State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ Senate Amendment 002 ]
[ Conference Committee Report 001 ]

91_HB1278eng

 
HB1278 Engrossed                              LRB9101304RCksB

 1        AN ACT in relation to cannabis and controlled substances.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Cannabis Control Act is amended by adding
 5    Section 9.1 as follows:

 6        (720 ILCS 550/9.1 new)
 7        Sec. 9.1.  Use of a dangerous place for the commission of
 8    a cannabis offense.
 9        (a)  A  person  commits the offense of use of a dangerous
10    place for the commission of a  cannabis  offense,  when  that
11    person  exercises  control  over any place with the intent to
12    use that place to manufacture, produce, deliver,  or  possess
13    with  intent  to  deliver cannabis in violation of Section 5,
14    5.1, 5.2, 7, or 8 of this Act and the place used or  intended
15    to  be used to manufacture, produce, deliver, or possess with
16    intent  to  deliver  cannabis  has  located  within   it   or
17    surrounding  it  devices,  chemicals, or explosives designed,
18    hidden, or arranged in a manner that would cause  any  person
19    to be exposed to a substantial risk of great bodily harm.
20        (b)  As  used  in  this Section, "place" means a premise,
21    conveyance,  or  location  that  offers  seclusion,  shelter,
22    means,  or   facilitation   for   manufacturing,   producing,
23    possessing, or delivering cannabis.
24        (c)  Use  of  a  dangerous  place for the commission of a
25    cannabis offense is a Class X felony.

26        Section 10.  The Illinois Controlled  Substances  Act  is
27    amended  by  changing  Sections 102, 401 and 401.5 and adding
28    Section 406.2 as follows:

29        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
 
HB1278 Engrossed            -2-               LRB9101304RCksB
 1        Sec. 102.  Definitions.  As used in this Act, unless  the
 2    context otherwise requires:
 3        (a)  "Addict"  means  any  person who habitually uses any
 4    drug,  chemical,  substance  or  dangerous  drug  other  than
 5    alcohol so as to endanger the public morals,  health,  safety
 6    or  welfare  or  who  is  so  far  addicted  to  the use of a
 7    dangerous drug or controlled substance other than alcohol  as
 8    to  have lost the power of self control with reference to his
 9    addiction.
10        (b)  "Administer"  means  the  direct  application  of  a
11    controlled  substance,  whether  by  injection,   inhalation,
12    ingestion,  or  any  other means, to the body of a patient or
13    research subject by:
14             (1)  a practitioner (or, in  his  presence,  by  his
15        authorized agent), or
16             (2)  the  patient  or research subject at the lawful
17        direction of the practitioner.
18        (c)  "Agent" means  an  authorized  person  who  acts  on
19    behalf of or at the direction of a manufacturer, distributor,
20    or  dispenser.   It  does  not  include  a common or contract
21    carrier, public warehouseman or employee of  the  carrier  or
22    warehouseman.
23        (c-1)  "Anabolic  Steroids"  means  any  drug or hormonal
24    substance,  chemically  and  pharmacologically   related   to
25    testosterone   (other   than   estrogens,   progestins,   and
26    corticosteroids) that promotes muscle growth, and includes:
27                  (i)  boldenone,
28                  (ii)  chlorotestosterone,
29                  (iii)  chostebol,
30                  (iv)  dehydrochlormethyltestosterone,
31                  (v)  dihydrotestosterone,
32                  (vi)  drostanolone,
33                  (vii)  ethylestrenol,
34                  (viii)  fluoxymesterone,
 
HB1278 Engrossed            -3-               LRB9101304RCksB
 1                  (ix)  formebulone,
 2                  (x)  mesterolone,
 3                  (xi)  methandienone,
 4                  (xii)  methandranone,
 5                  (xiii)  methandriol,
 6                  (xiv)  methandrostenolone,
 7                  (xv)  methenolone,
 8                  (xvi)  methyltestosterone,
 9                  (xvii)  mibolerone,
10                  (xviii)  nandrolone,
11                  (xix)  norethandrolone,
12                  (xx)  oxandrolone,
13                  (xxi)  oxymesterone,
14                  (xxii)  oxymetholone,
15                  (xxiii)  stanolone,
16                  (xxiv)  stanozolol,
17                  (xxv)  testolactone,
18                  (xxvi)  testosterone,
19                  (xxvii)  trenbolone, and
20                  (xxviii)  any  salt, ester, or isomer of a drug
21             or substance described or listed in this  paragraph,
22             if  that  salt,  ester,  or  isomer  promotes muscle
23             growth.
24        Any person who is otherwise lawfully in possession of  an
25    anabolic  steroid,  or  who  otherwise lawfully manufactures,
26    distributes, dispenses, delivers, or possesses with intent to
27    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
28    expressly  intended  for   and   lawfully   allowed   to   be
29    administered  through implants to livestock or other nonhuman
30    species, and which is approved by the Secretary of Health and
31    Human Services for such administration, and which the  person
32    intends  to  administer  or  have  administered  through such
33    implants, shall not  be  considered  to  be  in  unauthorized
34    possession   or   to   unlawfully   manufacture,  distribute,
 
HB1278 Engrossed            -4-               LRB9101304RCksB
 1    dispense, deliver, or possess with  intent  to  deliver  such
 2    anabolic steroid for purposes of this Act.
 3        (d)  "Administration"    means   the   Drug   Enforcement
 4    Administration, United States Department of Justice,  or  its
 5    successor agency.
 6        (d-1)  "Chemical   important  to  the  manufacture  of  a
 7        controlled  or  counterfeit   substance   or   controlled
 8        substance analog" means any of the following:
 9             (1)  Anthranilic acid, its esters, and its salts.
10             (2)  Benzyl cyanide.
11             (3)  Ephedrine,  its  salts,  optical  isomers,  and
12        salts of optical isomers.
13             (4)  Ergonovine and its salts.
14             (5)  Erogotamine and its salts.
15             (6)  N-Acetylanthranilic  acid,  its esters, and its
16        salts.
17             (7)  Norpseudoephedrine, its salts, optical isomers,
18        and salts of optical isomers.
19             (8)  Phenylacetic acid, its esters, and its salts.
20             (9)  Phenylpropanolamine,   its    salts,    optical
21        isomers, and salts of optical isomers.
22             (10)  Piperidine and its salts.
23             (11)  Pseudoephedrine,  its  salts, optical isomers,
24        and salts of optical isomers.
25             (12)  3,4-Methylenedioxypheny1-2-propanone.
26             (13)  Methylamine.
27             (14)  Ethylamine.
28             (15)  Propionic anhydride.
29             (16)  Isosafrole.
30             (17)  Safrole.
31             (18)  Piperonal.
32             (19)  N-Ethylephedrine.
33             (20)  N-Ethylpseudoephedrine.
34             (21)  N-Methylephedrine.
 
