Full Text of HB5233 97th General Assembly
HB5233enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Food, Drug and Cosmetic Act is | 5 | | amended by changing Sections 2.4, 3.22, 5, and 6 as follows:
| 6 | | (410 ILCS 620/2.4) (from Ch. 56 1/2, par. 502.4)
| 7 | | Sec. 2.4.
(a) "Drug" means (1) articles recognized in the | 8 | | official United
States Pharmacopoeia - National Formulary, | 9 | | official Homeopathic Pharmacopoeia
of the United
States, | 10 | | United States Dispensatory, or Remington's Practice of | 11 | | Pharmacy,
or any supplement to any of them; and (2)
articles | 12 | | intended for use in the diagnosis, cure, mitigation, treatment | 13 | | or
prevention of disease in man or other animals; and (3) | 14 | | articles (other than
food) intended to affect the structure or | 15 | | any function of the body of man
or other animals; and (4) | 16 | | articles intended for use as a component of any
article | 17 | | specified in clause (1), (2) or (3); but does not include | 18 | | devices
or their components, parts or accessories.
| 19 | | (b) "Synthetic drug product" means any product that | 20 | | contains a substance defined as a controlled substance under | 21 | | subsections (d) and (e) of Section 204 of the Illinois | 22 | | Controlled Substances Act. Products approved by the U.S. Food | 23 | | and Drug Administration for human consumption are not synthetic |
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| 1 | | drug products. | 2 | | (Source: P.A. 84-891.)
| 3 | | (410 ILCS 620/3.22) (from Ch. 56 1/2, par. 503.22)
| 4 | | Sec. 3.22.
(a) Whoever knowingly distributes, or possesses | 5 | | with intent to
distribute, human growth hormone for any use in | 6 | | humans other than the
treatment of a disease or other | 7 | | recognized medical condition, where the use
has been authorized | 8 | | by the Secretary of Health and Human Services and under
the | 9 | | order of a physician, is guilty of a Class 3 felony, and may be | 10 | | fined
an amount not to exceed $50,000. As used in this Section, | 11 | | the term "human growth hormone" means somatrem, somatropin, or | 12 | | an analogue of either of them.
| 13 | | (b) Whoever distributes, or possesses with intent to | 14 | | distribute, a synthetic drug product or a drug that is | 15 | | misbranded under this Act is guilty of a Class 2 felony and may | 16 | | be fined an amount not to exceed $100,000. A person convicted | 17 | | of a second or subsequent violation of this Section is guilty | 18 | | of a Class 1 felony, the fine for which shall not exceed | 19 | | $250,000. | 20 | | (c) Whoever falsely advertises a synthetic drug product is | 21 | | guilty of a Class 3 felony and may be fined an amount not to | 22 | | exceed $100,000. | 23 | | (d) Whoever commits any offense set forth in this Section | 24 | | and the offense
involves an individual under 18 years of age is | 25 | | punishable by not more than
10 years imprisonment, and twice |
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| 1 | | the fine authorized above. Any conviction
for a violation of | 2 | | this Section shall be considered a violation of the
Illinois | 3 | | Controlled Substances Act for the purposes of forfeiture under
| 4 | | Section 505 of such Act. As used in this Section the term | 5 | | "human growth
hormone" means somatrem, somatropin, or an | 6 | | analogue of either of them. The
Department of State Police and | 7 | | Department of Professional Regulation are
authorized to | 8 | | investigate offenses punishable by this Section.
| 9 | | (e) Any person convicted under this Section is subject to | 10 | | the forfeiture provisions set forth in subsections (c), (d), | 11 | | (e), (f), (g), (h), and (i) of Section 3.23 of this Act. | 12 | | (Source: P.A. 87-754.)
| 13 | | (410 ILCS 620/5) (from Ch. 56 1/2, par. 505)
| 14 | | Sec. 5.
