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91_HB1278sam002
LRB9101304RCksam03
1 AMENDMENT TO HOUSE BILL 1278
2 AMENDMENT NO. . Amend House Bill 1278 by replacing
3 the title with the following:
4 "AN ACT in relation to controlled substances."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Controlled Substances Act is
8 amended by changing Sections 102, 401, and 401.5 as follows:
9 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
10 Sec. 102. Definitions. As used in this Act, unless the
11 context otherwise requires:
12 (a) "Addict" means any person who habitually uses any
13 drug, chemical, substance or dangerous drug other than
14 alcohol so as to endanger the public morals, health, safety
15 or welfare or who is so far addicted to the use of a
16 dangerous drug or controlled substance other than alcohol as
17 to have lost the power of self control with reference to his
18 addiction.
19 (b) "Administer" means the direct application of a
20 controlled substance, whether by injection, inhalation,
21 ingestion, or any other means, to the body of a patient or
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1 research subject by:
2 (1) a practitioner (or, in his presence, by his
3 authorized agent), or
4 (2) the patient or research subject at the lawful
5 direction of the practitioner.
6 (c) "Agent" means an authorized person who acts on
7 behalf of or at the direction of a manufacturer, distributor,
8 or dispenser. It does not include a common or contract
9 carrier, public warehouseman or employee of the carrier or
10 warehouseman.
11 (c-1) "Anabolic Steroids" means any drug or hormonal
12 substance, chemically and pharmacologically related to
13 testosterone (other than estrogens, progestins, and
14 corticosteroids) that promotes muscle growth, and includes:
15 (i) boldenone,
16 (ii) chlorotestosterone,
17 (iii) chostebol,
18 (iv) dehydrochlormethyltestosterone,
19 (v) dihydrotestosterone,
20 (vi) drostanolone,
21 (vii) ethylestrenol,
22 (viii) fluoxymesterone,
23 (ix) formebulone,
24 (x) mesterolone,
25 (xi) methandienone,
26 (xii) methandranone,
27 (xiii) methandriol,
28 (xiv) methandrostenolone,
29 (xv) methenolone,
30 (xvi) methyltestosterone,
31 (xvii) mibolerone,
32 (xviii) nandrolone,
33 (xix) norethandrolone,
34 (xx) oxandrolone,
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1 (xxi) oxymesterone,
2 (xxii) oxymetholone,
3 (xxiii) stanolone,
4 (xxiv) stanozolol,
5 (xxv) testolactone,
6 (xxvi) testosterone,
7 (xxvii) trenbolone, and
8 (xxviii) any salt, ester, or isomer of a drug
9 or substance described or listed in this paragraph,
10 if that salt, ester, or isomer promotes muscle
11 growth.
12 Any person who is otherwise lawfully in possession of an
13 anabolic steroid, or who otherwise lawfully manufactures,
14 distributes, dispenses, delivers, or possesses with intent to
15 deliver an anabolic steroid, which anabolic steroid is
16 expressly intended for and lawfully allowed to be
17 administered through implants to livestock or other nonhuman
18 species, and which is approved by the Secretary of Health and
19 Human Services for such administration, and which the person
20 intends to administer or have administered through such
21 implants, shall not be considered to be in unauthorized
22 possession or to unlawfully manufacture, distribute,
23 dispense, deliver, or possess with intent to deliver such
24 anabolic steroid for purposes of this Act.
25 (d) "Administration" means the Drug Enforcement
26 Administration, United States Department of Justice, or its
27 successor agency.
28 (e) "Control" means to add a drug or other substance, or
29 immediate precursor, to a Schedule under Article II of this
30 Act whether by transfer from another Schedule or otherwise.
31 (f) "Controlled Substance" means a drug, substance, or
32 immediate precursor in the Schedules of Article II of this
33 Act.
34 (g) "Counterfeit substance" means a controlled
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1 substance, which, or the container or labeling of which,
2 without authorization bears the trademark, trade name, or
3 other identifying mark, imprint, number or device, or any
4 likeness thereof, of a manufacturer, distributor, or
5 dispenser other than the person who in fact manufactured,
6 distributed, or dispensed the substance.
7 (h) "Deliver" or "delivery" means the actual,
8 constructive or attempted transfer of possession of a
9 controlled substance, with or without consideration, whether
10 or not there is an agency relationship.
11 (i) "Department" means the Illinois Department of Human
12 Services (as successor to the Department of Alcoholism and
13 Substance Abuse) or its successor agency.
14 (j) "Department of State Police" means the Department of
15 State Police of the State of Illinois or its successor
16 agency.
