[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 002 ] |
| [ Conference Committee Report 001 ] |
91_HB1278enr HB1278 Enrolled LRB9101304RCksB 1 AN ACT in relation to controlled substances. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Controlled Substances Act is 5 amended by changing Sections 102, 401, and 401.5 as follows: 6 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) 7 Sec. 102. Definitions. As used in this Act, unless the 8 context otherwise requires: 9 (a) "Addict" means any person who habitually uses any 10 drug, chemical, substance or dangerous drug other than 11 alcohol so as to endanger the public morals, health, safety 12 or welfare or who is so far addicted to the use of a 13 dangerous drug or controlled substance other than alcohol as 14 to have lost the power of self control with reference to his 15 addiction. 16 (b) "Administer" means the direct application of a 17 controlled substance, whether by injection, inhalation, 18 ingestion, or any other means, to the body of a patient or 19 research subject by: 20 (1) a practitioner (or, in his presence, by his 21 authorized agent), or 22 (2) the patient or research subject at the lawful 23 direction of the practitioner. 24 (c) "Agent" means an authorized person who acts on 25 behalf of or at the direction of a manufacturer, distributor, 26 or dispenser. It does not include a common or contract 27 carrier, public warehouseman or employee of the carrier or 28 warehouseman. 29 (c-1) "Anabolic Steroids" means any drug or hormonal 30 substance, chemically and pharmacologically related to 31 testosterone (other than estrogens, progestins, and HB1278 Enrolled -2- LRB9101304RCksB 1 corticosteroids) that promotes muscle growth, and includes: 2 (i) boldenone, 3 (ii) chlorotestosterone, 4 (iii) chostebol, 5 (iv) dehydrochlormethyltestosterone, 6 (v) dihydrotestosterone, 7 (vi) drostanolone, 8 (vii) ethylestrenol, 9 (viii) fluoxymesterone, 10 (ix) formebulone, 11 (x) mesterolone, 12 (xi) methandienone, 13 (xii) methandranone, 14 (xiii) methandriol, 15 (xiv) methandrostenolone, 16 (xv) methenolone, 17 (xvi) methyltestosterone, 18 (xvii) mibolerone, 19 (xviii) nandrolone, 20 (xix) norethandrolone, 21 (xx) oxandrolone, 22 (xxi) oxymesterone, 23 (xxii) oxymetholone, 24 (xxiii) stanolone, 25 (xxiv) stanozolol, 26 (xxv) testolactone, 27 (xxvi) testosterone, 28 (xxvii) trenbolone, and 29 (xxviii) any salt, ester, or isomer of a drug 30 or substance described or listed in this paragraph, 31 if that salt, ester, or isomer promotes muscle 32 growth. 33 Any person who is otherwise lawfully in possession of an 34 anabolic steroid, or who otherwise lawfully manufactures, HB1278 Enrolled -3- LRB9101304RCksB 1 distributes, dispenses, delivers, or possesses with intent to 2 deliver an anabolic steroid, which anabolic steroid is 3 expressly intended for and lawfully allowed to be 4 administered through implants to livestock or other nonhuman 5 species, and which is approved by the Secretary of Health and 6 Human Services for such administration, and which the person 7 intends to administer or have administered through such 8 implants, shall not be considered to be in unauthorized 9 possession or to unlawfully manufacture, distribute, 10 dispense, deliver, or possess with intent to deliver such 11 anabolic steroid for purposes of this Act. 12 (d) "Administration" means the Drug Enforcement 13 Administration, United States Department of Justice, or its 14 successor agency. 15 (e) "Control" means to add a drug or other substance, or 16 immediate precursor, to a Schedule under Article II of this 17 Act whether by transfer from another Schedule or otherwise. 18 (f) "Controlled Substance" means a drug, substance, or 19 immediate precursor in the Schedules of Article II of this 20 Act. 21 (g) "Counterfeit substance" means a controlled 22 substance, which, or the container or labeling of which, 23 without authorization bears the trademark, trade name, or 24 other identifying mark, imprint, number or device, or any 25 likeness thereof, of a manufacturer, distributor, or 26 dispenser other than the person who in fact manufactured, 27 distributed, or dispensed the substance. 28 (h) "Deliver" or "delivery" means the actual, 29 constructive or attempted transfer of possession of a 30 controlled substance, with or without consideration, whether 31 or not there is an agency relationship. 32 (i) "Department" means the Illinois Department of Human 33 Services (as successor to the Department of Alcoholism and 34 Substance Abuse) or its successor agency. HB1278 Enrolled -4- LRB9101304RCksB 1 (j) "Department of State Police" means the Department of 2 State Police of the State of Illinois or its successor 3 agency. 