2,5-dimethoxy-4-ethylamphetamine
| ||
(another name: DOET); | ||
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
| ||
(another name: TCPy); | ||
(28) (Blank); | ||
(29) Thiophene analog of phencyclidine (some trade
|
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
| ||
2-thienyl analog of phencyclidine; TPCP; TCP); | ||
(30) Bufotenine (some trade or other names:
| ||
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
| ||
3-(2-dimethylaminoethyl)-5-indolol;
| ||
5-hydroxy-N,N-dimethyltryptamine;
| ||
N,N-dimethylserotonin; mappine); | ||
(31) 1-Pentyl-3-(1-naphthoyl)indole | ||
Some trade or other names: JWH-018; | ||
(32) 1-Butyl-3-(1-naphthoyl)indole | ||
Some trade or other names: JWH-073; | ||
(33) 1-[(5-fluoropentyl)-1H-indol-3-yl]- | ||
(2-iodophenyl)methanone | ||
Some trade or other names: AM-694; | ||
(34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- | ||
(2-methyloctan-2-yl)phenol | ||
Some trade or other names: CP 47,497 | ||
and its C6, C8 and C9 homologs; | ||
(34.5) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- | ||
(2-methyloctan-2-yl)phenol), where side chain n=5; | ||
and homologues where side chain n=4, 6, or 7; Some | ||
trade or other names: CP 47,497; | ||
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- | ||
(2-methyloctan-2-yl)-6a,7, | ||
10,10a-tetrahydrobenzo[c]chromen-1-ol | ||
Some trade or other names: HU-210; |
(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6- | ||
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- | ||
tetrahydrobenzo[c]chromen-1-ol, its isomers, | ||
salts, and salts of isomers; Some trade or other | ||
names: HU-210, Dexanabinol; | ||
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)- | ||
6,6-dimethyl-3-(2-methyloctan-2-yl)- | ||
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol | ||
Some trade or other names: HU-211; | ||
(37) (2-methyl-1-propyl-1H-indol- | ||
3-yl)-1-naphthalenyl-methanone | ||
Some trade or other names: JWH-015; | ||
(38) 4-methoxynaphthalen-1-yl- | ||
(1-pentylindol-3-yl)methanone | ||
Some trade or other names: JWH-081; | ||
(39) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole | ||
Some trade or other names: JWH-122; | ||
(40) 2-(2-methylphenyl)-1-(1-pentyl- | ||
1H-indol-3-yl)-ethanone | ||
Some trade or other names: JWH-251; | ||
(41) 1-(2-cyclohexylethyl)-3- | ||
(2-methoxyphenylacetyl)indole | ||
Some trade or other names: RCS-8, BTW-8 and SR-18; | ||
(42) Any compound structurally derived from | ||
3-(1-naphthoyl)indole or 1H-indol-3-yl- | ||
(1-naphthyl)methane by substitution at the |
nitrogen atom of the indole ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl , aryl halide, | ||
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, | ||
or 2-(4-morpholinyl)ethyl whether or not further | ||
substituted in the indole ring to any extent, whether | ||
or not substituted in the naphthyl ring to any extent . | ||
Examples of this structural class include, but are | ||
not limited to, JWH-018, AM-2201, JWH-175, JWH-184, | ||
and JWH-185 ; | ||
(43) Any compound structurally derived from | ||
3-(1-naphthoyl)pyrrole by substitution at the nitrogen | ||
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl , aryl halide, alkyl | ||
aryl halide, 1-(N-methyl-2-piperidinyl)methyl, | ||
or 2-(4-morpholinyl)ethyl, whether or not further | ||
substituted in the pyrrole ring to any extent, whether | ||
or not substituted in the naphthyl ring to any extent . | ||
Examples of this structural class include, but are not | ||
limited to, JWH-030, JWH-145, JWH-146, JWH-307, and | ||
JWH-368 ; | ||
(44) Any compound structurally derived from | ||
1-(1-naphthylmethyl)indene by substitution | ||
at the 3-position of the indene ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl , aryl | ||
halide, alkyl aryl halide, 1-(N-methyl- | ||
2-piperidinyl)methyl, or 2-(4- |
morpholinyl)ethyl whether or not further substituted in | ||
the indene ring to any extent, whether or not substituted | ||
in the naphthyl ring to any extent . Examples of | ||
this structural class include, but are not | ||
limited to, JWH-176 ; | ||
(45) Any compound structurally derived from | ||
3-phenylacetylindole by substitution at the | ||
nitrogen atom of the indole ring with alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl , aryl | ||
halide, alkyl aryl halide, 1-(N-methyl-2- | ||
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||
whether or not further substituted in the indole ring | ||
to any extent, whether or not substituted in the phenyl | ||
ring to any extent . Examples of this structural | ||
class include, but are not limited to, JWH-167, | ||
JWH-250, JWH-251, and RCS-8 ; | ||
(46) Any compound structurally derived from | ||
2-(3-hydroxycyclohexyl)phenol by substitution | ||
at the 5-position of the phenolic ring by alkyl, | ||
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl , | ||
aryl halide, alkyl aryl halide, 1-(N-methyl-2- | ||
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||
whether or not substituted in the cyclohexyl ring to any | ||
extent . Examples of this structural class | ||
include, but are not limited to, CP 47, | ||
497 and its C8 homologue (cannabicyclohexanol) ; |
(46.1) Benzoylindoles: Any compound | ||