17 (k) "Department of Corrections" means the Department of
18 Corrections of the State of Illinois or its successor agency.
19 (l) "Department of Professional Regulation" means the
20 Department of Professional Regulation of the State of
21 Illinois or its successor agency.
22 (m) "Depressant" or "stimulant substance" means:
23 (1) a drug which contains any quantity of (i)
24 barbituric acid or any of the salts of barbituric acid
25 which has been designated as habit forming under section
26 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
27 U.S.C. 352 (d)); or
28 (2) a drug which contains any quantity of (i)
29 amphetamine or methamphetamine and any of their optical
30 isomers; (ii) any salt of amphetamine or methamphetamine
31 or any salt of an optical isomer of amphetamine; or (iii)
32 any substance which the Department, after investigation,
33 has found to be, and by rule designated as, habit forming
34 because of its depressant or stimulant effect on the
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1 central nervous system; or
2 (3) lysergic acid diethylamide; or
3 (4) any drug which contains any quantity of a
4 substance which the Department, after investigation, has
5 found to have, and by rule designated as having, a
6 potential for abuse because of its depressant or
7 stimulant effect on the central nervous system or its
8 hallucinogenic effect.
9 (n) "Designated product" means any narcotic drug,
10 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
11 pentazocine or cannabis product listed in Schedule II and
12 also means a controlled substance listed in Schedule II which
13 is determined and designated by the Department or its
14 successor agency to be such a product. A designated product
15 shall only be dispensed upon an official prescription blank.
16 (o) "Director" means the Director of the Department of
17 State Police or the Department of Professional Regulation or
18 his designated agents.
19 (p) "Dispense" means to deliver a controlled substance
20 to an ultimate user or research subject by or pursuant to the
21 lawful order of a prescriber, including the prescribing,
22 administering, packaging, labeling, or compounding necessary
23 to prepare the substance for that delivery.
24 (q) "Dispenser" means a practitioner who dispenses.
25 (r) "Distribute" means to deliver, other than by
26 administering or dispensing, a controlled substance.
27 (s) "Distributor" means a person who distributes.
28 (t) "Drug" means (1) substances recognized as drugs in
29 the official United States Pharmacopoeia, Official
30 Homeopathic Pharmacopoeia of the United States, or official
31 National Formulary, or any supplement to any of them; (2)
32 substances intended for use in diagnosis, cure, mitigation,
33 treatment, or prevention of disease in man or animals; (3)
34 substances (other than food) intended to affect the structure
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1 of any function of the body of man or animals and (4)
2 substances intended for use as a component of any article
3 specified in clause (1), (2), or (3) of this subsection. It
4 does not include devices or their components, parts, or
5 accessories.
6 (t-1) "Drug manufacturing equipment" means, but is not
7 limited to, one, two, or three-neck round-bottom flasks,
8 reflux condensers, tableting machines, encapsulating
9 machines, heating mantles, tanks suitable for holding
10 anhydrous ammonia or instruments or devices suitable for
11 blending or crushing substances into liquid or powder. "Drug
12 manufacturing equipment" also means any punch, die, plate,
13 stone or other thing designed to print, imprint, or reproduce
14 the trademark, trade name or other identifying mark, imprint,
15 or device of another or any likeness of any of the foregoing
16 upon any drug or container or labeling of the drug or
17 container so as to render the drug a counterfeit substance.
18 (t-2) "Drug manufacturing facilitator" means any of the
19 following:
20 (1) Acetic acid.
21 (2) Acetic anhydride.
22 (3) Acetone.
23 (4) Acetyl chloride.
24 (5) Ammonium chloride.
25 (6) Ammonium formate.
26 (7) Ammonium hydroxide.
27 (8) Anhydrous ammonia.
28 (9) Benzene.
29 (10) Benzyl chloride.
30 (11) n-Butyl acetate.
31 (12) n-Butyl alcohol.
32 (13) sec-Butyl alcohol.
33 (14) Calcium carbonate.
34 (15) Calcium hydroxide.
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1 (16) Calcium oxide.
2 (17) Carbon disulfide.
3 (18) Chloroform.
4 (19) Cyclohexane.
5 (20) Diacetone alcohol.
6 (21) Ethyl acetate.
7 (22) Ethyl alcohol (or denatured alcohol).
8 (23) Ethyl ether.
9 (24) Ethylidene diacetate.
10 (25) Formamide.
11 (26) Formic acid.
12 (27) Hexane.
13 (28) Hydrochloric acid.
14 (29) Hydrochloric gas.
15 (30) Hydrogen peroxide.
16 (31) Iodine.
17 (32) Isobutyl alcohol.
18 (33) Isopropyl alcohol.
