Public Act 097-0334
 
HB2917 EnrolledLRB097 06471 RLC 50343 b

    AN ACT concerning controlled substances.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 100, 102, 201, 202, 203, 204, 205,
206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 303.05,
303.1, 304, 305, 306, 309, 312, 313, 316, 317, 318, 319, 320,
405, 405.1, 406, 408, 410, 411.2, 413, 501, 501.1, 503, 504,
505, 507, and 510 and by adding Sections 311.5, 314.5, and
507.2 as follows:
 
    (720 ILCS 570/100)  (from Ch. 56 1/2, par. 1100)
    Sec. 100. Legislative intent. It is the intent of the
General Assembly, recognizing the rising incidence in the abuse
of drugs and other dangerous substances and its resultant
damage to the peace, health, and welfare of the citizens of
Illinois, to provide a system of control over the distribution
and use of controlled substances which will more effectively:
(1) limit access of such substances only to those persons who
have demonstrated an appropriate sense of responsibility and
have a lawful and legitimate reason to possess them; (2) deter
the unlawful and destructive abuse of controlled substances;
(3) penalize most heavily the illicit traffickers or profiteers
of controlled substances, who propagate and perpetuate the
abuse of such substances with reckless disregard for its
consumptive consequences upon every element of society; (4)
acknowledge the functional and consequential differences
between the various types of controlled substances and provide
for correspondingly different degrees of control over each of
the various types; (5) unify where feasible and codify the
efforts of this State to conform with the regulatory systems of
the Federal government and other states to establish national
coordination of efforts to control the abuse of controlled
substances; and (6) provide law enforcement authorities with
the necessary resources to make this system efficacious.
    It is not the intent of the General Assembly to treat the
unlawful user or occasional petty distributor of controlled
substances with the same severity as the large-scale, unlawful
purveyors and traffickers of controlled substances. However,
it is recognized that persons who violate this Act with respect
to the manufacture, delivery, possession with intent to
deliver, or possession of more than one type of controlled
substance listed herein may accordingly receive multiple
convictions and sentences under each Section of this Act. To
this end, guidelines have been provided, along with a wide
latitude in sentencing discretion, to enable the sentencing
court to order penalties in each case which are appropriate for
the purposes of this Act.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
 
    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
    Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his or her addiction.
    (b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
        (1) a practitioner (or, in his or her presence, by his
    or her authorized agent),
        (2) the patient or research subject pursuant to an
    order at the lawful direction of the practitioner, or
        (3) a euthanasia technician as defined by the Humane
    Euthanasia in Animal Shelters Act.
    (c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor, or
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
    (c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins, and
corticosteroids, and dehydroepiandrosterone) that promotes
muscle growth, and includes:
    (i) 3[beta],17-dihydroxy-5a-androstane, 
    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
    (iii) 5[alpha]-androstan-3,17-dione, 
    (iv) 1-androstenediol (3[beta], 
        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
    (v) 1-androstenediol (3[alpha], 
        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
    (vi) 4-androstenediol  
        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
    (vii) 5-androstenediol  
        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
    (viii) 1-androstenedione  
        ([5alpha]-androst-1-en-3,17-dione), 
    (ix) 4-androstenedione  
        (androst-4-en-3,17-dione), 
    (x) 5-androstenedione  
        (androst-5-en-3,17-dione), 
    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
        hydroxyandrost-4-en-3-one), 
    (xii) boldenone (17[beta]-hydroxyandrost- 
        1,4,-diene-3-one), 
    (xiii) boldione (androsta-1,4- 
        diene-3,17-dione), 
    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
        [beta]-hydroxyandrost-4-en-3-one), 
    (xv) clostebol (4-chloro-17[beta]- 
        hydroxyandrost-4-en-3-one), 
    (xvi) dehydrochloromethyltestosterone (4-chloro- 
        17[beta]-hydroxy-17[alpha]-methyl- 
        androst-1,4-dien-3-one), 
    (xvii) desoxymethyltestosterone 
    (17[alpha]-methyl-5[alpha] 
        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
        '1-testosterone') (17[beta]-hydroxy- 
        5[alpha]-androst-1-en-3-one), 
    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
        androstan-3-one), 
    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
        5[alpha]-androstan-3-one), 
    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
        hydroxyestr-4-ene), 
    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
        hydroxyandrostano[2,3-c]-furazan), 
    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
        androst-4-en-3-one), 
    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
        dihydroxy-estr-4-en-3-one), 
    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
        hydroxy-5-androstan-3-one), 
    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
        [5a]-androstan-3-one), 
    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
        hydroxyandrost-1,4-dien-3-one), 
    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
        dihydroxyandrost-5-ene), 
    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
        5[alpha]-androst-1-en-3-one), 
    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
        dihydroxy-5a-androstane), 
    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
        -5a-androstane), 
    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
        dihydroxyandrost-4-ene), 
    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
        hydroxyestra-4,9(10)-dien-3-one), 
    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
        hydroxyestra-4,9-11-trien-3-one), 
    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
        hydroxyandrost-4-en-3-one), 
    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
        hydroxyestr-4-en-3-one), 
    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
        1-testosterone'), 
    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
        dihydroxyestr-4-ene), 
    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
        dihydroxyestr-4-ene), 
    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
        dihydroxyestr-5-ene), 
    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
        dihydroxyestr-5-ene), 
    (xlvii) 19-nor-4,9(10)-androstadienedione  
        (estra-4,9(10)-diene-3,17-dione), 
    (xlviii) 19-nor-4-androstenedione (estr-4- 
        en-3,17-dione), 
    (xlix) 19-nor-5-androstenedione (estr-5- 
        en-3,17-dione), 
    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
        hydroxygon-4-en-3-one), 
    (li) norclostebol (4-chloro-17[beta]- 
        hydroxyestr-4-en-3-one), 
    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
        hydroxyestr-4-en-3-one), 
    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
        hydroxyestr-4-en-3-one), 
    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
        2-oxa-5[alpha]-androstan-3-one), 
    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
        dihydroxyandrost-4-en-3-one), 
    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
        (5[alpha]-androst-1-en-3-one), 
    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
        secoandrosta-1,4-dien-17- 
        oic acid lactone), 
    (lx) testosterone (17[beta]-hydroxyandrost- 
        4-en-3-one), 
    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
        diethyl-17[beta]-hydroxygon- 
        4,9,11-trien-3-one), 
    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
        11-trien-3-one). 
        (i) boldenone,
        (ii) chlorotestosterone,
        (iii) chostebol,
        (iv) dehydrochlormethyltestosterone,
        (v) dihydrotestosterone,
        (vi) drostanolone,
        (vii) ethylestrenol,
        (viii) fluoxymesterone,
        (ix) formebulone,
        (x) mesterolone,
        (xi) methandienone,
        (xii) methandranone,
        (xiii) methandriol,
        (xiv) methandrostenolone,
        (xv) methenolone,
        (xvi) methyltestosterone,
        (xvii) mibolerone,
        (xviii) nandrolone,
        (xix) norethandrolone,
        (xx) oxandrolone,
        (xxi) oxymesterone,
        (xxii) oxymetholone,
        (xxiii) stanolone,
        (xxiv) stanozolol,
        (xxv) testolactone,
        (xxvi) testosterone,
        (xxvii) trenbolone, and
        (xxviii) any salt, ester, or isomer of a drug or
    substance described or listed in this paragraph, if that
    salt, ester, or isomer promotes muscle growth.
    Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
    (d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
    (d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
    (d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
    (e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this Act
whether by transfer from another Schedule or otherwise.
    (f) "Controlled Substance" means (i) a drug, substance, or
immediate precursor in the Schedules of Article II of this Act
or (ii) a drug or other substance, or immediate precursor,
designated as a controlled substance by the Department through
administrative rule. The term does not include distilled
spirits, wine, malt beverages, or tobacco, as those terms are
defined or used in the Liquor Control Act and the Tobacco
Products Tax Act.
    (f-5) "Controlled substance analog" means a substance:
        (1) the chemical structure of which is substantially
    similar to the chemical structure of a controlled substance
    in Schedule I or II;
        (2) which has a stimulant, depressant, or
    hallucinogenic effect on the central nervous system that is
    substantially similar to or greater than the stimulant,
    depressant, or hallucinogenic effect on the central
    nervous system of a controlled substance in Schedule I or
    II; or
        (3) with respect to a particular person, which such
    person represents or intends to have a stimulant,
    depressant, or hallucinogenic effect on the central
    nervous system that is substantially similar to or greater
    than the stimulant, depressant, or hallucinogenic effect
    on the central nervous system of a controlled substance in
    Schedule I or II.
    (g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
    (h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
    (i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
    (j) (Blank). "Department of State Police" means the
Department of State Police of the State of Illinois or its
successor agency.
    (k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
    (l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
    (m) "Depressant" or "stimulant substance" means any drug
that (i) causes an overall depression of central nervous system
functions, (ii) causes impaired consciousness and awareness,
and (iii) can be habit-forming or lead to a substance abuse
problem, including but not limited to alcohol, cannabis and its
active principles and their analogs, benzodiazepines and their
analogs, barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics. :
        (1) a drug which contains any quantity of (i)
    barbituric acid or any of the salts of barbituric acid
    which has been designated as habit forming under section
    502 (d) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 352 (d)); or
        (2) a drug which contains any quantity of (i)
    amphetamine or methamphetamine and any of their optical
    isomers; (ii) any salt of amphetamine or methamphetamine or
    any salt of an optical isomer of amphetamine; or (iii) any
    substance which the Department, after investigation, has
    found to be, and by rule designated as, habit forming
    because of its depressant or stimulant effect on the
    central nervous system; or
        (3) lysergic acid diethylamide; or
        (4) any drug which contains any quantity of a substance
    which the Department, after investigation, has found to
    have, and by rule designated as having, a potential for
    abuse because of its depressant or stimulant effect on the
    central nervous system or its hallucinogenic effect.
    (n) (Blank).
    (o) "Director" means the Director of the Illinois
Department of State Police or the Department of Professional
Regulation or his or her designated agents.
    (p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
    (q) "Dispenser" means a practitioner who dispenses.
    (r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
    (s) "Distributor" means a person who distributes.
    (t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
    (t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
    (u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
        (1) lack of consistency of prescriber-patient
    doctor-patient relationship,
        (2) frequency of prescriptions for same drug by one
    prescriber for large numbers of patients,
        (3) quantities beyond those normally prescribed,
        (4) unusual dosages (recognizing that there may be
    clinical circumstances where more or less than the usual
    dose may be used legitimately),
        (5) unusual geographic distances between patient,
    pharmacist and prescriber,
        (6) consistent prescribing of habit-forming drugs.
    (u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
    (u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
    (u-5) "Illinois State Police" means the State Police of the
State of Illinois, or its successor agency.
    (v) "Immediate precursor" means a substance:
        (1) which the Department has found to be and by rule
    designated as being a principal compound used, or produced
    primarily for use, in the manufacture of a controlled
    substance;
        (2) which is an immediate chemical intermediary used or
    likely to be used in the manufacture of such controlled
    substance; and
        (3) the control of which is necessary to prevent,
    curtail or limit the manufacture of such controlled
    substance.
    (w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
    (x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
    (y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
        (a) statements made by the owner or person in control
    of the substance concerning its nature, use or effect;
        (b) statements made to the buyer or recipient that the
    substance may be resold for profit;
        (c) whether the substance is packaged in a manner
    normally used for the illegal distribution of controlled
    substances;
        (d) whether the distribution or attempted distribution
    included an exchange of or demand for money or other
    property as consideration, and whether the amount of the
    consideration was substantially greater than the
    reasonable retail market value of the substance.
    Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
    Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
    Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
    (y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
    (z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
        (1) by an ultimate user, the preparation or compounding
    of a controlled substance for his or her own use; or
        (2) by a practitioner, or his or her authorized agent
    under his or her supervision, the preparation,
    compounding, packaging, or labeling of a controlled
    substance:
            (a) as an incident to his or her administering or
        dispensing of a controlled substance in the course of
        his or her professional practice; or
            (b) as an incident to lawful research, teaching or
        chemical analysis and not for sale.
    (z-1) (Blank).
    (z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
    (z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
(ii) an advanced practice nurse who has been delegated
authority to prescribe through a written delegation of
authority by a physician licensed to practice medicine in all
of its branches or by a podiatrist, in accordance with Section
65-40 of the Nurse Practice Act, or (iii) an animal euthanasia
agency.
    (aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis:
        (1) opium, opiates, derivatives of opium and opiates,
    including their isomers, esters, ethers, salts, and salts
    of isomers, esters, and ethers, whenever the existence of
    such isomers, esters, ethers, and salts is possible within
    the specific chemical designation; however the term
    "narcotic drug" does not include the isoquinoline
    alkaloids of opium and opiate, and any salt, compound,
    derivative, or preparation of opium or opiate;
        (2) (blank); any salt, compound, isomer, derivative,
    or preparation thereof which is chemically equivalent or
    identical with any of the substances referred to in clause
    (1), but not including the isoquinoline alkaloids of opium;
        (3) opium poppy and poppy straw;
        (4) coca leaves, except coca leaves and extracts of
    coca leaves from which substantially all of the cocaine and
    ecgonine, and their isomers, derivatives and salts, have
    been removed; and any salts, compound, isomer, salt of an
    isomer, derivative, or preparation of coca leaves
    including cocaine or ecgonine, and any salt, compound,
    isomer, derivative, or preparation thereof which is
    chemically equivalent or identical with any of these
    substances, but not including decocainized coca leaves or
    extractions of coca leaves which do not contain cocaine or
    ecgonine (for the purpose of this paragraph, the term
    "isomer" includes optical, positional and geometric
    isomers).
        (5) cocaine, its salts, optical and geometric isomers,
    and salts of isomers;
        (6) ecgonine, its derivatives, their salts, isomers,
    and salts of isomers;
        (7) any compound, mixture, or preparation which
    contains any quantity of any of the substances referred to
    in subparagraphs (1) through (6).
    (bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
    (cc) (Blank).
    (dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
    (ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
    (ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
    (gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
    (hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
    (ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
    (ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
    (ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
    (jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
    (kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
podiatrist, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice nurse, licensed
practical nurse, registered nurse, hospital, laboratory, or
pharmacy, or other person licensed, registered, or otherwise
lawfully permitted by the United States or this State to
distribute, dispense, conduct research with respect to,
administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or
research.
    (ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
    (mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatrist
or veterinarian who issues a prescription, a physician
assistant who issues a prescription for a controlled substance
in accordance with Section 303.05, a written delegation, and a
written supervision agreement required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice nurse with prescriptive authority delegated under
Section 65-40 of the Nurse Practice Act and in accordance with
Section 303.05, a written delegation, and a written
collaborative agreement under Section 65-35 of the Nurse
Practice Act.
    (nn) "Prescription" means a lawful written, facsimile, or
oral verbal order, or an electronic order that complies with
applicable federal requirements, of a physician licensed to
practice medicine in all its branches, dentist, podiatrist or
veterinarian for any controlled substance, of an optometrist
for a Schedule III, IV, or V controlled substance in accordance
with Section 15.1 of the Illinois Optometric Practice Act of
1987, of a physician assistant for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written supervision agreement required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or of an advanced
practice nurse with prescriptive authority delegated under
Section 65-40 of the Nurse Practice Act who issues a
prescription for a controlled substance in accordance with
Section 303.05, a written delegation, and a written
collaborative agreement under Section 65-35 of the Nurse
Practice Act when required by law.
    (nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
    (nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
    (oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
    (pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
    (qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
    (qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
    (rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
    (rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
    (ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07;
95-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff.
8-10-09; 96-268, eff. 8-11-09.)
 