containing a 3-(benzoyl) indole structure with | ||
substitution at the nitrogen atom of the | ||
indole ring by an alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, | ||
1-(N-methyl-2-piperidinyl)methyl, | ||
or 2-(4-morpholinyl)ethyl group | ||
whether or not further substituted | ||
in the indole ring to any extent and | ||
whether or not substituted in the phenyl ring | ||
to any extent. Examples of this structural class | ||
include, but are not limited, to AM-630, | ||
AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4; | ||
(47) 3,4-Methylenedioxymethcathinone | ||
Some trade or other names: Methylone; | ||
(48) 3,4-Methyenedioxypyrovalerone | ||
Some trade or other names: MDPV; | ||
(49) 4-Methylmethcathinone | ||
Some trade or other names: Mephedrone; | ||
(50) 4-methoxymethcathinone; | ||
(51) 4-Fluoromethcathinone; | ||
(52) 3-Fluoromethcathinone; | ||
(53) 2,5-Dimethoxy-4-(n)-propylthio- | ||
phenethylamine; | ||
(54) 5-Methoxy-N,N-diisopropyltryptamine; | ||
(55) Pentedrone; |
(56) 4-iodo-2,5-dimethoxy-N-((2-methoxy | ||
phenyl)methyl)-benzeneethanamine | ||
(trade or other name: 25I-NBOMe); | ||
(57) 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl) | ||
methyl]-benzeneethanamine (trade or other name: | ||
25C-NBOMe); | ||
(58) 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl) | ||
methyl]-benzeneethanamine (trade or other name: | ||
25B-NBOMe) ; . | ||
(59) 3-cyclopropoylindole with | ||
substitution at the nitrogen atom of the | ||
indole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl | ||
halide, alkyl aryl halide, | ||
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not | ||
further substituted on the indole ring | ||
to any extent, whether or not substituted | ||
on the cyclopropyl ring to any extent: | ||
including but not limited to XLR11, | ||
UR144, FUB-144; | ||
(60) 3-adamantoylindole with | ||
substitution at the nitrogen atom of the | ||
indole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, | ||
aryl halide, alkyl aryl halide, |
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not | ||
further substituted on the indole ring to | ||
any extent, whether or not substituted on | ||
the adamantyl ring to any extent: including | ||
but not limited to AB-001; | ||
(61) N-(adamantyl)-indole-3-carboxamide | ||
with substitution at the nitrogen atom of the | ||
indole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, | ||
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, | ||
or 2-(4-morpholinyl)ethyl, whether or not further | ||
substituted on the indole ring to any extent, whether | ||
or not substituted on the adamantyl ring to any | ||
extent: including but not limited to | ||
APICA/2NE-1, STS-135; | ||
(62) N-(adamantyl)-indazole-3-carboxamide | ||
with substitution at a nitrogen atom of the indazole | ||
ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, aryl halide, alkyl aryl halide, | ||
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further | ||
substituted on the indazole ring to any extent, | ||
whether or not substituted on the adamantyl | ||
ring to any extent: including but not limited | ||
to AKB48, 5F-AKB48; |
(63) 1H-indole-3-carboxylic acid 8-quinolinyl | ||
ester with substitution at the nitrogen atom of the | ||
indole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl | ||
aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further | ||
substituted on the indole ring to any extent, | ||
whether or not substituted on the quinoline ring | ||
to any extent: including but not limited to PB22, | ||
5F-PB22, FUB-PB-22; | ||
(64) 3-(1-naphthoyl)indazole with | ||
substitution at the nitrogen atom of the | ||
indazole ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||
aryl halide, alkyl aryl halide, | ||
1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further | ||
substituted on the indazole ring to any extent, | ||
whether or not substituted on the naphthyl ring | ||
to any extent: including but not limited to | ||
THJ-018, THJ-2201; | ||
(65) 2-(1-naphthoyl)benzimidazole with | ||
substitution at the nitrogen atom of the benzimidazole | ||
ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, | ||
cycloalkylethyl, aryl halide, alkyl aryl halide, | ||
1-(N-methyl-2-piperidinyl)methyl, or |
2-(4-morpholinyl)ethyl, whether or not further | ||
substituted on the benzimidazole ring to any extent, | ||
whether or not substituted on the naphthyl ring to | ||
any extent: including, but not limited to FUBIMINA; | ||
(66) N-(1-amino-3-methyl-1-oxobutan-2-yl) | ||
-1H-indazole-3-carboxamide with substitution on the | ||
nitrogen atom of the indazole ring by alkyl, | ||
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||
aryl halide, alkyl aryl halide, 1-(N-methyl-2- | ||
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||
whether or not further substituted on the indazole | ||
ring to any extent: including but not limited to | ||
AB-PINACA, AB-FUBINACA, AB-CHMINACA; | ||
(67) N-(1-amino-3,3-dimethyl-1-oxobutan- | ||
2-yl)-1H-indazole-3-carboxamide with substitution | ||
on the nitrogen atom of the indazole ring by alkyl, | ||
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||
aryl halide, alkyl aryl halide, 1-(N-methyl-2- | ||
