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90_HB1221
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
Amends the Illinois Controlled Substances Act to change
from a Class 4 felony to a Class A misdemeanor the penalty
for the possession of one gram or less of heroin or cocaine.
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1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Section 402.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Section 402 as follows:
7 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
8 Sec. 402. Except as otherwise authorized by this Act, it
9 is unlawful for any person knowingly to possess a controlled
10 or counterfeit substance. A violation of this Act with
11 respect to each of the controlled substances listed herein
12 constitutes a single and separate violation of this Act.
13 (a) Any person who violates this Section with respect to
14 the following controlled or counterfeit substances and
15 amounts, notwithstanding any of the provisions of subsection
16 (c) and (d) to the contrary, is guilty of a Class 1 felony
17 and shall, if sentenced to a term of imprisonment, be
18 sentenced as provided in this subsection (a) and fined as
19 provided in subsection (b):
20 (1) (A) not less than 4 years and not more than 15
21 years with respect to 15 grams or more but less than
22 100 grams of a substance containing heroin;
23 (B) not less than 6 years and not more than 30
24 years with respect to 100 grams or more but less
25 than 400 grams of a substance containing heroin;
26 (C) not less than 8 years and not more than 40
27 years with respect to 400 grams or more but less
28 than 900 grams of any substance containing heroin;
29 (D) not less than 10 years and not more than
30 50 years with respect to 900 grams or more of any
31 substance containing heroin;
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1 (2) (A) not less than 4 years and not more than 15
2 years with respect to 15 grams or more but less than
3 100 grams of any substance containing cocaine;
4 (B) not less than 6 years and not more than 30
5 years with respect to 100 grams or more but less
6 than 400 grams of any substance containing cocaine;
7 (C) not less than 8 years and not more than 40
8 years with respect to 400 grams or more but less
9 than 900 grams of any substance containing cocaine;
10 (D) not less than 10 years and not more than
11 50 years with respect to 900 grams or more of any
12 substance containing cocaine;
13 (3) (A) not less than 4 years and not more than 15
14 years with respect to 15 grams or more but less than
15 100 grams of any substance containing morphine;
16 (B) not less than 6 years and not more than 30
17 years with respect to 100 grams or more but less
18 than 400 grams of any substance containing morphine;
19 (C) not less than 8 years and not more than 40
20 years with respect to 400 grams or more but less
21 than 900 grams of any substance containing morphine;
22 (D) not less than 10 years and not more than
23 50 years with respect to 900 grams or more of any
24 substance containing morphine;
25 (4) 200 grams or more of any substance containing
26 peyote;
27 (5) 200 grams or more of any substance containing a
28 derivative of barbituric acid or any of the salts of a
29 derivative of barbituric acid;
30 (6) 200 grams or more of any substance containing
31 amphetamine or methamphetamine or any salt of an optical
32 isomer of amphetamine or methamphetamine;
33 (7) (A) not less than 4 years and not more than 15
34 years with respect to: (i) 15 grams or more but less
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1 than 100 grams of any substance containing lysergic
2 acid diethylamide (LSD), or an analog thereof, or
3 (ii) 15 or more objects or 15 or more segregated
4 parts of an object or objects but less than 200
5 objects or 200 segregated parts of an object or
6 objects containing in them or having upon them any
7 amount of any substance containing lysergic acid
8 diethylamide (LSD), or an analog thereof;
9 (B) not less than 6 years and not more than 30
10 years with respect to: (i) 100 grams or more but
11 less than 400 grams of any substance containing
12 lysergic acid diethylamide (LSD), or an analog
13 thereof, or (ii) 200 or more objects or 200 or more
14 segregated parts of an object or objects but less
15 than 600 objects or less than 600 segregated parts
16 of an object or objects containing in them or having
17 upon them any amount of any substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof;
20 (C) not less than 8 years and not more than 40
21 years with respect to: (i) 400 grams or more but
22 less than 900 grams of any substance containing
23 lysergic acid diethylamide (LSD), or an analog
24 thereof, or (ii) 600 or more objects or 600 or more
25 segregated parts of an object or objects but less
26 than 1500 objects or 1500 segregated parts of an
27 object or objects containing in them or having upon
28 them any amount of any substance containing lysergic
29 acid diethylamide (LSD), or an analog thereof;
30 (D) not less than 10 years and not more than
31 50 years with respect to: (i) 900 grams or more of
32 any substance containing lysergic acid diethylamide
33 (LSD), or an analog thereof, or (ii) 1500 or more
34 objects or 1500 or more segregated parts of an
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1 object or objects containing in them or having upon
2 them any amount of a substance containing lysergic
3 acid diethylamide (LSD), or an analog thereof;
4 (8) 30 grams or more of any substance containing
5 pentazocine or any of the salts, isomers and salts of
6 isomers of pentazocine, or an analog thereof;
7 (9) 30 grams or more of any substance containing
8 methaqualone or any of the salts, isomers and salts of
9 isomers of methaqualone;
10 (10) 30 grams or more of any substance containing
11 phencyclidine or any of the salts, isomers and salts of
12 isomers of phencyclidine (PCP);
13 (11) 200 grams or more of any substance containing
14 any substance classified as a narcotic drug in Schedules
15 I or II which is not otherwise included in this
16 subsection.
17 (b) Any person sentenced with respect to violations of
18 paragraph (1), (2), (3) or (7) of subsection (a) involving
19 100 grams or more of the controlled substance named therein,
20 may in addition to the penalties provided therein, be fined
21 an amount not to exceed $200,000 or the full street value of
22 the controlled or counterfeit substances, whichever is
23 greater. The term "street value" shall have the meaning
24 ascribed in Section 110-5 of the Code of Criminal Procedure
25 of 1963. Any person sentenced with respect to any other
26 provision of subsection (a), may in addition to the penalties
27 provided therein, be fined an amount not to exceed $200,000.
28 (c) Any person who violates this Section with regard to
29 an amount of a controlled or counterfeit substance not set
30 forth in subsection (a) or (d) is guilty of a Class 4 felony.
31 The fine for a violation punishable under this subsection (c)
32 shall not be more than $15,000.
33 (c-5) Notwithstanding any of the provisions of
34 subsection (c) to the contrary, a person who violates this
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1 Section with regard to the following controlled substances is
2 guilty of a Class A misdemeanor:
3 (1) one gram or less of a substance containing
4 heroin;
5 (2) one gram or less of a substance containing
6 cocaine.
7 (d) Any person who violates this Section with regard to
8 any amount of anabolic steroid is guilty of a Class C
9 misdemeanor for the first offense and a Class B misdemeanor
10 for a subsequent offense committed within 2 years of a prior
11 conviction.
12 (Source: P.A. 89-404, eff. 8-20-95.)