    (720 ILCS 570/201)  (from Ch. 56 1/2, par. 1201)
    Sec. 201. (a) The Department shall carry out the provisions
of this Article. The Department or its successor agency may, by
administrative rule, add additional substances to or delete or
reschedule all controlled substances in the Schedules of
Sections 204, 206, 208, 210 and 212 of this Act. In making a
determination regarding the addition, deletion, or
rescheduling of a substance, the Department shall consider the
following:
        (1) the actual or relative potential for abuse;
        (2) the scientific evidence of its pharmacological
    effect, if known;
        (3) the state of current scientific knowledge
    regarding the substance;
        (4) the history and current pattern of abuse;
        (5) the scope, duration, and significance of abuse;
        (6) the risk to the public health;
        (7) the potential of the substance to produce
    psychological or physiological dependence;
        (8) whether the substance is an immediate precursor of
    a substance already controlled under this Article;
        (9) the immediate harmful effect in terms of
    potentially fatal dosage; and
        (10) the long-range effects in terms of permanent
    health impairment.
    (b) (Blank).
    (c) (Blank).
    (d) If any substance is scheduled, rescheduled, or deleted
as a controlled substance under Federal law and notice thereof
is given to the Department, the Department shall similarly
control the substance under this Act after the expiration of 30
days from publication in the Federal Register of a final order
scheduling a substance as a controlled substance or
rescheduling or deleting a substance, unless within that 30 day
period the Department objects, or a party adversely affected
files with the Department substantial written objections
objecting to inclusion, rescheduling, or deletion. In that
case, the Department shall publish the reasons for objection or
the substantial written objections and afford all interested
parties an opportunity to be heard. At the conclusion of the
hearing, the Department shall publish its decision, by means of
a rule, which shall be final unless altered by statute. Upon
publication of objections by the Department, similar control
under this Act whether by inclusion, rescheduling or deletion
is stayed until the Department publishes its ruling.
    (e) (Blank). The Department shall by rule exclude any
non-narcotic substances from a schedule if such substance may,
under the Federal Food, Drug, and Cosmetic Act, be lawfully
sold over the counter without a prescription.
    (f) (Blank).
    (g) Authority to control under this Section section does
not extend to distilled spirits, wine, malt beverages, or
tobacco as those terms are defined or used in the Liquor
Control Act and the Tobacco Products Tax Act.
    (h) Persons registered with the Drug Enforcement
Administration to manufacture or distribute controlled
substances shall maintain adequate security and provide
effective controls and procedures to guard against theft and
diversion, but shall not otherwise be required to meet the
physical security control requirements (such as cage or vault)
for Schedule V controlled substances containing
pseudoephedrine or Schedule II controlled substances
containing dextromethorphan.
(Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07;
95-331, eff. 8-21-07.)
 
    (720 ILCS 570/202)  (from Ch. 56 1/2, par. 1202)
    Sec. 202. The controlled substances listed or to be listed
in the schedules in Sections sections 204, 206, 208, 210 and
212, including any substances added to any of those schedules
by the Department by administrative rule, may be are included
by whatever official, common, usual, chemical, or trade name
designated.
(Source: P.A. 77-757.)
 
    (720 ILCS 570/203)  (from Ch. 56 1/2, par. 1203)
    Sec. 203. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may shall issue a rule scheduling a
substance in Schedule I if it finds that:
    (1) the substance has high potential for abuse; and
    (2) the substance has no currently accepted medical use in
treatment in the United States or lacks accepted safety for use
in treatment under medical supervision.
(Source: P.A. 83-969.)
 
    (720 ILCS 570/204)  (from Ch. 56 1/2, par. 1204)
    Sec. 204. (a) The controlled substances listed in this
Section are included in Schedule I.
    (b) Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of such isomers, esters,
ethers and salts is possible within the specific chemical
designation:
        (1) Acetylmethadol;
        (1.1) Acetyl-alpha-methylfentanyl
    (N-[1-(1-methyl-2-phenethyl)-
    4-piperidinyl]-N-phenylacetamide);
        (2) Allylprodine;
        (3) Alphacetylmethadol, except
    levo-alphacetylmethadol (also known as levo-alpha-
    acetylmethadol, levomethadyl acetate, or LAAM);
        (4) Alphameprodine;
        (5) Alphamethadol;
        (6) Alpha-methylfentanyl
    (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
    propionanilide;  1-(1-methyl-2-phenylethyl)-4-(N-
    propanilido) piperidine;
        (6.1) Alpha-methylthiofentanyl
    (N-[1-methyl-2-(2-thienyl)ethyl-
    4-piperidinyl]-N-phenylpropanamide);
        (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
        (7.1) PEPAP
    (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
        (8) Benzethidine;
        (9) Betacetylmethadol;
        (9.1) Beta-hydroxyfentanyl
    (N-[1-(2-hydroxy-2-phenethyl)-
    4-piperidinyl]-N-phenylpropanamide);
        (10) Betameprodine;
        (11) Betamethadol;
        (12) Betaprodine;
        (13) Clonitazene;
        (14) Dextromoramide;
        (15) Diampromide;
        (16) Diethylthiambutene;
        (17) Difenoxin;
        (18) Dimenoxadol;
        (19) Dimepheptanol;
        (20) Dimethylthiambutene;
        (21) Dioxaphetylbutyrate;
        (22) Dipipanone;
        (23) Ethylmethylthiambutene;
        (24) Etonitazene;
        (25) Etoxeridine;
        (26) Furethidine;
        (27) Hydroxpethidine;
        (28) Ketobemidone;
        (29) Levomoramide;
        (30) Levophenacylmorphan;
        (31) 3-Methylfentanyl
    (N-[3-methyl-1-(2-phenylethyl)-
    4-piperidyl]-N-phenylpropanamide);
        (31.1) 3-Methylthiofentanyl
    (N-[(3-methyl-1-(2-thienyl)ethyl-
    4-piperidinyl]-N-phenylpropanamide);
        (32) Morpheridine;
        (33) Noracymethadol;
        (34) Norlevorphanol;
        (35) Normethadone;
        (36) Norpipanone;
        (36.1) Para-fluorofentanyl
    (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
    4-piperidinyl]propanamide);
        (37) Phenadoxone;
        (38) Phenampromide;
        (39) Phenomorphan;
        (40) Phenoperidine;
        (41) Piritramide;
        (42) Proheptazine;
        (43) Properidine;
        (44) Propiram;
        (45) Racemoramide;
        (45.1) Thiofentanyl
    (N-phenyl-N-[1-(2-thienyl)ethyl-
    4-piperidinyl]-propanamide);
        (46) Tilidine;
        (47) Trimeperidine;
        (48) Beta-hydroxy-3-methylfentanyl (other name:
    N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
    N-phenylpropanamide).
    (c) Unless specifically excepted or unless listed in
another schedule, any of the following opium derivatives, its
salts, isomers and salts of isomers, whenever the existence of
such salts, isomers and salts of isomers is possible within the
specific chemical designation:
        (1) Acetorphine;
        (2) Acetyldihydrocodeine;
        (3) Benzylmorphine;
        (4) Codeine methylbromide;
        (5) Codeine-N-Oxide;
        (6) Cyprenorphine;
        (7) Desomorphine;
        (8) Diacetyldihydromorphine (Dihydroheroin);
        (9) Dihydromorphine;
        (10) Drotebanol;
        (11) Etorphine (except hydrochloride salt);
        (12) Heroin;
        (13) Hydromorphinol;
        (14) Methyldesorphine;
        (15) Methyldihydromorphine;
        (16) Morphine methylbromide;
        (17) Morphine methylsulfonate;
        (18) Morphine-N-Oxide;
        (19) Myrophine;
        (20) Nicocodeine;
        (21) Nicomorphine;
        (22) Normorphine;
        (23) Pholcodine;
        (24) Thebacon.
    (d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers and salts of isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible within the
specific chemical designation (for the purposes of this
paragraph only, the term "isomer" includes the optical,
position and geometric isomers):
        (1) 3,4-methylenedioxyamphetamine
    (alpha-methyl,3,4-methylenedioxyphenethylamine,
    methylenedioxyamphetamine, MDA);
        (1.1) Alpha-ethyltryptamine
    (some trade or other names: etryptamine;
    MONASE; alpha-ethyl-1H-indole-3-ethanamine;
    3-(2-aminobutyl)indole; a-ET; and AET);
        (2) 3,4-methylenedioxymethamphetamine (MDMA);
        (2.1) 3,4-methylenedioxy-N-ethylamphetamine
    (also known as: N-ethyl-alpha-methyl-
    3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
    and MDEA);
        (2.2) N-Benzylpiperazine (BZP);
        (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
        (4) 3,4,5-trimethoxyamphetamine (TMA);
        (5) (Blank);
        (6) Diethyltryptamine (DET);
        (7) Dimethyltryptamine (DMT);
        (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
        (9) Ibogaine  (some trade and other names:
    7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
    6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
    indole; Tabernanthe iboga);
        (10) Lysergic acid diethylamide;
        (10.1) Salvinorin A;
        (10.5) Salvia divinorum (meaning all parts of the plant
    presently classified botanically as Salvia divinorum,
    whether growing or not, the seeds thereof, any extract from
    any part of that plant, and every compound, manufacture,
    salts, isomers, and salts of isomers whenever the existence
    of such salts, isomers, and salts of isomers is possible
    within the specific chemical designation, derivative,
    mixture, or preparation of that plant, its seeds or
    extracts);
        (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
        (12) Peyote (meaning all parts of the plant presently
    classified botanically as Lophophora williamsii Lemaire,
    whether growing or not, the seeds thereof, any extract from
    any part of that plant, and every compound, manufacture,
    salts, derivative, mixture, or preparation of that plant,
    its seeds or extracts);
        (13) N-ethyl-3-piperidyl benzilate (JB 318);
        (14) N-methyl-3-piperidyl benzilate;
        (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
    (also known as N-hydroxy-alpha-methyl-
    3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
        (15) Parahexyl; some trade or other names:
    3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
    dibenzo (b,d) pyran; Synhexyl;
        (16) Psilocybin;
        (17) Psilocyn;
        (18) Alpha-methyltryptamine (AMT);
        (19) 2,5-dimethoxyamphetamine
    (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
        (20) 4-bromo-2,5-dimethoxyamphetamine
    (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
    4-bromo-2,5-DMA);
        (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
    Some trade or other names: 2-(4-bromo-
    2,5-dimethoxyphenyl)-1-aminoethane;
    alpha-desmethyl DOB, 2CB, Nexus;
        (21) 4-methoxyamphetamine
    (4-methoxy-alpha-methylphenethylamine;
    paramethoxyamphetamine; PMA);
        (22) (Blank);
        (23) Ethylamine analog of phencyclidine.
    Some trade or other names:
    N-ethyl-1-phenylcyclohexylamine,
    (1-phenylcyclohexyl) ethylamine,
    N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
        (24) Pyrrolidine analog of phencyclidine. Some trade
    or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
    PHP;
        (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
        (26) 2,5-dimethoxy-4-ethylamphetamine
    (another name: DOET);
        (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
    (another name: TCPy);
        (28) (Blank);
        (29) Thiophene analog of phencyclidine (some trade
    or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
    2-thienyl analog of phencyclidine; TPCP; TCP);
        (30) Bufotenine (some trade or other names:
    3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
    3-(2-dimethylaminoethyl)-5-indolol;
    5-hydroxy-N,N-dimethyltryptamine;
    N,N-dimethylserotonin; mappine);
        (31)  1-Pentyl-3-(1-naphthoyl)indole 
    Some trade or other names: JWH-018; 
        (32) 1-Butyl-3-(1-naphthoyl)indole 
    Some trade or other names: JWH-073; . 
        (33) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- 
    (2-methyloctan-2-yl)phenol), where side chain n=5;  
    and homologues where side chain n=4, 6, or 7;  Some  
    trade or other names: CP 47,497; 
        (34) (6aS,10aS)-9-(hydroxymethyl)-6,6- 
    dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- 
    tetrahydrobenzo[c]chromen-1-ol, its isomers,  
    salts, and salts of isomers; Some trade or other  
    names: HU-210, Dexanabinol; 
        (35) 2,5-Dimethoxy-4-(n)-propylthio- 
    phenethylamine; 
        (36) 5-Methoxy-N,N-diisopropyltryptamine. 
    (e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
        (1) mecloqualone;
        (2) methaqualone; and
        (3) gamma hydroxybutyric acid.
    (f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
        (1) Fenethylline;
        (2) N-ethylamphetamine;
        (3) Aminorex (some other names:
    2-amino-5-phenyl-2-oxazoline; aminoxaphen;
    4-5-dihydro-5-phenyl-2-oxazolamine) and its
    salts, optical isomers, and salts of optical isomers;
        (4) Methcathinone (some other names:
    2-methylamino-1-phenylpropan-1-one;
    Ephedrone; 2-(methylamino)-propiophenone;
    alpha-(methylamino)propiophenone; N-methylcathinone;
    methycathinone; Monomethylpropion; UR 1431) and its
    salts, optical isomers, and salts of optical isomers;
        (5) Cathinone (some trade or other names:
    2-aminopropiophenone; alpha-aminopropiophenone;
    2-amino-1-phenyl-propanone; norephedrone);
        (6) N,N-dimethylamphetamine (also known as:
    N,N-alpha-trimethyl-benzeneethanamine;
    N,N-alpha-trimethylphenethylamine);
        (7) (+ or -) cis-4-methylaminorex  ((+ or -) cis-
    4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine).
    (g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture, or preparation
that contains any quantity of the following substances:
        (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
    (benzylfentanyl), its optical isomers, isomers, salts,
    and salts of isomers;
        (2) N-[1(2-thienyl)
   methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
   its optical isomers, salts, and salts of isomers.
(Source: P.A. 95-239, eff. 1-1-08; 95-331, eff. 8-21-07;
96-347, eff. 1-1-10; 96-1285, eff. 1-1-11.)
 
    (720 ILCS 570/205)  (from Ch. 56 1/2, par. 1205)
    Sec. 205. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may shall issue a rule scheduling a
substance in Schedule II if it finds that:
    (1) the substance has high potential for abuse;
    (2) the substance has currently accepted medical use in
treatment in the United States, or currently accepted medical
use with severe restrictions; and
    (3) the abuse of the substance may lead to severe
psychological or physiological dependence.
(Source: P.A. 83-969.)
 