19 (34) Kerosene.
20 (35) Lithium metal.
21 (36) Methyl alcohol.
22 (37) Methylene chloride.
23 (38) Methyl ethyl ketone (or 2-Butanone).
24 (39) Methyl isobutyl alcohol.
25 (40) N-methylformamide.
26 (41) Petroleum ether.
27 (42) Potassium carbonate.
28 (43) Potassium cyanide.
29 (44) Potassium hydroxide.
30 (45) Potassium permanganate.
31 (46) Red phosphorus.
32 (47) Sodium bicarbonate.
33 (48) Sodium carbonate.
34 (49) Sodium cyanide.
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1 (50) Sodium hydroxide.
2 (51) Sodium sulfate.
3 (52) Sulfuric acid.
4 (53) Tartaric acid.
5 (54) Toluene.
6 (55) Trichloroethylene.
7 (56) Urea.
8 (57) Xylenes.
9 (u) "Good faith" means the prescribing or dispensing of
10 a controlled substance by a practitioner in the regular
11 course of professional treatment to or for any person who is
12 under his treatment for a pathology or condition other than
13 that individual's physical or psychological dependence upon
14 or addiction to a controlled substance, except as provided
15 herein: and application of the term to a pharmacist shall
16 mean the dispensing of a controlled substance pursuant to the
17 prescriber's order which in the professional judgment of the
18 pharmacist is lawful. The pharmacist shall be guided by
19 accepted professional standards including, but not limited to
20 the following, in making the judgment:
21 (1) lack of consistency of doctor-patient
22 relationship,
23 (2) frequency of prescriptions for same drug by one
24 prescriber for large numbers of patients,
25 (3) quantities beyond those normally prescribed,
26 (4) unusual dosages,
27 (5) unusual geographic distances between patient,
28 pharmacist and prescriber,
29 (6) consistent prescribing of habit-forming drugs.
30 (u-1) "Home infusion services" means services provided
31 by a pharmacy in compounding solutions for direct
32 administration to a patient in a private residence, long-term
33 care facility, or hospice setting by means of parenteral,
34 intravenous, intramuscular, subcutaneous, or intraspinal
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1 infusion.
2 (v) "Immediate precursor" means a substance:
3 (1) which the Department has found to be and by
4 rule designated as being a principal compound used, or
5 produced primarily for use, in the manufacture of a
6 controlled substance;
7 (2) which is an immediate chemical intermediary
8 used or likely to be used in the manufacture of such
9 controlled substance; and
10 (3) the control of which is necessary to prevent,
11 curtail or limit the manufacture of such controlled
12 substance.
13 (w) "Instructional activities" means the acts of
14 teaching, educating or instructing by practitioners using
15 controlled substances within educational facilities approved
16 by the State Board of Education or its successor agency.
17 (x) "Local authorities" means a duly organized State,
18 County or Municipal peace unit or police force.
19 (y) "Look-alike substance" means a substance, other than
20 a controlled substance which (1) by overall dosage unit
21 appearance, including shape, color, size, markings or lack
22 thereof, taste, consistency, or any other identifying
23 physical characteristic of the substance, would lead a
24 reasonable person to believe that the substance is a
25 controlled substance, or (2) is expressly or impliedly
26 represented to be a controlled substance or is distributed
27 under circumstances which would lead a reasonable person to
28 believe that the substance is a controlled substance. For the
29 purpose of determining whether the representations made or
30 the circumstances of the distribution would lead a reasonable
31 person to believe the substance to be a controlled substance
32 under this clause (2) of subsection (y), the court or other
33 authority may consider the following factors in addition to
34 any other factor that may be relevant:
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1 (a) statements made by the owner or person in
2 control of the substance concerning its nature, use or
3 effect;
4 (b) statements made to the buyer or recipient that
5 the substance may be resold for profit;
6 (c) whether the substance is packaged in a manner
7 normally used for the illegal distribution of controlled
8 substances;
9 (d) whether the distribution or attempted
10 distribution included an exchange of or demand for money
11 or other property as consideration, and whether the
12 amount of the consideration was substantially greater
13 than the reasonable retail market value of the substance.
14 Clause (1) of this subsection (y) shall not apply to a
15 noncontrolled substance in its finished dosage form that was
16 initially introduced into commerce prior to the initial
17 introduction into commerce of a controlled substance in its
18 finished dosage form which it may substantially resemble.
19 Nothing in this subsection (y) prohibits the dispensing
20 or distributing of noncontrolled substances by persons
21 authorized to dispense and distribute controlled substances
22 under this Act, provided that such action would be deemed to
23 be carried out in good faith under subsection (u) if the
24 substances involved were controlled substances.
