Public Act 097-0126
 
HB1877 EnrolledLRB097 07741 RLC 47853 b

    AN ACT concerning criminal law.
 
    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 Section 302 as follows:
 
    (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 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;
however, such exemption shall not operate to bar the University
of Illinois from requesting, nor the Department of Financial
and Professional Regulation from issuing, a registration to the
University of Illinois Veterinary Teaching Hospital under this
Act. Neither a request for such registration nor the issuance
of such registration to the University of Illinois shall
operate to otherwise waive or modify the exemption provided in
this subsection (a).
    (b) Persons registered by the Department of 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 is acting in the usual course of his
    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 is acting in the usual course of his
    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 Professional Regulation or the
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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2011