    (720 ILCS 570/206)  (from Ch. 56 1/2, par. 1206)
    Sec. 206. (a) The controlled substances listed in this
Section are included in Schedule II.
    (b) Unless specifically excepted or unless listed in
another schedule, any of the following substances whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by combination of extraction and chemical
synthesis:
        (1) Opium and opiates, and any salt, compound,
    derivative or preparation of opium or opiate, excluding
    apomorphine, dextrorphan, levopropoxyphene, nalbuphine,
    nalmefene, naloxone, and naltrexone, and their respective
    salts, but including the following:
            (i) Raw Opium;
            (ii) Opium extracts;
            (iii) Opium fluid extracts;
            (iv) Powdered opium;
            (v) Granulated opium;
            (vi) Tincture of opium;
            (vii) Codeine;
            (viii) Ethylmorphine;
            (ix) Etorphine Hydrochloride;
            (x) Hydrocodone;
            (xi) Hydromorphone;
            (xii) Metopon;
            (xiii) Morphine;
            (xiv) Oxycodone;
            (xv) Oxymorphone;
            (xv.5) Tapentadol;
            (xvi) Thebaine;
            (xvii) Thebaine-derived butorphanol.
            (xviii) Dextromethorphan, except drug products
        that may be dispensed pursuant to a prescription order
        of a practitioner and are sold in compliance with the
        safety and labeling standards as set forth by the
        United States Food and Drug Administration, or drug
        products containing dextromethorphan that are sold in
        solid, tablet, liquid, capsule, powder, thin film, or
        gel form and which are formulated, packaged, and sold
        in dosages and concentrations for use as an
        over-the-counter drug product. For the purposes of
        this Section, "over-the-counter drug product" means a
        drug that is available to consumers without a
        prescription and sold in compliance with the safety and
        labeling standards as set forth by the United States
        Food and Drug Administration.
        (2) Any salt, compound, isomer, derivative or
    preparation thereof which is chemically equivalent or
    identical with any of the substances referred to in
    subparagraph (1), but not including the isoquinoline
    alkaloids of opium;
        (3) Opium poppy and poppy straw;
        (4) Coca leaves and any salt, compound, isomer, salt of
    an isomer, derivative, or preparation of coca leaves
    including cocaine or ecgonine, and any salt, compound,
    isomer, derivative, or preparation thereof which is
    chemically equivalent or identical with any of these
    substances, but not including decocainized coca leaves or
    extractions of coca leaves which do not contain cocaine or
    ecgonine (for the purpose of this paragraph, the term
    "isomer" includes optical, positional and geometric
    isomers);
        (5) Concentrate of poppy straw (the crude extract of
    poppy straw in either liquid, solid or powder form which
    contains the phenanthrine alkaloids of the opium poppy).
    (c) Unless specifically excepted or unless listed in
another schedule any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, whenever
the existence of these isomers, esters, ethers and salts is
possible within the specific chemical designation, dextrorphan
excepted:
        (1) Alfentanil;
        (1.1) Carfentanil;
        (2) Alphaprodine;
        (3) Anileridine;
        (4) Bezitramide;
        (5) Bulk Dextropropoxyphene (non-dosage forms);
        (6) Dihydrocodeine;
        (7) Diphenoxylate;
        (8) Fentanyl;
        (9) Sufentanil;
        (9.5) Remifentanil;
        (10) Isomethadone;
        (11) Levomethorphan;
        (12) Levorphanol (Levorphan);
        (13) Metazocine;
        (14) Methadone;
        (15) Methadone-Intermediate,
    4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
        (16) Moramide-Intermediate,
    2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
    acid;
        (17) Pethidine (meperidine);
        (18) Pethidine-Intermediate-A,
    4-cyano-1-methyl-4-phenylpiperidine;
        (19) Pethidine-Intermediate-B,
    ethyl-4-phenylpiperidine-4-carboxylate;
        (20) Pethidine-Intermediate-C,
    1-methyl-4-phenylpiperidine-4-carboxylic acid;
        (21) Phenazocine;
        (22) Piminodine;
        (23) Racemethorphan;
        (24) Racemorphan;
        (25) Levo-alphacetylmethadol (some other names:
    levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
    (d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system:
        (1) Amphetamine, its salts, optical isomers, and salts
    of its optical isomers;
        (2) Methamphetamine, its salts, isomers, and salts of
    its isomers;
        (3) Phenmetrazine and its salts;
        (4) Methylphenidate; .
        (5) Lisdexamfetamine.
    (e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
        (1) Amobarbital;
        (2) Secobarbital;
        (3) Pentobarbital;
        (4) Pentazocine;
        (5) Phencyclidine;
        (6) Gluthethimide;
        (7) (Blank).
    (f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances:
        (1) Immediate precursor to amphetamine and
    methamphetamine:
            (i) Phenylacetone
        Some trade or other names: phenyl-2-propanone;
        P2P; benzyl methyl ketone; methyl benzyl ketone.
        (2) Immediate precursors to phencyclidine:
            (i) 1-phenylcyclohexylamine;
            (ii) 1-piperidinocyclohexanecarbonitrile (PCC).
        (3) Nabilone.
(Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07.)
 
    (720 ILCS 570/207)  (from Ch. 56 1/2, par. 1207)
    Sec. 207. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may shall issue a rule scheduling a
substance in Schedule III if it finds that:
    (1) the substance has a potential for abuse less than the
substances listed in Schedule I and II;
    (2) the substance has currently accepted medical use in
treatment in the United States; and
    (3) abuse of the substance may lead to moderate or low
physiological dependence or high psychological dependence.
(Source: P.A. 83-969.)
 
    (720 ILCS 570/208)  (from Ch. 56 1/2, par. 1208)
    Sec. 208. (a) The controlled substances listed in this
Section are included in Schedule III.
    (b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical
position, or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation;
        (1) Those compounds, mixtures, or preparations in
    dosage unit form containing any stimulant substances
    listed in Schedule II which compounds, mixtures, or
    preparations were listed on August 25, 1971, as excepted
    compounds under Title 21, Code of Federal Regulations,
    Section 308.32, and any other drug of the quantitative
    composition shown in that list for those drugs or which is
    the same except that it contains a lesser quantity of
    controlled substances;
        (2) Benzphetamine;
        (3) Chlorphentermine;
        (4) Clortermine;
        (5) Phendimetrazine.
    (c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
        (1) Any compound, mixture, or preparation containing
    amobarbital, secobarbital, pentobarbital or any salt
    thereof and one or more other active medicinal ingredients
    which are not listed in any schedule;
        (2) Any suppository dosage form containing
    amobarbital, secobarbital, pentobarbital or any salt of
    any of these drugs and approved by the Federal Food and
    Drug Administration for marketing only as a suppository;
        (3) Any substance which contains any quantity of a
    derivative of barbituric acid, or any salt thereof:
        (3.1) Aprobarbital;
        (3.2) Butabarbital (secbutabarbital);
        (3.3) Butalbital;
        (3.4) Butobarbital (butethal);
        (4) Chlorhexadol;
        (5) Methyprylon;
        (6) Sulfondiethylmethane;
        (7) Sulfonethylmethane;
        (8) Sulfonmethane;
        (9) Lysergic acid;
        (10) Lysergic acid amide;
        (10.1) Tiletamine or zolazepam or both, or any salt of
    either of them.
    Some trade or other names for a tiletamine-zolazepam
    combination product: Telazol.
    Some trade or other names for Tiletamine:
    2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
    Some trade or other names for zolazepam:
    4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
    [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
        (11) Any material, compound, mixture or preparation
    containing not more than 12.5 milligrams of pentazocine or
    any of its salts, per 325 milligrams of aspirin;
        (12) Any material, compound, mixture or preparation
    containing not more than 12.5 milligrams of pentazocine or
    any of its salts, per 325 milligrams of acetaminophen;
        (13) Any material, compound, mixture or preparation
    containing not more than 50 milligrams of pentazocine or
    any of its salts plus naloxone HCl USP 0.5 milligrams, per
    dosage unit;
        (14) Ketamine; .
        (15) Thiopental.
    (d) Nalorphine.
    (d.5) Buprenorphine.
    (e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, as set forth below:
        (1) not more than 1.8 grams of codeine per 100
    milliliters or not more than 90 milligrams per dosage unit,
    with an equal or greater quantity of an isoquinoline
    alkaloid of opium;
        (2) not more than 1.8 grams of codeine per 100
    milliliters or not more than 90 milligrams per dosage unit,
    with one or more active non-narcotic ingredients in
    recognized therapeutic amounts;
        (3) not more than 300 milligrams of dihydrocodeinone
    per 100 milliliters or not more than 15 milligrams per
    dosage unit, with a fourfold or greater quantity of an
    isoquinoline alkaloid of opium;
        (4) not more than 300 milligrams of dihydrocodeinone
    per 100 milliliters or not more than 15 milligrams per
    dosage unit, with one or more active, non-narcotic
    ingredients in recognized therapeutic amounts;
        (5) not more than 1.8 grams of dihydrocodeine per 100
    milliliters or not more than 90 milligrams per dosage unit,
    with one or more active, non-narcotic ingredients in
    recognized therapeutic amounts;
        (6) not more than 300 milligrams of ethylmorphine per
    100 milliliters or not more than 15 milligrams per dosage
    unit, with one or more active, non-narcotic ingredients in
    recognized therapeutic amounts;
        (7) not more than 500 milligrams of opium per 100
    milliliters or per 100 grams, or not more than 25
    milligrams per dosage unit, with one or more active,
    non-narcotic ingredients in recognized therapeutic
    amounts;
        (8) not more than 50 milligrams of morphine per 100
    milliliters or per 100 grams with one or more active,
    non-narcotic ingredients in recognized therapeutic
    amounts.
    (f) Anabolic steroids, except the following anabolic
steroids that are exempt:
        (1) Androgyn L.A.;
        (2) Andro-Estro 90-4;
        (3) depANDROGYN;
        (4) DEPO-T.E.;
        (5) depTESTROGEN;
        (6) Duomone;
        (7) DURATESTRIN;
        (8) DUO-SPAN II;
        (9) Estratest;
        (10) Estratest H.S.;
        (11) PAN ESTRA TEST;
        (12) Premarin with Methyltestosterone;
        (13) TEST-ESTRO Cypionates;
        (14) Testosterone Cyp 50 Estradiol Cyp 2;
        (15) Testosterone Cypionate-Estradiol Cypionate
    injection; and
        (16) Testosterone Enanthate-Estradiol Valerate
    injection.
    (g) Hallucinogenic substances.
        (1) Dronabinol (synthetic) in sesame oil and
    encapsulated in a soft gelatin capsule in a U.S. Food and
    Drug Administration approved product. Some other names for
    dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
    6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
    (-)-delta-9-(trans)-tetrahydrocannabinol .
        (2) (Reserved).
    (h) The Department may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsection (b) from the application of all
or any part of this Act if the compound, mixture, or
preparation contains one or more active medicinal ingredients
not having a stimulant or depressant effect on the central
nervous system, and if the admixtures are included therein in
combinations, quantity, proportion, or concentration that
vitiate the potential for abuse of the substances which have a
stimulant or depressant effect on the central nervous system.
(Source: P.A. 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
    (720 ILCS 570/209)  (from Ch. 56 1/2, par. 1209)
    Sec. 209. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may shall issue a rule scheduling a
substance in Schedule IV if it finds that:
    (1) the substance has a low potential for abuse relative to
substances in Schedule III;
    (2) the substance has currently accepted medical use in
treatment in the United States; and
    (3) abuse of the substance may lead to limited
physiological dependence or psychological dependence relative
to the substances in Schedule III.
(Source: P.A. 83-969.)
 
    (720 ILCS 570/210)  (from Ch. 56 1/2, par. 1210)
    Sec. 210. (a) The controlled substances listed in this
Section are included in Schedule IV.
    (b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, as set forth below:
        (1) Not more than 1 milligram of difenoxin (DEA Drug
    Code No. 9618) and not less than 25 micrograms of atropine
    sulfate per dosage unit.
        (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
    2-diphenyl-3-methyl-2-propionoxybutane).
    (c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
        (1) Alprazolam;
        (2) Barbital;
        (2.1) Bromazepam;
        (2.2) Camazepam;
        (2.3) Carisoprodol;
        (3) Chloral Betaine;
        (4) Chloral Hydrate;
        (5) Chlordiazepoxide;
        (5.1) Clobazam;
        (6) Clonazepam;
        (7) Clorazepate;
        (7.1) Clotiazepam;
        (7.2) Cloxazolam;
        (7.3) Delorazepam;
        (8) Diazepam;
        (8.05) Dichloralphenazone;
        (8.1) Estazolam;
        (9) Ethchlorvynol;
        (10) Ethinamate;
        (10.1) Ethyl loflazepate;
        (10.2) Fludiazepam;
        (10.3) Flunitrazepam;
        (11) Flurazepam;
        (11.1) Fospropofol;
        (12) Halazepam;
        (12.1) Haloxazolam;
        (12.2) Ketazolam;
        (12.3) Loprazolam;
        (13) Lorazepam;
        (13.1) Lormetazepam;
        (14) Mebutamate;
        (14.1) Medazepam;
        (15) Meprobamate;
        (16) Methohexital;
        (17) Methylphenobarbital (Mephobarbital);
        (17.1) Midazolam;
        (17.2) Nimetazepam;
        (17.3) Nitrazepam;
        (17.4) Nordiazepam;
        (18) Oxazepam;
        (18.1) Oxazolam;
        (19) Paraldehyde;
        (20) Petrichloral;
        (21) Phenobarbital;
        (21.1) Pinazepam;
        (22) Prazepam;
        (22.1) Quazepam;
        (23) Temazepam;
        (23.1) Tetrazepam;
        (23.2) Tramadol;
        (24) Triazolam;
        (24.5) Zaleplon;
        (25) Zolpidem; .
        (26) Zopiclone.
    (d) Any material, compound, mixture, or preparation which
contains any quantity of the following substances, including
its salts, isomers (whether optical, position, or geometric),
and salts of such isomers, whenever the existence of such
salts, isomers and salts of isomers is possible:
        (1) Fenfluramine.
    (e) Unless specifically excepted or unless listed in
another schedule any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical,
position or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
        (1) Cathine ((+)-norpseudoephedrine);
        (1.1)   Diethylpropion;
        (1.2) Fencamfamin;
        (1.3) Fenproporex;
        (2) Mazindol;
        (2.1) Mefenorex;
        (3) Phentermine;
        (4) Pemoline (including organometallic complexes and
    chelates thereof);
        (5) Pipradrol;
        (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
        (7) Modafinil;
        (8) Sibutramine.
    (f) Other Substances. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substance, including its salts:
        (1) Butorphanol (including its optical isomers).
    (g) The Department may except by rule any compound,
mixture, or preparation containing any depressant substance
listed in subsection (b) from the application of all or any
part of this Act if the compound, mixture, or preparation
contains one or more active medicinal ingredients not having a
depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity,
proportion, or concentration that vitiate the potential for
abuse of the substances which have a depressant effect on the
central nervous system.
    (h) Except as otherwise provided in Section 216, any
material, compound, mixture, or preparation that contains any
quantity of the following substance having a stimulant effect
on the central nervous system, including its salts, enantiomers
(optical isomers) and salts of enantiomers (optical isomers):
        (1) Ephedrine, its salts, optical isomers and salts of
    optical isomers.
(Source: P.A. 90-775, eff. 1-1-99; 91-714, eff. 6-2-00.)
 
    (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
    Sec. 211. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may shall issue a rule scheduling a
substance in Schedule V if it finds that:
    (1) the substance has low potential for abuse relative to
the controlled substances listed in Schedule IV;
    (2) the substance has currently accepted medical use in
treatment in the United States; and
    (3) abuse of the substance may lead to limited
physiological dependence or psychological dependence relative
to the substances in Schedule IV, or the substance is a
targeted methamphetamine precursor as defined in the
Methamphetamine Precursor Control Act.
(Source: P.A. 94-694, eff. 1-15-06.)
 
    (720 ILCS 570/212)  (from Ch. 56 1/2, par. 1212)
    Sec. 212. (a) The controlled substances listed in this
section are included in Schedule V.
    (b) Any compound, mixture, or preparation containing
limited quantities of any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid
which also contains one or more non-narcotic active medicinal
ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation, valuable medicinal
qualities other than those possessed by the narcotic drug alone
as set forth below:
        (1) not more than 200 milligrams of codeine, or any of
    its salts, per 100 milliliters or per 100 grams;
        (2) not more than 10 100 milligrams of dihydrocodeine;
    or any of its salts, per 100 milliliters or per 100 grams;
        (3) not more than 100 milligrams of ethylmorphine, or
    any of its salts, per 100 milliliters or per 100 grams;
        (4) not more than 2.5 milligrams of diphenoxylate and
    not less than 25 micrograms of atropine sulfate per dosage
    unit;
        (5) not more than 100 milligrams of opium per 100
    milliliters or per 100 grams;
        (6) not more than 0.5 milligram of difenoxin (DEA Drug
    Code No. 9618) and not less than 25 micrograms of atropine
    sulfate per dosage unit.
    (c) (Blank). Buprenorphine.
    (c-1) Lacosamide.
    (c-2) Pregabalin.
    (d) Pyrovalerone.
    (d-5) Any targeted methamphetamine precursor as defined in
the Methamphetamine Precursor Control Act.
    (e) Any compound, mixture or preparation which contains any
quantity of any controlled substance when such compound,
mixture or preparation is not otherwise controlled in Schedules
I, II, III or IV.
(Source: P.A. 94-694, eff. 1-15-06.)
 