25 Nothing in this subsection (y) or in this Act prohibits
26 the manufacture, preparation, propagation, compounding,
27 processing, packaging, advertising or distribution of a drug
28 or drugs by any person registered pursuant to Section 510 of
29 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
30 (y-1) "Mail-order pharmacy" means a pharmacy that is
31 located in a state of the United States, other than Illinois,
32 that delivers, dispenses or distributes, through the United
33 States Postal Service or other common carrier, to Illinois
34 residents, any substance which requires a prescription.
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1 (z) "Manufacture" means the production, preparation,
2 propagation, compounding, conversion or processing of a
3 controlled substance, either directly or indirectly, by
4 extraction from substances of natural origin, or
5 independently by means of chemical synthesis, or by a
6 combination of extraction and chemical synthesis, and
7 includes any packaging or repackaging of the substance or
8 labeling of its container, except that this term does not
9 include:
10 (1) by an ultimate user, the preparation or
11 compounding of a controlled substance for his own use; or
12 (2) by a practitioner, or his authorized agent
13 under his supervision, the preparation, compounding,
14 packaging, or labeling of a controlled substance:
15 (a) as an incident to his administering or
16 dispensing of a controlled substance in the course
17 of his professional practice; or
18 (b) as an incident to lawful research,
19 teaching or chemical analysis and not for sale.
20 (z-1) "Methamphetamine manufacturing chemical" means any
21 of the following chemicals or substances containing any of
22 the following chemicals: benzyl methyl ketone, ephedrine,
23 methyl benzyl ketone, phenylacetic acid, phenylacetone,
24 phenyl-2-propanone, 1-phenyl-1, 2-propanedione,
25 phenylpropanol, propiophenone, or pseudoephedrine or any of
26 the salts, optical isomers, or salts of optical isomers of
27 the above-listed chemicals.
28 (aa) "Narcotic drug" means any of the following, whether
29 produced directly or indirectly by extraction from substances
30 of natural origin, or independently by means of chemical
31 synthesis, or by a combination of extraction and chemical
32 synthesis:
33 (1) opium and opiate, and any salt, compound,
34 derivative, or preparation of opium or opiate;
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1 (2) any salt, compound, isomer, derivative, or
2 preparation thereof which is chemically equivalent or
3 identical with any of the substances referred to in
4 clause (1), but not including the isoquinoline alkaloids
5 of opium;
6 (3) opium poppy and poppy straw;
7 (4) coca leaves and any salts, compound, isomer,
8 salt of an isomer, derivative, or preparation of coca
9 leaves including cocaine or ecgonine, and any salt,
10 compound, isomer, derivative, or preparation thereof
11 which is chemically equivalent or identical with any of
12 these substances, but not including decocainized coca
13 leaves or extractions of coca leaves which do not contain
14 cocaine or ecgonine (for the purpose of this paragraph,
15 the term "isomer" includes optical, positional and
16 geometric isomers).
17 (bb) "Nurse" means a registered nurse licensed under the
18 Nursing and Advanced Practice Nursing Act.
19 (cc) "Official prescription blanks" means the triplicate
20 prescription forms supplied to prescribers by the Department
21 for prescribing Schedule II Designated Product controlled
22 substances.
23 (dd) "Opiate" means any substance having an addiction
24 forming or addiction sustaining liability similar to morphine
25 or being capable of conversion into a drug having addiction
26 forming or addiction sustaining liability.
27 (ee) "Opium poppy" means the plant of the species
28 Papaver somniferum L., except its seeds.
29 (ff) "Parole and Pardon Board" means the Parole and
30 Pardon Board of the State of Illinois or its successor
31 agency.
32 (gg) "Person" means any individual, corporation,
33 mail-order pharmacy, government or governmental subdivision
34 or agency, business trust, estate, trust, partnership or
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1 association, or any other entity.
2 (hh) "Pharmacist" means any person who holds a
3 certificate of registration as a registered pharmacist, a
4 local registered pharmacist or a registered assistant
5 pharmacist under the Pharmacy Practice Act of 1987.
6 (ii) "Pharmacy" means any store, ship or other place in
7 which pharmacy is authorized to be practiced under the
8 Pharmacy Practice Act of 1987.
9 (jj) "Poppy straw" means all parts, except the seeds, of
10 the opium poppy, after mowing.