4 (k) "Department of Corrections" means the Department of 5 Corrections of the State of Illinois or its successor agency. 6 (l) "Department of Professional Regulation" means the 7 Department of Professional Regulation of the State of 8 Illinois or its successor agency. 9 (m) "Depressant" or "stimulant substance" means: 10 (1) a drug which contains any quantity of (i) 11 barbituric acid or any of the salts of barbituric acid 12 which has been designated as habit forming under section 13 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 14 U.S.C. 352 (d)); or 15 (2) a drug which contains any quantity of (i) 16 amphetamine or methamphetamine and any of their optical 17 isomers; (ii) any salt of amphetamine or methamphetamine 18 or any salt of an optical isomer of amphetamine; or (iii) 19 any substance which the Department, after investigation, 20 has found to be, and by rule designated as, habit forming 21 because of its depressant or stimulant effect on the 22 central nervous system; or 23 (3) lysergic acid diethylamide; or 24 (4) any drug which contains any quantity of a 25 substance which the Department, after investigation, has 26 found to have, and by rule designated as having, a 27 potential for abuse because of its depressant or 28 stimulant effect on the central nervous system or its 29 hallucinogenic effect. 30 (n) "Designated product" means any narcotic drug, 31 amphetamine, phenmetrazine, methamphetamine, gluthethimide, 32 pentazocine or cannabis product listed in Schedule II and 33 also means a controlled substance listed in Schedule II which 34 is determined and designated by the Department or its HB1278 Enrolled -5- LRB9101304RCksB 1 successor agency to be such a product. A designated product 2 shall only be dispensed upon an official prescription blank. 3 (o) "Director" means the Director of the Department of 4 State Police or the Department of Professional Regulation or 5 his designated agents. 6 (p) "Dispense" means to deliver a controlled substance 7 to an ultimate user or research subject by or pursuant to the 8 lawful order of a prescriber, including the prescribing, 9 administering, packaging, labeling, or compounding necessary 10 to prepare the substance for that delivery. 11 (q) "Dispenser" means a practitioner who dispenses. 12 (r) "Distribute" means to deliver, other than by 13 administering or dispensing, a controlled substance. 14 (s) "Distributor" means a person who distributes. 15 (t) "Drug" means (1) substances recognized as drugs in 16 the official United States Pharmacopoeia, Official 17 Homeopathic Pharmacopoeia of the United States, or official 18 National Formulary, or any supplement to any of them; (2) 19 substances intended for use in diagnosis, cure, mitigation, 20 treatment, or prevention of disease in man or animals; (3) 21 substances (other than food) intended to affect the structure 22 of any function of the body of man or animals and (4) 23 substances intended for use as a component of any article 24 specified in clause (1), (2), or (3) of this subsection. It 25 does not include devices or their components, parts, or 26 accessories. 27 (u) "Good faith" means the prescribing or dispensing of 28 a controlled substance by a practitioner in the regular 29 course of professional treatment to or for any person who is 30 under his treatment for a pathology or condition other than 31 that individual's physical or psychological dependence upon 32 or addiction to a controlled substance, except as provided 33 herein: and application of the term to a pharmacist shall 34 mean the dispensing of a controlled substance pursuant to the HB1278 Enrolled -6- LRB9101304RCksB 1 prescriber's order which in the professional judgment of the 2 pharmacist is lawful. The pharmacist shall be guided by 3 accepted professional standards including, but not limited to 4 the following, in making the judgment: 5 (1) lack of consistency of doctor-patient 6 relationship, 7 (2) frequency of prescriptions for same drug by one 8 prescriber for large numbers of patients, 9 (3) quantities beyond those normally prescribed, 10 (4) unusual dosages, 11 (5) unusual geographic distances between patient, 12 pharmacist and prescriber, 13 (6) consistent prescribing of habit-forming drugs. 14 (u-1) "Home infusion services" means services provided 15 by a pharmacy in compounding solutions for direct 16 administration to a patient in a private residence, long-term 17 care facility, or hospice setting by means of parenteral, 18 intravenous, intramuscular, subcutaneous, or intraspinal 19 infusion. 