Public Act 93-0278

SB1468 Enrolled                      LRB093 08544 RLC 08770 b

    AN ACT in relation to criminal law.

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

    Section  5.   The  Illinois  Controlled Substances Act is
amended by changing Section 401 as follows:

    (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: (i) manufacture or
deliver, or possess with intent to manufacture or deliver,  a
controlled  or  counterfeit substance or controlled substance
analog or  (ii)  possess  any  methamphetamine  manufacturing
chemical  listed  in  paragraph (z-1) of Section 102 with the
intent to manufacture  methamphetamine  or  the  salt  of  an
optical  isomer  of  methamphetamine or an analog thereof.  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), (c-5), (d), (d-5),  (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;
         (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) (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
         methamphetamine  or any salt of an optical isomer of
         methamphetamine, 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
         methamphetamine  or any salt of an optical isomer of
         methamphetamine, 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
         methamphetamine or any salt of an optical isomer  of
         methamphetamine, 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 methamphetamine or any salt of
         an optical isomer of methamphetamine, or  an  analog
         thereof.
         (6.6) (A)  not  less  than 6 years and not more than
         30 years for the possession of  any  methamphetamine
         manufacturing  chemical set forth in paragraph (z-1)
         of Section 102 with intent to manufacture  30  grams
         or  more  but  less  than 150 grams of any substance
         containing methamphetamine, or salt of  any  optical
         isomer of methamphetamine, or an analog thereof;
              (B)  not less than 6 years and not more than 40
         years  for  the  possession  of  any methamphetamine
         manufacturing chemical set forth in paragraph  (z-1)
         of  Section 102 with intent to manufacture 150 grams
         or more but less than 500  grams  of  any  substance
         containing  methamphetamine,  or  salt of an optical
         isomer of methamphetamine, or an analog thereof;
              (C)  not less than 6 years and not more than 50
         years for  the  possession  of  any  methamphetamine
         manufacturing  chemical set forth in paragraph (z-1)
         of Section 102 with intent to manufacture 500  grams
         or  more  but  less than 1200 grams of any substance
         containing methamphetamine, or salt  of  an  optical
         isomer of methamphetamine, or an analog thereof;
              (D)  not less than 6 years and not more than 60
         years  for  the  possession  of  any methamphetamine
         manufacturing chemical set forth in paragraph  (z-1)
         of Section 102 with intent to manufacture 1200 grams
         or more of any substance containing methamphetamine,
         or  salt of an optical isomer of methamphetamine, or
         an analog thereof;
         (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),  (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), (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), (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),  (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), (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), (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),  (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), (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;
         (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),  (6.5),  (6.6),  (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.
    (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;
         (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)  5 grams or more but less than 15 grams of any
    substance  containing  methamphetamine  or  any  salt  or
    optical isomer of methamphetamine, or an analog thereof;
         (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), (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),  (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;
         (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)  Any person who violates this Section  with  regard
to  possession  of any methamphetamine manufacturing chemical
set forth in paragraph (z-1) of Section 102  with  intent  to
manufacture  15  grams  or  more  but  less  than 30 grams of
methamphetamine,  or   salt   of   an   optical   isomer   of
methamphetamine or any analog thereof, is guilty of a Class 1
felony.   The  fine  for  violation  of this subsection (c-5)
shall not be more than $250,000.
    (d)  Any person who violates this Section with regard  to
any  other  amount  of  a controlled or counterfeit substance
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,  or  (iii)  any substance containing
amphetamine or methamphetamine or any salt or optical  isomer
of  amphetamine  or methamphetamine, 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)  Any  person  who violates this Section with regard
to possession of any methamphetamine  manufacturing  chemical
set  forth  in  paragraph (z-1) of Section 102 with intent to
manufacture less than 15 grams of methamphetamine, or salt of
an optical isomer of methamphetamine or any  analog  thereof,
is  guilty  of  a  Class 2 felony.  The fine for violation of
this subsection (d-5) shall not be more than $200,000.
    (e)  Any person who violates this Section with regard  to
any  other  amount  of  a controlled 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)  The presence of  any  methamphetamine  manufacturing
chemical in a sealed, factory imprinted container, including,
but not limited to a bottle, box, or plastic blister package,
at  the  time  of  seizure by law enforcement, is prima facie
evidence  that  the  methamphetamine  manufacturing  chemical
located within the container  is  in  fact  the  chemical  so
described  and  in  the  amount  and  dosage  listed  on  the
container.  The factory imprinted container is admissible for
a  violation  of  this  Section  for  purposes of proving the
contents of the container.
(Source: P.A. 91-336,  eff.  1-1-00;  91-357,  eff.  7-29-99;
91-403,  eff.  1-1-00;  92-16,  eff.  6-28-01;  92-256,  eff.
1-1-02; 92-698, eff. 7-19-02.)