    (720 ILCS 570/301)  (from Ch. 56 1/2, par. 1301)
    Sec. 301. The Department of Financial and Professional
Regulation shall promulgate rules and charge reasonable fees
and fines relating to the registration and control of the
manufacture, distribution, and dispensing of controlled
substances within this State. All moneys received by the
Department of Financial and Professional Regulation under this
Act shall be deposited into the respective professional
dedicated funds in like manner as the primary professional
licenses.
    A pharmacy, manufacturer of controlled substances, or
wholesale distributor of controlled substances that is
regulated under this Act and owned and operated by the State is
exempt from fees required under this Act. Pharmacists and
pharmacy technicians working in facilities owned and operated
by the State are not exempt from the payment of fees required
by this Act and any rules adopted under this Act. Nothing in
this Section shall be construed to prohibit the Department of
Financial and Professional Regulation from imposing any fine or
other penalty allowed under this Act.
(Source: P.A. 95-689, eff. 10-29-07.)
 
    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
    Sec. 302. (a) Every person who manufactures, distributes,
or dispenses any controlled substances, or engages in chemical
analysis, and instructional activities which utilize
controlled substances, or who purchases, stores, or
administers euthanasia drugs, within this State or who proposes
to engage in the manufacture, distribution, or dispensing of
any controlled substance, or to engage in chemical analysis,
and instructional activities which utilize controlled
substances, or to engage in purchasing, storing, or
administering euthanasia drugs, within this State, must obtain
a registration issued by the Department of Financial and
Professional Regulation in accordance with its rules. The rules
shall include, but not be limited to, setting the expiration
date and renewal period for each registration under this Act.
The Department, any facility or service licensed by the
Department, and any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the Veterinary
Medicine and Surgery Practice Act of 2004 or maintained by a
State-supported or publicly funded university or college shall
be exempt from the regulation requirements of this Section.
    (b) Persons registered by the Department of Financial and
Professional Regulation under this Act to manufacture,
distribute, or dispense controlled substances, or purchase,
store, or administer euthanasia drugs, may possess,
manufacture, distribute, or dispense those substances, or
purchase, store, or administer euthanasia drugs, to the extent
authorized by their registration and in conformity with the
other provisions of this Article.
    (c) The following persons need not register and may
lawfully possess controlled substances under this Act:
        (1) an agent or employee of any registered
    manufacturer, distributor, or dispenser of any controlled
    substance if he or she is acting in the usual course of his
    or her employer's lawful business or employment;
        (2) a common or contract carrier or warehouseman, or an
    agent or employee thereof, whose possession of any
    controlled substance is in the usual lawful course of such
    business or employment;
        (3) an ultimate user or a person in possession of any
    controlled substance pursuant to a lawful prescription of a
    practitioner or in lawful possession of a Schedule V
    substance;
        (4) officers and employees of this State or of the
    United States while acting in the lawful course of their
    official duties which requires possession of controlled
    substances;
        (5) a registered pharmacist who is employed in, or the
    owner of, a pharmacy licensed under this Act and the
    Federal Controlled Substances Act, at the licensed
    location, or if he or she is acting in the usual course of
    his or her lawful profession, business, or employment.
    (d) A separate registration is required at each place of
business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances,
or purchases, stores, or administers euthanasia drugs. Persons
are required to obtain a separate registration for each place
of business or professional practice where controlled
substances are located or stored. A separate registration is
not required for every location at which a controlled substance
may be prescribed.
    (e) The Department of Financial and Professional
Regulation or the Illinois Department of State Police may
inspect the controlled premises, as defined in Section 502 of
this Act, of a registrant or applicant for registration in
accordance with this Act and the rules promulgated hereunder
and with regard to persons licensed by the Department, in
accordance with subsection (bb) of Section 30-5 of the
Alcoholism and Other Drug Abuse and Dependency Act and the
rules and regulations promulgated thereunder.
(Source: P.A. 96-219, eff. 8-10-09.)
 
    (720 ILCS 570/303)  (from Ch. 56 1/2, par. 1303)
    Sec. 303. (a) The Department of Financial and Professional
Regulation shall license an applicant to manufacture,
distribute or dispense controlled substances included in
Sections 202, 204, 206, 208, 210 and 212 of this Act or
purchase, store, or administer euthanasia drugs unless it
determines that the issuance of that license would be
inconsistent with the public interest. In determining the
public interest, the Department of Financial and Professional
Regulation shall consider the following:
        (1) maintenance of effective controls against
    diversion of controlled substances into other than lawful
    medical, scientific, or industrial channels;
        (2) compliance with applicable Federal, State and
    local law;
        (3) any convictions of the applicant, or the designated
    agent of the applicant where applicable, under any law of
    the United States or of any State relating to any
    controlled substance;
        (4) past experience in the manufacture or distribution
    of controlled substances, and the existence in the
    applicant's establishment of effective controls against
    diversion;
        (5) furnishing by the applicant of false or fraudulent
    material in any application filed under this Act;
        (6) suspension or revocation of the applicant's
    Federal registration to manufacture, distribute, or
    dispense controlled substances, or purchase, store, or
    administer euthanasia drugs, as authorized by Federal law;
        (7) whether the applicant is suitably equipped with the
    facilities appropriate to carry on the operation described
    in his or her application;
        (8) whether the applicant is of good moral character
    or, if the applicant is a partnership, association,
    corporation or other organization, whether the partners,
    directors, governing committee and managing officers are
    of good moral character;
        (9) any other factors relevant to and consistent with
    the public health and safety; and
        (10) evidence from court, medical disciplinary and
    pharmacy board records and those of State and Federal
    investigatory bodies that the applicant has not or does not
    prescribe controlled substances within the provisions of
    this Act.
    (b) No license shall be granted to or renewed for any
person who has within 5 years been convicted of a wilful
violation of any law of the United States or any law of any
State relating to controlled substances, or who is found to be
deficient in any of the matters enumerated in subsections
(a)(1) through (a)(8).
    (c) Licensure under subsection (a) does not entitle a
registrant to manufacture, distribute or dispense controlled
substances in Schedules I or II other than those specified in
the registration.
    (d) Practitioners who are licensed to dispense any
controlled substances in Schedules II through V are authorized
to conduct instructional activities with controlled substances
in Schedules II through V under the law of this State.
    (e) If an applicant for registration is registered under
the Federal law to manufacture, distribute or dispense
controlled substances, or purchase, store, or administer
euthanasia drugs, upon filing a completed application for
licensure in this State and payment of all fees due hereunder,
he or she shall be licensed in this State to the same extent as
his or her Federal registration, unless, within 30 days after
completing his or her application in this State, the Department
of Financial and Professional Regulation notifies the
applicant that his or her application has not been granted. A
practitioner who is in compliance with the Federal law with
respect to registration to dispense controlled substances in
Schedules II through V need only send a current copy of that
Federal registration to the Department of Financial and
Professional Regulation and he or she shall be deemed in
compliance with the registration provisions of this State.
    (e-5) All Beginning July 1, 2003, all of the fees and fines
collected under this Section 303 shall be deposited into the
Illinois State Pharmacy Disciplinary Fund.
    (f) The fee for registration as a manufacturer or wholesale
distributor of controlled substances shall be $50.00 per year,
except that the fee for registration as a manufacturer or
wholesale distributor of controlled substances that may be
dispensed without a prescription under this Act shall be $15.00
per year. The expiration date and renewal period for each
controlled substance license issued under this Act shall be set
by rule.
(Source: P.A. 93-32, eff. 7-1-03; 93-626, eff. 12-23-03.)
 
    (720 ILCS 570/303.05)
    Sec. 303.05. Mid-level practitioner registration.
    (a) The Department of Financial and Professional
Regulation shall register licensed physician assistants and
licensed advanced practice nurses to prescribe and dispense
controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer animal euthanasia
drugs under the following circumstances:
        (1) with respect to physician assistants,
            (A) the physician assistant has been delegated
        written authority to prescribe any Schedule III
        through V controlled substances by a physician
        licensed to practice medicine in all its branches in
        accordance with Section 7.5 of the Physician Assistant
        Practice Act of 1987; and the physician assistant has
        completed the appropriate application forms and has
        paid the required fees as set by rule; or
            (B) the physician assistant has been delegated
        authority by a supervising physician licensed to
        practice medicine in all its branches to prescribe or
        dispense Schedule II controlled substances through a
        written delegation of authority and under the
        following conditions:
                (i) no more than 5 Schedule II controlled
            substances by oral dosage may be delegated;
                (ii) any delegation must be of controlled
            substances prescribed by the supervising
            physician;
                (iii) all prescriptions must be limited to no
            more than a 30-day oral dosage, with any
            continuation authorized only after prior approval
            of the supervising physician;
                (iv) the physician assistant must discuss the
            condition of any patients for whom a controlled
            substance is prescribed monthly with the
            delegating physician; and
                (v) the physician assistant must have
            completed the appropriate application forms and
            paid the required fees as set by rule;
        (2) with respect to advanced practice nurses,
            (A) the advanced practice nurse has been delegated
        authority to prescribe any Schedule III through V
        controlled substances by a physician licensed to
        practice medicine in all its branches or a podiatrist
        in accordance with Section 65-40 of the Nurse Practice
        Act. The advanced practice nurse has completed the
        appropriate application forms and has paid the
        required fees as set by rule; or
            (B) the advanced practice nurse has been delegated
        authority by a collaborating physician licensed to
        practice medicine in all its branches to prescribe or
        dispense Schedule II controlled substances through a
        written delegation of authority and under the
        following conditions:
                (i) no more than 5 Schedule II controlled
            substances by oral dosage may be delegated;
                (ii) any delegation must be of controlled
            substances prescribed by the collaborating
            physician;
                (iii) all prescriptions must be limited to no
            more than a 30-day oral dosage, with any
            continuation authorized only after prior approval
            of the collaborating physician;
                (iv) the advanced practice nurse must discuss
            the condition of any patients for whom a controlled
            substance is prescribed monthly with the
            delegating physician or in the course of review as
            required by Section 65-40 of the Nurse Practice
            Act; and
                (v) the advanced practice nurse must have
            completed the appropriate application forms and
            paid the required fees as set by rule; or
        (3) with respect to animal euthanasia agencies, the
    euthanasia agency has obtained a license from the
    Department of Financial and Professional Regulation and
    obtained a registration number from the Department.
    (b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which a
licensed physician or licensed podiatrist has delegated
prescriptive authority, except that an animal euthanasia
agency does not have any prescriptive authority. A physician
assistant and an advanced practice nurse are prohibited from
prescribing medications and controlled substances not set
forth in the required written delegation of authority.
    (c) Upon completion of all registration requirements,
physician assistants, advanced practice nurses, and animal
euthanasia agencies may shall be issued a mid-level
practitioner controlled substances license for Illinois.
(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
96-268, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
    (720 ILCS 570/303.1)  (from Ch. 56 1/2, par. 1303.1)
    Sec. 303.1. Any person who delivers a check or other
payment to the Department of Financial and Professional
Regulation that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices without
paying the renewal fee or issuance fee and the fine due, an
additional fine of $100 shall be imposed. The fines imposed by
this Section are in addition to any other discipline provided
under this Act for unlicensed practice or practice on a
nonrenewed license. The Department of Financial and
Professional Regulation shall notify the person that payment of
fees and fines shall be paid to the Department by certified
check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date
of the notification, the person has failed to submit the
necessary remittance, the Department of Financial and
Professional Regulation shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the Department
for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department of
Financial and Professional Regulation may establish a fee for
the processing of an application for restoration of a license
or certificate to pay all expenses of processing this
application. The Secretary Director may waive the fines due
under this Section in individual cases where the Secretary of
the Department of Financial and Professional Regulation
Director finds that the fines would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    (720 ILCS 570/304)  (from Ch. 56 1/2, par. 1304)
    Sec. 304. (a) A registration under Section 303 to
manufacture, distribute, or dispense a controlled substance or
purchase, store, or administer euthanasia drugs may be denied,
refused renewal, suspended, or revoked by the Department of
Financial and Professional Regulation, and a fine of no more
than $10,000 per violation may be imposed on the applicant or
regstrant, upon a finding that the applicant or registrant:
        (1) has furnished any false or fraudulent material
    information in any application filed under this Act; or
        (2) has been convicted of a felony under any law of the
    United States or any State relating to any controlled
    substance; or
        (3) has had suspended or revoked his or her Federal
    registration to manufacture, distribute, or dispense
    controlled substances or purchase, store, or administer
    euthanasia drugs; or
        (4) has been convicted of bribery, perjury, or other
    infamous crime under the laws of the United States or of
    any State; or
        (5) has violated any provision of this Act or any rules
    promulgated hereunder, or any provision of the
    Methamphetamine Precursor Control Act or rules promulgated
    thereunder, whether or not he or she has been convicted of
    such violation; or
        (6) has failed to provide effective controls against
    the diversion of controlled substances in other than
    legitimate medical, scientific or industrial channels.
    (b) The Department of Financial and Professional
Regulation may limit revocation or suspension of a registration
to the particular controlled substance with respect to which
grounds for revocation or suspension exist.
    (c) The Department of Financial and Professional
Regulation shall promptly notify the Administration, the
Department and the Illinois Department of State Police or their
successor agencies, of all orders denying, suspending or
revoking registration, all forfeitures of controlled
substances, and all final court dispositions, if any, of such
denials, suspensions, revocations or forfeitures.
    (d) If Federal registration of any registrant is suspended,
revoked, refused renewal or refused issuance, then the
Department of Financial and Professional Regulation shall
issue a notice and conduct a hearing in accordance with Section
305 of this Act.
(Source: P.A. 93-626, eff. 12-23-03; 94-694, eff. 1-15-06.)
 
    (720 ILCS 570/305)  (from Ch. 56 1/2, par. 1305)
    Sec. 305. (a) Before denying, refusing renewal of,
suspending, or revoking a registration, or imposing a fine on
an applicant or registrant, the Department of Financial and
Professional Regulation shall serve upon the applicant or
registrant, by registered mail at the address in the
application or registration or by any other means authorized
under the Civil Practice Law or Rules of the Illinois Supreme
Court for the service of summons or subpoenas, a notice of
hearing to determine why registration should not be denied,
refused renewal, suspended or revoked. The notice shall contain
a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the Department of
Financial and Professional Regulation at a reasonable time and
place. These proceedings shall be conducted in accordance with
Sections 2105-5, 2105-15, 2105-100, 2105-105, 2105-110,
2105-115, 2105-120, 2105-125, 2105-175, and 2105-325 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-5, 2105/2105-15, 2105/2105-100, 2105/2105-105,
2105/2105-110, 2105/2105-115, 2105/2105-120, 2105/2105-125,
2105/2105-175, and 2105/2105-325), without regard to any
criminal prosecution or other proceeding. Except as authorized
in subsection (c), proceedings to refuse renewal or suspend or
revoke registration shall not abate the existing registration,
which shall remain in effect until the Department of Financial
and Professional Regulation has held the hearing called for in
the notice and found, with input from the appropriate licensure
or disciplinary board, that the registration shall no longer
remain in effect.
    (b) The Secretary of the Department of Financial and
Professional Regulation Director may appoint an attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action to deny, refuse to renew,
suspend, or revoke, or take any other disciplinary action with
regard to a registration. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall
report his or her findings and recommendations to the
appropriate licensure or disciplinary board within 30 days
after receiving the record. The Disciplinary Board shall have
60 days from receipt of the report to review the report of the
hearing officer and present its findings of fact, conclusions
of law, and recommendations to the Secretary of the Department
of Financial and Professional Regulation Director.
    (c) If the Department of Financial and Professional
Regulation finds that there is an imminent danger to the public
health or safety by the continued manufacture, distribution or
dispensing of controlled substances by the registrant, the
Department of Financial and Professional Regulation may, upon
the issuance of a written ruling stating the reasons for such
finding and without notice or hearing, suspend such registrant.
The suspension shall continue in effect for not more than 15 14
days during which time the registrant shall be given a hearing
on the issues involved in the suspension. If after the hearing,
and after input from the appropriate licensure or disciplinary
board, the Department of Financial and Professional Regulation
finds that the public health or safety requires the suspension
to remain in effect it shall so remain until the ruling is
terminated by its own terms or subsequent ruling or is
dissolved by a circuit court upon determination that the
suspension was wholly without basis in fact and law.
    (d) If, after a hearing as provided in subsection (a), the
Department of Financial and Professional Regulation finds that
a registration should be refused renewal, suspended or revoked,
a written ruling to that effect shall be entered. The
Department of Financial and Professional Regulation's ruling
shall remain in effect until the ruling is terminated by its
own terms or subsequent ruling or is dissolved by a circuit
court upon a determination that the refusal to renew suspension
or revocation was wholly without basis in fact and law.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (720 ILCS 570/306)  (from Ch. 56 1/2, par. 1306)
    Sec. 306. Every practitioner and person who is required
under this Act to be registered to manufacture, distribute or
dispense controlled substances or purchase, store, or
administer euthanasia drugs under this Act shall keep records
and maintain inventories in conformance with the recordkeeping
and inventory requirements of the laws of the United States and
with any additional rules and forms issued by the Department of
Financial and Professional Regulation.
(Source: P.A. 93-626, eff. 12-23-03.)
 