HB1278 Engrossed            -5-               LRB9101304RCksB
 1             (22)  N-methylpseudoephedrine.
 2             (23)  Hydriodic acid.
 3             (24)  Benzaldehyde.
 4             (25)  Nitroethane.
 5             (26)  Diethylamine
 6             (27)  Any  salt,  optical  isomer,  or  salt  of  an
 7        optical isomer of the chemicals listed  in  subparagraphs
 8        (13) through (23) of this paragraph.
 9        (d-2)  "Chemical used for facilitating the manufacture of
10    a controlled or counterfeit substance or controlled substance
11    analog" means any of the following:
12                  (1)  Acetic acid.
13                  (2)  Acetic anhydride.
14                  (3)  Acetone.
15                  (4)  Acetyl chloride.
16                  (5)  Ammonium chloride.
17                  (6)  Ammonium formate.
18                  (7)  Ammonium hydroxide.
19                  (8)  Anhydrous ammonia.
20                  (9)  Benzene.
21                  (10)  Benzyl chloride.
22                  (11)  n-Butyl acetate.
23                  (12)  n-Butyl alcohol.
24                  (13)  sec-Butyl alcohol.
25                  (14)  Calcium carbonate.
26                  (15)  Calcium hydroxide.
27                  (16)  Calcium oxide.
28                  (17)  Carbon disulfide.
29                  (18)  Chloroform.
30                  (19)  Cyclohexane.
31                  (20)  Diacetone alcohol.
32                  (21)  Ethyl acetate.
33                  (22)  Ethyl alcohol (or denatured alcohol).
34                  (23)  Ethyl ether.
 
HB1278 Engrossed            -6-               LRB9101304RCksB
 1                  (24)  Ethylidene diacetate.
 2                  (25)  Formamide.
 3                  (26)  Formic acid.
 4                  (27)  Hexane.
 5                  (28)  Hydrochloric acid.
 6                  (29)  Hydrochloric gas.
 7                  (30)  Hydrogen peroxide.
 8                  (31)  Iodine.
 9                  (32)  Isobutyl alcohol.
10                  (33)  Isopropyl alcohol.
11                  (34)  Kerosene.
12                  (35)  Lithium metal.
13                  (36)  Methyl alcohol.
14                  (37)  Methylene chloride.
15                  (38)  Methyl ethyl ketone (or 2-Butanone).
16                  (39)  Methyl isobutyl alcohol.
17                  (40)  Petroleum ether.
18                  (41)  Potassium carbonate.
19                  (42)  Potassium cyanide.
20                  (43)  Potassium hydroxide.
21                  (44)  Potassium permanganate.
22                  (45)  Red phosphorus.
23                  (46)  Sodium bicarbonate.
24                  (47)  Sodium carbonate.
25                  (48)  Sodium cyanide.
26                  (49)  Sodium hydroxide.
27                  (50)  Sodium sulfate.
28                  (51)  Sulfuric acid.
29                  (52)  Tartaric acid.
30                  (53)  Toluene.
31                  (54)  Trichloroethylene.
32                  (55)  Urea.
33                  (56)  Xylenes.
34        (e)  "Control" means to add a drug or other substance, or
 
HB1278 Engrossed            -7-               LRB9101304RCksB
 1    immediate  precursor,  to a Schedule under Article II of this
 2    Act whether by transfer from another Schedule or otherwise.
 3        (f)  "Controlled Substance" means a drug,  substance,  or
 4    immediate  precursor  in  the Schedules of Article II of this
 5    Act.
 6        (g)  "Counterfeit   substance"   means    a    controlled
 7    substance,  which,  or  the  container  or labeling of which,
 8    without authorization bears the  trademark,  trade  name,  or
 9    other  identifying  mark,  imprint,  number or device, or any
10    likeness  thereof,  of  a   manufacturer,   distributor,   or
11    dispenser  other  than  the  person who in fact manufactured,
12    distributed, or dispensed the substance.
13        (h)  "Deliver"   or   "delivery"   means   the    actual,
14    constructive   or  attempted  transfer  of  possession  of  a
15    controlled substance, with or without consideration,  whether
16    or not there is an agency relationship.
17        (i)  "Department"  means the Illinois Department of Human
18    Services (as successor to the Department  of  Alcoholism  and
19    Substance Abuse) or its successor agency.
20        (j)  "Department of State Police" means the Department of
21    State  Police  of  the  State  of  Illinois  or its successor
22    agency.
23        (k)  "Department of Corrections" means the Department  of
24    Corrections of the State of Illinois or its successor agency.
25        (l)  "Department  of  Professional  Regulation" means the
26    Department  of  Professional  Regulation  of  the  State   of
27    Illinois or its successor agency.
28        (m)  "Depressant" or "stimulant substance" means:
29             (1)  a  drug  which  contains  any  quantity  of (i)
30        barbituric acid or any of the salts  of  barbituric  acid
31        which  has been designated as habit forming under section
32        502 (d) of the Federal Food, Drug, and Cosmetic  Act  (21
33        U.S.C. 352 (d)); or
34             (2)  a  drug  which  contains  any  quantity  of (i)
 