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether | ||
or not further substituted on the indazole ring to any | ||
extent: including but not limited to ADB-PINACA, | ||
ADB-FUBINACA; | ||
(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)- | ||
1H-indole-3-carboxamide with substitution on the nitrogen | ||
atom of the indole ring by alkyl, haloalkyl, alkenyl, | ||
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl |
aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||
2-(4-morpholinyl)ethyl, whether or not further | ||
substituted on the indole ring to any extent: | ||
including but not limited to ADBICA, 5F-ADBICA; | ||
(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)- | ||
1H-indole-3-carboxamide with substitution on the | ||
nitrogen atom of the indole ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl | ||
halide, alkyl aryl halide, 1-(N-methyl-2- | ||
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||
whether or not further substituted on the indole | ||
ring to any extent: including but not limited | ||
to ABICA, 5F-ABICA; | ||
(70) Methyl 2-(1H-indazole-3-carboxamido)- | ||
3-methylbutanoate with substitution on the nitrogen | ||
atom of the indazole ring by alkyl, haloalkyl, | ||
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl | ||
halide, alkyl aryl halide, 1-(N-methyl-2- | ||
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||
whether or not further substituted on the indazole | ||
ring to any extent: including but not limited to AMB, | ||
5F-AMB. | ||
(e) Unless specifically excepted or unless listed in | ||
another
schedule, any material, compound, mixture, or | ||
preparation which contains
any quantity of the following | ||
substances having a depressant effect on
the central nervous |
system, including its salts, isomers, and salts of
isomers | ||
whenever the existence of such salts, isomers, and salts of
| ||
isomers is possible within the specific chemical designation: | ||
(1) mecloqualone; | ||
(2) methaqualone; and | ||
(3) gamma hydroxybutyric acid. | ||
(f) Unless specifically excepted or unless listed in | ||
another schedule,
any material, compound, mixture, or | ||
preparation which contains any quantity
of the following | ||
substances having a stimulant effect on the central nervous
| ||
system, including its salts, isomers, and salts of isomers: | ||
(1) Fenethylline; | ||
(2) N-ethylamphetamine; | ||
(3) Aminorex (some other names:
| ||
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
| ||
4-5-dihydro-5-phenyl-2-oxazolamine) and its
| ||
salts, optical isomers, and salts of optical isomers; | ||
(4) Methcathinone (some other names:
| ||
2-methylamino-1-phenylpropan-1-one;
| ||
Ephedrone; 2-(methylamino)-propiophenone;
| ||
alpha-(methylamino)propiophenone; N-methylcathinone;
| ||
methycathinone; Monomethylpropion; UR 1431) and its
| ||
salts, optical isomers, and salts of optical isomers; | ||
(5) Cathinone (some trade or other names:
| ||
2-aminopropiophenone; alpha-aminopropiophenone;
| ||
2-amino-1-phenyl-propanone; norephedrone); |
(6) N,N-dimethylamphetamine (also known as:
| ||
N,N-alpha-trimethyl-benzeneethanamine;
| ||
N,N-alpha-trimethylphenethylamine); | ||
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
| ||
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine); | ||
(8) 3,4-Methylenedioxypyrovalerone (MDPV). | ||
(g) Temporary listing of substances subject to emergency | ||
scheduling.
Any material, compound, mixture, or preparation | ||
that contains any quantity
of the following substances: | ||
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
| ||
(benzylfentanyl), its optical isomers, isomers, salts,
| ||
and salts of isomers; | ||
(2) N-[1(2-thienyl)
| ||
methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
| ||
its optical isomers, salts, and salts of isomers. | ||
(h) Synthetic cathinones. Unless specifically excepted, | ||
any chemical compound not including bupropion, structurally | ||
derived from 2-aminopropan-1-one by substitution at the | ||
1-position with either phenyl, naphthyl, or thiophene ring | ||
systems, whether or not the compound is further modified in one | ||
or more of the following ways: | ||
(1) by substitution in the ring system to | ||
any extent with alkyl, alkylenedioxy, alkoxy, | ||
haloalkyl, hydroxyl, or halide substituents, whether | ||
or not further substituted in the ring system | ||
by one or more other univalent substituents. |
Examples of this class include, but are not | ||
limited to, 3,4-Methylenedioxycathinone | ||
(bk-MDA); | ||
(2) by substitution at the 3-position | ||
with an acyclic alkyl substituent. Examples of | ||
this class include, but are not limited to, | ||
2-methylamino-1-phenylbutan-1-one | ||
(buphedrone); or | ||
(3) by substitution at the 2-amino nitrogen | ||
atom with alkyl, dialkyl, benzyl, or methoxybenzyl | ||
groups, or by inclusion of the 2-amino nitrogen atom | ||
in a cyclic structure. Examples of this class include, | ||
but are not limited to, Dimethylcathinone, Ethcathinone, | ||
and a-Pyrrolidinopropiophenone (a-PPP). | ||
(Source: P.A. 97-192, eff. 7-22-11; 97-193, eff. 1-1-12; | ||
97-194, eff. 7-22-11; 97-334, eff. 1-1-12; 97-813, eff. | ||
7-13-12; 97-872, eff. 7-31-12; 98-987, eff. 1-1-15 .)