11 (kk) "Practitioner" means a physician licensed to
12 practice medicine in all its branches, dentist, podiatrist,
13 veterinarian, scientific investigator, pharmacist, physician
14 assistant, advanced practice nurse, licensed practical nurse,
15 registered nurse, hospital, laboratory, or pharmacy, or other
16 person licensed, registered, or otherwise lawfully permitted
17 by the United States or this State to distribute, dispense,
18 conduct research with respect to, administer or use in
19 teaching or chemical analysis, a controlled substance in the
20 course of professional practice or research.
21 (ll) "Pre-printed prescription" means a written
22 prescription upon which the designated drug has been
23 indicated prior to the time of issuance.
24 (mm) "Prescriber" means a physician licensed to practice
25 medicine in all its branches, dentist, podiatrist or
26 veterinarian who issues a prescription, a physician assistant
27 who issues a prescription for a Schedule III, IV, or V
28 controlled substance in accordance with Section 303.05 and
29 the written guidelines required under Section 7.5 of the
30 Physician Assistant Practice Act of 1987, or an advanced
31 practice nurse with prescriptive authority in accordance with
32 Section 303.05 and a written collaborative agreement under
33 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
34 Nursing Act.
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1 (nn) "Prescription" means a lawful written, facsimile,
2 or verbal order of a physician licensed to practice medicine
3 in all its branches, dentist, podiatrist or veterinarian for
4 any controlled substance, of a physician assistant for a
5 Schedule III, IV, or V controlled substance in accordance
6 with Section 303.05 and the written guidelines required under
7 Section 7.5 of the Physician Assistant Practice Act of 1987,
8 or of an advanced practice nurse who issues a prescription
9 for a Schedule III, IV, or V controlled substance in
10 accordance with Section 303.05 and a written collaborative
11 agreement under Sections 15-15 and 15-20 of the Nursing and
12 Advanced Practice Nursing Act.
13 (oo) "Production" or "produce" means manufacture,
14 planting, cultivating, growing, or harvesting of a controlled
15 substance.
16 (pp) "Registrant" means every person who is required to
17 register under Section 302 of this Act.
18 (qq) "Registry number" means the number assigned to each
19 person authorized to handle controlled substances under the
20 laws of the United States and of this State.
21 (rr) "State" includes the State of Illinois and any
22 state, district, commonwealth, territory, insular possession
23 thereof, and any area subject to the legal authority of the
24 United States of America.
25 (ss) "Ultimate user" means a person who lawfully
26 possesses a controlled substance for his own use or for the
27 use of a member of his household or for administering to an
28 animal owned by him or by a member of his household.
29 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
30 90-116, eff. 7-14-97; 90-742, eff. 8-13-98; 90-818, eff.
31 3-23-99.)
32 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
33 Sec. 401. Except as authorized by this Act, it is
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1 unlawful for any person knowingly to: (i) manufacture or
2 deliver, or possess with intent to manufacture or deliver, a
3 controlled or counterfeit substance or controlled substance
4 analog or (ii) possess any methamphetamine manufacturing
5 chemical listed in paragraph (z-1) of Section 102 with the
6 intent to manufacture methamphetamine or the salt of an
7 optical isomer of methamphetamine or an analog thereof. A
8 violation of this Act with respect to each of the controlled
9 substances listed herein constitutes a single and separate
10 violation of this Act. For purposes of this Section,
11 "controlled substance analog" or "analog" means a substance
12 which is intended for human consumption, other than a
13 controlled substance, that has a chemical structure
14 substantially similar to that of a controlled substance in
15 Schedule I or II, or that was specifically designed to
16 produce an effect substantially similar to that of a
17 controlled substance in Schedule I or II. Examples of
18 chemical classes in which controlled substance analogs are
19 found include, but are not limited to, the following:
20 phenethylamines, N-substituted piperidines, morphinans,
21 ecgonines, quinazolinones, substituted indoles, and
22 arylcycloalkylamines. For purposes of this Act, a controlled
23 substance analog shall be treated in the same manner as the
24 controlled substance to which it is substantially similar.
