State of Illinois
91st General Assembly
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Public Act 91-0403

HB1278 Enrolled                               LRB9101304RCksB

    AN ACT in relation to 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 102, 401, and 401.5 as follows:

    (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
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 or
research subject by:
         (1)  a practitioner (or, in  his  presence,  by  his
    authorized agent), or
         (2)  the  patient  or research subject at the lawful
    direction of the practitioner.
    (c)  "Agent" means  an  authorized  person  who  acts  on
behalf of or at the direction of a manufacturer, distributor,
or  dispenser.   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) that promotes muscle growth, and includes:
              (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.
    (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 a drug,  substance,  or
immediate  precursor  in  the Schedules of Article II of this
Act.
    (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)  "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  Professional  Regulation" means the
Department  of  Professional  Regulation  of  the  State   of
Illinois or its successor agency.
    (m)  "Depressant" or "stimulant substance" means:
         (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)  "Designated   product"   means  any  narcotic  drug,
amphetamine, phenmetrazine,  methamphetamine,  gluthethimide,
pentazocine  or  cannabis  product  listed in Schedule II and
also means a controlled substance listed in Schedule II which
is  determined  and  designated  by  the  Department  or  its
successor agency to be such a product. A  designated  product
shall only be dispensed upon an official prescription blank.
    (o)  "Director"  means  the Director of the Department of
State Police or the Department of Professional Regulation  or
his 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.
    (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 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    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,
         (5)  unusual  geographic  distances between patient,
    pharmacist and prescriber,
         (6)  consistent prescribing of habit-forming drugs.
    (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.
    (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,  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 own use; or
         (2)  by  a  practitioner,  or  his  authorized agent
    under  his  supervision,  the  preparation,  compounding,
    packaging, or labeling of a controlled substance:
              (a)  as an incident  to  his  administering  or
         dispensing  of  a controlled substance in the course
         of his professional practice; or
              (b)  as  an  incident   to   lawful   research,
         teaching or chemical analysis and not for sale.
    (z-1)  "Methamphetamine manufacturing chemical" means any
of  the  following  chemicals or substances containing any of
the following chemicals:  benzyl  methyl  ketone,  ephedrine,
methyl  benzyl  ketone, phenylacetone, phenyl-2-propanone, or
pseudoephedrine or any of  the  salts,  optical  isomers,  or
salts of optical isomers of the above-listed chemicals.
    (aa)  "Narcotic drug" means any of the following, whether
produced 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:
         (1)  opium  and  opiate,  and  any  salt,  compound,
    derivative, or preparation of opium or opiate;
         (2)  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 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).
    (bb)  "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
    (cc)  "Official prescription blanks" means the triplicate
prescription  forms supplied to prescribers by the Department
for prescribing Schedule  II  Designated  Product  controlled
substances.
    (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.
    (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
certificate of registration as  a  registered  pharmacist,  a
local   registered   pharmacist  or  a  registered  assistant
pharmacist under the Pharmacy Practice Act of 1987.
    (ii)  "Pharmacy" means any store, ship or other place  in
which  pharmacy  is  authorized  to  be  practiced  under the
Pharmacy Practice Act of 1987.
    (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, 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.
    (mm)  "Prescriber" means a physician licensed to practice
medicine   in   all  its  branches,  dentist,  podiatrist  or
veterinarian who issues a prescription, a physician assistant
who issues a prescription  for  a  Schedule  III,  IV,  or  V
controlled  substance  in  accordance with Section 303.05 and
the written guidelines required  under  Section  7.5  of  the
Physician  Assistant  Practice  Act  of  1987, or an advanced
practice nurse with prescriptive authority in accordance with
Section 303.05 and a written  collaborative  agreement  under
Sections 15-15 and 15-20 of the Nursing and Advanced Practice
Nursing Act.
    (nn)  "Prescription"  means  a lawful written, facsimile,
or verbal order of a physician licensed to practice  medicine
in  all its branches, dentist, podiatrist or veterinarian for
any controlled substance, of  a  physician  assistant  for  a
Schedule  III,  IV,  or  V controlled substance in accordance
with Section 303.05 and the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of  1987,
or  of  an  advanced practice nurse who issues a prescription
for  a  Schedule  III,  IV,  or  V  controlled  substance  in
accordance with Section 303.05 and  a  written  collaborative
agreement  under  Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act.
    (oo)  "Production"  or   "produce"   means   manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
    (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.
    (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.
    (ss)  "Ultimate  user"  means  a  person   who   lawfully
possesses  a  controlled substance for his own use or for the
use of a member of his household or for administering  to  an
animal owned by him or by a member of his household.
(Source:  P.A.  89-202,  eff.  10-1-95;  89-507, eff. 7-1-97;
90-116, eff. 7-14-97;  90-742,  eff.  8-13-98;  90-818,  eff.
3-23-99.)