HB1278 Engrossed            -8-               LRB9101304RCksB
 1        amphetamine or methamphetamine and any of  their  optical
 2        isomers;  (ii) any salt of amphetamine or methamphetamine
 3        or any salt of an optical isomer of amphetamine; or (iii)
 4        any substance which the Department, after  investigation,
 5        has found to be, and by rule designated as, habit forming
 6        because  of  its  depressant  or  stimulant effect on the
 7        central nervous system; or
 8             (3)  lysergic acid diethylamide; or
 9             (4)  any drug  which  contains  any  quantity  of  a
10        substance  which the Department, after investigation, has
11        found to have,  and  by  rule  designated  as  having,  a
12        potential   for   abuse  because  of  its  depressant  or
13        stimulant effect on the central  nervous  system  or  its
14        hallucinogenic effect.
15        (n)  "Designated   product"   means  any  narcotic  drug,
16    amphetamine, phenmetrazine,  methamphetamine,  gluthethimide,
17    pentazocine  or  cannabis  product  listed in Schedule II and
18    also means a controlled substance listed in Schedule II which
19    is  determined  and  designated  by  the  Department  or  its
20    successor agency to be such a product. A  designated  product
21    shall only be dispensed upon an official prescription blank.
22        (o)  "Director"  means  the Director of the Department of
23    State Police or the Department of Professional Regulation  or
24    his designated agents.
25        (p)  "Dispense"  means  to deliver a controlled substance
26    to an ultimate user or research subject by or pursuant to the
27    lawful order of  a  prescriber,  including  the  prescribing,
28    administering,  packaging, labeling, or compounding necessary
29    to prepare the substance for that delivery.
30        (q)  "Dispenser" means a practitioner who dispenses.
31        (r)  "Distribute"  means  to  deliver,  other   than   by
32    administering or dispensing, a controlled substance.
33        (s)  "Distributor" means a person who distributes.
34        (t)  "Drug"  means  (1) substances recognized as drugs in
 
HB1278 Engrossed            -9-               LRB9101304RCksB
 1    the   official   United   States   Pharmacopoeia,    Official
 2    Homeopathic  Pharmacopoeia  of the United States, or official
 3    National Formulary, or any supplement to  any  of  them;  (2)
 4    substances  intended  for use in diagnosis, cure, mitigation,
 5    treatment, or prevention of disease in man  or  animals;  (3)
 6    substances (other than food) intended to affect the structure
 7    of  any  function  of  the  body  of  man  or animals and (4)
 8    substances intended for use as a  component  of  any  article
 9    specified  in clause (1), (2), or (3) of this subsection.  It
10    does not include  devices  or  their  components,  parts,  or
11    accessories.
12        (t-1)  "Equipment  used  for facilitating the manufacture
13    of  a  controlled  or  counterfeit  substance  or  controlled
14    substance analog" means, but is not  limited  to,  three-neck
15    round-bottom   flasks,   tableting   machines,  encapsulating
16    machines,  heating  mantles,  tanks  suitable   for   holding
17    anhydrous  ammonia  or  instruments  or  devices suitable for
18    blending or crushing substances into  liquid  or  powder;  it
19    also  means  any  punch,  die,  plate,  stone  or other thing
20    designed to print, imprint, or reproduce the trademark, trade
21    name or other identifying mark, imprint, or device of another
22    or any likeness of any of the  foregoing  upon  any  drug  or
23    container  or  labeling  of  the  drug  or container so as to
24    render the drug a counterfeit substance.
25        (u)  "Good faith" means the prescribing or dispensing  of
26    a  controlled  substance  by  a  practitioner  in the regular
27    course of professional treatment to or for any person who  is
28    under  his  treatment for a pathology or condition other than
29    that individual's physical or psychological  dependence  upon
30    or  addiction  to  a controlled substance, except as provided
31    herein:  and application of the term to  a  pharmacist  shall
32    mean the dispensing of a controlled substance pursuant to the
33    prescriber's  order which in the professional judgment of the
34    pharmacist is lawful.  The  pharmacist  shall  be  guided  by
 
HB1278 Engrossed            -10-              LRB9101304RCksB
 1    accepted professional standards including, but not limited to
 2    the following, in making the judgment:
 3             (1)  lack    of    consistency   of   doctor-patient
 4        relationship,
 5             (2)  frequency of prescriptions for same drug by one
 6        prescriber for large numbers of patients,
 7             (3)  quantities beyond those normally prescribed,
 8             (4)  unusual dosages,
 9             (5)  unusual geographic distances  between  patient,
10        pharmacist and prescriber,
11             (6)  consistent prescribing of habit-forming drugs.
12        (u-1)  "Home  infusion  services" means services provided
13    by  a  pharmacy   in   compounding   solutions   for   direct
14    administration to a patient in a private residence, long-term
15    care  facility,  or  hospice  setting by means of parenteral,
16    intravenous,  intramuscular,  subcutaneous,  or   intraspinal
17    infusion.
18        (v)  "Immediate precursor" means a substance:
19             (1)  which  the  Department  has  found to be and by
20        rule designated as being a principal  compound  used,  or
21        produced  primarily  for  use,  in  the  manufacture of a
22        controlled substance;
23             (2)  which is  an  immediate  chemical  intermediary
24        used  or  likely  to  be  used in the manufacture of such
25        controlled substance; and
26             (3)  the control of which is necessary  to  prevent,
27        curtail  or  limit  the  manufacture  of  such controlled
28        substance.
29        (w)  "Instructional  activities"  means   the   acts   of
30    teaching,  educating  or  instructing  by practitioners using
31    controlled substances within educational facilities  approved
32    by the State Board of Education or its successor agency.
33        (x)  "Local  authorities"  means  a duly organized State,
34    County or Municipal peace unit or police force.
 
HB1278 Engrossed            -11-              LRB9101304RCksB
 1        (y)  "Look-alike substance" means a substance, other than
 2    a controlled substance  which  (1)  by  overall  dosage  unit
 3    appearance,  including  shape,  color, size, markings or lack
 4    thereof,  taste,  consistency,  or  any   other   identifying
 5    physical  characteristic  of  the  substance,  would  lead  a
 6    reasonable   person  to  believe  that  the  substance  is  a
 7    controlled  substance,  or  (2)  is  expressly  or  impliedly
 8    represented to be a controlled substance  or  is  distributed
 9    under  circumstances  which would lead a reasonable person to
10    believe that the substance is a controlled substance. For the
11    purpose of determining whether the  representations  made  or
12    the circumstances of the distribution would lead a reasonable
13    person  to believe the substance to be a controlled substance
14    under this clause (2) of subsection (y), the court  or  other
15    authority  may  consider the following factors in addition to
16    any other factor that may be relevant:
17             (a)  statements made  by  the  owner  or  person  in
18        control  of  the  substance concerning its nature, use or
19        effect;
20             (b)  statements made to the buyer or recipient  that
21        the substance may be resold for profit;
22             (c)  whether  the  substance is packaged in a manner
23        normally used for the illegal distribution of  controlled
24        substances;
25             (d)  whether    the    distribution   or   attempted
26        distribution included an exchange of or demand for  money
27        or  other  property  as  consideration,  and  whether the
28        amount of the  consideration  was  substantially  greater
29        than the reasonable retail market value of the substance.
30        Clause  (1)  of  this subsection (y) shall not apply to a
31    noncontrolled substance in its finished dosage form that  was
32    initially  introduced  into  commerce  prior  to  the initial
33    introduction into commerce of a controlled substance  in  its
34    finished dosage form which it may substantially resemble.
 