20 (v) "Immediate precursor" means a substance: 21 (1) which the Department has found to be and by 22 rule designated as being a principal compound used, or 23 produced primarily for use, in the manufacture of a 24 controlled substance; 25 (2) which is an immediate chemical intermediary 26 used or likely to be used in the manufacture of such 27 controlled substance; and 28 (3) the control of which is necessary to prevent, 29 curtail or limit the manufacture of such controlled 30 substance. 31 (w) "Instructional activities" means the acts of 32 teaching, educating or instructing by practitioners using 33 controlled substances within educational facilities approved 34 by the State Board of Education or its successor agency. HB1278 Enrolled -7- LRB9101304RCksB 1 (x) "Local authorities" means a duly organized State, 2 County or Municipal peace unit or police force. 3 (y) "Look-alike substance" means a substance, other than 4 a controlled substance which (1) by overall dosage unit 5 appearance, including shape, color, size, markings or lack 6 thereof, taste, consistency, or any other identifying 7 physical characteristic of the substance, would lead a 8 reasonable person to believe that the substance is a 9 controlled substance, or (2) is expressly or impliedly 10 represented to be a controlled substance or is distributed 11 under circumstances which would lead a reasonable person to 12 believe that the substance is a controlled substance. For the 13 purpose of determining whether the representations made or 14 the circumstances of the distribution would lead a reasonable 15 person to believe the substance to be a controlled substance 16 under this clause (2) of subsection (y), the court or other 17 authority may consider the following factors in addition to 18 any other factor that may be relevant: 19 (a) statements made by the owner or person in 20 control of the substance concerning its nature, use or 21 effect; 22 (b) statements made to the buyer or recipient that 23 the substance may be resold for profit; 24 (c) whether the substance is packaged in a manner 25 normally used for the illegal distribution of controlled 26 substances; 27 (d) whether the distribution or attempted 28 distribution included an exchange of or demand for money 29 or other property as consideration, and whether the 30 amount of the consideration was substantially greater 31 than the reasonable retail market value of the substance. 32 Clause (1) of this subsection (y) shall not apply to a 33 noncontrolled substance in its finished dosage form that was 34 initially introduced into commerce prior to the initial HB1278 Enrolled -8- LRB9101304RCksB 1 introduction into commerce of a controlled substance in its 2 finished dosage form which it may substantially resemble. 3 Nothing in this subsection (y) prohibits the dispensing 4 or distributing of noncontrolled substances by persons 5 authorized to dispense and distribute controlled substances 6 under this Act, provided that such action would be deemed to 7 be carried out in good faith under subsection (u) if the 8 substances involved were controlled substances. 9 Nothing in this subsection (y) or in this Act prohibits 10 the manufacture, preparation, propagation, compounding, 11 processing, packaging, advertising or distribution of a drug 12 or drugs by any person registered pursuant to Section 510 of 13 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). 14 (y-1) "Mail-order pharmacy" means a pharmacy that is 15 located in a state of the United States, other than Illinois, 16 that delivers, dispenses or distributes, through the United 17 States Postal Service or other common carrier, to Illinois 18 residents, any substance which requires a prescription. 19 (z) "Manufacture" means the production, preparation, 20 propagation, compounding, conversion or processing of a 21 controlled substance, either directly or indirectly, by 22 extraction from substances of natural origin, or 23 independently by means of chemical synthesis, or by a 24 combination of extraction and chemical synthesis, and 25 includes any packaging or repackaging of the substance or 26 labeling of its container, except that this term does not 27 include: 28 (1) by an ultimate user, the preparation or 29 compounding of a controlled substance for his own use; or 30 (2) by a practitioner, or his authorized agent 31 under his supervision, the preparation, compounding, 32 packaging, or labeling of a controlled substance: 33 (a) as an incident to his administering or 34 dispensing of a controlled substance in the course HB1278 Enrolled -9- LRB9101304RCksB 1 of his professional practice; or 2 (b) as an incident to lawful research, 3 teaching or chemical analysis and not for sale. 4 (z-1) "Methamphetamine manufacturing chemical" means any 5 of the following chemicals or substances containing any of 6 the following chemicals: benzyl methyl ketone, ephedrine, 7 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or 8 pseudoephedrine or any of the salts, optical isomers, or 9 salts of optical isomers of the above-listed chemicals. 