25 (a) Any person who violates this Section with respect to
26 the following amounts of controlled or counterfeit substances
27 or controlled substance analogs, notwithstanding any of the
28 provisions of subsections (c), (d), (e), (f), (g) or (h) to
29 the contrary, is guilty of a Class X felony and shall be
30 sentenced to a term of imprisonment as provided in this
31 subsection (a) and fined as provided in subsection (b):
32 (1) (A) not less than 6 years and not more than 30
33 years with respect to 15 grams or more but less than
34 100 grams of a substance containing heroin, or an
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1 analog thereof;
2 (B) not less than 9 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 heroin, or
5 an analog thereof;
6 (C) not less than 12 years and not more than
7 50 years with respect to 400 grams or more but less
8 than 900 grams of a substance containing heroin, or
9 an analog thereof;
10 (D) not less than 15 years and not more than
11 60 years with respect to 900 grams or more of any
12 substance containing heroin, or an analog thereof;
13 (2) (A) not less than 6 years and not more than 30
14 years with respect to 15 grams or more but less than
15 100 grams of a substance containing cocaine, or an
16 analog thereof;
17 (B) not less than 9 years and not more than 40
18 years with respect to 100 grams or more but less
19 than 400 grams of a substance containing cocaine, or
20 an analog thereof;
21 (C) not less than 12 years and not more than
22 50 years with respect to 400 grams or more but less
23 than 900 grams of a substance containing cocaine, or
24 an analog thereof;
25 (D) not less than 15 years and not more than
26 60 years with respect to 900 grams or more of any
27 substance containing cocaine, or an analog thereof;
28 (3) (A) not less than 6 years and not more than 30
29 years with respect to 15 grams or more but less than
30 100 grams of a substance containing morphine, or an
31 analog thereof;
32 (B) not less than 9 years and not more than 40
33 years with respect to 100 grams or more but less
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1 than 400 grams of a substance containing morphine,
2 or 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 morphine,
6 or 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 a
9 substance containing morphine, or an analog thereof;
10 (4) 200 grams or more of any substance containing
11 peyote, or an analog thereof;
12 (5) 200 grams or more of any substance containing a
13 derivative of barbituric acid or any of the salts of a
14 derivative of barbituric acid, or an analog thereof;
15 (6) 200 grams or more of any substance containing
16 amphetamine or any salt of an optical isomer of
17 amphetamine, or an analog thereof;
18 (6.5) (A) not less than 6 years and not more than
19 30 years with respect to 15 grams or more but less
20 than 100 grams of a substance containing
21 methamphetamine or any salt of an optical isomer of
22 methamphetamine, or an analog thereof;
23 (B) not less than 6 years and not more than 40
24 years with respect to 100 grams or more but less
25 than 400 grams of a substance containing
26 methamphetamine or any salt of an optical isomer of
27 methamphetamine, or an analog thereof;
28 (C) not less than 6 years and not more than 50
29 years with respect to 400 grams or more but less
30 than 900 grams of a substance containing
31 methamphetamine or any salt of an optical isomer of
32 methamphetamine, or an analog thereof;
33 (D) not less than 6 years and not more than 60
34 years with respect to 900 grams or more of any
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1 substance containing methamphetamine or any salt of
2 an optical isomer of methamphetamine, or an analog
3 thereof.
4 (6.6) (A) not less than 6 years and not more than 30
5 years for the possession of any methamphetamine
6 manufacturing chemical set forth in paragraph (z-1)
7 of Section 102, with intent to manufacture 30 grams
8 or more but less than 150 grams of any substance
9 containing methamphetamine, or salt of any optical
10 isomer of methamphetamine, or an analog thereof;
11 (B) not less than 6 years and not more than 40
12 years for the possession of any methamphetamine
13 manufacturing chemical set forth in paragraph (z-1)
14 of Section 102 with intent to manufacture 150 grams
15 or more but less than 500 grams of any substance
16 containing methamphetamine, or salt of an optical
17 isomer of methamphetamine, or an analog thereof;
18 (C) not less than 6 years and not more than 50
19 years for the possession of any methamphetamine
20 manufacturing chemical set forth in paragraph (z-1)
21 of Section 102 with intent to manufacture 500 grams
22 or more but less than 1200 grams of any substance
23 containing methamphetamine, or salt of an optical
24 isomer of methamphetamine, or an analog thereof;
25 (D) not less than 6 years and not more than 60
26 years for the possession of any methamphetamine
27 manufacturing chemical set forth in paragraph (z-1)
28 of Section 102 with intent to manufacture 1200 grams
29 or more of any substance containing methamphetamine,
30 or salt of an optical isomer of methamphetamine, or
31 an analog thereof;
32 (7) (A) not less than 6 years and not more than 30
33 years with respect to: (i) 15 grams or more but less
34 than 100 grams of a substance containing lysergic
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1 acid diethylamide (LSD), or an analog thereof, or
2 (ii) 15 or more objects or 15 or more segregated
3 parts of an object or objects but less than 200
4 objects or 200 segregated parts of an object or
5 objects containing in them or having upon them any
6 amounts of any substance containing lysergic acid
7 diethylamide (LSD), or an analog thereof;
8 (B) not less than 9 years and not more than 40