HB1278 Engrossed            -12-              LRB9101304RCksB
 1        Nothing  in  this subsection (y) prohibits the dispensing
 2    or  distributing  of  noncontrolled  substances  by   persons
 3    authorized  to  dispense and distribute controlled substances
 4    under this Act, provided that such action would be deemed  to
 5    be  carried  out  in  good  faith under subsection (u) if the
 6    substances involved were controlled substances.
 7        Nothing in this subsection (y) or in this  Act  prohibits
 8    the   manufacture,   preparation,  propagation,  compounding,
 9    processing, packaging, advertising or distribution of a  drug
10    or  drugs by any person registered pursuant to Section 510 of
11    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
12        (y-1)  "Mail-order pharmacy" means  a  pharmacy  that  is
13    located in a state of the United States, other than Illinois,
14    that  delivers,  dispenses or distributes, through the United
15    States Postal Service or other common  carrier,  to  Illinois
16    residents, any substance which requires a prescription.
17        (z)  "Manufacture"  means  the  production,  preparation,
18    propagation,  compounding,  conversion  or  processing  of  a
19    controlled  substance,  either  directly  or  indirectly,  by
20    extraction    from   substances   of   natural   origin,   or
21    independently  by  means  of  chemical  synthesis,  or  by  a
22    combination  of  extraction  and  chemical   synthesis,   and
23    includes  any  packaging  or  repackaging of the substance or
24    labeling of its container, except that  this  term  does  not
25    include:
26             (1)  by   an   ultimate  user,  the  preparation  or
27        compounding of a controlled substance for his own use; or
28             (2)  by a  practitioner,  or  his  authorized  agent
29        under  his  supervision,  the  preparation,  compounding,
30        packaging, or labeling of a controlled substance:
31                  (a)  as  an  incident  to  his administering or
32             dispensing of a controlled substance in  the  course
33             of his professional practice; or
34                  (b)  as   an   incident   to  lawful  research,
 
HB1278 Engrossed            -13-              LRB9101304RCksB
 1             teaching or chemical analysis and not for sale.
 2        (aa)  "Narcotic drug" means any of the following, whether
 3    produced directly or indirectly by extraction from substances
 4    of natural origin, or  independently  by  means  of  chemical
 5    synthesis,  or  by  a  combination of extraction and chemical
 6    synthesis:
 7             (1)  opium  and  opiate,  and  any  salt,  compound,
 8        derivative, or preparation of opium or opiate;
 9             (2)  any  salt,  compound,  isomer,  derivative,  or
10        preparation thereof which  is  chemically  equivalent  or
11        identical  with  any  of  the  substances  referred to in
12        clause (1), but not including the isoquinoline  alkaloids
13        of opium;
14             (3)  opium poppy and poppy straw;
15             (4)  coca  leaves  and  any salts, compound, isomer,
16        salt of an isomer, derivative,  or  preparation  of  coca
17        leaves  including  cocaine  or  ecgonine,  and  any salt,
18        compound,  isomer,  derivative,  or  preparation  thereof
19        which is chemically equivalent or identical with  any  of
20        these  substances,  but  not  including decocainized coca
21        leaves or extractions of coca leaves which do not contain
22        cocaine or ecgonine (for the purpose of  this  paragraph,
23        the   term  "isomer"  includes  optical,  positional  and
24        geometric isomers).
25        (bb)  "Nurse" means a registered nurse licensed under the
26    Nursing and Advanced Practice Nursing Act.
27        (cc)  "Official prescription blanks" means the triplicate
28    prescription forms supplied to prescribers by the  Department
29    for  prescribing  Schedule  II  Designated Product controlled
30    substances.
31        (dd)  "Opiate" means any substance  having  an  addiction
32    forming or addiction sustaining liability similar to morphine
33    or  being  capable of conversion into a drug having addiction
34    forming or addiction sustaining liability.
 
HB1278 Engrossed            -14-              LRB9101304RCksB
 1        (ee)  "Opium  poppy"  means  the  plant  of  the  species
 2    Papaver somniferum L., except its seeds.
 3        (ff)  "Parole and Pardon  Board"  means  the  Parole  and
 4    Pardon  Board  of  the  State  of  Illinois  or its successor
 5    agency.
 6        (gg)  "Person"   means   any   individual,   corporation,
 7    mail-order pharmacy, government or  governmental  subdivision
 8    or  agency,  business  trust,  estate,  trust, partnership or
 9    association, or any other entity.
10        (hh)  "Pharmacist"  means  any   person   who   holds   a
11    certificate  of  registration  as  a registered pharmacist, a
12    local  registered  pharmacist  or  a   registered   assistant
13    pharmacist under the Pharmacy Practice Act of 1987.
14        (ii)  "Pharmacy"  means any store, ship or other place in
15    which pharmacy  is  authorized  to  be  practiced  under  the
16    Pharmacy Practice Act of 1987.
17        (jj)  "Poppy straw" means all parts, except the seeds, of
18    the opium poppy, after mowing.
19        (kk)  "Practitioner"   means   a  physician  licensed  to
20    practice medicine in all its branches,  dentist,  podiatrist,
21    veterinarian,  scientific investigator, pharmacist, physician
22    assistant, advanced practice nurse, licensed practical nurse,
23    registered nurse, hospital, laboratory, or pharmacy, or other
24    person licensed, registered, or otherwise lawfully  permitted
25    by  the  United States or this State to distribute, dispense,
26    conduct research  with  respect  to,  administer  or  use  in
27    teaching  or chemical analysis, a controlled substance in the
28    course of professional practice or research.
29        (ll)  "Pre-printed   prescription"   means   a    written
30    prescription   upon   which  the  designated  drug  has  been
31    indicated prior to the time of issuance.
32        (mm)  "Prescriber" means a physician licensed to practice
33    medicine  in  all  its  branches,  dentist,   podiatrist   or
34    veterinarian who issues a prescription, a physician assistant
 
