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Public Act 099-0585


 

Public Act 0585 99TH GENERAL ASSEMBLY



 


 
Public Act 099-0585
 
SB0210 EnrolledLRB099 03370 RLC 23378 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Bath
Salts Prohibition Act.
 
    Section 5. Findings. The General Assembly finds the
following:
    (1) Synthetic cathinones, currently a Schedule I
controlled substance under State and federal law, are often
labeled, marketed, and sold as various products: most notably,
"bath salts", but also "plant food", "jewelry cleaner", "phone
screen cleaner", and "carpet deodorizer".
    (2) Unlike traditional cosmetic bath salts, which are made
to be added to bath water, toxic bath salt products have no
legitimate use for bathing and are produced specifically for
recreational drug abusers as substitutes for cocaine, ecstasy
(MDMA), and amphetamines.
    (3) Bath salt products are commonly sold online as well as
at drug paraphernalia stores commonly known as "head" shops,
tobacco shops, convenience stores, adult book stores, gas
stations, and truck stops.
    (4) The abuse of synthetic stimulant drugs known as "bath
salts" has become a major public health threat across the
United States.
    (5) Case reports and clinical studies have shown that the
use of synthetic cathinones can cause severe psychiatric
symptoms and possibly death.
    (6) Forty-four states have passed laws prohibiting
synthetic cathinones.
 
    Section 10. Purpose. The purpose of this Act is to ban the
sale of all synthetic cathinones sold under the disguise of
legitimate products such as "bath salts" and other various
labels in this State in order to protect the health and public
safety of residents of this State.
 
    Section 15. Definitions. As used in this Act:
    "Bath salts" means any synthetic or natural material
containing any quantity of a cathinone chemical structure,
including any analogs, salts, isomers, or salts of isomers of
any synthetic or natural material containing a cathinone
chemical structure. This includes, but is not limited to,
synthetic cathinones as defined in subsection (h) of Section
204 of the Illinois Controlled Substances Act, and any related
"controlled substance analog" as defined in Section 402 of the
Illinois Controlled Substances Act, regardless of how the
product is labeled or marketed.
    "Person" means any natural person, individual,
corporation, unincorporated association, proprietorship, firm,
partnership, joint venture, joint stock association, or any
other business organization or entity.
    "Retail mercantile establishment" has the meaning ascribed
to it in Section 16-0.1 of the Criminal Code of 2012.
 
    Section 20. Prohibition. A person may not sell or offer
for sale any bath salts in a retail mercantile establishment
located within this State.
 
    Section 25. Penalties. Any person who violates this Act is
guilty of a Class 3 felony for which a fine of not more than
$150,000 may be imposed. In addition to any other penalty that
may be imposed for a violation of this Act, the unit of local
government that issued a retailer's license for the retail
mercantile establishment whose merchant violated this Act may
revoke the retailer's license of that retail mercantile
establishment upon conviction for a violation of this Act.
 
    Section 105. The Illinois Controlled Substances Act is
amended by changing Section 401 as follows:
 