(a) A person who violates any of the provisions of | 15 | | this Act,
other than Sections 3.22 and 6, is guilty of a Class | 16 | | C misdemeanor; but if
the violation is committed after a | 17 | | conviction of such person under this
Section has become final, | 18 | | the person shall be guilty of a Class A
misdemeanor. A person | 19 | | who violates the provisions of Section 6 of this Act
is guilty | 20 | | of a Class A misdemeanor; but if the violation is committed | 21 | | after
a conviction of such person under this Section has become | 22 | | final, the person
shall be guilty of a Class 4 felony.
| 23 | | (b) No person is subject to the penalties of subsection (a) | 24 | | of this
Section for (1) violating Section 3.1 or 3.3 if he | 25 | | establishes a guaranty or
undertaking signed by and containing |
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| 1 | | the name and address of the person
residing in the State of | 2 | | Illinois from whom he received the article in good
faith, to | 3 | | the effect that the article is not adulterated or misbranded
| 4 | | within the meaning of this Act, designating this Act; or (2) | 5 | | for having
violated clause (2) of Section 3.16 if such person | 6 | | acted in good faith and
had no reason to believe that the use | 7 | | of the punch, die, plate, stone or
other thing involved would | 8 | | result in a drug being a counterfeit drug, or
for having | 9 | | violated clause (3) of Section 3.16 if the person doing the act
| 10 | | or causing it to be done acted in good faith and had no reason | 11 | | to believe
that the drug was a counterfeit drug.
| 12 | | (c) No publisher, radio-broadcast licensee, agency or | 13 | | medium for the
dissemination of an advertisement, except the | 14 | | manufacturer, packer,
distributor or seller of the article to | 15 | | which a false advertisement relates
is liable under this | 16 | | Section for the dissemination of such false
advertisement | 17 | | unless he has refused on the request of the Director to
furnish | 18 | | the Director the name and post office address of the | 19 | | manufacturer,
packer, distributor, seller or advertising | 20 | | agency residing in the State of
Illinois who causes him to | 21 | | disseminate such advertisement.
| 22 | | (d) No person shall be subject to the penalties of | 23 | | subsection (a) of
this Section for a violation of Section 3 | 24 | | involving misbranded food if the
violation exists solely | 25 | | because the food is misbranded under subsection
(c) of Section | 26 | | 11 because of its advertising, and no person shall be
subject |
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| 1 | | to the penalties of subsection (a) of this Section for such a
| 2 | | violation unless the violation is committed with the intent to | 3 | | defraud
or mislead.
| 4 | | (Source: P.A. 86-704; 87-754.)
| 5 | | (410 ILCS 620/6) (from Ch. 56 1/2, par. 506)
| 6 | | Sec. 6.
(a) When an authorized agent of the Director finds | 7 | | or has probable
cause to believe that any food, drug, device or | 8 | | cosmetic is adulterated or
so misbranded as to be dangerous or | 9 | | fraudulent within the meaning of this
Act , or is in violation | 10 | | of Section 12, 17 or 17.1 of this Act, or is suspected to be a | 11 | | synthetic drug product, he or she
shall affix to such article a | 12 | | tag or other appropriate marking
giving notice that the article | 13 | | is or is suspected of being adulterated or
misbranded and has | 14 | | been detained or embargoed and warning all persons not
to | 15 | | remove or dispose of such article by sale or otherwise until | 16 | | permission
for removal or disposal is given by such agent or | 17 | | the court. It is unlawful
for any person to remove or dispose | 18 | | of such detained or embargoed article
by sale or otherwise | 19 | | without such permission.
| 20 | | (b) When an article detained or embargoed under subsection | 21 | | (a) of this
Section is found by such agent to be adulterated or | 22 | | misbranded or to be
in violation of Section 12, 17 or 17.1 of | 23 | | this Act or is suspected to be a synthetic drug product ,
he or | 24 | | she shall petition the
circuit court in whose jurisdiction the | 25 | | article is detained or embargoed
for a libel for condemnation |
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| 1 | | of such article. When such agent finds that an
article so | 2 | | detained or embargoed is not adulterated or misbranded or is | 3 | | not a synthetic drug product , he or
she shall remove the tag or | 4 | | other marking.