HB1278 Engrossed            -15-              LRB9101304RCksB
 1    who  issues  a  prescription  for  a  Schedule  III, IV, or V
 2    controlled substance as delegated by a physician licensed  to
 3    practice  medicine in all its branches in accordance with the
 4    written  guidelines  required  under  Section  7.5   of   the
 5    Physician  Assistant  Practice  Act  of  1987, or an advanced
 6    practice nurse with prescriptive authority, as delegated by a
 7    physician licensed to practice medicine in all its  branches,
 8    in  accordance  with  a written collaborative agreement under
 9    Sections 15-15 and 15-20 of the Nursing and Advanced Practice
10    Nursing Act.
11        (nn)  "Prescription" means a lawful  written,  facsimile,
12    or  verbal order of a physician licensed to practice medicine
13    in all its branches, dentist, podiatrist or veterinarian  for
14    any  controlled  substance,  of  a  physician assistant for a
15    Schedule III, IV, or V controlled substance as delegated by a
16    physician licensed to practice medicine in all  its  branches
17    in  accordance  with  the  written  guidelines required under
18    Section 7.5 of the Physician Assistant Practice Act of  1987,
19    or  of  an  advanced practice nurse who issues a prescription
20    for a Schedule III, IV, or V controlled  substance,  pursuant
21    to  prescriptive  authority delegated by a physician licensed
22    to practice medicine in all its branches, in accordance  with
23    a  written  collaborative  agreement under Sections 15-15 and
24    15-20 of the Nursing and Advanced Practice Nursing Act.
25        (oo)  "Production"  or   "produce"   means   manufacture,
26    planting, cultivating, growing, or harvesting of a controlled
27    substance.
28        (pp)  "Registrant"  means every person who is required to
29    register under Section 302 of this Act.
30        (qq)  "Registry number" means the number assigned to each
31    person authorized to handle controlled substances  under  the
32    laws of the United States and of this State.
33        (rr)  "State"  includes  the  State  of  Illinois and any
34    state, district, commonwealth, territory, insular  possession
 
HB1278 Engrossed            -16-              LRB9101304RCksB
 1    thereof,  and  any area subject to the legal authority of the
 2    United States of America.
 3        (ss)  "Ultimate  user"  means  a  person   who   lawfully
 4    possesses  a  controlled substance for his own use or for the
 5    use of a member of his household or for administering  to  an
 6    animal owned by him or by a member of his household.
 7    (Source:  P.A.  89-202,  eff.  10-1-95;  89-507, eff. 7-1-97;
 8    90-116, eff. 7-14-97; 90-742, eff. 8-13-98.)

 9        (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
10        Sec. 401.  Except  as  authorized  by  this  Act,  it  is
11    unlawful  for  any  person  knowingly  to: (i) manufacture or
12    deliver, or possess with intent to manufacture or deliver,  a
13    controlled  or  counterfeit substance or controlled substance
14    analog  or  (ii)  possess  any  immediate  precursor   of   a
15    controlled  or  counterfeit substance or controlled substance
16    analog with intent to manufacture a controlled or counterfeit
17    substance or  controlled  substance  analog  or  possess  any
18    immediate   chemical   intermediary  listed  in  any  of  the
19    provisions of this Section with the intent to  manufacture  a
20    controlled  or  counterfeit substance or controlled substance
21    analog. A violation of this Act with respect to each  of  the
22    controlled  substances listed herein constitutes a single and
23    separate  violation  of  this  Act.   For  purposes  of  this
24    Section, "controlled substance analog" or  "analog"  means  a
25    substance which is intended for human consumption, other than
26    a   controlled  substance,  that  has  a  chemical  structure
27    substantially similar to that of a  controlled  substance  in
28    Schedule  I  or  II,  or  that  was  specifically designed to
29    produce  an  effect  substantially  similar  to  that  of   a
30    controlled  substance  in  Schedule  I  or  II.   Examples of
31    chemical classes in which controlled  substance  analogs  are
32    found  include,  but  are  not  limited  to,  the  following:
33    phenethylamines,   N-substituted   piperidines,   morphinans,
 
HB1278 Engrossed            -17-              LRB9101304RCksB
 1    ecgonines,    quinazolinones,    substituted   indoles,   and
 2    arylcycloalkylamines.  For purposes of this Act, a controlled
 3    substance analog shall be treated in the same manner  as  the
 4    controlled substance to which it is substantially similar.
 5        (a)  Any person who violates this Section with respect to
 6    the following amounts of controlled or counterfeit substances
 7    or  controlled  substance analogs, notwithstanding any of the
 8    provisions of subsections (c), (d), (e), (f), (g) or  (h)  to
 9    the  contrary,  is  guilty  of  a Class X felony and shall be
10    sentenced to a term  of  imprisonment  as  provided  in  this
11    subsection (a) and fined as provided in subsection (b):
12             (1) (A)  not  less than 6 years and not more than 30
13             years with respect to 15 grams or more but less than
14             100 grams of a substance containing  heroin,  or  an
15             analog thereof;
16                  (B)  not less than 9 years and not more than 40
17             years  with  respect  to  100 grams or more but less
18             than 400 grams of a substance containing heroin,  or
19             an analog thereof;
20                  (C)  not  less  than 12 years and not more than
21             50 years with respect to 400 grams or more but  less
22             than  900 grams of a substance containing heroin, or
23             an analog thereof;
24                  (D)  not less than 15 years and not  more  than
25             60  years  with  respect to 900 grams or more of any
26             substance containing heroin, or an analog thereof;

27             (2) (A)  not less than 6 years and not more than  30
28             years with respect to 15 grams or more but less than
29             100  grams  of a substance containing cocaine, or an
30             analog thereof;
31                  (B)  not less than 9 years and not more than 40
32             years with respect to 100 grams  or  more  but  less
33             than 400 grams of a substance containing cocaine, or
34             an analog thereof;
 
HB1278 Engrossed            -18-              LRB9101304RCksB
 1                  (C)  not  less  than 12 years and not more than
 2             50 years with respect to 400 grams or more but  less
 3             than 900 grams of a substance containing cocaine, or
 4             an analog thereof;
 5                  (D)  not  less  than 15 years and not more than
 6             60 years with respect to 900 grams or  more  of  any
 7             substance containing cocaine, or an analog thereof;