9 years with respect to: (i) 100 grams or more but
10 less than 400 grams of a substance containing
11 lysergic acid diethylamide (LSD), or an analog
12 thereof, or (ii) 200 or more objects or 200 or more
13 segregated parts of an object or objects but less
14 than 600 objects or less than 600 segregated parts
15 of an object or objects containing in them or having
16 upon them any amount of any substance containing
17 lysergic acid diethylamide (LSD), or an analog
18 thereof;
19 (C) not less than 12 years and not more than
20 50 years with respect to: (i) 400 grams or more but
21 less than 900 grams of a substance containing
22 lysergic acid diethylamide (LSD), or an analog
23 thereof, or (ii) 600 or more objects or 600 or more
24 segregated parts of an object or objects but less
25 than 1500 objects or 1500 segregated parts of an
26 object or objects containing in them or having upon
27 them any amount of any substance containing lysergic
28 acid diethylamide (LSD), or an analog thereof;
29 (D) not less than 15 years and not more than
30 60 years with respect to: (i) 900 grams or more of
31 any substance containing lysergic acid diethylamide
32 (LSD), or an analog thereof, or (ii) 1500 or more
33 objects or 1500 or more segregated parts of an
34 object or objects containing in them or having upon
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1 them any amount of a substance containing lysergic
2 acid diethylamide (LSD), or an analog thereof;
3 (8) 30 grams or more of any substance containing
4 pentazocine or any of the salts, isomers and salts of
5 isomers of pentazocine, or an analog thereof;
6 (9) 30 grams or more of any substance containing
7 methaqualone or any of the salts, isomers and salts of
8 isomers of methaqualone, or an analog thereof;
9 (10) 30 grams or more of any substance
10 containing phencyclidine or any of the salts, isomers
11 and salts of isomers of phencyclidine (PCP), or an
12 analog thereof;
13 (10.5) 30 grams or more of any substance containing
14 ketamine or any of the salts, isomers and salts of
15 isomers of ketamine, or an analog thereof;
16 (11) 200 grams or more of any substance containing
17 any other controlled substance classified in Schedules I
18 or II, or an analog thereof, which is not otherwise
19 included in this subsection.
20 (b) Any person sentenced with respect to violations of
21 paragraph (1), (2), (3), (6.5), (6.6), or (7) of subsection
22 (a) involving 100 grams or more of the controlled substance
23 named therein, may in addition to the penalties provided
24 therein, be fined an amount not more than $500,000 or the
25 full street value of the controlled or counterfeit substance
26 or controlled substance analog, whichever is greater. The
27 term "street value" shall have the meaning ascribed in
28 Section 110-5 of the Code of Criminal Procedure of 1963. Any
29 person sentenced with respect to any other provision of
30 subsection (a), may in addition to the penalties provided
31 therein, be fined an amount not to exceed $500,000.
32 (c) Any person who violates this Section with regard to
33 the following amounts of controlled or counterfeit substances
34 or controlled substance analogs, notwithstanding any of the
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1 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
2 to the contrary, is guilty of a Class 1 felony. The fine for
3 violation of this subsection (c) shall not be more than
4 $250,000:
5 (1) 10 or more grams but less than 15 grams of any
6 substance containing heroin, or an analog thereof;
7 (2) 1 gram or more but less than 15 grams of any
8 substance containing cocaine, or an analog thereof;
9 (3) 10 grams or more but less than 15 grams of any
10 substance containing morphine, or an analog thereof;
11 (4) 50 grams or more but less than 200 grams of any
12 substance containing peyote, or an analog thereof;
13 (5) 50 grams or more but less than 200 grams of any
14 substance containing a derivative of barbituric acid or
15 any of the salts of a derivative of barbituric acid, or
16 an analog thereof;
17 (6) 50 grams or more but less than 200 grams of any
18 substance containing amphetamine or any salt of an
19 optical isomer of amphetamine, or an analog thereof;
20 (6.5) 5 grams or more but less than 15 grams of any
21 substance containing methamphetamine or any salt or
22 optical isomer of methamphetamine, or an analog thereof;
23 (7) (i) 5 grams or more but less than 15 grams of
24 any substance containing lysergic acid diethylamide
25 (LSD), or an analog thereof, or (ii) more than 10 objects
26 or more than 10 segregated parts of an object or objects
27 but less than 15 objects or less than 15 segregated parts
28 of an object containing in them or having upon them any
29 amount of any substance containing lysergic acid
30 diethylamide (LSD), or an analog thereof;
31 (8) 10 grams or more but less than 30 grams of any
32 substance containing pentazocine or any of the salts,
33 isomers and salts of isomers of pentazocine, or an analog
34 thereof;
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1 (9) 10 grams or more but less than 30 grams of any
2 substance containing methaqualone or any of the salts,
3 isomers and salts of isomers of methaqualone, or an
4 analog thereof;
5 (10) 10 grams or more but less than 30 grams of any
6 substance containing phencyclidine or any of the salts,
7 isomers and salts of isomers of phencyclidine (PCP), or
8 an analog thereof;
9 (10.5) 10 grams or more but less than 30 grams of
10 any substance containing ketamine or any of the salts,
11 isomers and salts of isomers of ketamine, or an analog
12 thereof;
13 (11) 50 grams or more but less than 200 grams of
14 any substance containing a substance classified in
15 Schedules I or II, or an analog thereof, which is not
16 otherwise included in this subsection.