| ||
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| ||
Sec. 401. Except as authorized by this Act, it is unlawful | ||
for any
person knowingly to manufacture or deliver, or possess | ||
with intent to
manufacture or deliver, a controlled substance | ||
other than methamphetamine, a counterfeit substance, or a | ||
controlled
substance analog. A violation of this Act with | ||
respect to each of the controlled
substances listed herein | ||
constitutes a single and separate violation of this
Act. For |
purposes of this Section, "controlled substance analog" or | ||
"analog"
means a substance
which is intended for human | ||
consumption , other than a controlled substance, that has a | ||
chemical structure substantially similar to that of a | ||
controlled
substance in Schedule I or II, or that was | ||
specifically designed to produce
an effect substantially | ||
similar to that of a controlled substance in Schedule
I or II. | ||
Examples of chemical classes in which controlled substance | ||
analogs
are found include, but are not limited to, the | ||
following: phenethylamines,
N-substituted piperidines, | ||
morphinans, ecgonines, quinazolinones, substituted
indoles, | ||
and arylcycloalkylamines. For purposes of this Act, a | ||
controlled
substance analog shall be treated in the same manner | ||
as the controlled
substance to which it is substantially | ||
similar.
| ||
(a) Any person who violates this Section with respect to | ||
the following
amounts of controlled or counterfeit substances | ||
or controlled substance
analogs, notwithstanding any of the | ||
provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | ||
contrary, is guilty of a Class X felony
and shall be sentenced | ||
to a term of imprisonment as provided in this subsection
(a) | ||
and fined as provided in subsection (b):
| ||
(1) (A) not less than 6 years and not more than 30 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of a substance containing
heroin, or an | ||
analog thereof;
|
(B) not less than 9 years and not more than 40 | ||
years with respect to 100
grams or more but less than | ||
400 grams of a substance containing heroin, or
an | ||
analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect to
400 grams or more but less than | ||
900 grams of a substance containing heroin,
or an | ||
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to
900 grams or more of any | ||
substance containing heroin, or an analog thereof;
| ||
(1.5) (A) not less than 6 years and not more than 30 | ||
years with respect to 15 grams or more but less than | ||
100 grams of a substance containing fentanyl, or an | ||
analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to 100 grams or more but less than | ||
400 grams of a substance containing fentanyl, or an | ||
analog thereof; | ||
(C) not less than 12 years and not more than 50 | ||
years with respect to 400 grams or more but less than | ||
900 grams of a substance containing fentanyl, or an | ||
analog thereof; | ||
(D) not less than 15 years and not more than 60 | ||
years with respect to 900 grams or more of a substance | ||
containing fentanyl, or an analog thereof;
|
(2) (A) not less than 6 years and not more than 30 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of a substance containing
cocaine, or an | ||
analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to 100
grams or more but less than | ||
400 grams of a substance containing cocaine, or
an | ||
analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect to
400 grams or more but less than | ||
900 grams of a substance containing cocaine,
or an | ||
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to
900 grams or more of any | ||
substance containing cocaine, or an analog thereof;
| ||
(3) (A) not less than 6 years and not more than 30 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of a substance containing
morphine, or an | ||
analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to
100 grams or more but less than | ||
400 grams of a substance containing morphine,
or an | ||
analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect to
400 grams or more but less than | ||
900 grams of a substance containing
morphine, or an |
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to
900 grams or more of a substance | ||
containing morphine, or an analog thereof;
| ||
(4) 200 grams or more of any substance containing | ||
peyote, or an
analog thereof;
| ||
(5) 200 grams or more of any substance containing a | ||
derivative of
barbituric acid or any of the salts of a | ||
derivative of barbituric acid, or
an analog thereof;
| ||
(6) 200 grams or more of any substance containing | ||
amphetamine
or any salt of an optical isomer of | ||
amphetamine,
or an analog thereof;
| ||
(6.5) (blank);
| ||
(6.6) (blank);
| ||
(7) (A) not less than 6 years and not more than 30 | ||
years with respect
to: (i) 15 grams or more but less | ||
than 100 grams of a substance containing
lysergic acid | ||
diethylamide (LSD), or an analog thereof, or (ii) 15 or
| ||
more objects or 15 or more segregated parts of an | ||
object or objects but
less than 200 objects or 200 | ||
segregated parts of an object or objects
containing in | ||
them or having upon them any amounts of any substance
| ||
containing lysergic acid diethylamide (LSD), or an | ||
analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect
to: (i) 100 grams or more but less |
than 400 grams of a substance containing
lysergic acid | ||
diethylamide (LSD), or an analog thereof, or (ii) 200 | ||
or more
objects or 200 or more segregated parts of an | ||
object or objects but less
than 600 objects or less | ||
than 600 segregated parts of an object or objects
| ||
containing in them or having upon them any amount of | ||
any substance
containing lysergic acid diethylamide | ||
(LSD), or an analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect
to: (i) 400 grams or more but less | ||
than 900 grams of a substance containing
lysergic acid | ||
diethylamide (LSD), or an analog thereof, or (ii) 600 | ||
or more
objects or 600 or more segregated parts of an | ||
object or objects but less