    (720 ILCS 570/401)  (from Ch. 56 1/2, par. 1401)
    Sec. 401. Manufacture or delivery, or possession with
intent to manufacture or deliver, a controlled substance, a
counterfeit substance, or controlled substance analog. Except
as authorized by this Act, it is unlawful for any person
knowingly to manufacture or deliver, or possess with intent to
manufacture or deliver, a controlled substance other than
methamphetamine and other than bath salts as defined in the
Bath Salts Prohibition Act sold or offered for sale in a retail
mercantile establishment as defined in Section 16-0.1 of the
Criminal Code of 2012, a counterfeit substance, or a controlled
substance analog. A violation of this Act with respect to each
of the controlled substances listed herein constitutes a single
and separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance, other than a controlled substance, that has a
chemical structure substantially similar to that of a
controlled substance in Schedule I or II, or that was
specifically designed to produce an effect substantially
similar to that of a controlled substance in Schedule I or II.
Examples of chemical classes in which controlled substance
analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines,
morphinans, ecgonines, quinazolinones, substituted indoles,
and arylcycloalkylamines. For purposes of this Act, a
controlled substance analog shall be treated in the same manner
as the controlled substance to which it is substantially
similar.
    (a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class X felony and shall be sentenced
to a term of imprisonment as provided in this subsection (a)
and fined as provided in subsection (b):
        (1) (A) not less than 6 years and not more than 30
        years with respect to 15 grams or more but less than
        100 grams of a substance containing heroin, or an
        analog thereof;
            (B) not less than 9 years and not more than 40
        years with respect to 100 grams or more but less than
        400 grams of a substance containing heroin, or an
        analog thereof;
            (C) not less than 12 years and not more than 50
        years with respect to 400 grams or more but less than
        900 grams of a substance containing heroin, or an
        analog thereof;
            (D) not less than 15 years and not more than 60
        years with respect to 900 grams or more of any
        substance containing heroin, or an analog thereof;
        (1.5) (A) not less than 6 years and not more than 30
        years with respect to 15 grams or more but less than
        100 grams of a substance containing fentanyl, or an
        analog thereof;
            (B) not less than 9 years and not more than 40
        years with respect to 100 grams or more but less than
        400 grams of a substance containing fentanyl, or an
        analog thereof;
            (C) not less than 12 years and not more than 50
        years with respect to 400 grams or more but less than
        900 grams of a substance containing fentanyl, or an
        analog thereof;
            (D) not less than 15 years and not more than 60
        years with respect to 900 grams or more of a substance
        containing fentanyl, or an analog thereof;
        (2) (A) not less than 6 years and not more than 30
        years with respect to 15 grams or more but less than
        100 grams of a substance containing cocaine, or an
        analog thereof;
            (B) not less than 9 years and not more than 40
        years with respect to 100 grams or more but less than
        400 grams of a substance containing cocaine, or an
        analog thereof;
            (C) not less than 12 years and not more than 50
        years with respect to 400 grams or more but less than
        900 grams of a substance containing cocaine, or an
        analog thereof;
            (D) not less than 15 years and not more than 60
        years with respect to 900 grams or more of any
        substance containing cocaine, or an analog thereof;
        (3) (A) not less than 6 years and not more than 30
        years with respect to 15 grams or more but less than
        100 grams of a substance containing morphine, or an
        analog thereof;
            (B) not less than 9 years and not more than 40
        years with respect to 100 grams or more but less than
        400 grams of a substance containing morphine, or an
        analog thereof;
            (C) not less than 12 years and not more than 50
        years with respect to 400 grams or more but less than
        900 grams of a substance containing morphine, or an
        analog thereof;
            (D) not less than 15 years and not more than 60
        years with respect to 900 grams or more of a substance
        containing morphine, or an analog thereof;
        (4) 200 grams or more of any substance containing
    peyote, or an analog thereof;
        (5) 200 grams or more of any substance containing a
    derivative of barbituric acid or any of the salts of a
    derivative of barbituric acid, or an analog thereof;
        (6) 200 grams or more of any substance containing
    amphetamine or any salt of an optical isomer of
    amphetamine, or an analog thereof;
        (6.5) (blank);
        (6.6) (blank);
        (7) (A) not less than 6 years and not more than 30
        years with respect to: (i) 15 grams or more but less
        than 100 grams of a substance containing lysergic acid
        diethylamide (LSD), or an analog thereof, or (ii) 15 or
        more objects or 15 or more segregated parts of an
        object or objects but less than 200 objects or 200
        segregated parts of an object or objects containing in
        them or having upon them any amounts of any substance
        containing lysergic acid diethylamide (LSD), or an
        analog thereof;
            (B) not less than 9 years and not more than 40
        years with respect to: (i) 100 grams or more but less
        than 400 grams of a substance containing lysergic acid