17 (c-5) Any person who violates this Section with regard
18 to possession of any methamphetamine manufacturing chemical
19 set forth in paragraph (z-1) of Section 102 with intent to
20 manufacture 15 grams or more but less than 30 grams of
21 methamphetamine, or salt of an optical isomer of
22 methamphetamine or any analog thereof, is guilty of a Class 1
23 felony. The fine for violation of this subsection (c-5)
24 shall not be more than $250,000.
25 (d) Any person who violates this Section with regard to
26 any other amount of a controlled or counterfeit substance
27 classified in Schedules I or II, or an analog thereof, which
28 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
29 or an analog thereof, or (iii) any substance containing
30 methamphetamine or any salt or optical isomer of
31 methamphetamine, or an analog thereof, is guilty of a Class 2
32 felony. The fine for violation of this subsection (d) shall
33 not be more than $200,000.
34 (d-5) Any person who violates this Section with regard
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1 to possession of any methamphetamine manufacturing chemical
2 set forth in paragraph (z-1) of Section 102 with intent to
3 manufacture less than 15 grams of methamphetamine, or salt of
4 an optical isomer of methamphetamine or any analog thereof,
5 is guilty of a Class 2 felony. The fine for violation of
6 this subsection (d-5) shall not be more than $200,000.
7 (e) Any person who violates this Section with regard to
8 any other amount of a controlled or counterfeit substance
9 classified in Schedule I or II, or an analog thereof, which
10 substance is not included under subsection (d) of this
11 Section, is guilty of a Class 3 felony. The fine for
12 violation of this subsection (e) shall not be more than
13 $150,000.
14 (f) Any person who violates this Section with regard to
15 any other amount of a controlled or counterfeit substance
16 classified in Schedule III is guilty of a Class 3 felony. The
17 fine for violation of this subsection (f) shall not be more
18 than $125,000.
19 (g) Any person who violates this Section with regard to
20 any other amount of a controlled or counterfeit substance
21 classified in Schedule IV is guilty of a Class 3 felony. The
22 fine for violation of this subsection (g) shall not be more
23 than $100,000.
24 (h) Any person who violates this Section with regard to
25 any other amount of a controlled or counterfeit substance
26 classified in Schedule V is guilty of a Class 3 felony. The
27 fine for violation of this subsection (h) shall not be more
28 than $75,000.
29 (i) This Section does not apply to the manufacture,
30 possession or distribution of a substance in conformance with
31 the provisions of an approved new drug application or an
32 exemption for investigational use within the meaning of
33 Section 505 of the Federal Food, Drug and Cosmetic Act.
34 (j) It may be inferred that a person who possessed any
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1 methamphetamine manufacturing chemical set forth in paragraph
2 (z-1) of Section 102 intended to use the entire amount of
3 such substance to manufacture methamphetamine or salt of an
4 optical isomer of methamphetamine if such substance was found
5 in close proximity to a drug manufacturing facilitator or
6 equipment as described in Section 102 suitable for assisting
7 in the manufacture of methamphetamine or salt of an optical
8 isomer of methamphetamine.
9 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
10 90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)
11 (720 ILCS 570/401.5)
12 Sec. 401.5. Chemical breakdown of illicit controlled
13 substance.
14 (a) It is unlawful for any person to manufacture a
15 controlled substance prohibited by this Act by chemically
16 deriving the controlled substance from one or more other
17 controlled substances prohibited by this Act.
18 (a-5) It is unlawful for any person to possess any
19 substance with the intent to use the substance to facilitate
20 the manufacture of any controlled or counterfeit substance or
21 controlled substance analog other than as authorized by this
22 Act.
23 (b) A violation of this Section is a Class 4 felony.
24 (c) This Section does not apply to the manufacture of
25 methamphetamine or to the possession of any methamphetamine
26 manufacturing chemicals with the intent to manufacture
27 methamphetamine or any salt of an optical isomer of
28 methamphetamine, or an analog of methamphetamine.
29 (Source: P.A. 90-775, eff. 1-1-99.)".