than 1500 objects or 1500 | ||
segregated parts of an object or objects
containing in | ||
them or having upon them any amount of any substance
| ||
containing lysergic acid diethylamide (LSD), or an | ||
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect
to: (i) 900 grams or more of any | ||
substance containing lysergic acid
diethylamide (LSD), | ||
or an analog thereof, or (ii) 1500 or more objects or
| ||
1500 or more segregated parts of an object or objects | ||
containing in them or
having upon them any amount of a | ||
substance containing lysergic acid
diethylamide (LSD), | ||
or an analog thereof;
|
(7.5) (A) not less than 6 years and not more than 30 | ||
years with respect
to:
(i) 15
grams or more but less | ||
than 100 grams of a substance listed in paragraph (1),
| ||
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), | ||
(21), (25), or (26) of subsection
(d) of Section 204, | ||
or an analog or derivative thereof, or (ii) 15 or more
| ||
pills, tablets, caplets, capsules, or objects but less | ||
than 200 pills, tablets,
caplets, capsules, or objects | ||
containing in them or having upon them any
amounts of | ||
any substance listed in paragraph (1), (2), (2.1), | ||
(2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or | ||
(26) of subsection (d) of Section 204, or
an analog or | ||
derivative thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to:
(i) 100 grams or more but less | ||
than 400 grams of a substance listed in
paragraph (1), | ||
(2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), | ||
(21), (25), or (26) of subsection (d) of Section 204, | ||
or an analog or
derivative thereof, or (ii) 200 or more | ||
pills, tablets, caplets, capsules, or
objects but less | ||
than 600 pills, tablets, caplets, capsules, or objects
| ||
containing in them or having upon them any amount of | ||
any substance listed in
paragraph (1), (2), (2.1), | ||
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | ||
(26)
of subsection (d) of Section 204, or an analog or | ||
derivative thereof;
|
(C) not less than 12 years and not more than 50 | ||
years with respect to:
(i) 400 grams or more but less | ||
than 900 grams of a substance listed in
paragraph (1), | ||
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), | ||
(21), (25), or (26)
of subsection (d) of Section 204, | ||
or an analog or derivative thereof,
or (ii) 600 or more | ||
pills, tablets, caplets, capsules, or objects but less | ||
than
1,500 pills, tablets, caplets, capsules, or | ||
objects
containing in them or having upon them any | ||
amount of any substance listed in
paragraph (1), (2), | ||
(2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), | ||
(25), or (26)
of subsection (d) of Section 204, or an | ||
analog or derivative thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to:
(i) 900 grams or more of any | ||
substance listed in paragraph (1), (2), (2.1),
(2.2), | ||
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of | ||
subsection (d) of
Section 204, or an analog or | ||
derivative thereof, or (ii) 1,500 or more pills,
| ||
tablets, caplets, capsules, or objects containing in | ||
them or having upon them
any amount
of a substance | ||
listed in paragraph (1), (2), (2.1), (2.2), (3), | ||
(14.1), (19),
(20), (20.1), (21), (25), or (26)
of | ||
subsection (d) of Section 204, or an analog or | ||
derivative thereof;
| ||
(8) 30 grams or more of any substance containing |
pentazocine or any of
the salts, isomers and salts of | ||
isomers of pentazocine, or an analog thereof;
| ||
(9) 30 grams or more of any substance containing | ||
methaqualone or any of
the salts, isomers and salts of | ||
isomers of methaqualone, or an analog thereof;
| ||
(10) 30 grams or more of any substance containing | ||
phencyclidine or any
of the salts, isomers and salts of | ||
isomers of phencyclidine (PCP),
or an analog thereof;
| ||
(10.5) 30 grams or more of any substance containing | ||
ketamine
or any of the salts, isomers and salts of isomers | ||
of ketamine,
or an analog thereof;
| ||
(10.6) 100 grams or more of any substance containing | ||
hydrocodone, or any of the salts, isomers and salts of | ||
isomers of hydrocodone, or an analog thereof; | ||
(10.7) 100 grams or more of any substance containing | ||
dihydrocodeinone, or any of the salts, isomers and salts of | ||
isomers of dihydrocodeinone, or an analog thereof; | ||
(10.8) 100 grams or more of any substance containing | ||
dihydrocodeine, or any of the salts, isomers and salts of | ||
isomers of dihydrocodeine, or an analog thereof; | ||
(10.9) 100 grams or more of any substance containing | ||
oxycodone, or any of the salts, isomers and salts of | ||
isomers of oxycodone, or an analog thereof;
| ||
(11) 200 grams or more of any substance containing any | ||
other controlled
substance classified in Schedules I or II, | ||
or an analog thereof, which is
not otherwise included in |
this subsection.
| ||
(b) Any person sentenced with respect to violations of | ||
paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||
involving
100 grams or
more of the
controlled substance named | ||
therein, may in addition to the penalties
provided therein, be | ||
fined an amount not more than $500,000 or the full
street value | ||
of the controlled or counterfeit substance or controlled | ||
substance
analog, whichever is greater. The term "street value" | ||
shall have the
meaning ascribed in Section 110-5 of the Code of | ||
Criminal Procedure of
1963. Any person sentenced with respect | ||
to any other provision of
subsection (a), may in addition to | ||
the penalties provided therein, be fined
an amount not to | ||
exceed $500,000. | ||
(b-1) Excluding violations of this Act when the controlled | ||
substance is fentanyl, any person sentenced to a term of | ||
imprisonment with respect to violations of Section 401, 401.1, | ||
405, 405.1, 405.2, or 407, when the substance containing the | ||
controlled substance contains any amount of fentanyl, 3 years | ||
shall be added to the term of imprisonment imposed by the | ||
court, and the maximum sentence for the offense shall be | ||
increased by 3 years.