 8             (3) (A)  not  less than 6 years and not more than 30
 9             years with respect to 15 grams or more but less than
10             100 grams of a substance containing morphine, or  an
11             analog thereof;
12                  (B)  not less than 9 years and not more than 40
13             years  with  respect  to  100 grams or more but less
14             than 400 grams of a substance  containing  morphine,
15             or an analog thereof;
16                  (C)  not  less  than 12 years and not more than
17             50 years with respect to 400 grams or more but  less
18             than  900  grams of a substance containing morphine,
19             or an analog thereof;
20                  (D)  not less than 15 years and not  more  than
21             60  years  with  respect  to  900 grams or more of a
22             substance containing morphine, or an analog thereof;
23             (4)  200 grams or more of any  substance  containing
24        peyote, or an analog thereof;
25             (5)  200 grams or more of any substance containing a
26        derivative  of  barbituric  acid or any of the salts of a
27        derivative of barbituric acid, or an analog thereof;
28             (6)  200 grams or more of any  substance  containing
29        amphetamine   or   any  salt  of  an  optical  isomer  of
30        amphetamine, or an analog thereof;
31             (6.5) (A)  not less than 6 years and not  more  than
32             30  years  with respect to 15 grams or more but less
33             than   100   grams   of   a   substance   containing
34             methamphetamine or any salt of an optical isomer  of
 
HB1278 Engrossed            -19-              LRB9101304RCksB
 1             methamphetamine, or an analog thereof;
 2                  (B)  not less than 6 years and not more than 40
 3             years  with  respect  to  100 grams or more but less
 4             than   400   grams   of   a   substance   containing
 5             methamphetamine or any salt of an optical isomer  of
 6             methamphetamine, or an analog thereof;
 7                  (C)  not less than 6 years and not more than 50
 8             years  with  respect  to  400 grams or more but less
 9             than   900   grams   of   a   substance   containing
10             methamphetamine or any salt of an optical isomer  of
11             methamphetamine, or an analog thereof;
12                  (D)  not less than 6 years and not more than 60
13             years  with  respect  to  900  grams  or more of any
14             substance containing methamphetamine or any salt  of
15             an  optical  isomer of methamphetamine, or an analog
16             thereof.
17             (6.6) (A) not less than 6 years and not more than 30
18        years for the possession of any  immediate  precursor  or
19        other immediate chemical intermediary of methamphetamine,
20        including  but  not  limited to, any substance containing
21        ephedrine,        pseudoephedrine,         phenylacetone,
22        phenyl-2-propanone, benzyl methyl ketone or methyl benzyl
23        ketone,  when such immediate precursor or other immediate
24        chemical  intermediary  is  possessed  with   intent   to
25        manufacture  30  grams or more but less than 150 grams of
26        any substance containing methamphetamine, or salt of  any
27        optical isomer of methamphetamine, or an analog thereof;
28                  (B)  not less than 6 years and not more than 40
29             years  for the possession of any immediate precursor
30             or  other   immediate   chemical   intermediary   of
31             methamphetamine,  including  but not limited to, any
32             substance  containing  ephedrine,   pseudoephedrine,
33             phenylacetone,   phenyl-2-propanone,  benzyl  methyl
34             ketone or methyl benzyl ketone, when such  immediate
 
HB1278 Engrossed            -20-              LRB9101304RCksB
 1             precursor  or  other immediate chemical intermediary
 2             is possessed with intent to manufacture 150 grams or
 3             more but  less  than  500  grams  of  any  substance
 4             containing  methamphetamine,  or  salt of an optical
 5             isomer of methamphetamine, or an analog thereof;
 6                  (C)  not less than 6 years and not more than 50
 7             years for the possession of any immediate  precursor
 8             or   other   immediate   chemical   intermediary  of
 9             methamphetamine, including, but not limited to,  any
10             substance   containing  ephedrine,  pseudoephedrine,
11             phenylacetone,  phenyl-2-propanone,  benzyl   methyl
12             ketone  or methyl benzyl ketone, when such immediate
13             precursor or other immediate  chemical  intermediary
14             is possessed with intent to manufacture 500 grams or
15             more  but  less  than  1200  grams  of any substance
16             containing methamphetamine, or salt  of  an  optical
17             isomer of methamphetamine, or an analog thereof;
18                  (D)  not less than 6 years and not more than 60
19             years  for the possession of any immediate precursor
20             or  other   immediate   chemical   intermediary   of
21             methamphetamine,  including  but not limited to, any
22             substance  containing  ephedrine,   pseudoephedrine,
23             phenylacetone,   phenyl-2-propanone,  benzyl  methyl
24             ketone or methyl benzyl ketone, when such  immediate
25             precursor  or  other immediate chemical intermediary
26             is possessed with intent to manufacture  1200  grams
27             or more of any substance containing methamphetamine,
28             or  salt of an optical isomer of methamphetamine, or
29             an analog thereof;
30             (7) (A)  not less than 6 years and not more than  30
31             years with respect to: (i) 15 grams or more but less
32             than  100  grams  of a substance containing lysergic
33             acid diethylamide (LSD), or an  analog  thereof,  or
34             (ii)  15  or  more  objects or 15 or more segregated
 
HB1278 Engrossed            -21-              LRB9101304RCksB
 1             parts of an object or  objects  but  less  than  200
 2             objects  or  200  segregated  parts  of an object or
 3             objects containing in them or having upon  them  any
 4             amounts  of  any  substance containing lysergic acid
 5             diethylamide (LSD), or an analog thereof;
 6                  (B)  not less than 9 years and not more than 40
 7             years with respect to: (i) 100  grams  or  more  but
 8             less  than  400  grams  of  a  substance  containing
 9             lysergic  acid  diethylamide  (LSD),  or  an  analog
10             thereof,  or (ii) 200 or more objects or 200 or more
11             segregated parts of an object or  objects  but  less
12             than  600  objects or less than 600 segregated parts
13             of an object or objects containing in them or having
14             upon them any amount  of  any  substance  containing
15             lysergic  acid  diethylamide  (LSD),  or  an  analog
16             thereof;
17                  (C)  not  less  than 12 years and not more than
18             50 years with respect to: (i) 400 grams or more  but
19             less  than  900  grams  of  a  substance  containing
20             lysergic  acid  diethylamide  (LSD),  or  an  analog
21             thereof,  or (ii) 600 or more objects or 600 or more
22             segregated parts of an object or  objects  but  less
23             than  1500  objects  or  1500 segregated parts of an
24             object or objects containing in them or having  upon
25             them any amount of any substance containing lysergic
26             acid diethylamide (LSD), or an analog thereof;
27                  (D)  not  less  than 15 years and not more than
28             60 years with respect to: (i) 900 grams or  more  of
29             any  substance containing lysergic acid diethylamide
30             (LSD), or an analog thereof, or (ii)  1500  or  more
31             objects  or  1500  or  more  segregated  parts of an
32             object or objects containing in them or having  upon
33             them  any  amount of a substance containing lysergic
34             acid diethylamide (LSD), or an analog thereof;
 