        diethylamide (LSD), or an analog thereof, or (ii) 200
        or more objects or 200 or more segregated parts of an
        object or objects but less than 600 objects or less
        than 600 segregated parts of an object or objects
        containing in them or having upon them any amount of
        any substance containing lysergic acid diethylamide
        (LSD), or an analog thereof;
            (C) not less than 12 years and not more than 50
        years with respect to: (i) 400 grams or more but less
        than 900 grams of a substance containing lysergic acid
        diethylamide (LSD), or an analog thereof, or (ii) 600
        or more objects or 600 or more segregated parts of an
        object or objects but less than 1500 objects or 1500
        segregated parts of an object or objects containing in
        them or having upon them any amount of any substance
        containing lysergic acid diethylamide (LSD), or an
        analog thereof;
            (D) not less than 15 years and not more than 60
        years with respect to: (i) 900 grams or more of any
        substance containing lysergic acid diethylamide (LSD),
        or an analog thereof, or (ii) 1500 or more objects or
        1500 or more segregated parts of an object or objects
        containing in them or having upon them any amount of a
        substance containing lysergic acid diethylamide (LSD),
        or an analog thereof;
        (7.5) (A) not less than 6 years and not more than 30
        years with respect to: (i) 15 grams or more but less
        than 100 grams of a substance listed in paragraph (1),
        (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
        (21), (25), or (26) of subsection (d) of Section 204,
        or an analog or derivative thereof, or (ii) 15 or more
        pills, tablets, caplets, capsules, or objects but less
        than 200 pills, tablets, caplets, capsules, or objects
        containing in them or having upon them any amounts of
        any substance listed in paragraph (1), (2), (2.1),
        (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
        (26) of subsection (d) of Section 204, or an analog or
        derivative thereof;
            (B) not less than 9 years and not more than 40
        years with respect to: (i) 100 grams or more but less
        than 400 grams of a substance listed in paragraph (1),
        (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
        (21), (25), or (26) of subsection (d) of Section 204,
        or an analog or derivative thereof, or (ii) 200 or more
        pills, tablets, caplets, capsules, or objects but less
        than 600 pills, tablets, caplets, capsules, or objects
        containing in them or having upon them any amount of
        any substance listed in paragraph (1), (2), (2.1),
        (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
        (26) of subsection (d) of Section 204, or an analog or
        derivative thereof;
            (C) not less than 12 years and not more than 50
        years with respect to: (i) 400 grams or more but less
        than 900 grams of a substance listed in paragraph (1),
        (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
        (21), (25), or (26) of subsection (d) of Section 204,
        or an analog or derivative thereof, or (ii) 600 or more
        pills, tablets, caplets, capsules, or objects but less
        than 1,500 pills, tablets, caplets, capsules, or
        objects containing in them or having upon them any
        amount of any substance listed in paragraph (1), (2),
        (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
        (25), or (26) of subsection (d) of Section 204, or an
        analog or derivative thereof;
            (D) not less than 15 years and not more than 60
        years with respect to: (i) 900 grams or more of any
        substance listed in paragraph (1), (2), (2.1), (2.2),
        (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
        subsection (d) of Section 204, or an analog or
        derivative thereof, or (ii) 1,500 or more pills,
        tablets, caplets, capsules, or objects containing in
        them or having upon them any amount of a substance
        listed in paragraph (1), (2), (2.1), (2.2), (3),
        (14.1), (19), (20), (20.1), (21), (25), or (26) of
        subsection (d) of Section 204, or an analog or
        derivative thereof;
        (8) 30 grams or more of any substance containing
    pentazocine or any of the salts, isomers and salts of
    isomers of pentazocine, or an analog thereof;
        (9) 30 grams or more of any substance containing
    methaqualone or any of the salts, isomers and salts of
    isomers of methaqualone, or an analog thereof;
        (10) 30 grams or more of any substance containing
    phencyclidine or any of the salts, isomers and salts of
    isomers of phencyclidine (PCP), or an analog thereof;
        (10.5) 30 grams or more of any substance containing
    ketamine or any of the salts, isomers and salts of isomers
    of ketamine, or an analog thereof;
        (10.6) 100 grams or more of any substance containing
    hydrocodone, or any of the salts, isomers and salts of
    isomers of hydrocodone, or an analog thereof;
        (10.7) 100 grams or more of any substance containing
    dihydrocodeinone, or any of the salts, isomers and salts of
    isomers of dihydrocodeinone, or an analog thereof;
        (10.8) 100 grams or more of any substance containing
    dihydrocodeine, or any of the salts, isomers and salts of
    isomers of dihydrocodeine, or an analog thereof;
        (10.9) 100 grams or more of any substance containing
    oxycodone, or any of the salts, isomers and salts of
    isomers of oxycodone, or an analog thereof;
        (11) 200 grams or more of any substance containing any
    other controlled substance classified in Schedules I or II,
    or an analog thereof, which is not otherwise included in
    this subsection.