    (720 ILCS 570/309)  (from Ch. 56 1/2, par. 1309)
    Sec. 309. On or after April 1, 2000, no person shall issue
a prescription for a Schedule II controlled substance, which is
a narcotic drug listed in Section 206 of this Act; or which
contains any quantity of amphetamine or methamphetamine, their
salts, optical isomers or salts of optical isomers;
phenmetrazine and its salts; gluthethimide; and pentazocine,
other than on a written prescription; provided that in the case
of an emergency, epidemic or a sudden or unforeseen accident or
calamity, the prescriber may issue a lawful oral prescription
where failure to issue such a prescription might result in loss
of life or intense suffering, but such oral prescription shall
include a statement by the prescriber concerning the accident
or calamity, or circumstances constituting the emergency, the
cause for which an oral prescription was used. Within 7 days
after issuing an emergency prescription, the prescriber shall
cause a written prescription for the emergency quantity
prescribed to be delivered to the dispensing pharmacist. The
prescription shall have written on its face "Authorization for
Emergency Dispensing", and the date of the emergency
prescription. The written prescription may be delivered to the
pharmacist in person, or by mail, but if delivered by mail it
must be postmarked within the 7-day period. Upon receipt, the
dispensing pharmacist shall attach this prescription to the
emergency oral prescription earlier received and reduced to
writing. The dispensing pharmacist shall notify the Department
of Financial and Professional Regulation Human Services if the
prescriber fails to deliver the authorization for emergency
dispensing on the prescription to him or her. Failure of the
dispensing pharmacist to do so shall void the authority
conferred by this paragraph to dispense without a written
prescription of a prescriber. All prescriptions issued for
Schedule II controlled substances shall include both a written
and numerical notation of quantity on the face of the
prescription. No prescription for a Schedule II controlled
substance may be refilled. The Department shall provide, at no
cost, audit reviews and necessary information to the Department
of Financial and Professional Regulation in conjunction with
ongoing investigations being conducted in whole or part by the
Department of Financial and Professional Regulation.
(Source: P.A. 95-689, eff. 10-29-07.)
 
    (720 ILCS 570/311.5 new)
    Sec. 311.5. Electronic prescriptions for controlled
substances. Notwithstanding any other Section in this Act, a
prescriber who is otherwise authorized to prescribe controlled
substances in Illinois may issue an electronic prescription for
Schedule II, III, IV, and V controlled substances if done in
accordance with the federal rules for electronic prescriptions
for controlled substances, as set forth in 21 C.F.R. Parts
1300, 1304, 1306, and 1311, as amended.
 
    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
    Sec. 312. Requirements for dispensing controlled
substances.
    (a) A practitioner, in good faith, may dispense a Schedule
II controlled substance, which is a narcotic drug listed in
Section 206 of this Act; or which contains any quantity of
amphetamine or methamphetamine, their salts, optical isomers
or salts of optical isomers; phenmetrazine and its salts; or
pentazocine; and Schedule III, IV, or V controlled substances
to any person upon a written or electronic prescription of any
prescriber, dated and signed by the person prescribing (or
electronically validated in compliance with Section 311.5) on
the day when issued and bearing the name and address of the
patient for whom, or the owner of the animal for which the
controlled substance is dispensed, and the full name, address
and registry number under the laws of the United States
relating to controlled substances of the prescriber, if he or
she is required by those laws to be registered. If the
prescription is for an animal it shall state the species of
animal for which it is ordered. The practitioner filling the
prescription shall, unless otherwise permitted, write the date
of filling and his or her own signature on the face of the
written prescription or, alternatively, shall indicate such
filling using a unique identifier as defined in paragraph (v)
of Section 3 of the Pharmacy Practice Act. The written
prescription shall be retained on file by the practitioner who
filled it or pharmacy in which the prescription was filled for
a period of 2 years, so as to be readily accessible for
inspection or removal by any officer or employee engaged in the
enforcement of this Act. Whenever the practitioner's or
pharmacy's copy of any prescription is removed by an officer or
employee engaged in the enforcement of this Act, for the
purpose of investigation or as evidence, such officer or
employee shall give to the practitioner or pharmacy a receipt
in lieu thereof. If the specific prescription is machine or
computer generated and printed at the prescriber's office, the
date does not need to be handwritten. A prescription for a
Schedule II controlled substance shall not be issued for filled
more than a 30 day supply, except as provided in subsection
(a-5), and shall be valid for up to 90 days after the date of
issuance. A written prescription for Schedule III, IV or V
controlled substances shall not be filled or refilled more than
6 months after the date thereof or refilled more than 5 times
unless renewed, in writing, by the prescriber.
    (a-5) Physicians may issue multiple prescriptions (3
sequential 30-day supplies) for the same Schedule II controlled
substance, authorizing up to a 90-day supply. Before
authorizing a 90-day supply of a Schedule II controlled
substance, the physician must meet both of the following
conditions:
        (1) Each separate prescription must be issued for a
    legitimate medical purpose by an individual physician
    acting in the usual course of professional practice.
        (2) The individual physician must provide written
    instructions on each prescription (other than the first
    prescription, if the prescribing physician intends for the
    prescription to be filled immediately) indicating the
    earliest date on which a pharmacy may fill that
    prescription.
    (b) In lieu of a written prescription required by this
Section, a pharmacist, in good faith, may dispense Schedule
III, IV, or V substances to any person either upon receiving a
facsimile of a written, signed prescription transmitted by the
prescriber or the prescriber's agent or upon a lawful oral
prescription of a prescriber which oral prescription shall be
reduced promptly to writing by the pharmacist and such written
memorandum thereof shall be dated on the day when such oral
prescription is received by the pharmacist and shall bear the
full name and address of the ultimate user for whom, or of the
owner of the animal for which the controlled substance is
dispensed, and the full name, address, and registry number
under the law of the United States relating to controlled
substances of the prescriber prescribing if he or she is
required by those laws to be so registered, and the pharmacist
filling such oral prescription shall write the date of filling
and his or her own signature on the face of such written
memorandum thereof. The facsimile copy of the prescription or
written memorandum of the oral prescription shall be retained
on file by the proprietor of the pharmacy in which it is filled
for a period of not less than two years, so as to be readily
accessible for inspection by any officer or employee engaged in
the enforcement of this Act in the same manner as a written
prescription. The facsimile copy of the prescription or oral
prescription and the written memorandum thereof shall not be
filled or refilled more than 6 months after the date thereof or
be refilled more than 5 times, unless renewed, in writing, by
the prescriber.
    (c) Except for any non-prescription targeted
methamphetamine precursor regulated by the Methamphetamine
Precursor Control Act, a controlled substance included in
Schedule V shall not be distributed or dispensed other than for
a medical purpose and not for the purpose of evading this Act,
and then:
        (1) only personally by a person registered to dispense
    a Schedule V controlled substance and then only to his or
    her patients, or
        (2) only personally by a pharmacist, and then only to a
    person over 21 years of age who has identified himself or
    herself to the pharmacist by means of 2 positive documents
    of identification.
        (3) the dispenser shall record the name and address of
    the purchaser, the name and quantity of the product, the
    date and time of the sale, and the dispenser's signature.
        (4) no person shall purchase or be dispensed more than
    120 milliliters or more than 120 grams of any Schedule V
    substance which contains codeine, dihydrocodeine, or any
    salts thereof, or ethylmorphine, or any salts thereof, in
    any 96 hour period. The purchaser shall sign a form,
    approved by the Department of Financial and Professional
    Regulation, attesting that he or she has not purchased any
    Schedule V controlled substances within the immediately
    preceding 96 hours.
        (5) (Blank). a copy of the records of sale, including
    all information required by paragraph (3), shall be
    forwarded to the Department of Professional Regulation at
    its principal office by the 15th day of the following
    month.
        (6) all records of purchases and sales shall be
    maintained for not less than 2 years.
        (7) no person shall obtain or attempt to obtain within
    any consecutive 96 hour period any Schedule V substances of
    more than 120 milliliters or more than 120 grams containing
    codeine, dihydrocodeine or any of its salts, or
    ethylmorphine or any of its salts. Any person obtaining any
    such preparations or combination of preparations in excess
    of this limitation shall be in unlawful possession of such
    controlled substance.
        (8) a person qualified to dispense controlled
    substances under this Act and registered thereunder shall
    at no time maintain or keep in stock a quantity of Schedule
    V controlled substances defined and listed in Section 212
    (b) (1), (2) or (3) in excess of 4.5 liters for each
    substance; a pharmacy shall at no time maintain or keep in
    stock a quantity of Schedule V controlled substances as
    defined in excess of 4.5 liters for each substance, plus
    the additional quantity of controlled substances necessary
    to fill the largest number of prescription orders filled by
    that pharmacy for such controlled substances in any one
    week in the previous year. These limitations shall not
    apply to Schedule V controlled substances which Federal law
    prohibits from being dispensed without a prescription.
        (9) no person shall distribute or dispense butyl
    nitrite for inhalation or other introduction into the human
    body for euphoric or physical effect.
    (d) Every practitioner shall keep a record or log of
controlled substances received by him or her and a record of
all such controlled substances administered, dispensed or
professionally used by him or her otherwise than by
prescription. It shall, however, be sufficient compliance with
this paragraph if any practitioner utilizing controlled
substances listed in Schedules III, IV and V shall keep a
record of all those substances dispensed and distributed by him
or her other than those controlled substances which are
administered by the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any
other means to the body of a patient or research subject. A
practitioner who dispenses, other than by administering, a
controlled substance in Schedule II, which is a narcotic drug
listed in Section 206 of this Act, or which contains any
quantity of amphetamine or methamphetamine, their salts,
optical isomers or salts of optical isomers, pentazocine, or
methaqualone shall do so only upon the issuance of a written
prescription blank or electronic prescription issued by a
prescriber.
    (e) Whenever a manufacturer distributes a controlled
substance in a package prepared by him or her, and whenever a
wholesale distributor distributes a controlled substance in a
package prepared by him or her or the manufacturer, he or she
shall securely affix to each package in which that substance is
contained a label showing in legible English the name and
address of the manufacturer, the distributor and the quantity,
kind and form of controlled substance contained therein. No
person except a pharmacist and only for the purposes of filling
a prescription under this Act, shall alter, deface or remove
any label so affixed.
    (f) Whenever a practitioner dispenses any controlled
substance except a non-prescription Schedule V product or a
non-prescription targeted methamphetamine precursor regulated
by the Methamphetamine Precursor Control Act, he or she shall
affix to the container in which such substance is sold or
dispensed, a label indicating the date of initial filling, the
practitioner's name and address, the name of the patient, the
name of the prescriber, the directions for use and cautionary
statements, if any, contained in any prescription or required
by law, the proprietary name or names or the established name
of the controlled substance, and the dosage and quantity,
except as otherwise authorized by regulation by the Department
of Financial and Professional Regulation. No person shall
alter, deface or remove any label so affixed as long as the
specific medication remains in the container.
    (g) A person to whom or for whose use any controlled
substance has been prescribed or dispensed by a practitioner,
or other persons authorized under this Act, and the owner of
any animal for which such substance has been prescribed or
dispensed by a veterinarian, may lawfully possess such
substance only in the container in which it was delivered to
him or her by the person dispensing such substance.
    (h) The responsibility for the proper prescribing or
dispensing of controlled substances that are under the
prescriber's direct control is upon the prescriber. The and the
responsibility for the proper filling of a prescription for
controlled substance drugs rests with the pharmacist. An order
purporting to be a prescription issued to any individual, which
is not in the regular course of professional treatment nor part
of an authorized methadone maintenance program, nor in
legitimate and authorized research instituted by any
accredited hospital, educational institution, charitable
foundation, or federal, state or local governmental agency, and
which is intended to provide that individual with controlled
substances sufficient to maintain that individual's or any
other individual's physical or psychological addiction,
habitual or customary use, dependence, or diversion of that
controlled substance is not a prescription within the meaning
and intent of this Act; and the person issuing it, shall be
subject to the penalties provided for violations of the law
relating to controlled substances.
    (i) A prescriber shall not preprint or cause to be
preprinted a prescription for any controlled substance; nor
shall any practitioner issue, fill or cause to be issued or
filled, a preprinted prescription for any controlled
substance.
    (i-5) A prescriber may use a machine or electronic device
to individually generate a printed prescription, but the
prescriber is still required to affix his or her manual
signature.
    (j) No person shall manufacture, dispense, deliver,
possess with intent to deliver, prescribe, or administer or
cause to be administered under his or her direction any
anabolic steroid, for any use in humans other than the
treatment of disease in accordance with the order of a
physician licensed to practice medicine in all its branches for
a valid medical purpose in the course of professional practice.
The use of anabolic steroids for the purpose of hormonal
manipulation that is intended to increase muscle mass, strength
or weight without a medical necessity to do so, or for the
intended purpose of improving physical appearance or
performance in any form of exercise, sport, or game, is not a
valid medical purpose or in the course of professional
practice.
    (k) Controlled substances may be mailed if all of the
following conditions are met:
        (1) The controlled substances are not outwardly
    dangerous and are not likely, of their own force, to cause
    injury to a person's life or health.
        (2) The inner container of a parcel containing
    controlled substances must be marked and sealed as required
    under this Act and its rules, and be placed in a plain
    outer container or securely wrapped in plain paper.
        (3) If the controlled substances consist of
    prescription medicines, the inner container must be
    labeled to show the name and address of the pharmacy or
    practitioner dispensing the prescription.
        (4) The outside wrapper or container must be free of
    markings that would indicate the nature of the contents.
(Source: P.A. 96-166, eff. 1-1-10.)
 