    (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
    Sec.  401.  Except  as  authorized  by  this  Act,  it is
unlawful for any person  knowingly  to:  (i)  manufacture  or
deliver,  or possess with intent to manufacture or deliver, a
controlled or counterfeit substance or  controlled  substance
analog  or  (ii)  possess  any  methamphetamine manufacturing
chemical listed in paragraph (z-1) of Section  102  with  the
intent  to  manufacture  methamphetamine  or  the  salt of an
optical isomer of methamphetamine or  an  analog  thereof.  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
which  is  intended  for  human  consumption,  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), (c-5), (d), (d-5), (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;

         (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) (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
         methamphetamine or any salt of an optical isomer  of
         methamphetamine, or an analog thereof;
              (B)  not less than 6 years and not more than 40
         years  with  respect  to  100 grams or more but less
         than   400   grams   of   a   substance   containing
         methamphetamine or any salt of an optical isomer  of
         methamphetamine, or an analog thereof;
              (C)  not less than 6 years and not more than 50
         years  with  respect  to  400 grams or more but less
         than   900   grams   of   a   substance   containing
         methamphetamine or any salt of an optical isomer  of
         methamphetamine, or an analog thereof;
              (D)  not less than 6 years and not more than 60
         years  with  respect  to  900  grams  or more of any
         substance containing methamphetamine or any salt  of
         an  optical  isomer of methamphetamine, or an analog
         thereof.
         (6.6) (A) not less than 6 years and not more than 30
         years for  the  possession  of  any  methamphetamine
         manufacturing  chemical set forth in paragraph (z-1)
         of Section 102 with intent to manufacture  30  grams
         or  more  but  less  than 150 grams of any substance
         containing methamphetamine, or salt of  any  optical
         isomer of methamphetamine, or an analog thereof;
              (B)  not less than 6 years and not more than 40
         years  for  the  possession  of  any methamphetamine
         manufacturing chemical set forth in paragraph  (z-1)
         of  Section 102 with intent to manufacture 150 grams
         or more but less than 500  grams  of  any  substance
         containing  methamphetamine,  or  salt of an optical
         isomer of methamphetamine, or an analog thereof;
              (C)  not less than 6 years and not more than 50
         years for  the  possession  of  any  methamphetamine
         manufacturing  chemical set forth in paragraph (z-1)
         of Section 102 with intent to manufacture 500  grams
         or  more  but  less than 1200 grams of any substance
         containing methamphetamine, or salt  of  an  optical
         isomer of methamphetamine, or an analog thereof;
              (D)  not less than 6 years and not more than 60
         years  for  the  possession  of  any methamphetamine
         manufacturing chemical set forth in paragraph  (z-1)
         of Section 102 with intent to manufacture 1200 grams
         or more of any substance containing methamphetamine,
         or  salt of an optical isomer of methamphetamine, or
         an analog thereof;
         (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;
         (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;
         (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), (6.5), (6.6), or (7)  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.
    (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)  10 or more grams but less than 15 grams of  any
    substance containing heroin, 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)  5 grams or more but less than 15 grams of any
    substance  containing  methamphetamine  or  any  salt  or
    optical isomer of methamphetamine, or an analog thereof;
         (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;
         (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;
         (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)  Any  person  who violates this Section with regard
to possession of any methamphetamine  manufacturing  chemical
set  forth  in  paragraph (z-1) of Section 102 with intent to
manufacture 15 grams or  more  but  less  than  30  grams  of
methamphetamine,   or   salt   of   an   optical   isomer  of
methamphetamine or any analog thereof, is guilty of a Class 1
felony.  The fine for  violation  of  this  subsection  (c-5)
shall not be more than $250,000.
    (d)  Any  person who violates this Section with regard to
any other amount of a  controlled  or  counterfeit  substance
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,  or  (iii)  any  substance  containing
methamphetamine   or   any   salt   or   optical   isomer  of
methamphetamine, 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)  Any  person  who violates this Section with regard
to possession of any methamphetamine  manufacturing  chemical
set  forth  in  paragraph (z-1) of Section 102 with intent to
manufacture less than 15 grams of methamphetamine, or salt of
an optical isomer of methamphetamine or any  analog  thereof,
is  guilty  of  a  Class 2 felony.  The fine for violation of
this subsection (d-5) shall not be more than $200,000.
    (e)  Any person who violates this Section with regard  to
any  other  amount  of  a controlled 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.
(Source: P.A. 89-404, eff.  8-20-95;  90-382,  eff.  8-15-97;
90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)

    (720 ILCS 570/401.5)
    Sec.  401.5.   Chemical  breakdown  of illicit controlled
substance.
    (a)  It is unlawful  for  any  person  to  manufacture  a
controlled  substance  prohibited  by  this Act by chemically
deriving the controlled substance  from  one  or  more  other
controlled substances prohibited by this Act.
    (a-5)  It  is  unlawful  for  any  person  to possess any
substance with the intent to use the substance to  facilitate
the manufacture of any controlled or counterfeit substance or
controlled  substance analog other than as authorized by this
Act.
    (b)  A violation of this Section is a Class 4 felony.
    (c)  This Section does not apply to  the  manufacture  of
methamphetamine  or  to the possession of any methamphetamine
manufacturing  chemicals  with  the  intent  to   manufacture
methamphetamine   or   any  salt  of  an  optical  isomer  of
methamphetamine, or an analog of methamphetamine.
(Source: P.A. 90-775, eff. 1-1-99.)

    Section  99.  Effective  date.   This  Act  takes  effect
January 1, 2000.

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