(720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
Sec. 508.
(a) The Department shall encourage research on controlled
substances. In connection with the research, and in furtherance of the
purposes of this Act, the Department may:
(1) establish methods to assess accurately the effect |
| of controlled substances and identify and characterize those with potential for abuse;
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(2) make studies and undertake programs of research
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(i) develop new or improved approaches,
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| techniques, systems, equipment and devices to strengthen the enforcement of this Act;
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(ii) determine patterns of use, misuse, and abuse
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| of controlled substances and their social effects; and
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(iii) improve methods for preventing, predicting,
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| understanding, and dealing with the use, misuse and abuse of controlled substances; and
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(3) enter into contracts with public agencies,
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| educational institutions, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which relate to the use, misuse and abuse of controlled substances.
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(b) Persons authorized to engage in research may be authorized by the
Department to protect the privacy of individuals who are
the subjects of such research by withholding from all persons not connected
with the conduct of the research the names and other identifying
characteristics of such individuals. Persons who are given this
authorization shall not be compelled in any civil, criminal,
administrative, legislative or other proceeding to identify the individuals
who are the subjects of research for which the authorization was granted,
except to the extent necessary to permit the Department to
determine whether the research is being conducted in accordance with the
authorization.
(c) The Department may authorize the possession and dispensing of
controlled substances by persons engaged in research, upon such terms and
conditions as may be consistent with the public health and safety. The
Department may also approve research and treatment
programs involving the administration of Methadone. The use of Methadone,
or any similar controlled substance by any person is prohibited in this
State except as approved and authorized by the Department
in accordance with its rules and regulations. To the extent of the
applicable authorization, persons are exempt from prosecution in this State
for possession, manufacture or delivery of controlled substances.
(d) Practitioners registered under Federal law to conduct research with
Schedule I substances may conduct research with Schedule I substances within
this State upon furnishing evidence of that Federal registration and notification
of the scope and purpose of such research to the Department.
(Source: P.A. 96-328, eff. 8-11-09.)
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(720 ILCS 570/510) Sec. 510. Preservation of evidence for laboratory testing. (a) Before or after the trial in a prosecution for a violation of any Section of Article IV of this Act, a law enforcement agency or an agent acting on behalf of the law enforcement agency must preserve, subject to a continuous chain of custody, not less than: (1) 2 kilograms of any substance containing a |
| detectable amount of heroin;
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(2) 10 kilograms of any substance containing a
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| detectable amount of: (A) coca leaves, except coca leaves and extract of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (B) cocaine, its salts, optical and geometric isomers, and salts of isomers; (C) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (D) any combination of the substances described in subdivisions (A) through (C) of this paragraph (a)(2);
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(3) 10 kilograms of a mixture of substances described
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| in subdivision (B) of paragraph (a)(2) that contains a cocaine base;
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(4) 200 grams of phencyclidine (also referred to as
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| "PCP") or 2 kilograms of any substance containing a detectable amount of phencyclidine;
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(5) 20 grams of any substance containing a detectable
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| amount of lysergic acid diethylamide (also referred to as "LSD");
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(6) 800 grams of a mixture or substance containing a
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| detectable amount of fentanyl, or 2 grams of any substance containing a detectable amount of any analog of fentanyl;
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with respect to the offenses enumerated in this subsection (a) and must maintain sufficient documentation to locate that evidence. Excess quantities with respect to the offenses enumerated in this subsection (a) cannot practicably be retained by a law enforcement agency because of its size, bulk, and physical character.
(b) The sheriff or seizing law enforcement agency must file a motion requesting destruction of bulk evidence before the trial judge in the courtroom where the criminal charge is pending. The sheriff or seizing law enforcement agency must give notice of the motion requesting destruction of bulk evidence to the prosecutor of the criminal charge and the defense attorney of record. The trial judge will conduct an evidentiary hearing in which all parties will be given the opportunity to present evidence and arguments relating to whether the evidence should be destroyed, whether such destruction will prejudice the prosecution of the criminal case, and whether the destruction of the evidence will prejudice the defense of the criminal charge. The court's determination whether to grant the motion for destruction of bulk evidence must be based upon the totality of all of the circumstances of the case presented at the evidentiary hearing, the effect such destruction would have upon the defendant's constitutional rights, and the prosecutor's ability to proceed with the prosecution of the criminal charge.
(c) The court may, before trial, transfer excess quantities of any substance containing any of the controlled substances enumerated in subsection (a) with respect to a prosecution for any offense enumerated in subsection (a) to the sheriff of the county, or may, in its discretion, transfer such evidence to the Illinois State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se.
(d) After a judgment of conviction is entered and the charged quantity is no longer needed for evidentiary purposes with respect to a prosecution for any offense enumerated in subsection (a), the court may transfer any substance containing any of the controlled substances enumerated in subsection (a) to the sheriff of the county, or may, in its discretion, transfer such evidence to the Illinois State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se. No evidence shall be disposed of until 30 days after the judgment is entered, and if a notice of appeal is filed, no evidence shall be disposed of until the mandate has been received by the circuit court from the Appellate Court.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/603) (from Ch. 56 1/2, par. 1603)
Sec. 603.
The following Acts and parts of Acts are repealed:
(a) The "Uniform Narcotic Drug Act," approved July |
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(b) The "Drug Abuse Control Act," approved August 17,
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(c) "An Act to amend Sections 2-15, 41 (a) and 43 of,
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| and to add Sections 43.1, 43.2, 43.3, 43.4, 43.5, 43.6 and 43.7 to the "Uniform Drug, Device and Cosmetic Act", approved July 9, 1959, as amended," approved August 11, 1967, as amended.
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(d) "An Act to amend Section 46 of the 'Uniform Drug,
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| Device and Cosmetic Act', approved July 9, 1959, as amended", approved August 18, 1967, as amended.
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(Source: P.A. 77-757 .)
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