| ||
(c) Any person who violates this Section with regard to the
| ||
following amounts of controlled or counterfeit substances
or | ||
controlled substance analogs, notwithstanding any of the | ||
provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | ||
to the
contrary, is guilty of a Class 1 felony. The fine for |
violation of this
subsection (c) shall not be more than | ||
$250,000:
| ||
(1) 1 gram or more but less than 15 grams of any
| ||
substance containing heroin, or an analog thereof;
| ||
(1.5) 1 gram or more but less than 15 grams of any | ||
substance containing fentanyl, or an analog thereof;
| ||
(2) 1 gram or more but less than 15
grams of any | ||
substance containing cocaine, or an analog thereof;
| ||
(3) 10 grams or more but less than 15 grams of any | ||
substance
containing morphine, or an analog thereof;
| ||
(4) 50 grams or more but less than 200 grams of any | ||
substance
containing peyote, or an analog thereof;
| ||
(5) 50 grams or more but less than 200 grams of any | ||
substance
containing a derivative of barbituric acid or any | ||
of the salts of a
derivative of barbituric acid, or an | ||
analog thereof;
| ||
(6) 50 grams or more but less than 200 grams of any | ||
substance
containing amphetamine or any salt of an optical | ||
isomer
of amphetamine, or an analog thereof;
| ||
(6.5) (blank);
| ||
(7) (i) 5 grams or more but less than 15 grams of any | ||
substance
containing lysergic acid diethylamide (LSD), or | ||
an analog thereof,
or (ii)
more than 10 objects or more | ||
than 10 segregated parts of an object or objects
but less | ||
than 15 objects or less than 15 segregated parts of an | ||
object
containing in them or having upon them any amount of |
any substance
containing lysergic acid diethylamide (LSD), | ||
or an analog thereof;
| ||
(7.5) (i) 5 grams or more but less than 15 grams of any | ||
substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | ||
(14.1), (19), (20), (20.1), (21), (25), or
(26) of | ||
subsection (d) of Section 204, or an analog or derivative | ||
thereof, or
(ii) more than 10 pills, tablets, caplets, | ||
capsules, or objects but less than
15 pills, tablets, | ||
caplets, capsules, or objects containing in them or having
| ||
upon them any amount of any substance listed in paragraph | ||
(1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | ||
(21), (25), or (26) of subsection (d) of
Section 204, or an | ||
analog or derivative thereof;
| ||
(8) 10 grams or more but less than 30 grams of any | ||
substance
containing pentazocine or any of the salts, | ||
isomers and salts of isomers of
pentazocine, or an analog | ||
thereof;
| ||
(9) 10 grams or more but less than 30 grams of any | ||
substance
containing methaqualone or any of the salts, | ||
isomers and salts of isomers
of methaqualone, or an analog | ||
thereof;
| ||
(10) 10 grams or more but less than 30 grams of any | ||
substance
containing phencyclidine or any of the salts, | ||
isomers and salts of isomers
of phencyclidine (PCP), or an | ||
analog thereof;
| ||
(10.5) 10 grams or more but less than 30 grams of any |
substance
containing ketamine or any of the salts, isomers | ||
and salts of
isomers of ketamine, or an analog thereof;
| ||
(10.6) 50 grams or more but less than 100 grams of any | ||
substance containing hydrocodone, or any of the salts, | ||
isomers and salts of isomers of hydrocodone, or an analog | ||
thereof; | ||
(10.7) 50 grams or more but less than 100 grams of any | ||
substance containing dihydrocodeinone, or any of the | ||
salts, isomers and salts of isomers of dihydrocodeinone, or | ||
an analog thereof; | ||
(10.8) 50 grams or more but less than 100 grams of any | ||
substance containing dihydrocodeine, or any of the salts, | ||
isomers and salts of isomers of dihydrocodeine, or an | ||
analog thereof; | ||
(10.9) 50 grams or more but less than 100 grams of any | ||
substance containing oxycodone, or any of the salts, | ||
isomers and salts of isomers of oxycodone, or an analog | ||
thereof;
| ||
(11) 50 grams or more but less than 200 grams of any | ||
substance
containing a substance classified in Schedules I | ||
or II, or an analog
thereof, which is not otherwise | ||
included in this subsection.
| ||
(c-5) (Blank).
| ||
(d) Any person who violates this Section with regard to any | ||
other
amount of a controlled or counterfeit substance | ||
containing dihydrocodeinone or dihydrocodeine or classified in
|
Schedules I or II, or an analog thereof, which is (i) a | ||
narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an | ||
analog thereof,
(iii) any
substance containing amphetamine or | ||
fentanyl or any salt or optical
isomer of amphetamine or | ||
fentanyl, or an analog thereof, or (iv) any
substance | ||
containing N-Benzylpiperazine (BZP) or any salt or optical
| ||
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is | ||
guilty
of a Class 2 felony. The fine for violation of this | ||
subsection (d) shall
not be more than $200,000.
| ||
(d-5) (Blank).
| ||
(e) Any person who violates this Section with regard to any | ||
other
amount of a controlled substance other than | ||
methamphetamine or counterfeit substance classified in
| ||
Schedule I or II, or an analog thereof, which substance is not
| ||
included under subsection (d) of this Section, is
guilty of a | ||
Class 3 felony. The fine for violation of this subsection (e)
| ||
shall not be more than $150,000.
| ||
(f) Any person who violates this Section with regard to any | ||
other
amount of a controlled or counterfeit substance | ||
classified in
Schedule III is guilty of a Class 3 felony. The | ||
fine for violation of
this subsection (f) shall not be more | ||
than $125,000.