    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
    Sec. 313. (a) Controlled substances which are lawfully
administered in hospitals or institutions licensed under the
"Hospital Licensing Act" shall be exempt from the requirements
of Sections 312 and 316, except that the prescription for the
controlled substance shall be in writing on the patient's
record, signed by the prescriber, and dated, and shall state
the name, and quantity of controlled substances ordered and the
quantity actually administered. The records of such
prescriptions shall be maintained for two years and shall be
available for inspection by officers and employees of the
Illinois Department of State Police, and the Department of
Financial and Professional Regulation.
    The exemption under this subsection (a) does not apply to a
prescription (including an outpatient prescription from an
emergency department or outpatient clinic) for more than a
72-hour supply of a discharge medication to be consumed outside
of the hospital or institution.
    (b) Controlled substances that can lawfully be
administered or dispensed directly to a patient in a long-term
care facility licensed by the Department of Public Health as a
skilled nursing facility, intermediate care facility, or
long-term care facility for residents under 22 years of age,
are exempt from the requirements of Section 312 except that a
prescription for a Schedule II controlled substance must be
either a written prescription signed by the prescriber or a
written prescription transmitted by the prescriber or
prescriber's agent to the dispensing pharmacy by facsimile. The
facsimile serves as the original prescription and must be
maintained for 2 years from the date of issue in the same
manner as a written prescription signed by the prescriber.
    (c) A prescription that is generated written for a Schedule
II controlled substance to be compounded for direct
administration by parenteral, intravenous, intramuscular,
subcutaneous, or intraspinal infusion to a patient in a private
residence, long-term care facility, or hospice program may be
transmitted by facsimile by the prescriber or the prescriber's
agent to the pharmacy providing the home infusion services. The
facsimile serves as the original written prescription for
purposes of this paragraph (c) and it shall be maintained in
the same manner as the original written prescription.
    (c-1) A prescription generated written for a Schedule II
controlled substance for a patient residing in a hospice
certified by Medicare under Title XVIII of the Social Security
Act or licensed by the State may be transmitted by the
practitioner or the practitioner's agent to the dispensing
pharmacy by facsimile or electronically as provided in Section
311.5. The practitioner or practitioner's agent must note on
the prescription that the patient is a hospice patient. The
facsimile or electronic record serves as the original written
prescription for purposes of this paragraph (c-1) and it shall
be maintained in the same manner as the original written
prescription.
    (d) Controlled substances which are lawfully administered
and/or dispensed in drug abuse treatment programs licensed by
the Department shall be exempt from the requirements of
Sections 312 and 316, except that the prescription for such
controlled substances shall be issued and authenticated on
official prescription logs prepared and maintained in
accordance with 77 Ill. Adm. Code 2060: Alcoholism and
Substance Abuse Treatment and Intervention Licenses, and in
compliance with other applicable State and federal laws. The
Department-licensed drug treatment program shall report
applicable prescriptions via electronic record keeping
software approved by the Department. This software must be
compatible with the specifications of the Department. Drug
abuse treatment programs shall report to the Department
methadone prescriptions or medications dispensed through the
use of Department-approved File Transfer Protocols (FTPs).
Methadone prescription records must be maintained in
accordance with the applicable requirements as set forth by the
Department in accordance with 77 Ill. Adm. Code 2060:
Alcoholism and Substance Abuse Treatment and Intervention
Licenses, and in compliance with other applicable State and
federal laws.
    (e) Nothing in this Act shall be construed to limit the
authority of a hospital pursuant to Section 65-45 of the Nurse
Practice Act to grant hospital clinical privileges to an
individual advanced practice nurse to select, order or
administer medications, including controlled substances to
provide services within a hospital. Nothing in this Act shall
be construed to limit the authority of an ambulatory surgical
treatment center pursuant to Section 65-45 of the Nurse
Practice Act to grant ambulatory surgical treatment center
clinical privileges to an individual advanced practice nurse to
select, order or administer medications, including controlled
substances to provide services within an ambulatory surgical
treatment center supplied by the Department. The official
prescription logs issued by the Department shall be printed in
triplicate on distinctively marked paper and furnished to
programs at reasonable cost. The official prescription logs
furnished to the programs shall contain, in preprinted form,
such information as the Department may require. The official
prescription logs shall be properly endorsed by a physician
licensed to practice medicine in all its branches issuing the
order, with his own signature and the date of ordering, and
further endorsed by the practitioner actually administering or
dispensing the dosage at the time of such administering or
dispensing in accordance with requirements issued by the
Department. The duplicate copy shall be retained by the program
for a period of not less than three years nor more than seven
years; the original and triplicate copy shall be returned to
the Department at its principal office in accordance with
requirements set forth by the Department.
(Source: P.A. 95-442, eff. 1-1-08.)
 
    (720 ILCS 570/314.5 new)
    Sec. 314.5. Medication shopping; pharmacy shopping.
    (a) It shall be unlawful for any person knowingly or
intentionally to fraudulently obtain or fraudulently seek to
obtain any controlled substance or prescription for a
controlled substance from a prescriber or dispenser while being
supplied with any controlled substance or prescription for a
controlled substance by another prescriber or dispenser,
without disclosing the fact of the existing controlled
substance or prescription for a controlled substance to the
prescriber or dispenser from whom the subsequent controlled
substance or prescription for a controlled substance is sought.
    (b) It shall be unlawful for a person knowingly or
intentionally to fraudulently obtain or fraudulently seek to
obtain any controlled substance from a pharmacy while being
supplied with any controlled substance by another pharmacy,
without disclosing the fact of the existing controlled
substance to the pharmacy from which the subsequent controlled
substance is sought.
    (c) A person may be in violation of Section 3.23 of the
Illinois Food, Drug and Cosmetic Act when medication shopping
or pharmacy shopping, or both.
    (d) When a person has been identified as having 6 or more
prescribers or 6 or more pharmacies, or both, that do not
utilize a common electronic file as specified in Section 20 of
the Pharmacy Practice Act for controlled substances within the
course of a continuous 30-day period, the Prescription
Monitoring Program may issue an unsolicited report to the
prescribers informing them of the potential medication
shopping.
    (e) Nothing in this Section shall be construed to create a
requirement that any prescriber, dispenser, or pharmacist
request any patient medication disclosure, report any patient
activity, or prescribe or refuse to prescribe or dispense any
medications.
    (f) This Section shall not be construed to apply to
inpatients or residents at hospitals or other institutions or
to institutional pharmacies.
 
    (720 ILCS 570/316)
    Sec. 316. Prescription Schedule II controlled substance
prescription monitoring program.
    (a) The Department must provide for a Schedule II
controlled substance prescription monitoring program for
Schedule II, III, IV, and V controlled substances that includes
the following components and requirements:
        (1) The dispenser must transmit to the central
    repository, in a form and manner specified by the
    Department, the following information:
            (A) The recipient's name.
            (B) The recipient's address.
            (C) The national drug code number of the Schedule
        II controlled substance dispensed.
            (D) The date the controlled substance is
        dispensed.
            (E) The quantity of the controlled substance
        dispensed.
            (F) The dispenser's United States Drug Enforcement
        Administration registration number.
            (G) The prescriber's United States Drug
        Enforcement Administration registration number.
            (H) The dates the controlled substance
        prescription is filled.
            (I) The payment type used to purchase the
        controlled substance (i.e. Medicaid, cash, third party
        insurance).
            (J) The patient location code (i.e. home, nursing
        home, outpatient, etc.) for the controlled substances
        other than those filled at a retail pharmacy.
            (K) Any additional information that may be
        required by the department by administrative rule,
        including but not limited to information required for
        compliance with the criteria for electronic reporting
        of the American Society for Automation and Pharmacy or
        its successor.
        (2) The information required to be transmitted under
    this Section must be transmitted not more than 7 days after
    the date on which a controlled substance is dispensed, or
    at such other time as may be required by the Department by
    administrative rule.
        (3) A dispenser must transmit the information required
    under this Section by:
            (A) an electronic device compatible with the
        receiving device of the central repository;
            (B) a computer diskette;
            (C) a magnetic tape; or
            (D) a pharmacy universal claim form or Pharmacy
        Inventory Control form;
        (4) The Department may impose a civil fine of up to
    $100 per day for willful failure to report controlled
    substance dispensing to the Prescription Monitoring
    Program. The fine shall be calculated on no more than the
    number of days from the time the report was required to be
    made until the time the problem was resolved, and shall be
    payable to the Prescription Monitoring Program.
    that meets specifications prescribed by the Department.
    (b) The Department, by rule, may include in the monitoring
program certain other select drugs that are not included in
Schedule II, III, IV, or V. The Controlled substance
prescription monitoring program does not apply to controlled
substance prescriptions as exempted under Section 313.
    (c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372. Long-term
care pharmacies shall transmit patient medication profiles to
the Prescription Monitoring Program monthly or more frequently
as established by administrative rule.
(Source: P.A. 95-442, eff. 1-1-08.)
 
    (720 ILCS 570/317)
    Sec. 317. Central repository for collection of
information.
    (a) The Department must designate a central repository for
the collection of information transmitted under Section 316 and
former Section 321.
    (b) The central repository must do the following:
        (1) Create a database for information required to be
    transmitted under Section 316 in the form required under
    rules adopted by the Department, including search
    capability for the following:
            (A) A recipient's name.
            (B) A recipient's address.
            (C) The national drug code number of a controlled
        substance dispensed.
            (D) The dates a controlled substance is dispensed.
            (E) The quantities of a controlled substance
        dispensed.
            (F) A dispenser's United States Drug Enforcement
        Administration registration number.
            (G) A prescriber's United States Drug Enforcement
        Administration registration number.
            (H) The dates the controlled substance
        prescription is filled.
            (I) The payment type used to purchase the
        controlled substance (i.e. Medicaid, cash, third party
        insurance).
            (J) The patient location code (i.e. home, nursing
        home, outpatient, etc.) for controlled substance
        prescriptions other than those filled at a retail
        pharmacy.
        (2) Provide the Department with a database maintained
    by the central repository. The Department of Financial and
    Professional Regulation must provide the Department with
    electronic access to the license information of a
    prescriber or dispenser. The Department of Financial and
    Professional Regulation may charge a fee for this access
    not to exceed the actual cost of furnishing the
    information.
        (3) Secure the information collected by the central
    repository and the database maintained by the central
    repository against access by unauthorized persons.
    No fee shall be charged for access by a prescriber or
dispenser.
(Source: P.A. 95-442, eff. 1-1-08.)
 
    (720 ILCS 570/318)
    Sec. 318. Confidentiality of information.
    (a) Information received by the central repository under
Section 316 and former Section 321 is confidential.
    (b) The Department must carry out a program to protect the
confidentiality of the information described in subsection
(a). The Department may disclose the information to another
person only under subsection (c), (d), or (f) and may charge a
fee not to exceed the actual cost of furnishing the
information.
    (c) The Department may disclose confidential information
described in subsection (a) to any person who is engaged in
receiving, processing, or storing the information.
    (d) The Department may release confidential information
described in subsection (a) to the following persons:
        (1) A governing body that licenses practitioners and is
    engaged in an investigation, an adjudication, or a
    prosecution of a violation under any State or federal law
    that involves a controlled substance.
        (2) An investigator for the Consumer Protection
    Division of the office of the Attorney General, a
    prosecuting attorney, the Attorney General, a deputy
    Attorney General, or an investigator from the office of the
    Attorney General, who is engaged in any of the following
    activities involving controlled substances:
            (A) an investigation;
            (B) an adjudication; or
            (C) a prosecution of a violation under any State or
        federal law that involves a controlled substance.
        (3) A law enforcement officer who is:
            (A) authorized by the Illinois Department of State
        Police or the office of a county sheriff or State's
        Attorney or municipal police department of Illinois to
        receive information of the type requested for the
        purpose of investigations involving controlled
        substances; or
            (B) approved by the Department to receive
        information of the type requested for the purpose of
        investigations involving controlled substances; and
            (C) engaged in the investigation or prosecution of
        a violation under any State or federal law that
        involves a controlled substance.
    (e) Before the Department releases confidential
information under subsection (d), the applicant must
demonstrate in writing to the Department that:
        (1) the applicant has reason to believe that a
    violation under any State or federal law that involves a
    controlled substance has occurred; and
        (2) the requested information is reasonably related to
    the investigation, adjudication, or prosecution of the
    violation described in subdivision (1).
    (f) The Department may receive and release prescription
record information under Section 316 and former Section 321 to:
        (1) a governing body that licenses practitioners;
        (2) an investigator for the Consumer Protection
    Division of the office of the Attorney General, a
    prosecuting attorney, the Attorney General, a deputy
    Attorney General, or an investigator from the office of the
    Attorney General;
        (3) any Illinois law enforcement officer who is:
            (A) authorized to receive the type of information
        released; and
            (B) approved by the Department to receive the type
        of information released; or
        (4) prescription monitoring entities in other states
    per the provisions outlined in subsection (g) and (h)
    below;
confidential prescription record information collected under
Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large
quantities of Schedule II, III, IV, or V controlled substances
outside the scope of their practice, pharmacy, or business, as
determined by the Advisory Committee created by Section 320.
    (g) The information described in subsection (f) may not be
released until it has been reviewed by an employee of the
Department who is licensed as a prescriber or a dispenser and
until that employee has certified that further investigation is
warranted. However, failure to comply with this subsection (g)
does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
    (h) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (f) may
disclose the information to a law enforcement officer or an
attorney for the office of the Attorney General for use as
evidence in the following:
        (1) A proceeding under any State or federal law that
    involves a controlled substance.
        (2) A criminal proceeding or a proceeding in juvenile
    court that involves a controlled substance.
    (i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not
include information that identifies, by name, license or
address, any practitioner, dispenser, ultimate user, or other
person administering a controlled substance.
    (j) Based upon federal, initial and maintenance funding, a
prescriber and dispenser inquiry system shall be developed to
assist the health care medical community in its goal of
effective clinical practice and to prevent patients from
diverting or abusing medications.
        (1) An inquirer shall have read-only access to a
    stand-alone database which shall contain records for the
    previous 12 6 months.
        (2) Dispensers may, upon positive and secure
    identification, make an inquiry on a patient or customer
    solely for a medical purpose as delineated within the
    federal HIPAA law.
        (3) The Department shall provide a one-to-one secure
    link and encrypted software necessary to establish the link
    between an inquirer and the Department. Technical
    assistance shall also be provided.
        (4) Written inquiries are acceptable but must include
    the fee and the requestor's Drug Enforcement
    Administration license number and submitted upon the
    requestor's business stationary.
        (5) As directed by the Prescription Monitoring Program
    Advisory Committee and the Clinical Director for the
    Prescription Monitoring Program, aggregate data that does
    not indicate any prescriber, practitioner, dispenser, or
    patient may be used for clinical studies. No data shall be
    stored in the database beyond 24 months.
        (6) Tracking analysis shall be established and used per
    administrative rule.
        (7) Nothing in this Act or Illinois law shall be
    construed to require a prescriber or dispenser to make use
    of this inquiry system.
        (8) If there is an adverse outcome because of a
    prescriber or dispenser making an inquiry, which is
    initiated in good faith, the prescriber or dispenser shall
    be held harmless from any civil liability.
    (k) The Department shall establish, by rule, the process by
which to evaluate possible erroneous association of
prescriptions to any licensed prescriber or end user of the
Illinois Prescription Information Library (PIL).
    (l) The Prescription Monitoring Program Advisory Committee
is authorized to evaluate the need for and method of
establishing a patient specific identifier.
    (m) Patients who identify prescriptions attributed to them
that were not obtained by them shall be given access to their
personal prescription history pursuant to the validation
process as set forth by administrative rule.
    (n) The Prescription Monitoring Program is authorized to
develop operational push reports to entities with compatible
electronic medical records. The process shall be covered within
administrative rule established by the Department.
    (o) Hospital emergency departments and freestanding
healthcare facilities providing healthcare to walk-in patients
may obtain, for the purpose of improving patient care, a unique
identifier for each shift to utilize the PIL system.
(Source: P.A. 95-442, eff. 1-1-08.)
 
    (720 ILCS 570/319)
    Sec. 319. Rules. The Department must adopt rules under the
Illinois Administrative Procedure Act to implement Sections
316 through 321, including the following:
        (1) Information collection and retrieval procedures
    for the central repository, including the controlled
    substances to be included in the program required under
    Section 316 and Section 321 (now repealed).
        (2) Design for the creation of the database required
    under Section 317.
        (3) Requirements for the development and installation
    of on-line electronic access by the Department to
    information collected by the central repository.
(Source: P.A. 95-442, eff. 1-1-08.)
 
    (720 ILCS 570/320)
    Sec. 320. Advisory committee.
    (a) The Secretary of the Department of Human Services must
appoint an advisory committee to assist the Department in
implementing the controlled substance prescription monitoring
program created by Section 316 and former Section 321 of this
Act. The Advisory Committee consists of prescribers and
dispensers.
    (b) The Secretary of the Department of Human Services or
his or her designee must determine the number of members to
serve on the advisory committee. The Secretary must choose one
of the members of the advisory committee to serve as chair of
the committee.
    (c) The advisory committee may appoint its other officers
as it deems appropriate.
    (d) The members of the advisory committee shall receive no
compensation for their services as members of the advisory
committee but may be reimbursed for their actual expenses
incurred in serving on the advisory committee.
    (e) The advisory committee shall:
        (1) provide a uniform approach to reviewing this Act in
    order to determine whether changes should be recommended to
    the General Assembly.
        (2) review current drug schedules in order to manage
    changes to the administrative rules pertaining to the
    utilization of this Act.
(Source: P.A. 95-442, eff. 1-1-08.)
 