| 5 | | (c) If the court finds that a detained or embargoed article | 6 | | is
adulterated or misbranded, such article shall, after entry | 7 | | of the judgment, be
destroyed at the expense of the claimant | 8 | | thereof, under the supervision
of such agent, and all court | 9 | | costs and fees, and storage and other proper
expenses, shall be | 10 | | taxed against the claimant of such article or his or her
agent. | 11 | | However, when the adulteration or misbranding can be corrected | 12 | | by proper
labeling or processing of the article, the court, | 13 | | after entry of the judgment
and after such costs, fees and | 14 | | expenses have been paid and a good and
sufficient bond, | 15 | | conditioned that such article shall be so labeled or
processed, | 16 | | has been executed, may by order direct that such article be
| 17 | | delivered to the claimant thereof for such labeling or | 18 | | processing under the
supervision of an agent of the Director. | 19 | | The expense of such supervision
shall be paid by the claimant. | 20 | | The article shall be returned to the claimant
and the bond | 21 | | shall be discharged on the representation to the court by the
| 22 | | Director that the article is no longer in violation of this | 23 | | Act, and that
the expenses of such supervision have been paid.
| 24 | | (d) Whenever the Director or any of his or her authorized | 25 | | agents finds
in any room, building, vehicle of transportation | 26 | | or other structure, any
meat, sea food, poultry, vegetable, |
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| 1 | | fruit or other perishable articles
which contain any filthy, | 2 | | decomposed or putrid substance, or that may be
poisonous or | 3 | | deleterious to health or otherwise unsafe, the same being
| 4 | | hereby declared to be a nuisance, the Director or his or her | 5 | | authorized
agent shall condemn or destroy the same, or in any | 6 | | other manner render the
same unusable as human food.
| 7 | | (Source: P.A. 85-564.)
| 8 | | Section 10. The Illinois Controlled Substances Act is | 9 | | amended by changing Section 204 as follows: | 10 | | (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204) | 11 | | Sec. 204. (a) The controlled substances listed in this | 12 | | Section are
included in Schedule I. | 13 | | (b) Unless specifically excepted or unless listed in | 14 | | another
schedule, any of the following opiates, including their | 15 | | isomers,
esters, ethers, salts, and salts of isomers, esters, | 16 | | and ethers,
whenever the existence of such isomers, esters, | 17 | | ethers and salts is
possible within the specific chemical | 18 | | designation: | 19 | | (1) Acetylmethadol; | 20 | | (1.1) Acetyl-alpha-methylfentanyl | 21 | | (N-[1-(1-methyl-2-phenethyl)-
| 22 | | 4-piperidinyl]-N-phenylacetamide); | 23 | | (2) Allylprodine; | 24 | | (3) Alphacetylmethadol, except
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| 1 | | levo-alphacetylmethadol (also known as levo-alpha-
| 2 | | acetylmethadol, levomethadyl acetate, or LAAM); | 3 | | (4) Alphameprodine; | 4 | | (5) Alphamethadol; | 5 | | (6) Alpha-methylfentanyl
| 6 | | (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
| 7 | | propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
| 8 | | propanilido) piperidine; | 9 | | (6.1) Alpha-methylthiofentanyl
| 10 | | (N-[1-methyl-2-(2-thienyl)ethyl-
| 11 | | 4-piperidinyl]-N-phenylpropanamide); | 12 | | (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP); | 13 | | (7.1) PEPAP