10 (aa) "Narcotic drug" means any of the following, whether 11 produced directly or indirectly by extraction from substances 12 of natural origin, or independently by means of chemical 13 synthesis, or by a combination of extraction and chemical 14 synthesis: 15 (1) opium and opiate, and any salt, compound, 16 derivative, or preparation of opium or opiate; 17 (2) any salt, compound, isomer, derivative, or 18 preparation thereof which is chemically equivalent or 19 identical with any of the substances referred to in 20 clause (1), but not including the isoquinoline alkaloids 21 of opium; 22 (3) opium poppy and poppy straw; 23 (4) coca leaves and any salts, compound, isomer, 24 salt of an isomer, derivative, or preparation of coca 25 leaves including cocaine or ecgonine, and any salt, 26 compound, isomer, derivative, or preparation thereof 27 which is chemically equivalent or identical with any of 28 these substances, but not including decocainized coca 29 leaves or extractions of coca leaves which do not contain 30 cocaine or ecgonine (for the purpose of this paragraph, 31 the term "isomer" includes optical, positional and 32 geometric isomers). 33 (bb) "Nurse" means a registered nurse licensed under the 34 Nursing and Advanced Practice Nursing Act. HB1278 Enrolled -10- LRB9101304RCksB 1 (cc) "Official prescription blanks" means the triplicate 2 prescription forms supplied to prescribers by the Department 3 for prescribing Schedule II Designated Product controlled 4 substances. 5 (dd) "Opiate" means any substance having an addiction 6 forming or addiction sustaining liability similar to morphine 7 or being capable of conversion into a drug having addiction 8 forming or addiction sustaining liability. 9 (ee) "Opium poppy" means the plant of the species 10 Papaver somniferum L., except its seeds. 11 (ff) "Parole and Pardon Board" means the Parole and 12 Pardon Board of the State of Illinois or its successor 13 agency. 14 (gg) "Person" means any individual, corporation, 15 mail-order pharmacy, government or governmental subdivision 16 or agency, business trust, estate, trust, partnership or 17 association, or any other entity. 18 (hh) "Pharmacist" means any person who holds a 19 certificate of registration as a registered pharmacist, a 20 local registered pharmacist or a registered assistant 21 pharmacist under the Pharmacy Practice Act of 1987. 22 (ii) "Pharmacy" means any store, ship or other place in 23 which pharmacy is authorized to be practiced under the 24 Pharmacy Practice Act of 1987. 25 (jj) "Poppy straw" means all parts, except the seeds, of 26 the opium poppy, after mowing. 27 (kk) "Practitioner" means a physician licensed to 28 practice medicine in all its branches, dentist, podiatrist, 29 veterinarian, scientific investigator, pharmacist, physician 30 assistant, advanced practice nurse, licensed practical nurse, 31 registered nurse, hospital, laboratory, or pharmacy, or other 32 person licensed, registered, or otherwise lawfully permitted 33 by the United States or this State to distribute, dispense, 34 conduct research with respect to, administer or use in HB1278 Enrolled -11- LRB9101304RCksB 1 teaching or chemical analysis, a controlled substance in the 2 course of professional practice or research. 3 (ll) "Pre-printed prescription" means a written 4 prescription upon which the designated drug has been 5 indicated prior to the time of issuance. 6 (mm) "Prescriber" means a physician licensed to practice 7 medicine in all its branches, dentist, podiatrist or 8 veterinarian who issues a prescription, a physician assistant 9 who issues a prescription for a Schedule III, IV, or V 10 controlled substance in accordance with Section 303.05 and 11 the written guidelines required under Section 7.5 of the 12 Physician Assistant Practice Act of 1987, or an advanced 13 practice nurse with prescriptive authority in accordance with 14 Section 303.05 and a written collaborative agreement under 15 Sections 15-15 and 15-20 of the Nursing and Advanced Practice 16 Nursing Act. 17 (nn) "Prescription" means a lawful written, facsimile, 18 or verbal order of a physician licensed to practice medicine 19 in all its branches, dentist, podiatrist or veterinarian for 20 any controlled substance, of a physician assistant for a 21 Schedule III, IV, or V controlled substance in accordance 22 with Section 303.05 and the written guidelines required under 23 Section 7.5 of the Physician Assistant Practice Act of 1987, 24 or of an advanced practice nurse who issues a prescription 25 for a Schedule III, IV, or V controlled substance in 26 accordance with Section 303.05 and a written collaborative 27 agreement under Sections 15-15 and 15-20 of the Nursing and 28 Advanced Practice Nursing Act. 29 (oo) "Production" or "produce" means manufacture, 30 planting, cultivating, growing, or harvesting of a controlled 31 substance. 