    (720 ILCS 570/405)  (from Ch. 56 1/2, par. 1405)
    Sec. 405. (a) Any person who engages in a calculated
criminal drug conspiracy, as defined in subsection (b), is
guilty of a Class X felony. The fine for violation of this
Section shall not be more than $500,000, and the offender shall
be subject to the forfeitures prescribed in subsection (c).
    (b) For purposes of this section, a person engages in a
calculated criminal drug conspiracy when:
        (1) he or she violates any of the provisions of
    subsection (a) or (c) of Section 401 or subsection (a) of
    Section 402; and
        (2) such violation is a part of a conspiracy undertaken
    or carried on with two or more other persons; and
        (3) he or she obtains anything of value greater than
    $500 from, or organizes, directs or finances such violation
    or conspiracy.
    (c) Any person who is convicted under this section of
engaging in a calculated criminal drug conspiracy shall forfeit
to the State of Illinois:
        (1) the receipts obtained by him or her in such
    conspiracy; and
        (2) any of his or her interests in, claims against,
    receipts from, or property or rights of any kind affording
    a source of influence over, such conspiracy.
    (d) The circuit court may enter such injunctions,
restraining orders, directions or prohibitions, or to take such
other actions, including the acceptance of satisfactory
performance bonds, in connection with any property, claim,
receipt, right or other interest subject to forfeiture under
this Section, as it deems proper.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (720 ILCS 570/405.1)  (from Ch. 56 1/2, par. 1405.1)
    Sec. 405.1. (a) Elements of the offense. A person commits
criminal drug conspiracy when, with the intent that an offense
set forth in Section 401, Section 402, or Section 407 of this
Act be committed, he or she agrees with another to the
commission of that offense. No person may be convicted of
conspiracy to commit such an offense unless an act in
furtherance of such agreement is alleged and proved to have
been committed by him or her or by a co-conspirator.
    (b) Co-conspirators. It shall not be a defense to
conspiracy that the person or persons with whom the accused is
alleged to have conspired:
        (1) Has not been prosecuted or convicted, or
        (2) Has been convicted of a different offense, or
        (3) Is not amenable to justice, or
        (4) Has been acquitted, or
        (5) Lacked the capacity to commit an offense.
    (c) Sentence. A person convicted of criminal drug
conspiracy may be fined or imprisoned or both, but any term of
imprisonment imposed shall be not less than the minimum nor
more than the maximum provided for the offense which is the
object of the conspiracy.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
 
    (720 ILCS 570/406)  (from Ch. 56 1/2, par. 1406)
    Sec. 406. (a) It is unlawful for any person:
        (1) who is subject to Article III knowingly to
    distribute or dispense a controlled substance in violation
    of Sections 308 through 314.5 314 of this Act; or
        (2) who is a registrant, to manufacture a controlled
    substance not authorized by his or her registration, or to
    distribute or dispense a controlled substance not
    authorized by his or her registration to another registrant
    or other authorized person; or
        (3) to refuse or fail to make, keep or furnish any
    record, notification, order form, statement, invoice or
    information required under this Act; or
        (4) to refuse an entry into any premises for any
    inspection authorized by this Act; or
        (5) knowingly to keep or maintain any store, shop,
    warehouse, dwelling, building, vehicle, boat, aircraft, or
    other structure or place, which is resorted to by a person
    unlawfully possessing controlled substances, or which is
    used for possessing, manufacturing, dispensing or
    distributing controlled substances in violation of this
    Act.
    Any person who violates this subsection (a) is guilty of a
Class A misdemeanor for the first offense and a Class 4 felony
for each subsequent offense. The fine for each subsequent
offense shall not be more than $100,000. In addition, any
practitioner who is found guilty of violating this subsection
(a) is subject to suspension and revocation of his or her
professional license, in accordance with such procedures as are
provided by law for the taking of disciplinary action with
regard to the license of said practitioner's profession.
    (b) It is unlawful for any person knowingly:
        (1) to distribute, as a registrant, a controlled
    substance classified in Schedule I or II, except pursuant
    to an order form as required by Section 307 of this Act; or
        (2) to use, in the course of the manufacture or
    distribution of a controlled substance, a registration
    number which is fictitious, revoked, suspended, or issued
    to another person; or
        (3) to acquire or obtain possession of a controlled
    substance by misrepresentation, fraud, forgery, deception
    or subterfuge; or
        (4) to furnish false or fraudulent material
    information in, or omit any material information from, any
    application, report or other document required to be kept
    or filed under this Act, or any record required to be kept
    by this Act; or
        (5) to make, distribute or possess any punch, die,
    plate, stone or other thing designed to print, imprint or
    reproduce the trademark, trade name or other identifying
    mark, imprint or device of another, or any likeness of any
    of the foregoing, upon any controlled substance or
    container or labeling thereof so as to render the drug a
    counterfeit substance; or
        (6) (blank); or
        (7) (blank).
    Any person who violates this subsection (b) is guilty of a
Class 4 felony for the first offense and a Class 3 felony for
each subsequent offense. The fine for the first offense shall
be not more than $100,000. The fine for each subsequent offense
shall not be more than $200,000.
    (c) A person who knowingly or intentionally violates
Section 316, 317, 318, or 319 is guilty of a Class A
misdemeanor.
(Source: P.A. 95-487, eff. 1-1-08.)
 
    (720 ILCS 570/408)  (from Ch. 56 1/2, par. 1408)
    Sec. 408. (a) Any person convicted of a second or
subsequent offense under this Act may be sentenced to
imprisonment for a term up to twice the maximum term otherwise
authorized, fined an amount up to twice that otherwise
authorized, or both.
    (b) For purposes of this Section, an offense is considered
a second or subsequent offense, if, prior to his or her
conviction of the offense, the offender has at any time been
convicted under this Act or under any law of the United States
or of any State relating to controlled substances.
(Source: P.A. 78-255.)
 
    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
    Sec. 410. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for any offense under this Act or any law of the United States
or of any State relating to cannabis or controlled substances,
pleads guilty to or is found guilty of possession of a
controlled or counterfeit substance under subsection (c) of
Section 402 or of unauthorized possession of prescription form
under Section 406.2, the court, without entering a judgment and
with the consent of such person, may sentence him or her to
probation.
    (b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
    (c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board.
    (d) The court may, in addition to other conditions, require
that the person:
        (1) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of probation;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical or psychiatric treatment; or
    treatment or rehabilitation approved by the Illinois
    Department of Human Services;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his or her dependents;
        (6-5) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (7) and in addition, if a minor:
            (i) reside with his or her parents or in a foster
        home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his or her own support at home
        or in a foster home.
    (e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
    (g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
    (h) There may be only one discharge and dismissal under
this Section, Section 10 of the Cannabis Control Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act with respect to any person.
    (i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
 
    (720 ILCS 570/411.2)  (from Ch. 56 1/2, par. 1411.2)
    Sec. 411.2. (a) Every person convicted of a violation of
this Act, and every person placed on probation, conditional
discharge, supervision or probation under Section 410 of this
Act, shall be assessed for each offense a sum fixed at:
        (1) $3,000 for a Class X felony;
        (2) $2,000 for a Class 1 felony;
        (3) $1,000 for a Class 2 felony;
        (4) $500 for a Class 3 or Class 4 felony;
        (5) $300 for a Class A misdemeanor;
        (6) $200 for a Class B or Class C misdemeanor.
    (b) The assessment under this Section is in addition to and
not in lieu of any fines, restitution costs, forfeitures or
other assessments authorized or required by law.
    (c) As a condition of the assessment, the court may require
that payment be made in specified installments or within a
specified period of time. If the assessment is not paid within
the period of probation, conditional discharge or supervision
to which the defendant was originally sentenced, the court may
extend the period of probation, conditional discharge or
supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
Code of Corrections, as applicable, until the assessment is
paid or until successful completion of public or community
service set forth in subsection (e) or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (f). If a term of probation,
conditional discharge or supervision is not imposed, the
assessment shall be payable upon judgment or as directed by the
court.
    (d) If an assessment for a violation of this Act is imposed
on an organization, it is the duty of each individual
authorized to make disbursements of the assets of the
organization to pay the assessment from assets of the
organization.
    (e) A defendant who has been ordered to pay an assessment
may petition the court to convert all or part of the assessment
into court-approved public or community service. One hour of
public or community service shall be equivalent to $4 of
assessment. The performance of this public or community service
shall be a condition of the probation, conditional discharge or
supervision and shall be in addition to the performance of any
other period of public or community service ordered by the
court or required by law.
    (f) The court may suspend the collection of the assessment
imposed under this Section; provided the defendant agrees to
enter a substance abuse intervention or treatment program
approved by the court; and further provided that the defendant
agrees to pay for all or some portion of the costs associated
with the intervention or treatment program. In this case, the
collection of the assessment imposed under this Section shall
be suspended during the defendant's participation in the
approved intervention or treatment program. Upon successful
completion of the program, the defendant may apply to the court
to reduce the assessment imposed under this Section by any
amount actually paid by the defendant for his or her
participation in the program. The court shall not reduce the
penalty under this subsection unless the defendant establishes
to the satisfaction of the court that he or she has
successfully completed the intervention or treatment program.
If the defendant's participation is for any reason terminated
before his or her successful completion of the intervention or
treatment program, collection of the entire assessment imposed
under this Section shall be enforced. Nothing in this Section
shall be deemed to affect or suspend any other fines,
restitution costs, forfeitures or assessments imposed under
this or any other Act.
    (g) The court shall not impose more than one assessment per
complaint, indictment or information. If the person is
convicted of more than one offense in a complaint, indictment
or information, the assessment shall be based on the highest
class offense for which the person is convicted.
    (h) In counties under 3,000,000, all moneys collected under
this Section shall be forwarded by the clerk of the circuit
court to the State Treasurer for deposit in the Drug Treatment
Fund, which is hereby established as a special fund within the
State Treasury. The Department of Human Services may make
grants to persons licensed under Section 15-10 of the
Alcoholism and Other Drug Abuse and Dependency Act or to
municipalities or counties from funds appropriated to the
Department from the Drug Treatment Fund for the treatment of
pregnant women who are addicted to alcohol, cannabis or
controlled substances and for the needed care of minor,
unemancipated children of women undergoing residential drug
treatment. If the Department of Human Services grants funds to
a municipality or a county that the Department determines is
not experiencing a problem with pregnant women addicted to
alcohol, cannabis or controlled substances, or with care for
minor, unemancipated children of women undergoing residential
drug treatment, or intervention, the funds shall be used for
the treatment of any person addicted to alcohol, cannabis or
controlled substances. The Department may adopt such rules as
it deems appropriate for the administration of such grants.
    (i) In counties over 3,000,000, all moneys collected under
this Section shall be forwarded to the County Treasurer for
deposit into the County Health Fund. The County Treasurer
shall, no later than the 15th day of each month, forward to the
State Treasurer 30 percent of all moneys collected under this
Act and received into the County Health Fund since the prior
remittance to the State Treasurer. Funds retained by the County
shall be used for community-based treatment of pregnant women
who are addicted to alcohol, cannabis, or controlled substances
or for the needed care of minor, unemancipated children of
these women. Funds forwarded to the State Treasurer shall be
deposited into the State Drug Treatment Fund maintained by the
State Treasurer from which the Department of Human Services may
make grants to persons licensed under Section 15-10 of the
Alcoholism and Other Drug Abuse and Dependency Act or to
municipalities or counties from funds appropriated to the
Department from the Drug Treatment Fund, provided that the
moneys collected from each county be returned proportionately
to the counties through grants to licensees located within the
county from which the assessment was received and moneys in the
State Drug Treatment Fund shall not supplant other local, State
or federal funds. If the Department of Human Services grants
funds to a municipality or county that the Department
determines is not experiencing a problem with pregnant women
addicted to alcohol, cannabis or controlled substances, or with
care for minor, unemancipated children or women undergoing
residential drug treatment, the funds shall be used for the
treatment of any person addicted to alcohol, cannabis or
controlled substances. The Department may adopt such rules as
it deems appropriate for the administration of such grants.
(Source: P.A. 88-670, eff. 12-2-94; 89-215, eff. 1-1-96;
89-507, eff. 7-1-97.)
 
    (720 ILCS 570/413)  (from Ch. 56 1/2, par. 1413)
    Sec. 413. (a) Twelve and one-half percent of all amounts
collected as fines pursuant to the provisions of this Article
shall be paid into the Youth Drug Abuse Prevention Fund, which
is hereby created in the State treasury, to be used by the
Department for the funding of programs and services for
drug-abuse treatment, and prevention and education services,
for juveniles.
    (b) Eighty-seven and one-half percent of the proceeds of
all fines received under the provisions of this Article shall
be transmitted to and deposited in the treasurer's office at
the level of government as follows:
        (1) If such seizure was made by a combination of law
    enforcement personnel representing differing units of
    local government, the court levying the fine shall
    equitably allocate 50% of the fine among these units of
    local government and shall allocate 37 1/2% to the county
    general corporate fund. In the event that the seizure was
    made by law enforcement personnel representing a unit of
    local government from a municipality where the number of
    inhabitants exceeds 2 million in population, the court
    levying the fine shall allocate 87 1/2% of the fine to that
    unit of local government. If the seizure was made by a
    combination of law enforcement personnel representing
    differing units of local government, and at least one of
    those units represents a municipality where the number of
    inhabitants exceeds 2 million in population, the court
    shall equitably allocate 87 1/2% of the proceeds of the
    fines received among the differing units of local
    government.
        (2) If such seizure was made by State law enforcement
    personnel, then the court shall allocate 37 1/2% to the
    State treasury and 50% to the county general corporate
    fund.
        (3) If a State law enforcement agency in combination
    with a law enforcement agency or agencies of a unit or
    units of local government conducted the seizure, the court
    shall equitably allocate 37 1/2% of the fines to or among
    the law enforcement agency or agencies of the unit or units
    of local government which conducted the seizure and shall
    allocate 50% to the county general corporate fund.
    (c) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating cannabis,
methamphetamine, and other controlled substances. The proceeds
of fines awarded to the State treasury shall be deposited in a
special fund known as the Drug Traffic Prevention Fund, except
that amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be used
as provided in Section 2-115 of the Illinois Vehicle Code.
Monies from this fund may be used by the Illinois Department of
State Police or use in the enforcement of laws regulating
cannabis, methamphetamine, and other controlled substances; to
satisfy funding provisions of the Intergovernmental Drug Laws
Enforcement Act; to defray costs and expenses associated with
returning violators of the Cannabis Control Act and this Act
only, as provided in those Acts, when punishment of the crime
shall be confinement of the criminal in the penitentiary; and
all other monies shall be paid into the general revenue fund in
the State treasury.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (720 ILCS 570/501)  (from Ch. 56 1/2, par. 1501)
    Sec. 501. (a) It is hereby made the duty of the Department
of Financial and Professional Regulation and the Illinois
Department of State Police, and their agents, officers, and
investigators, to enforce all provisions of this Act, except
those specifically delegated, and to cooperate with all
agencies charged with the enforcement of the laws of the United
States, or of any State, relating to controlled substances.
Only an agent, officer, or investigator designated by the
Secretary of the Department of Financial and Professional
Regulation or the Director of the Illinois State Police may:
(1) for the purpose of inspecting, copying, and verifying the
correctness of records, reports or other documents required to
be kept or made under this Act and otherwise facilitating the
execution of the functions of the Department of Financial and
Professional Regulation or the Illinois Department of State
Police, be authorized in accordance with this Section to enter
controlled premises and to conduct administrative inspections
thereof and of the things specified; or (2) execute and serve
administrative inspection notices, warrants, subpoenas, and
summonses under the authority of this State. Any inspection or
administrative entry of persons licensed by the Department
shall be made in accordance with subsection (bb) of Section
30-5 of the Alcoholism and Other Drug Abuse and Dependency Act
and the rules and regulations promulgated thereunder.
    (b) Administrative entries and inspections designated in
clause (1) of subsection (a) shall be carried out through
agents, officers, investigators and peace officers
(hereinafter referred to as "inspectors") designated by the
Secretary of the Department of Financial and Professional
Regulation Director. Any inspector, upon stating his or her
purpose and presenting to the owner, operator, or agent in
charge of the premises (1) appropriate credentials and (2) a
written notice of his or her inspection authority (which
notice, in the case of an inspection requiring or in fact
supported by an administrative inspection warrant, shall
consist of that warrant), shall have the right to enter the
premises and conduct the inspection at reasonable times.
    Inspectors appointed before the effective date of this
amendatory Act of the 97th General Assembly by the Secretary of
Financial and Professional Regulation Director under this
Section 501 are conservators of the peace and as such have all
the powers possessed by policemen in municipalities cities and
by sheriffs, except that they may exercise such powers anywhere
in the State.
    A Chief of Investigations of the Department of Financial
and Professional Regulation's Division of Professional
Regulation appointed by the Secretary of Financial and
Professional Regulation on or after the effective date of this
amendatory Act of the 97th General Assembly is a conservator of
the peace and as such has all the powers possessed by policemen
in municipalities and by sheriffs, except that he or she may
exercise such powers anywhere in the State. Any other employee
of the Department of Financial and Professional Regulation
appointed by the Secretary of Financial and Professional
Regulation or by the Director of Professional Regulation on or
after the effective date of this amendatory Act of the 97th
General Assembly under this Section 501 is not a conservator of
the peace.
    (c) Except as may otherwise be indicated in an applicable
inspection warrant, the inspector shall have the right:
        (1) to inspect and copy records, reports and other
    documents required to be kept or made under this Act;
        (2) to inspect, within reasonable limits and in a
    reasonable manner, controlled premises and all pertinent
    equipment, finished and unfinished drugs and other
    substances or materials, containers and labeling found
    therein, and all other things therein (including records,
    files, papers, processes, controls and facilities)
    appropriate for verification of the records, reports and
    documents referred to in item (1) or otherwise bearing on
    the provisions of this Act; and
        (3) to inventory any stock of any controlled substance.
    (d) Except when the owner, operator, or agent in charge of
the controlled premises so consents in writing, no inspection
authorized by this Section shall extend to:
        (1) financial data;
        (2) sales data other than shipment data; or
        (3) pricing data.
    Any inspection or administrative entry of persons licensed
by the Department shall be made in accordance with subsection
(bb) of Section 30-5 of the Alcoholism and Other Drug Abuse and
Dependency Act and the rules and regulations promulgated
thereunder.
    (e) Any agent, officer, investigator or peace officer
designated by the Secretary of the Department of Financial and
Professional Regulation Director may (1) make seizure of
property pursuant to the provisions of this Act; and (2)
perform such other law enforcement duties as the Secretary
Director shall designate. It is hereby made the duty of all
State's Attorneys to prosecute violations of this Act and
institute legal proceedings as authorized under this Act.
(Source: P.A. 88-670, eff. 12-2-94; 89-202, eff. 10-1-95.)
 