| ||
(g) Any person who violates this Section with regard to any | ||
other
amount of a controlled or counterfeit substance | ||
classified
in Schedule IV is guilty of a Class 3 felony. The | ||
fine for violation of
this subsection (g) shall not be more |
than $100,000.
| ||
(h) Any person who violates this Section with regard to any | ||
other
amount of a controlled or counterfeit substance | ||
classified in
Schedule V is guilty of a Class 3 felony. The | ||
fine for violation of this
subsection (h) shall not be more | ||
than $75,000.
| ||
(i) This Section does not apply to the manufacture, | ||
possession or
distribution of a substance in conformance with | ||
the provisions of an approved
new drug application or an | ||
exemption for investigational use within the
meaning of Section | ||
505 of the Federal Food, Drug and Cosmetic Act.
| ||
(j) (Blank).
| ||
(Source: P.A. 96-347, eff. 1-1-10; 97-997, eff. 1-1-13.)
| ||
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| ||
Sec. 402. Except as otherwise authorized by this Act, it is | ||
unlawful for
any person knowingly to possess a controlled or | ||
counterfeit substance or controlled substance analog.
A | ||
violation of this Act with respect to each of the controlled | ||
substances
listed herein constitutes a single and separate | ||
violation of this Act. For purposes of this Section, | ||
"controlled substance analog" or "analog"
means a substance
| ||
which is intended for human consumption , other than a | ||
controlled substance, that has a chemical structure | ||
substantially similar to that of a controlled
substance in | ||
Schedule I or II, or that was specifically designed to produce
|
an effect substantially similar to that of a controlled | ||
substance in Schedule
I or II. Examples of chemical classes in | ||
which controlled substance analogs
are found include, but are | ||
not limited to, the following: phenethylamines,
N-substituted | ||
piperidines, morphinans, ecgonines, quinazolinones, | ||
substituted
indoles, and arylcycloalkylamines. For purposes of | ||
this Act, a controlled
substance analog shall be treated in the | ||
same manner as the controlled
substance to which it is | ||
substantially similar.
| ||
(a) Any person who violates this Section with respect to | ||
the following
controlled or counterfeit substances and | ||
amounts, notwithstanding any of the
provisions of subsections | ||
(c) and (d) to the
contrary, is guilty of a Class 1 felony and | ||
shall, if sentenced to a term
of imprisonment, be sentenced as | ||
provided in this subsection (a) and fined
as provided in | ||
subsection (b):
| ||
(1) (A) not less than 4 years and not more than 15 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of a substance containing heroin;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to 100
grams or more but less than | ||
400 grams of a substance containing heroin;
| ||
(C) not less than 8 years and not more than 40 | ||
years with respect to 400
grams or more but less than | ||
900 grams of any substance containing heroin;
| ||
(D) not less than 10 years and not more than 50 |
years with respect to
900 grams or more of any | ||
substance containing heroin;
| ||
(2) (A) not less than 4 years and not more than 15 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of any substance containing
cocaine;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to 100
grams or more but less than | ||
400 grams of any substance containing cocaine;
| ||
(C) not less than 8 years and not more than 40 | ||
years with respect to 400
grams or more but less than | ||
900 grams of any substance containing cocaine;
| ||
(D) not less than 10 years and not more than 50 | ||
years with respect to
900 grams or more of any | ||
substance containing cocaine;
| ||
(3) (A) not less than 4 years and not more than 15 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of any substance containing
morphine;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to 100
grams or more but less than | ||
400 grams of any substance containing morphine;
| ||
(C) not less than 6 years and not more than 40 | ||
years with respect to 400
grams or more but less than | ||
900 grams of any substance containing morphine;
| ||
(D) not less than 10 years and not more than 50 | ||
years with respect to
900 grams or more of any | ||
substance containing morphine;
|
(4) 200 grams or more of any substance containing | ||
peyote;
| ||
(5) 200 grams or more of any substance containing a | ||
derivative of
barbituric acid or any of the salts of a | ||
derivative of barbituric acid;
| ||
(6) 200 grams or more of any substance containing | ||
amphetamine or any salt
of an optical isomer of | ||
amphetamine;
| ||
(6.5) (blank);
| ||
(7) (A) not less than 4 years and not more than 15 | ||
years with respect
to: (i) 15 grams or more but less | ||
than 100 grams of any substance containing
lysergic | ||
acid diethylamide (LSD), or an analog thereof, or (ii) | ||
15 or
more objects or 15 or more segregated parts of an | ||
object or objects but
less than 200 objects or 200 | ||
segregated parts of an object or objects
containing in | ||
them or having upon them any amount of any substance
| ||
containing lysergic acid diethylamide (LSD), or an | ||
analog thereof;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect
to: (i) 100 grams or more but less | ||
than 400 grams of any substance
containing lysergic | ||
acid diethylamide (LSD), or an analog thereof, or (ii)
| ||
200 or more objects or 200 or more segregated parts of | ||
an object or objects
but less than 600 objects or less | ||
than 600 segregated parts of an object or
objects |
containing in them or having upon them any amount of | ||
any substance
containing lysergic acid diethylamide | ||
(LSD), or an analog thereof;
| ||
(C) not less than 8 years and not more than 40 | ||
years with respect