32 (pp) "Registrant" means every person who is required to 33 register under Section 302 of this Act. 34 (qq) "Registry number" means the number assigned to each HB1278 Enrolled -12- LRB9101304RCksB 1 person authorized to handle controlled substances under the 2 laws of the United States and of this State. 3 (rr) "State" includes the State of Illinois and any 4 state, district, commonwealth, territory, insular possession 5 thereof, and any area subject to the legal authority of the 6 United States of America. 7 (ss) "Ultimate user" means a person who lawfully 8 possesses a controlled substance for his own use or for the 9 use of a member of his household or for administering to an 10 animal owned by him or by a member of his household. 11 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97; 12 90-116, eff. 7-14-97; 90-742, eff. 8-13-98; 90-818, eff. 13 3-23-99.) 14 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401) 15 Sec. 401. Except as authorized by this Act, it is 16 unlawful for any person knowingly to: (i) manufacture or 17 deliver, or possess with intent to manufacture or deliver, a 18 controlled or counterfeit substance or controlled substance 19 analog or (ii) possess any methamphetamine manufacturing 20 chemical listed in paragraph (z-1) of Section 102 with the 21 intent to manufacture methamphetamine or the salt of an 22 optical isomer of methamphetamine or an analog thereof. A 23 violation of this Act with respect to each of the controlled 24 substances listed herein constitutes a single and separate 25 violation of this Act. For purposes of this Section, 26 "controlled substance analog" or "analog" means a substance 27 which is intended for human consumption, other than a 28 controlled substance, that has a chemical structure 29 substantially similar to that of a controlled substance in 30 Schedule I or II, or that was specifically designed to 31 produce an effect substantially similar to that of a 32 controlled substance in Schedule I or II. Examples of 33 chemical classes in which controlled substance analogs are HB1278 Enrolled -13- LRB9101304RCksB 1 found include, but are not limited to, the following: 2 phenethylamines, N-substituted piperidines, morphinans, 3 ecgonines, quinazolinones, substituted indoles, and 4 arylcycloalkylamines. For purposes of this Act, a controlled 5 substance analog shall be treated in the same manner as the 6 controlled substance to which it is substantially similar. 7 (a) Any person who violates this Section with respect to 8 the following amounts of controlled or counterfeit substances 9 or controlled substance analogs, notwithstanding any of the 10 provisions of subsections (c), (c-5), (d), (d-5), (e), (f), 11 (g) or (h) to the contrary, is guilty of a Class X felony and 12 shall be sentenced to a term of imprisonment as provided in 13 this subsection (a) and fined as provided in subsection (b): 14 (1) (A) not less than 6 years and not more than 30 15 years with respect to 15 grams or more but less than 16 100 grams of a substance containing heroin, or an 17 analog thereof; 18 (B) not less than 9 years and not more than 40 19 years with respect to 100 grams or more but less 20 than 400 grams of a substance containing heroin, or 21 an analog thereof; 22 (C) not less than 12 years and not more than 23 50 years with respect to 400 grams or more but less 24 than 900 grams of a substance containing heroin, or 25 an analog thereof; 26 (D) not less than 15 years and not more than 27 60 years with respect to 900 grams or more of any 28 substance containing heroin, or an analog thereof; 29 (2) (A) not less than 6 years and not more than 30 30 years with respect to 15 grams or more but less than 31 100 grams of a substance containing cocaine, or an 32 analog thereof; 33 (B) not less than 9 years and not more than 40 34 years with respect to 100 grams or more but less HB1278 Enrolled -14- LRB9101304RCksB 1 than 400 grams of a substance containing cocaine, or 2 an analog thereof; 3 (C) not less than 12 years and not more than 4 50 years with respect to 400 grams or more but less 5 than 900 grams of a substance containing cocaine, or 6 an analog thereof; 7 (D) not less than 15 