    (b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not more than $500,000 or the full street value
of the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street value"
shall have the meaning ascribed in Section 110-5 of the Code of
Criminal Procedure of 1963. Any person sentenced with respect
to any other provision of subsection (a), may in addition to
the penalties provided therein, be fined an amount not to
exceed $500,000.
    (b-1) Excluding violations of this Act when the controlled
substance is fentanyl, any person sentenced to a term of
imprisonment with respect to violations of Section 401, 401.1,
405, 405.1, 405.2, or 407, when the substance containing the
controlled substance contains any amount of fentanyl, 3 years
shall be added to the term of imprisonment imposed by the
court, and the maximum sentence for the offense shall be
increased by 3 years.
    (c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
        (1) 1 gram or more but less than 15 grams of any
    substance containing heroin, or an analog thereof;
        (1.5) 1 gram or more but less than 15 grams of any
    substance containing fentanyl, or an analog thereof;
        (2) 1 gram or more but less than 15 grams of any
    substance containing cocaine, or an analog thereof;
        (3) 10 grams or more but less than 15 grams of any
    substance containing morphine, or an analog thereof;
        (4) 50 grams or more but less than 200 grams of any
    substance containing peyote, or an analog thereof;
        (5) 50 grams or more but less than 200 grams of any
    substance containing a derivative of barbituric acid or any
    of the salts of a derivative of barbituric acid, or an
    analog thereof;
        (6) 50 grams or more but less than 200 grams of any
    substance containing amphetamine or any salt of an optical
    isomer of amphetamine, or an analog thereof;
        (6.5) (blank);
        (7) (i) 5 grams or more but less than 15 grams of any
    substance containing lysergic acid diethylamide (LSD), or
    an analog thereof, or (ii) more than 10 objects or more
    than 10 segregated parts of an object or objects but less
    than 15 objects or less than 15 segregated parts of an
    object containing in them or having upon them any amount of
    any substance containing lysergic acid diethylamide (LSD),
    or an analog thereof;
        (7.5) (i) 5 grams or more but less than 15 grams of any
    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
    (14.1), (19), (20), (20.1), (21), (25), or (26) of
    subsection (d) of Section 204, or an analog or derivative
    thereof, or (ii) more than 10 pills, tablets, caplets,
    capsules, or objects but less than 15 pills, tablets,
    caplets, capsules, or objects containing in them or having
    upon them any amount of any substance listed in paragraph
    (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
    (21), (25), or (26) of subsection (d) of Section 204, or an
    analog or derivative thereof;
        (8) 10 grams or more but less than 30 grams of any
    substance containing pentazocine or any of the salts,
    isomers and salts of isomers of pentazocine, or an analog
    thereof;
        (9) 10 grams or more but less than 30 grams of any
    substance containing methaqualone or any of the salts,
    isomers and salts of isomers of methaqualone, or an analog
    thereof;
        (10) 10 grams or more but less than 30 grams of any
    substance containing phencyclidine or any of the salts,
    isomers and salts of isomers of phencyclidine (PCP), or an
    analog thereof;
        (10.5) 10 grams or more but less than 30 grams of any
    substance containing ketamine or any of the salts, isomers
    and salts of isomers of ketamine, or an analog thereof;
        (10.6) 50 grams or more but less than 100 grams of any
    substance containing hydrocodone, or any of the salts,
    isomers and salts of isomers of hydrocodone, or an analog
    thereof;
        (10.7) 50 grams or more but less than 100 grams of any
    substance containing dihydrocodeinone, or any of the
    salts, isomers and salts of isomers of dihydrocodeinone, or
    an analog thereof;
        (10.8) 50 grams or more but less than 100 grams of any
    substance containing dihydrocodeine, or any of the salts,
    isomers and salts of isomers of dihydrocodeine, or an
    analog thereof;
        (10.9) 50 grams or more but less than 100 grams of any
    substance containing oxycodone, or any of the salts,
    isomers and salts of isomers of oxycodone, or an analog
    thereof;
        (11) 50 grams or more but less than 200 grams of any
    substance containing a substance classified in Schedules I
    or II, or an analog thereof, which is not otherwise
    included in this subsection.
    (c-5) (Blank).
    (d) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
containing dihydrocodeinone or dihydrocodeine or classified in
Schedules I or II, or an analog thereof, which is (i) a
narcotic drug, (ii) lysergic acid diethylamide (LSD) or an
analog thereof, (iii) any substance containing amphetamine or
fentanyl or any salt or optical isomer of amphetamine or
fentanyl, or an analog thereof, or (iv) any substance
containing N-Benzylpiperazine (BZP) or any salt or optical
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is
guilty of a Class 2 felony. The fine for violation of this
subsection (d) shall not be more than $200,000.
    (d-5) (Blank).
    (e) Any person who violates this Section with regard to any
other amount of a controlled substance other than
methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a
Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
    (f) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
    (g) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
    (h) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
    (i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of Section
505 of the Federal Food, Drug and Cosmetic Act.
    (j) (Blank).
(Source: P.A. 99-371, eff. 1-1-16.)

Effective Date: 1/1/2017