| 14 | | (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); | 15 | | (8) Benzethidine; | 16 | | (9) Betacetylmethadol; | 17 | | (9.1) Beta-hydroxyfentanyl
| 18 | | (N-[1-(2-hydroxy-2-phenethyl)-
| 19 | | 4-piperidinyl]-N-phenylpropanamide); | 20 | | (10) Betameprodine; | 21 | | (11) Betamethadol; | 22 | | (12) Betaprodine; | 23 | | (13) Clonitazene; | 24 | | (14) Dextromoramide; | 25 | | (15) Diampromide; | 26 | | (16) Diethylthiambutene; |
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| 1 | | (17) Difenoxin; | 2 | | (18) Dimenoxadol; | 3 | | (19) Dimepheptanol; | 4 | | (20) Dimethylthiambutene; | 5 | | (21) Dioxaphetylbutyrate; | 6 | | (22) Dipipanone; | 7 | | (23) Ethylmethylthiambutene; | 8 | | (24) Etonitazene; | 9 | | (25) Etoxeridine; | 10 | | (26) Furethidine; | 11 | | (27) Hydroxpethidine; | 12 | | (28) Ketobemidone; | 13 | | (29) Levomoramide; | 14 | | (30) Levophenacylmorphan; | 15 | | (31) 3-Methylfentanyl
| 16 | | (N-[3-methyl-1-(2-phenylethyl)-
| 17 | | 4-piperidyl]-N-phenylpropanamide); | 18 | | (31.1) 3-Methylthiofentanyl
| 19 | | (N-[(3-methyl-1-(2-thienyl)ethyl-
| 20 | | 4-piperidinyl]-N-phenylpropanamide); | 21 | | (32) Morpheridine; | 22 | | (33) Noracymethadol; | 23 | | (34) Norlevorphanol; | 24 | | (35) Normethadone; | 25 | | (36) Norpipanone; | 26 | | (36.1) Para-fluorofentanyl
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| 1 | | (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
| 2 | | 4-piperidinyl]propanamide); | 3 | | (37) Phenadoxone; | 4 | | (38) Phenampromide; | 5 | | (39) Phenomorphan; | 6 | | (40) Phenoperidine; | 7 | | (41) Piritramide; | 8 | | (42) Proheptazine; | 9 | | (43) Properidine; | 10 | | (44) Propiram; | 11 | | (45) Racemoramide; | 12 | | (45.1) Thiofentanyl
| 13 | | (N-phenyl-N-[1-(2-thienyl)ethyl-
| 14 | | 4-piperidinyl]-propanamide); | 15 | | (46) Tilidine; | 16 | | (47) Trimeperidine; | 17 | | (48) Beta-hydroxy-3-methylfentanyl (other name:
| 18 | | N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
| 19 | | N-phenylpropanamide). | 20 | | (c) Unless specifically excepted or unless listed in | 21 | | another
schedule, any of the following opium derivatives, its | 22 | | salts, isomers
and salts of isomers, whenever the existence of | 23 | | such salts, isomers and
salts of isomers is possible within the | 24 | | specific chemical designation: | 25 | | (1) Acetorphine; | 26 | | (2) Acetyldihydrocodeine; |
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| 1 | | (3) Benzylmorphine; | 2 | | (4) Codeine methylbromide; | 3 | | (5) Codeine-N-Oxide; | 4 | | (6) Cyprenorphine; | 5 | | (7) Desomorphine; | 6 | | (8) Diacetyldihydromorphine (Dihydroheroin); | 7 | | (9) Dihydromorphine; | 8 | | (10) Drotebanol; | 9 | | (11) Etorphine (except hydrochloride salt); | 10 | | (12) Heroin; | 11 | | (13) Hydromorphinol; | 12 | | (14) Methyldesorphine; | 13 | | (15) Methyldihydromorphine; | 14 | | (16) Morphine methylbromide; | 15 | | (17) Morphine methylsulfonate; | 16 | | (18) Morphine-N-Oxide; | 17 | | (19) Myrophine; | 18 | | (20) Nicocodeine; | 19 | | (21) Nicomorphine; | 20 | | (22) Normorphine; | 21 | | (23) Pholcodine; | 22 | | (24) Thebacon. | 23 | | (d) Unless specifically excepted or unless listed in | 24 | | another
schedule, any material, compound, mixture, or | 25 | | preparation which contains
any quantity of the following | 26 | | hallucinogenic substances, or which
contains any of its salts, |
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| 1 | | isomers and salts of isomers, whenever the
existence of such | 2 | | salts, isomers, and salts of isomers is possible