to: (i) 400 grams or more but less | ||
than 900 grams of any substance
containing lysergic | ||
acid diethylamide (LSD), or an analog thereof, or (ii)
| ||
600 or more objects or 600 or more segregated parts of | ||
an object or objects
but less than 1500 objects or 1500 | ||
segregated parts of an object or objects
containing in | ||
them or having upon them any amount of any substance
| ||
containing lysergic acid diethylamide (LSD), or an | ||
analog thereof;
| ||
(D) not less than 10 years and not more than 50 | ||
years with respect
to: (i) 900 grams or more of any | ||
substance containing lysergic acid
diethylamide (LSD), | ||
or an analog thereof, or (ii) 1500 or more objects or
| ||
1500 or more segregated parts of an object or objects | ||
containing in them or
having upon them any amount of a | ||
substance containing lysergic acid
diethylamide (LSD), | ||
or an analog thereof;
| ||
(7.5) (A) not less than 4 years and not more than 15 | ||
years with respect
to: (i) 15
grams or more but
less | ||
than 100 grams of any substance listed in paragraph | ||
(1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | ||
(20.1), (21), (25), or (26) of subsection (d) of |
Section 204, or an
analog or derivative
thereof, or | ||
(ii) 15 or more pills, tablets, caplets, capsules, or | ||
objects but
less than 200 pills,
tablets, caplets, | ||
capsules, or objects containing in them or having upon | ||
them
any amount of any
substance listed in paragraph | ||
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||
(20.1),
(21), (25), or (26) of
subsection (d) of | ||
Section 204, or an analog or derivative thereof;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to: (i)
100
grams or more but
less | ||
than 400 grams of any substance listed in paragraph | ||
(1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| ||
(20.1), (21), (25), or (26) of subsection (d) of | ||
Section 204, or an analog or
derivative thereof, or
| ||
(ii) 200 or more pills, tablets, caplets, capsules, or | ||
objects but less than
600
pills, tablets,
caplets, | ||
capsules, or objects containing in them or having upon | ||
them any amount
of any
substance
listed in paragraph | ||
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||
(20.1), (21),
(25), or (26) of subsection
(d) of | ||
Section 204, or an analog or derivative thereof;
| ||
(C) not less than 8 years and not more than 40 | ||
years with respect to: (i)
400
grams or more but
less | ||
than 900 grams of any substance listed in paragraph | ||
(1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| ||
(20.1), (21), (25), or (26) of subsection (d) of |
Section 204, or an analog or
derivative thereof,
or | ||
(ii) 600 or more pills, tablets, caplets, capsules, or | ||
objects but less than
1,500 pills, tablets,
caplets, | ||
capsules, or objects containing in them or having upon | ||
them any amount
of any
substance listed in paragraph | ||
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||
(20.1),
(21), (25), or (26) of
subsection (d) of | ||
Section 204, or an analog or derivative thereof;
| ||
(D) not less than 10 years and not more than 50 | ||
years with respect to:
(i)
900 grams or more of
any | ||
substance listed in paragraph (1), (2), (2.1), (2.2), | ||
(3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | ||
subsection (d) of Section 204, or an analog or | ||
derivative thereof, or (ii)
1,500 or more pills,
| ||
tablets, caplets, capsules, or objects containing in | ||
them or having upon them
any amount of a
substance | ||
listed in paragraph (1), (2), (2.1), (2.2), (3), | ||
(14.1), (19), (20), (20.1),
(21), (25), or (26) of
| ||
subsection (d) of Section 204, or an analog or | ||
derivative thereof;
| ||
(8) 30 grams or more of any substance containing | ||
pentazocine or any of
the salts, isomers and salts of | ||
isomers of pentazocine, or an analog thereof;
| ||
(9) 30 grams or more of any substance containing | ||
methaqualone or any
of the salts, isomers and salts of | ||
isomers of methaqualone;
|
(10) 30 grams or more of any substance containing | ||
phencyclidine or any
of the salts, isomers and salts of | ||
isomers of phencyclidine (PCP);
| ||
(10.5) 30 grams or more of any substance containing | ||
ketamine or any of
the salts, isomers and salts of isomers | ||
of ketamine;
| ||
(11) 200 grams or more of any substance containing any | ||
substance
classified as a narcotic drug in Schedules I or | ||
II, or an analog thereof, which is not otherwise
included | ||
in this subsection.
| ||
(b) Any person sentenced with respect to violations of | ||
paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||
involving 100
grams or more of the
controlled substance named | ||
therein, may in addition to the penalties
provided therein, be | ||
fined an amount not to exceed $200,000 or the full
street value | ||
of the controlled or counterfeit substances, whichever is
| ||
greater. The term "street value" shall have the meaning
| ||
ascribed in Section 110-5 of the Code of Criminal Procedure of | ||
1963. Any
person sentenced with respect to any other provision | ||
of subsection (a), may
in addition to the penalties provided | ||
therein, be fined an amount not to
exceed $200,000.
| ||
(c) Any person who violates this Section with regard to an | ||
amount
of a controlled substance other than methamphetamine or | ||
counterfeit substance not set forth in
subsection (a) or (d) is | ||
guilty of a Class 4 felony. The fine for a
violation punishable | ||
under this subsection (c) shall not be more
than $25,000.
|
(d) Any person who violates this Section with regard to any | ||
amount of
anabolic steroid is guilty of a Class C misdemeanor
| ||
for the first offense and a Class B misdemeanor for a | ||
subsequent offense
committed within 2 years of a prior | ||
conviction.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-347, eff. 1-1-10.)
|