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.)