    (720 ILCS 570/501.1)  (from Ch. 56 1/2, par. 1501.1)
    Sec. 501.1. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein, but shall apply only to the Department of
Financial and Professional Regulation, as if all of the
provisions of that Act were included in this Act, except that
the provision of subsection (d) of Section 10-65 of the
Illinois Administrative Procedure Act which provides that at
hearings the licensee has the right to show compliance with all
lawful requirements for retention, continuation or renewal of
the license is specifically excluded. For the purposes of this
Act the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
(Source: P.A. 88-45.)
 
    (720 ILCS 570/503)  (from Ch. 56 1/2, par. 1503)
    Sec. 503. In addition to any other remedies, the Director
or the Secretary of the Department of Financial and
Professional Regulation is authorized to file a complaint and
apply to any circuit court for, and such circuit court may upon
hearing and for cause shown, grant a temporary restraining
order or a preliminary or permanent injunction, without bond,
restraining any person from violating this Act whether or not
there exists other judicial remedies.
(Source: P.A. 83-342.)
 
    (720 ILCS 570/504)  (from Ch. 56 1/2, par. 1504)
    Sec. 504. (a) The Director and the Secretary of the
Department of Financial and Professional Regulation shall each
cooperate with Federal agencies and other State agencies in
discharging his or her responsibilities concerning traffic in
controlled substances and in suppressing the misuse and abuse
of controlled substances. To this end he or she may:
    (1) arrange for the exchange of information among
governmental officials concerning the use, misuse and abuse of
controlled substances;
    (2) coordinate and cooperate in training programs
concerning controlled substance law enforcement at local and
State levels;
    (3) cooperate with the federal Drug Enforcement
Administration or its successor agency; and
    (4) conduct programs of eradication aimed at destroying
wild illicit growth of plant species from which controlled
substances may be extracted.
    (b) Results, information, and evidence received from the
Drug Enforcement Administration relating to the regulatory
functions of this Act, including results of inspections
conducted by it may be relied and acted upon by the Director
and the Secretary of the Department of Financial and
Professional Regulation in the exercise of their his regulatory
functions under this Act.
(Source: P.A. 84-874.)
 
    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
    Sec. 505. (a) The following are subject to forfeiture:
        (1) all substances which have been manufactured,
    distributed, dispensed, or possessed in violation of this
    Act;
        (2) all raw materials, products and equipment of any
    kind which are used, or intended for use in manufacturing,
    distributing, dispensing, administering or possessing any
    substance in violation of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraphs (1) and (2), but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended to
    be used in violation of this Act;
        (5) everything of value furnished, or intended to be
    furnished, in exchange for a substance in violation of this
    Act, all proceeds traceable to such an exchange, and all
    moneys, negotiable instruments, and securities used, or
    intended to be used, to commit or in any manner to
    facilitate any violation of this Act;
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of Section 401 or 405 of this Act or that is the
    proceeds of any violation or act that constitutes a
    violation of Section 401 or 405 of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the seizure is incident to inspection under an
    administrative inspection warrant;
        (2) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding, or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (3) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (4) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (5) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
    (d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture
proceedings and the decisions of the State's Attorney under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property and estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by the
    Director;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) If the Department of Financial and Professional
Regulation suspends or revokes a registration, all controlled
substances owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may be
placed under seal by the Director. No disposition may be made
of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a suspension or revocation order rule becoming
final, all substances may be forfeited to the Illinois State
Police Department of Professional Regulation.
    (f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
    (g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or state law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances or for
    security cameras used for the prevention or detection of
    violence, except that amounts distributed to the Secretary
    of State shall be deposited into the Secretary of State
    Evidence Fund to be used as provided in Section 2-115 of
    the Illinois Vehicle Code.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing cannabis and controlled substances. In counties
    over 3,000,000 population, 25% will be distributed to the
    Office of the State's Attorney for use in the enforcement
    of laws governing cannabis and controlled substances. If
    the prosecution is undertaken solely by the Attorney
    General, the portion provided hereunder shall be
    distributed to the Attorney General for use in the
    enforcement of laws governing cannabis and controlled
    substances.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing cannabis and controlled substances.
    The Office of the State's Attorneys Appellate Prosecutor
    shall not receive distribution from cases brought in
    counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
    (h) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this Act, or of which the owners or
cultivators are unknown, or which are wild growths, may be
seized and summarily forfeited to the State. The failure, upon
demand by the Director or any peace officer, of the person in
occupancy or in control of land or premises upon which the
species of plants are growing or being stored, to produce
registration, or proof that he or she is the holder thereof,
constitutes authority for the seizure and forfeiture of the
plants.
(Source: P.A. 94-1004, eff. 7-3-06.)
 
    (720 ILCS 570/507)  (from Ch. 56 1/2, par. 1507)
    Sec. 507. All rulings, final determinations, findings, and
conclusions of the Illinois Department of State Police, the
Department of Financial and Professional Regulation, and the
Department of Human Services of the State of Illinois under
this Act are final and conclusive decisions of the matters
involved. Any person aggrieved by the decision may obtain
review of the decision pursuant to the provisions of the
Administrative Review Law, as amended and the rules adopted
pursuant thereto. Pending final decision on such review, the
acts, orders and rulings of the Department shall remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, sanctions and rulings of the
Department of Financial and Professional Regulation regarding
any registration shall remain in full force and effect, unless
stayed by order of court. However, no stay of any decision of
the administrative agency shall issue unless the person
aggrieved by the decision establishes by a preponderance of the
evidence that good cause exists therefor. In determining good
cause, the court shall find that the aggrieved party has
established a substantial likelihood of prevailing on the
merits and that granting the stay will not have an injurious
effect on the general public. Good cause shall not be
established solely on the basis of hardships resulting from an
inability to engage in the registered activity pending a final
judicial decision.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    (720 ILCS 570/507.2 new)
    Sec. 507.2. Rulemaking authority. The Department of Human
Services is granted rulemaking authority concerning
implementation, maintenance, and compliance with the
Prescription Monitoring Program.
 
    (720 ILCS 570/510)
    Sec. 510. Preservation of evidence for laboratory testing.
    (a) Before or after the trial in a prosecution for a
violation of any Section of Article IV of this Act, a law
enforcement agency or an agent acting on behalf of the law
enforcement agency must preserve, subject to a continuous chain
of custody, not less than:
        (1) 2 kilograms of any substance containing a
    detectable amount of heroin;
        (2) 10 kilograms of any substance containing a
    detectable amount of: (A) coca leaves, except coca leaves
    and extract of coca leaves from which cocaine, ecgonine,
    and derivatives of ecgonine or their salts have been
    removed; (B) cocaine, its salts, optical and geometric
    isomers, and salts of isomers; (C) ecgonine, its
    derivatives, their salts, isomers, and salts of isomers; or
    (D) any combination of the substances described in
    subdivisions (A) through (C) of this paragraph (a)(2);
        (3) 10 kilograms of a mixture of substances described
    in subdivision (B) of paragraph (a)(2) that contains a
    cocaine base;
        (4) 200 grams of phencyclidine (also referred to as
    "PCP") or 2 kilograms of any substance containing a
    detectable amount of phencyclidine;
        (5) 20 grams of any substance containing a detectable
    amount of lysergic acid diethylamide (also referred to as
    "LSD");
        (6) 800 grams of a mixture or substance containing a
    detectable amount of fentanyl, or 2 grams of any substance
    containing a detectable amount of any analog of fentanyl;
with respect to the offenses enumerated in this subsection (a)
and must maintain sufficient documentation to locate that
evidence. Excess quantities with respect to the offenses
enumerated in this subsection (a) cannot practicably be
retained by a law enforcement agency because of its size, bulk,
and physical character.
    (b) The sheriff or seizing law enforcement agency must file
a motion requesting destruction of bulk evidence before the
trial judge in the courtroom where the criminal charge is
pending. The sheriff or seizing law enforcement agency must
give notice of the motion requesting destruction of bulk
evidence to the prosecutor of the criminal charge and the
defense attorney of record. The trial judge will conduct an
evidentiary hearing in which all parties will be given the
opportunity to present evidence and arguments relating to
whether the evidence should be destroyed, whether such
destruction will prejudice the prosecution of the criminal
case, and whether the destruction of the evidence will
prejudice the defense of the criminal charge. The court's
determination whether to grant the motion for destruction of
bulk evidence must be based upon the totality of all of the
circumstances of the case presented at the evidentiary hearing,
the effect such destruction would have upon the defendant's
constitutional rights, and the prosecutor's ability to proceed
with the prosecution of the criminal charge.
    (c) The court may, before trial, transfer excess quantities
of any substance containing any of the controlled substances
enumerated in subsection (a) with respect to a prosecution for
any offense enumerated in subsection (a) to the sheriff of the
county, or may, in its discretion, transfer such evidence to
the Illinois Department of State Police, for destruction after
notice is given to the defendant's attorney of record or to the
defendant if the defendant is proceeding pro se.
    (d) After a judgment of conviction is entered and the
charged quantity is no longer needed for evidentiary purposes
with respect to a prosecution for any offense enumerated in
subsection (a), the court may transfer any substance containing
any of the controlled substances enumerated in subsection (a)
to the sheriff of the county, or may, in its discretion,
transfer such evidence to the Illinois Department of State
Police, for destruction after notice is given to the
defendant's attorney of record or to the defendant if the
defendant is proceeding pro se. No evidence shall be disposed
of until 30 days after the judgment is entered, and if a notice
of appeal is filed, no evidence shall be disposed of until the
mandate has been received by the circuit court from the
Appellate Court.
(Source: P.A. 95-993, eff. 10-3-08.)
 
    (720 ILCS 570/217 rep.)
    (720 ILCS 570/314 rep.)
    (720 ILCS 570/315 rep.)
    (720 ILCS 570/321 rep.)
    Section 10. The Illinois Controlled Substances Act is
amended by repealing Sections 217, 314, 315, and 321.
 
    Section 99. Effective date. This Act takes effect January
1, 2012.
INDEX
Statutes amended in order of appearance
    720 ILCS 570/100from Ch. 56 1/2, par. 1100
    720 ILCS 570/102from Ch. 56 1/2, par. 1102
    720 ILCS 570/201from Ch. 56 1/2, par. 1201
    720 ILCS 570/202from Ch. 56 1/2, par. 1202
    720 ILCS 570/203from Ch. 56 1/2, par. 1203
    720 ILCS 570/204from Ch. 56 1/2, par. 1204
    720 ILCS 570/205from Ch. 56 1/2, par. 1205
    720 ILCS 570/206from Ch. 56 1/2, par. 1206
    720 ILCS 570/207from Ch. 56 1/2, par. 1207
    720 ILCS 570/208from Ch. 56 1/2, par. 1208
    720 ILCS 570/209from Ch. 56 1/2, par. 1209
    720 ILCS 570/210from Ch. 56 1/2, par. 1210
    720 ILCS 570/211from Ch. 56 1/2, par. 1211
    720 ILCS 570/212from Ch. 56 1/2, par. 1212
    720 ILCS 570/301from Ch. 56 1/2, par. 1301
    720 ILCS 570/302from Ch. 56 1/2, par. 1302
    720 ILCS 570/303from Ch. 56 1/2, par. 1303
    720 ILCS 570/303.05
    720 ILCS 570/303.1from Ch. 56 1/2, par. 1303.1
    720 ILCS 570/304from Ch. 56 1/2, par. 1304
    720 ILCS 570/305from Ch. 56 1/2, par. 1305
    720 ILCS 570/306from Ch. 56 1/2, par. 1306
    720 ILCS 570/309from Ch. 56 1/2, par. 1309
    720 ILCS 570/311.5 new
    720 ILCS 570/312from Ch. 56 1/2, par. 1312
    720 ILCS 570/313from Ch. 56 1/2, par. 1313
    720 ILCS 570/314.5 new
    720 ILCS 570/316
    720 ILCS 570/317
    720 ILCS 570/318
    720 ILCS 570/319
    720 ILCS 570/320
    720 ILCS 570/405from Ch. 56 1/2, par. 1405
    720 ILCS 570/405.1from Ch. 56 1/2, par. 1405.1
    720 ILCS 570/406from Ch. 56 1/2, par. 1406
    720 ILCS 570/408from Ch. 56 1/2, par. 1408
    720 ILCS 570/410from Ch. 56 1/2, par. 1410
    720 ILCS 570/411.2from Ch. 56 1/2, par. 1411.2
    720 ILCS 570/413from Ch. 56 1/2, par. 1413
    720 ILCS 570/501from Ch. 56 1/2, par. 1501
    720 ILCS 570/501.1from Ch. 56 1/2, par. 1501.1
    720 ILCS 570/503from Ch. 56 1/2, par. 1503
    720 ILCS 570/504from Ch. 56 1/2, par. 1504
    720 ILCS 570/505from Ch. 56 1/2, par. 1505
    720 ILCS 570/507from Ch. 56 1/2, par. 1507
    720 ILCS 570/507.2 new
    720 ILCS 570/510
    720 ILCS 570/217 rep.
    720 ILCS 570/314 rep.
    720 ILCS 570/315 rep.
    720 ILCS 570/321 rep.