years and not more than 8 60 years with respect to 900 grams or more of any 9 substance containing cocaine, or an analog thereof; 10 (3) (A) not less than 6 years and not more than 30 11 years with respect to 15 grams or more but less than 12 100 grams of a substance containing morphine, or an 13 analog thereof; 14 (B) not less than 9 years and not more than 40 15 years with respect to 100 grams or more but less 16 than 400 grams of a substance containing morphine, 17 or an analog thereof; 18 (C) not less than 12 years and not more than 19 50 years with respect to 400 grams or more but less 20 than 900 grams of a substance containing morphine, 21 or an analog thereof; 22 (D) not less than 15 years and not more than 23 60 years with respect to 900 grams or more of a 24 substance containing morphine, or an analog thereof; 25 (4) 200 grams or more of any substance containing 26 peyote, or an analog thereof; 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, or an analog thereof; 30 (6) 200 grams or more of any substance containing 31 amphetamine or any salt of an optical isomer of 32 amphetamine, or an analog thereof; 33 (6.5) (A) not less than 6 years and not more than 34 30 years with respect to 15 grams or more but less HB1278 Enrolled -15- LRB9101304RCksB 1 than 100 grams of a substance containing 2 methamphetamine or any salt of an optical isomer of 3 methamphetamine, or an analog thereof; 4 (B) not less than 6 years and not more than 40 5 years with respect to 100 grams or more but less 6 than 400 grams of a substance containing 7 methamphetamine or any salt of an optical isomer of 8 methamphetamine, or an analog thereof; 9 (C) not less than 6 years and not more than 50 10 years with respect to 400 grams or more but less 11 than 900 grams of a substance containing 12 methamphetamine or any salt of an optical isomer of 13 methamphetamine, or an analog thereof; 14 (D) not less than 6 years and not more than 60 15 years with respect to 900 grams or more of any 16 substance containing methamphetamine or any salt of 17 an optical isomer of methamphetamine, or an analog 18 thereof. 19 (6.6) (A) not less than 6 years and not more than 30 20 years for the possession of any methamphetamine 21 manufacturing chemical set forth in paragraph (z-1) 22 of Section 102 with intent to manufacture 30 grams 23 or more but less than 150 grams of any substance 24 containing methamphetamine, or salt of any optical 25 isomer of methamphetamine, or an analog thereof; 26 (B) not less than 6 years and not more than 40 27 years for the possession of any methamphetamine 28 manufacturing chemical set forth in paragraph (z-1) 29 of Section 102 with intent to manufacture 150 grams 30 or more but less than 500 grams of any substance 31 containing methamphetamine, or salt of an optical 32 isomer of methamphetamine, or an analog thereof; 33 (C) not less than 6 years and not more than 50 34 years for the possession of any methamphetamine HB1278 Enrolled -16- LRB9101304RCksB 1 manufacturing chemical set forth in paragraph (z-1) 2 of Section 102 with intent to manufacture 500 grams 3 or more but less than 1200 grams of any substance 4 containing methamphetamine, or salt of an optical 5 isomer of methamphetamine, or an analog thereof; 6 (D) not less than 6 years and not more than 60 7 years for the possession of any methamphetamine 8 manufacturing chemical set forth in paragraph (z-1) 9 of Section 102 with intent to manufacture 1200 grams 10 or more of any substance containing methamphetamine, 11 or salt of an optical isomer of methamphetamine, or 12 an analog thereof; 13 (7) (A) not less than 6 years and not more than 30 14 years with respect to: (i) 15 grams or more but less 15 than 100 grams of a substance containing lysergic 16 acid diethylamide (LSD), or an analog thereof, or 17 (ii) 15 or more objects or 15 or more segregated 18 parts of an object or objects but less than 200 19 objects or 200 segregated parts of an object or 20 objects containing in them or having upon them any 21 amounts of any substance containing lysergic acid 22 diethylamide (LSD), or an analog thereof; 23 (B) not less than 9 years and not more than 40 24 years with respect to: (i) 100 grams or more but 25 less than 400 grams of a substance containing 26 lysergic acid diethylamide (LSD), or an analog 27 thereof, or (ii) 200 or more objects or 200 or more 28 segregated parts of an object or objects but less 29 than 600 objects or less than 600 segregated parts 30 of an object or objects containing in them or having 31 upon them any amount of any substance containing 32 lysergic acid diethylamide (LSD), or an analog 33 thereof; 34 (C) not less than 12 years and not