within the | 3 | | specific chemical designation (for the purposes of this
| 4 | | paragraph only, the term "isomer" includes the optical, | 5 | | position and
geometric isomers): | 6 | | (1) 3,4-methylenedioxyamphetamine
| 7 | | (alpha-methyl,3,4-methylenedioxyphenethylamine,
| 8 | | methylenedioxyamphetamine, MDA); | 9 | | (1.1) Alpha-ethyltryptamine
| 10 | | (some trade or other names: etryptamine;
| 11 | | MONASE; alpha-ethyl-1H-indole-3-ethanamine;
| 12 | | 3-(2-aminobutyl)indole; a-ET; and AET); | 13 | | (2) 3,4-methylenedioxymethamphetamine (MDMA); | 14 | | (2.1) 3,4-methylenedioxy-N-ethylamphetamine
| 15 | | (also known as: N-ethyl-alpha-methyl-
| 16 | | 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
| 17 | | and MDEA); | 18 | | (2.2) N-Benzylpiperazine (BZP); | 19 | | (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); | 20 | | (4) 3,4,5-trimethoxyamphetamine (TMA); | 21 | | (5) (Blank); | 22 | | (6) Diethyltryptamine (DET); | 23 | | (7) Dimethyltryptamine (DMT); | 24 | | (7.1) 5-Methoxy-diallyltryptamine; | 25 | | (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP); | 26 | | (9) Ibogaine (some trade and other names:
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| 1 | | 7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
| 2 | | 6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
| 3 | | indole; Tabernanthe iboga); | 4 | | (10) Lysergic acid diethylamide; | 5 | | (10.1) Salvinorin A; | 6 | | (10.5) Salvia divinorum (meaning all parts of the plant | 7 | | presently classified
botanically as Salvia divinorum, | 8 | | whether growing or not, the
seeds thereof, any extract from | 9 | | any part of that plant, and every compound,
manufacture, | 10 | | salts, isomers, and salts of
isomers whenever the existence | 11 | | of such salts, isomers, and salts of
isomers is possible | 12 | | within the specific chemical designation, derivative, | 13 | | mixture, or preparation of that plant, its
seeds or | 14 | | extracts);
| 15 | | (11) 3,4,5-trimethoxyphenethylamine (Mescaline); | 16 | | (12) Peyote (meaning all parts of the plant presently | 17 | | classified
botanically as Lophophora williamsii
Lemaire, | 18 | | whether growing or not, the
seeds thereof, any extract from | 19 | | any part of that plant, and every compound,
manufacture, | 20 | | salts, derivative, mixture, or preparation of that plant, | 21 | | its
seeds or extracts); | 22 | | (13) N-ethyl-3-piperidyl benzilate (JB 318); | 23 | | (14) N-methyl-3-piperidyl benzilate; | 24 | | (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
| 25 | | (also known as N-hydroxy-alpha-methyl-
| 26 | | 3,4(methylenedioxy)phenethylamine and N-hydroxy MDA); |
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| 1 | | (15) Parahexyl; some trade or other names:
| 2 | | 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
| 3 | | dibenzo (b,d) pyran; Synhexyl; | 4 | | (16) Psilocybin; | 5 | | (17) Psilocyn; | 6 | | (18) Alpha-methyltryptamine (AMT); | 7 | | (19) 2,5-dimethoxyamphetamine
| 8 | | (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); | 9 | | (20) 4-bromo-2,5-dimethoxyamphetamine
| 10 | | (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
| 11 | | 4-bromo-2,5-DMA); | 12 | | (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
| 13 | | Some trade or other names: 2-(4-bromo-
| 14 | | 2,5-dimethoxyphenyl)-1-aminoethane;
| 15 | | alpha-desmethyl DOB, 2CB, Nexus; | 16 | | (21) 4-methoxyamphetamine
| 17 | | (4-methoxy-alpha-methylphenethylamine;
| 18 | | paramethoxyamphetamine; PMA); | 19 | | (22) (Blank); | 20 | | (23) Ethylamine analog of phencyclidine.