HB1278 Engrossed            -22-              LRB9101304RCksB
 1             (8)  30 grams or more of  any  substance  containing
 2        pentazocine  or  any  of  the salts, isomers and salts of
 3        isomers of pentazocine, or an analog thereof;
 4             (9)  30 grams or more of  any  substance  containing
 5        methaqualone  or  any  of the salts, isomers and salts of
 6        isomers of methaqualone, or an analog thereof;
 7             (10)  30  grams   or   more   of    any    substance
 8        containing   phencyclidine or any of the  salts,  isomers
 9        and  salts  of  isomers  of phencyclidine  (PCP),  or  an
10        analog  thereof;
11             (10.5)  30 grams or more of any substance containing
12        ketamine  or  any  of  the  salts,  isomers  and salts of
13        isomers of ketamine, or an analog thereof;
14             (11)  200 grams or more of any substance  containing
15        any  other controlled substance classified in Schedules I
16        or II, or an  analog  thereof,  which  is  not  otherwise
17        included in this subsection.
18        (b)  Any  person  sentenced with respect to violations of
19    paragraph (1), (2), (3), (6.5), (6.6), or (7)  of  subsection
20    (a)  involving  100 grams or more of the controlled substance
21    named therein, may in  addition  to  the  penalties  provided
22    therein,  be  fined  an  amount not more than $500,000 or the
23    full street value of the controlled or counterfeit  substance
24    or  controlled  substance  analog, whichever is greater.  The
25    term "street  value"  shall  have  the  meaning  ascribed  in
26    Section 110-5 of the Code of Criminal Procedure of 1963.  Any
27    person  sentenced  with  respect  to  any  other provision of
28    subsection (a), may in addition  to  the  penalties  provided
29    therein, be fined an amount not to exceed $500,000.
30        (c)  Any  person who violates this Section with regard to
31    the following amounts of controlled or counterfeit substances
32    or controlled substance analogs, notwithstanding any  of  the
33    provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
34    to the contrary, is guilty of a Class 1 felony.  The fine for
 
HB1278 Engrossed            -23-              LRB9101304RCksB
 1    violation  of  this  subsection  (c)  shall  not be more than
 2    $250,000:
 3             (1)  10 or more grams but less than 15 grams of  any
 4        substance containing heroin, or an analog thereof;
 5             (2)  1  gram  or  more but less than 15 grams of any
 6        substance containing cocaine, or an analog thereof;
 7             (3)  10 grams or more but less than 15 grams of  any
 8        substance containing morphine, or an analog thereof;
 9             (4)  50 grams or more but less than 200 grams of any
10        substance containing peyote, or an analog thereof;
11             (5)  50 grams or more but less than 200 grams of any
12        substance  containing  a derivative of barbituric acid or
13        any of the salts of a derivative of barbituric  acid,  or
14        an analog thereof;
15             (6)  50 grams or more but less than 200 grams of any
16        substance  containing  amphetamine  or  any  salt  of  an
17        optical isomer of amphetamine, or an analog thereof;
18             (6.5)  5 grams or more but less than 15 grams of any
19        substance  containing  methamphetamine  or  any  salt  or
20        optical isomer of methamphetamine, or an analog thereof;
21             (7)  (i)  5  grams or more but less than 15 grams of
22        any  substance  containing  lysergic  acid   diethylamide
23        (LSD), or an analog thereof, or (ii) more than 10 objects
24        or  more than 10 segregated parts of an object or objects
25        but less than 15 objects or less than 15 segregated parts
26        of an object containing in them or having upon  them  any
27        amount   of   any   substance  containing  lysergic  acid
28        diethylamide (LSD), or an analog thereof;
29             (8)  10 grams or more but less than 30 grams of  any
30        substance  containing  pentazocine  or  any of the salts,
31        isomers and salts of isomers of pentazocine, or an analog
32        thereof;
33             (9)  10 grams or more but less than 30 grams of  any
34        substance  containing  methaqualone  or any of the salts,
 
HB1278 Engrossed            -24-              LRB9101304RCksB
 1        isomers and salts  of  isomers  of  methaqualone,  or  an
 2        analog thereof;
 3             (10)  10 grams or more but less than 30 grams of any
 4        substance  containing  phencyclidine or any of the salts,
 5        isomers and salts of isomers of phencyclidine  (PCP),  or
 6        an analog thereof;
 7             (10.5)  10  grams  or more but less than 30 grams of
 8        any substance containing ketamine or any  of  the  salts,
 9        isomers  and  salts  of isomers of ketamine, or an analog
10        thereof;
11             (11)  50 grams or more but less than  200  grams  of
12        any   substance  containing  a  substance  classified  in
13        Schedules I or II, or an analog  thereof,  which  is  not
14        otherwise included in this subsection.
15        (c-5)  Any  person  who violates this Section with regard
16    to possession of an immediate precursor  or  other  immediate
17    chemical  intermediary  of methamphetamine, including but not
18    limited    to    any    substance    containing    ephedrine,
19    pseudoephedrine,  phenylacetone,  phenyl-2-propanone,  benzyl
20    methyl ketone or methyl benzyl ketone,  when  such  immediate
21    precursor   or  other  immediate  chemical  intermediatry  is
22    possessed with intent to manufacture 15  grams  or  more  but
23    less  than 30 grams of methamphetamine, or salt of an optical
24    isomer of methamphetamine or any analog thereof, is guilty of
25    a Class 1 felony.  The fine for violation of this  subsection
26    (c-5) shall not be more than $250,000.
27        (d)  Any  person who violates this Section with regard to
28    any other amount of a  controlled  or  counterfeit  substance
29    classified  in Schedules I or II, or an analog thereof, which
30    is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
31    or an analog  thereof,  or  (iii)  any  substance  containing
32    methamphetamine   or   any   salt   or   optical   isomer  of
33    methamphetamine, or an analog thereof, is guilty of a Class 2
34    felony. The fine for violation of this subsection  (d)  shall
 