more than HB1278 Enrolled -17- LRB9101304RCksB 1 50 years with respect to: (i) 400 grams or more but 2 less than 900 grams of a substance containing 3 lysergic acid diethylamide (LSD), or an analog 4 thereof, or (ii) 600 or more objects or 600 or more 5 segregated parts of an object or objects but less 6 than 1500 objects or 1500 segregated parts of an 7 object or objects containing in them or having upon 8 them any amount of any substance containing lysergic 9 acid diethylamide (LSD), or an analog thereof; 10 (D) not less than 15 years and not more than 11 60 years with respect to: (i) 900 grams or more of 12 any substance containing lysergic acid diethylamide 13 (LSD), or an analog thereof, or (ii) 1500 or more 14 objects or 1500 or more segregated parts of an 15 object or objects containing in them or having upon 16 them any amount of a substance containing lysergic 17 acid diethylamide (LSD), or an analog thereof; 18 (8) 30 grams or more of any substance containing 19 pentazocine or any of the salts, isomers and salts of 20 isomers of pentazocine, or an analog thereof; 21 (9) 30 grams or more of any substance containing 22 methaqualone or any of the salts, isomers and salts of 23 isomers of methaqualone, or an analog thereof; 24 (10) 30 grams or more of any substance 25 containing phencyclidine or any of the salts, isomers 26 and salts of isomers of phencyclidine (PCP), or an 27 analog thereof; 28 (10.5) 30 grams or more of any substance containing 29 ketamine or any of the salts, isomers and salts of 30 isomers of ketamine, or an analog thereof; 31 (11) 200 grams or more of any substance containing 32 any other controlled substance classified in Schedules I 33 or II, or an analog thereof, which is not otherwise 34 included in this subsection. HB1278 Enrolled -18- LRB9101304RCksB 1 (b) Any person sentenced with respect to violations of 2 paragraph (1), (2), (3), (6.5), (6.6), or (7) of subsection 3 (a) involving 100 grams or more of the controlled substance 4 named therein, may in addition to the penalties provided 5 therein, be fined an amount not more than $500,000 or the 6 full street value of the controlled or counterfeit substance 7 or controlled substance analog, whichever is greater. The 8 term "street value" shall have the meaning ascribed in 9 Section 110-5 of the Code of Criminal Procedure of 1963. Any 10 person sentenced with respect to any other provision of 11 subsection (a), may in addition to the penalties provided 12 therein, be fined an amount not to exceed $500,000. 13 (c) Any person who violates this Section with regard to 14 the following amounts of controlled or counterfeit substances 15 or controlled substance analogs, notwithstanding any of the 16 provisions of subsections (a), (b), (d), (e), (f), (g) or (h) 17 to the contrary, is guilty of a Class 1 felony. The fine for 18 violation of this subsection (c) shall not be more than 19 $250,000: 20 (1) 10 or more grams but less than 15 grams of any 21 substance containing heroin, or an analog thereof; 22 (2) 1 gram or more but less than 15 grams of any 23 substance containing cocaine, or an analog thereof; 24 (3) 10 grams or more but less than 15 grams of any 25 substance containing morphine, or an analog thereof; 26 (4) 50 grams or more but less than 200 grams of any 27 substance containing peyote, or an analog thereof; 28 (5) 50 grams or more but less than 200 grams of any 29 substance containing a derivative of barbituric acid or 30 any of the salts of a derivative of barbituric acid, or 31 an analog thereof; 32 (6) 50 grams or more but less than 200 grams of any 33 substance containing amphetamine or any salt of an 34 optical isomer of amphetamine, or an analog thereof; HB1278 Enrolled -19- LRB9101304RCksB 1 (6.5) 5 grams or more but less than 15 grams of any 2 substance containing methamphetamine or any salt or 3 optical isomer of methamphetamine, or an analog thereof; 4 (7) (i) 5 grams or more but less than 15 grams of 5 any substance containing lysergic acid diethylamide 6 (LSD), or an analog thereof, or (ii) more than 10 objects 7 or more than 10 segregated parts of an object or objects 8 but less than 15 objects or less than 15 segregated parts 9 of an object containing in them or having upon them any 10 amount of any substance containing lysergic acid 11 diethylamide (LSD), or an analog thereof; 12 (8) 10 grams or more but less than 30 grams of any 13 substance containing pentazocine or any of the salts, 14 isomers and salts of isomers of pentazocine, or an analog 15 thereof; 16 (9) 10 grams or more but less than 30 grams of any 17 substance containing methaqualone or any of the salts, 18 isomers and salts of isomers of methaqualone, or an 19 analog thereof; 20 (10) 10 grams or more but less than 30 grams of any 21 substance containing phencyclidine or any of the salts, 22 isomers and salts of isomers of phencyclidine (PCP), or 23 an analog thereof; 24 (10.5) 10 grams or more but less than 30 grams of 25 any substance containing ketamine or any of the salts, 26 isomers and salts of isomers of ketamine, or an analog 27 thereof; 28 (11) 50 grams or more but less than 200 grams of 29 any substance containing a substance classified in 30 Schedules I or II, or an analog thereof, which is not 31 otherwise included in this subsection. 