| 21 | | Some trade or other names:
| 22 | | N-ethyl-1-phenylcyclohexylamine,
| 23 | | (1-phenylcyclohexyl) ethylamine,
| 24 | | N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE; | 25 | | (24) Pyrrolidine analog of phencyclidine. Some trade | 26 | | or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, |
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| 1 | | PHP; | 2 | | (25) 5-methoxy-3,4-methylenedioxy-amphetamine; | 3 | | (26) 2,5-dimethoxy-4-ethylamphetamine
| 4 | | (another name: DOET); | 5 | | (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
| 6 | | (another name: TCPy); | 7 | | (28) (Blank); | 8 | | (29) Thiophene analog of phencyclidine (some trade
| 9 | | or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
| 10 | | 2-thienyl analog of phencyclidine; TPCP; TCP); | 11 | | (30) Bufotenine (some trade or other names:
| 12 | | 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
| 13 | | 3-(2-dimethylaminoethyl)-5-indolol;
| 14 | | 5-hydroxy-N,N-dimethyltryptamine;
| 15 | | N,N-dimethylserotonin; mappine); | 16 | | (31) 1-Pentyl-3-(1-naphthoyl)indole | 17 | | Some trade or other names: JWH-018; | 18 | | (32) 1-Butyl-3-(1-naphthoyl)indole | 19 | | Some trade or other names: JWH-073; | 20 | | (33) 1-[(5-fluoropentyl)-1H-indol-3-yl]- | 21 | | (2-iodophenyl)methanone | 22 | | Some trade or other names: AM-694; | 23 | | (34) 2-[ ( 1R,3S)-3-hydroxycyclohexyl]-5- | 24 | | (2-methyloctan-2-yl)phenol | 25 | | Some trade or other names: CP 47,497 47, 497 | 26 | | and its C6, C8 and C9 homologs; |
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| 1 | | (34.5) (33) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- | 2 | | (2-methyloctan-2-yl)phenol), where side chain n=5; | 3 | | and homologues where side chain n=4, 6, or 7; Some | 4 | | trade or other names: CP 47,497; | 5 | | (35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- | 6 | | (2-methyloctan-2-yl)-6a,7, | 7 | | 10,10a-tetrahydrobenzo[c]chromen-1-ol | 8 | | Some trade or other names: HU-210; | 9 | | (35.5) (34) (6aS,10aS)-9-(hydroxymethyl)-6,6- | 10 | | dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- | 11 | | tetrahydrobenzo[c]chromen-1-ol, its isomers, | 12 | | salts, and salts of isomers; Some trade or other | 13 | | names: HU-210, Dexanabinol; | 14 | | (36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)- | 15 | | 6,6-dimethyl-3-(2-methyloctan-2-yl)- | 16 | | 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol | 17 | | Some trade or other names: HU-211; | 18 | | (37) (2-methyl-1-propyl-1H-indol- | 19 | | 3-yl)-1-naphthalenyl-methanone | 20 | | Some trade or other names: JWH-015; | 21 | | (38) 4-methoxynaphthalen-1-yl- | 22 | | (1-pentylindol-3-yl)methanone | 23 | | Some trade or other names: JWH-081; | 24 | | (39) ( 1-Pentyl-3-(4-methyl-1-naphthoyl)indole | 25 | | Some trade or other names: JWH-122; | 26 | | (40) 2-(2-methylphenyl)-1-(1-pentyl- |
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| 1 | | 1H-indol-3-yl)-ethanone | 2 | | Some trade or other names: JWH-251; | 3 | | (41) 1-(2-cyclohexylethyl)-3- | 4 | | (2-methoxyphenylacetyl)indole | 5 | | Some trade or other names: RCS-8, BTW-8 and SR-18 ; . | 6 | | (42) (33) Any compound structurally derived from | 7 | | 3-(1-naphthoyl)indole or 1H-indol-3-yl- | 8 | | (1-naphthyl)methane by substitution at the | 9 | | nitrogen atom of the indole ring by alkyl, haloalkyl, | 10 | | alkenyl, cycloalkylmethyl, cycloalkylethyl or | 11 | | 2-(4-morpholinyl)ethyl whether or not further | 12 | | substituted in the indole ring to any extent, whether | 13 | | or not substituted in the naphthyl ring to any extent; | 14 | | (43) (34) Any compound structurally derived from | 15 | | 3-(1-naphthoyl)pyrrole by substitution at the nitrogen | 16 | | atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, | 17 | | cycloalkylmethyl, cycloalkylethyl or | 18 | | 2-(4-morpholinyl)ethyl, whether or not further | 19 | | substituted in the pyrrole ring to any extent, whether | 20 | | or not substituted in the naphthyl ring to any extent; | 21 | | (44) (35) Any compound structurally derived from | 22 | | 1-(1-naphthylmethyl)indene by substitution | 23 | | at the 3-position of the indene ring by alkyl, haloalkyl, | 24 | | alkenyl, cycloalkylmethyl, cycloalkylethyl or | 25 | | 2-(4-morpholinyl)ethyl whether or not further | 26 | | substituted in the indene ring to any extent, whether |