HB1278 Engrossed            -25-              LRB9101304RCksB
 1    not be more than $200,000.
 2        (d-5)  Any  person  who violates this Section with regard
 3    to possession of an immediate precursor  or  other  immediate
 4    chemical  intermediary  of methamphetamine including, but not
 5    limited    to,    any    substance    containing    ephedrine
 6    pseudoephedrine,  phenylacetone,  phenyl-2-propanone,  benzyl
 7    methyl ketone or methyl benzyl ketone,  when  such  immediate
 8    precursor or its immediate chemical intermediary is possessed
 9    with   intent   to   manufacture   less   than  15  grams  of
10    methamphetamine,  or   salt   of   an   optical   isomer   of
11    methamphetamine or any analog thereof, is guilty of a Class 2
12    felony.    The  fine  for  violation of this subsection (d-5)
13    shall not be more than $200,000.
14        (e)  Any person who violates this Section with regard  to
15    any  other  amount  of  a controlled or counterfeit substance
16    classified in Schedule I or II, or an analog  thereof,  which
17    substance  is  not  included  under  subsection  (d)  of this
18    Section, is  guilty  of  a  Class  3  felony.  The  fine  for
19    violation  of  this  subsection  (e)  shall  not be more than
20    $150,000.
21        (f)  Any person who violates this Section with regard  to
22    any  other  amount  of  a controlled or counterfeit substance
23    classified in Schedule III is guilty of a Class 3 felony. The
24    fine for violation of this subsection (f) shall not  be  more
25    than $125,000.
26        (g)  Any  person who violates this Section with regard to
27    any other amount of a  controlled  or  counterfeit  substance
28    classified  in Schedule IV is guilty of a Class 3 felony. The
29    fine for violation of this subsection (g) shall not  be  more
30    than $100,000.
31        (h)  Any  person who violates this Section with regard to
32    any other amount of a  controlled  or  counterfeit  substance
33    classified  in  Schedule V is guilty of a Class 3 felony. The
34    fine for violation of this subsection (h) shall not  be  more
 
HB1278 Engrossed            -26-              LRB9101304RCksB
 1    than $75,000.
 2        (i)  This  Section  does  not  apply  to the manufacture,
 3    possession or distribution of a substance in conformance with
 4    the provisions of an approved  new  drug  application  or  an
 5    exemption  for  investigational  use  within  the  meaning of
 6    Section 505 of the Federal Food, Drug and Cosmetic Act.
 7        (j)  It  may  be  inferred  that  a  person  who   either
 8    possessed  any substance containing an immediate precursor or
 9    possessed any substance  containing  any  immediate  chemical
10    intermediary  intended  to  use  the  entire  amount  of  the
11    immediate   precursor   or  immediate  chemical  intermediary
12    derivable from the substance  possessed  to  manufacture  the
13    controlled  or  counterfeit substance or controlled substance
14    analog if  the  immediate  precursor  or  immediate  chemical
15    intermediary  was  found  in  close proximity to chemicals or
16    equipment  used  for  facilitating  the  manufacture  of  the
17    controlled or counterfeit substance or  controlled  substance
18    analog  that  the  person  is  alleged  to  have  intended to
19    manufacture.
20    (Source: P.A. 89-404, eff.  8-20-95;  90-382,  eff.  8-15-97;
21    90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)

22        (720 ILCS 570/401.5)
23        Sec.  401.5.   Chemical  breakdown  of illicit controlled
24    substance.
25        (a)  It is unlawful  for  any  person  to  manufacture  a
26    controlled  substance  prohibited  by  this Act by chemically
27    deriving the controlled substance  from  one  or  more  other
28    controlled substances prohibited by this Act.
29        (a-5)  It  is  unlawful  for  any  person  to possess any
30    substance with the intent to use the substance to  facilitate
31    the manufacture of any controlled or counterfeit substance or
32    controlled  substance analog other than as authorized by this
33    Act.
 
HB1278 Engrossed            -27-              LRB9101304RCksB
 1        (b)  A violation of this Section is a Class 4 felony.
 2        (c)  This Section does not apply to  the  manufacture  of
 3    methamphetamine   or  to  the  possession  of  any  substance
 4    containing  an  immediate  precursor  or  immediate  chemical
 5    intermediary  possessed  with  the  intent   to   manufacture
 6    methamphetamine   or   any  salt  of  an  optical  isomer  of
 7    methamphetamine, or an analog of methamphetamine.
 8    (Source: P.A. 90-775, eff. 1-1-99.)

 9        (720 ILCS 570/406.2 new)
10        Sec. 406.2.  Use of a dangerous place for the  commission
11    of a controlled substance offense.
12        (a)  A  person  commits the offense of use of a dangerous
13    place for the commission of a  controlled  substance  offense
14    when  that  person knowingly exercises control over any place
15    with the intent to use that place to manufacture, deliver  or
16    possess  with  intent  to deliver a controlled or counterfeit
17    substance or controlled  substance  analog  in  violation  of
18    Section 401 of this Act and:
19             (1)  the  place,  by  virtue  of the presence of the
20        substance or substances used or intended to  be  used  to
21        manufacture  the  controlled  or counterfeit substance or
22        controlled substance analog, presents a substantial  risk
23        of injury to any person from fire, explosion, or exposure
24        to toxic or noxious chemicals or gas; or
25             (2)  the  place  used  or  intended  to  be  used to
26        manufacture, deliver, or possess with intent  to  deliver
27        the  controlled  or  counterfeit  substance or controlled
28        substance analog has located within it or surrounding  it
29        devices,  chemicals,  or  explosives designed, hidden, or
30        arranged in a manner that would  cause  a  person  to  be
31        exposed to a substantial risk of great bodily harm.
32        (b)  It  may  be inferred that a place was intended to be
33    used to manufacture a controlled or counterfeit substance  or
 
HB1278 Engrossed            -28-              LRB9101304RCksB
 1    controlled  substance  analog  if  a  substance  containing a
 2    controlled or counterfeit substance or  controlled  substance
 3    analog  or a substance containing a chemical important to the
 4    manufacture of  a  controlled  or  counterfeit  substance  or
 5    controlled  substance  analog  is  found  at the place of the
 6    alleged illegal controlled substance manufacturing  in  close
 7    proximity  to  equipment  or a chemical used for facilitating
 8    the manufacture of the controlled or counterfeit substance or
 9    controlled substance analog that  is  alleged  to  have  been
10    intended to be manufactured.
11        (c)  As  used  in  this Section, "place" means a premise,
12    conveyance,  or  location  that  offers  seclusion,  shelter,
13    means, or  facilitation  for  manufacturing,  possessing,  or
14    possessing with intent to deliver a controlled or counterfeit
15    substance or controlled substance analog.
16        (d)  Use  of  a  dangerous  place for the commission of a
17    controlled substance offense is a Class X felony.

[ Top ]