32 (c-5) Any person who violates this Section with regard 33 to possession of any methamphetamine manufacturing chemical 34 set forth in paragraph (z-1) of Section 102 with intent to HB1278 Enrolled -20- LRB9101304RCksB 1 manufacture 15 grams or more but less than 30 grams of 2 methamphetamine, or salt of an optical isomer of 3 methamphetamine or any analog thereof, is guilty of a Class 1 4 felony. The fine for violation of this subsection (c-5) 5 shall not be more than $250,000. 6 (d) Any person who violates this Section with regard to 7 any other amount of a controlled or counterfeit substance 8 classified in Schedules I or II, or an analog thereof, which 9 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) 10 or an analog thereof, or (iii) any substance containing 11 methamphetamine or any salt or optical isomer of 12 methamphetamine, or an analog thereof, is guilty of a Class 2 13 felony. The fine for violation of this subsection (d) shall 14 not be more than $200,000. 15 (d-5) Any person who violates this Section with regard 16 to possession of any methamphetamine manufacturing chemical 17 set forth in paragraph (z-1) of Section 102 with intent to 18 manufacture less than 15 grams of methamphetamine, or salt of 19 an optical isomer of methamphetamine or any analog thereof, 20 is guilty of a Class 2 felony. The fine for violation of 21 this subsection (d-5) shall not be more than $200,000. 22 (e) Any person who violates this Section with regard to 23 any other amount of a controlled or counterfeit substance 24 classified in Schedule I or II, or an analog thereof, which 25 substance is not included under subsection (d) of this 26 Section, is guilty of a Class 3 felony. The fine for 27 violation of this subsection (e) shall not be more than 28 $150,000. 29 (f) Any person who violates this Section with regard to 30 any other amount of a controlled or counterfeit substance 31 classified in Schedule III is guilty of a Class 3 felony. The 32 fine for violation of this subsection (f) shall not be more 33 than $125,000. 34 (g) Any person who violates this Section with regard to HB1278 Enrolled -21- LRB9101304RCksB 1 any other amount of a controlled or counterfeit substance 2 classified in Schedule IV is guilty of a Class 3 felony. The 3 fine for violation of this subsection (g) shall not be more 4 than $100,000. 5 (h) Any person who violates this Section with regard to 6 any other amount of a controlled or counterfeit substance 7 classified in Schedule V is guilty of a Class 3 felony. The 8 fine for violation of this subsection (h) shall not be more 9 than $75,000. 10 (i) This Section does not apply to the manufacture, 11 possession or distribution of a substance in conformance with 12 the provisions of an approved new drug application or an 13 exemption for investigational use within the meaning of 14 Section 505 of the Federal Food, Drug and Cosmetic Act. 15 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97; 16 90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.) 17 (720 ILCS 570/401.5) 18 Sec. 401.5. Chemical breakdown of illicit controlled 19 substance. 20 (a) It is unlawful for any person to manufacture a 21 controlled substance prohibited by this Act by chemically 22 deriving the controlled substance from one or more other 23 controlled substances prohibited by this Act. 24 (a-5) It is unlawful for any person to possess any 25 substance with the intent to use the substance to facilitate 26 the manufacture of any controlled or counterfeit substance or 27 controlled substance analog other than as authorized by this 28 Act. 29 (b) A violation of this Section is a Class 4 felony. 30 (c) This Section does not apply to the manufacture of 31 methamphetamine or to the possession of any methamphetamine 32 manufacturing chemicals with the intent to manufacture 33 methamphetamine or any salt of an optical isomer of HB1278 Enrolled -22- LRB9101304RCksB 1 methamphetamine, or an analog of methamphetamine. 2 (Source: P.A. 90-775, eff. 1-1-99.) 3 Section 99. Effective date. This Act takes effect 4 January 1, 2000.