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| 1 | | or not substituted in the naphthyl ring to any extent; | 2 | | (45) (36) Any compound structurally derived from | 3 | | 3-phenylacetylindole by substitution at the | 4 | | nitrogen atom of the indole ring with alkyl, haloalkyl, | 5 | | alkenyl, cycloalkylmethyl, cycloalkylethyl or | 6 | | 2-(4-morpholinyl)ethyl, whether or not further | 7 | | substituted in the indole ring to any extent, whether | 8 | | or not substituted in the phenyl ring to any extent; | 9 | | (46) (37) Any compound structurally derived from | 10 | | 2-(3-hydroxycyclohexyl)phenol by substitution | 11 | | at the 5-position of the phenolic ring by alkyl, | 12 | | haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl | 13 | | or 2-(4-morpholinyl)ethyl, whether or not substituted | 14 | | in the cyclohexyl ring to any extent ; . | 15 | | (47) (33) 3,4-Methylenedioxymethcathinone | 16 | | Some trade or other names: Methylone; | 17 | | (48) (34) 3,4-Methyenedioxypyrovalerone | 18 | | Some trade or other names: MDPV; | 19 | | (49) (35) 4-Methylmethcathinone | 20 | | Some trade or other names: Mephedrone; | 21 | | (50) (36) 4-methoxymethcathinone; | 22 | | (51) (37) 4-Fluoromethcathinone; | 23 | | (52) (38) 3-Fluoromethcathinone ; . | 24 | | (53) (35) 2,5-Dimethoxy-4-(n)-propylthio- | 25 | | phenethylamine; | 26 | | (54) (36) 5-Methoxy-N,N-diisopropyltryptamine ; . |
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| 1 | | (55) Pentedrone. | 2 | | (e) Unless specifically excepted or unless listed in | 3 | | another
schedule, any material, compound, mixture, or | 4 | | preparation which contains
any quantity of the following | 5 | | substances having a depressant effect on
the central nervous | 6 | | system, including its salts, isomers, and salts of
isomers | 7 | | whenever the existence of such salts, isomers, and salts of
| 8 | | isomers is possible within the specific chemical designation: | 9 | | (1) mecloqualone; | 10 | | (2) methaqualone; and | 11 | | (3) gamma hydroxybutyric acid. | 12 | | (f) Unless specifically excepted or unless listed in | 13 | | another schedule,
any material, compound, mixture, or | 14 | | preparation which contains any quantity
of the following | 15 | | substances having a stimulant effect on the central nervous
| 16 | | system, including its salts, isomers, and salts of isomers: | 17 | | (1) Fenethylline; | 18 | | (2) N-ethylamphetamine; | 19 | | (3) Aminorex (some other names:
| 20 | | 2-amino-5-phenyl-2-oxazoline; aminoxaphen;
| 21 | | 4-5-dihydro-5-phenyl-2-oxazolamine) and its
| 22 | | salts, optical isomers, and salts of optical isomers; | 23 | | (4) Methcathinone (some other names:
| 24 | | 2-methylamino-1-phenylpropan-1-one;
| 25 | | Ephedrone; 2-(methylamino)-propiophenone;
| 26 | | alpha-(methylamino)propiophenone; N-methylcathinone;
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| 1 | | methycathinone; Monomethylpropion; UR 1431) and its
| 2 | | salts, optical isomers, and salts of optical isomers; | 3 | | (5) Cathinone (some trade or other names:
| 4 | | 2-aminopropiophenone; alpha-aminopropiophenone;
| 5 | | 2-amino-1-phenyl-propanone; norephedrone); | 6 | | (6) N,N-dimethylamphetamine (also known as:
| 7 | | N,N-alpha-trimethyl-benzeneethanamine;
| 8 | | N,N-alpha-trimethylphenethylamine); | 9 | | (7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
| 10 | | 4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine); | 11 | | (8) 3,4-Methylenedioxypyrovalerone (MDPV). | 12 | | (g) Temporary listing of substances subject to emergency | 13 | | scheduling.
Any material, compound, mixture, or preparation | 14 | | that contains any quantity
of the following substances: | 15 | | (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
| 16 | | (benzylfentanyl), its optical isomers, isomers, salts,
| 17 | | and salts of isomers; | 18 | | (2) N-[1(2-thienyl)
| 19 | | methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
| 20 | | its optical isomers, salts, and salts of isomers. | 21 | | (Source: P.A. 96-347, eff. 1-1-10; 96-1285, eff. 1-1-11; | 22 | | 97-192, eff. 7-22-11; 97-193, eff. 1-1-12; 97-194, eff. | 23 | | 7-22-11; 97-334, eff. 1-1-12; revised 9-14-11.)
| 24 | | Section 15. The Drug Paraphernalia Control Act is amended | 25 | | by changing Section 2 as follows:
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| 1 | | (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
| 2 | | Sec. 2. As used in this Act, unless the context otherwise | 3 | | requires:
| 4 | | (a) The term "cannabis" shall have the meaning ascribed to | 5 | | it in Section
3 of the Cannabis Control Act, as if that | 6 | | definition were incorporated
herein.
| 7 | | (b) The term "controlled substance" shall have the meaning | 8 | | ascribed to
it in Section 102 of the Illinois Controlled | 9 | | Substances Act, as if that
definition were incorporated herein.
| 10 | | (c) "Deliver" or "delivery" means the actual, constructive | 11 | | or attempted
transfer of possession, with or without | 12 | | consideration, whether or not there
is an agency relationship.
| 13 | | (d) "Drug paraphernalia" means all equipment, products and | 14 | | materials of
any kind, other than methamphetamine | 15 | | manufacturing materials as defined in Section 10 of the | 16 | | Methamphetamine Control and Community Protection Act, which | 17 | | are intended to be used unlawfully in planting, propagating,
| 18 | | cultivating, growing, harvesting, manufacturing, compounding,
| 19 | | converting, producing, processing, preparing, testing, | 20 | | analyzing, packaging,
repackaging, storing, containing, | 21 | | concealing, injecting, ingesting, inhaling
or otherwise | 22 | | introducing into the human body cannabis or a controlled | 23 | | substance
in violation of the Cannabis Control Act, the | 24 | | Illinois Controlled
Substances
Act, or the Methamphetamine | 25 | | Control and Community Protection Act or a synthetic drug |
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| 1 | | product or misbranded drug in violation of the Illinois Food, | 2 | | Drug and Cosmetic Act . It
includes, but is not limited to:
| 3 | | (1) kits intended to be used unlawfully in | 4 | | manufacturing, compounding,
converting,
producing, | 5 | | processing or preparing cannabis or a controlled | 6 | | substance;
| 7 | | (2) isomerization devices intended to be used | 8 | | unlawfully in increasing
the potency of any species of | 9 | | plant which is cannabis or a controlled
substance;
| 10 | | (3) testing equipment intended to be used unlawfully in | 11 | | a private home for
identifying
or in analyzing the | 12 | | strength, effectiveness or purity of cannabis or | 13 | | controlled
substances;
| 14 | | (4) diluents and adulterants intended to be used | 15 | | unlawfully for cutting
cannabis
or a controlled substance | 16 | | by private persons;
| 17 | | (5) objects intended to be used unlawfully in | 18 | | ingesting, inhaling,
or otherwise introducing cannabis, | 19 | | cocaine, hashish, or hashish oil , or a synthetic drug | 20 | | product or misbranded drug in violation of the Illinois | 21 | | Food, Drug and Cosmetic Act into
the human body including, | 22 | | where applicable, the following items:
| 23 | | (A) water pipes;
| 24 | | (B) carburetion tubes and devices;
| 25 | | (C) smoking and carburetion masks;
| 26 | | (D) miniature cocaine spoons and cocaine vials;
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| 1 | | (E) carburetor pipes;
| 2 | | (F) electric pipes;
| 3 | | (G) air-driven pipes;
| 4 | | (H) chillums;
| 5 | | (I) bongs;
| 6 | | (J) ice pipes or chillers;
| 7 | | (6) any item whose purpose, as announced or described | 8 | | by the seller, is
for use in violation of this Act.
| 9 | | (Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05 .)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law. |
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