|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2089 Introduced 2/9/2023, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: |
| 720 ILCS 570/204 | from Ch. 56 1/2, par. 1204 | 720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 |
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Amends the Illinois Controlled Substances Act. Adds xylazine as a Schedule I controlled substance. Provides for penalties for the knowing manufacture or delivery, or possession with intent to
manufacture or deliver xylazine.
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| | A BILL FOR |
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| | SB2089 | | LRB103 27669 RLC 57233 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Controlled Substances Act is |
5 | | amended by changing Sections 204 and 401 as follows: |
6 | | (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204) |
7 | | Sec. 204. (a) The controlled substances listed in this |
8 | | Section are
included in Schedule I. |
9 | | (b) Unless specifically excepted or unless listed in |
10 | | another
schedule, any of the following opiates, including |
11 | | their isomers,
esters, ethers, salts, and salts of isomers, |
12 | | esters, and ethers,
whenever the existence of such isomers, |
13 | | esters, ethers and salts is
possible within the specific |
14 | | chemical designation: |
15 | | (1) Acetylmethadol; |
16 | | (1.1) Acetyl-alpha-methylfentanyl |
17 | | (N-[1-(1-methyl-2-phenethyl)-
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18 | | 4-piperidinyl]-N-phenylacetamide); |
19 | | (2) Allylprodine; |
20 | | (3) Alphacetylmethadol, except
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21 | | levo-alphacetylmethadol (also known as levo-alpha-
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22 | | acetylmethadol, levomethadyl acetate, or LAAM); |
23 | | (4) Alphameprodine; |
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| | SB2089 | - 3 - | LRB103 27669 RLC 57233 b |
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1 | | (20) Dimethylthiambutene; |
2 | | (21) Dioxaphetylbutyrate; |
3 | | (22) Dipipanone; |
4 | | (23) Ethylmethylthiambutene; |
5 | | (24) Etonitazene; |
6 | | (25) Etoxeridine; |
7 | | (26) Furethidine; |
8 | | (27) Hydroxpethidine; |
9 | | (28) Ketobemidone; |
10 | | (29) Levomoramide; |
11 | | (30) Levophenacylmorphan; |
12 | | (31) 3-Methylfentanyl
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13 | | (N-[3-methyl-1-(2-phenylethyl)-
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14 | | 4-piperidyl]-N-phenylpropanamide); |
15 | | (31.1) 3-Methylthiofentanyl
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16 | | (N-[(3-methyl-1-(2-thienyl)ethyl-
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17 | | 4-piperidinyl]-N-phenylpropanamide); |
18 | | (32) Morpheridine; |
19 | | (33) Noracymethadol; |
20 | | (34) Norlevorphanol; |
21 | | (35) Normethadone; |
22 | | (36) Norpipanone; |
23 | | (36.1) Para-fluorofentanyl
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24 | | (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
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25 | | 4-piperidinyl]propanamide); |
26 | | (37) Phenadoxone; |
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| | SB2089 | - 5 - | LRB103 27669 RLC 57233 b |
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1 | | benzenesulfonamide (W-18); |
2 | | (56) 4-chloro-N-[1-(2-phenylethyl)
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3 | | -2-piperidinylidene]-benzenesulfonamide (W-15); |
4 | | (57) acrylfentanyl (acryloylfentanyl). |
5 | | (c) Unless specifically excepted or unless listed in |
6 | | another
schedule, any of the following opium derivatives, its |
7 | | salts, isomers
and salts of isomers, whenever the existence of |
8 | | such salts, isomers and
salts of isomers is possible within |
9 | | the specific chemical designation: |
10 | | (1) Acetorphine; |
11 | | (2) Acetyldihydrocodeine; |
12 | | (3) Benzylmorphine; |
13 | | (4) Codeine methylbromide; |
14 | | (5) Codeine-N-Oxide; |
15 | | (6) Cyprenorphine; |
16 | | (7) Desomorphine; |
17 | | (8) Diacetyldihydromorphine (Dihydroheroin); |
18 | | (9) Dihydromorphine; |
19 | | (10) Drotebanol; |
20 | | (11) Etorphine (except hydrochloride salt); |
21 | | (12) Heroin; |
22 | | (13) Hydromorphinol; |
23 | | (14) Methyldesorphine; |
24 | | (15) Methyldihydromorphine; |
25 | | (16) Morphine methylbromide; |
26 | | (17) Morphine methylsulfonate; |
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| | SB2089 | - 6 - | LRB103 27669 RLC 57233 b |
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1 | | (18) Morphine-N-Oxide; |
2 | | (19) Myrophine; |
3 | | (20) Nicocodeine; |
4 | | (21) Nicomorphine; |
5 | | (22) Normorphine; |
6 | | (23) Pholcodine; |
7 | | (24) Thebacon. |
8 | | (d) Unless specifically excepted or unless listed in |
9 | | another
schedule, any material, compound, mixture, or |
10 | | preparation which contains
any quantity of the following |
11 | | hallucinogenic substances, or which
contains any of its salts, |
12 | | isomers and salts of isomers, whenever the
existence of such |
13 | | salts, isomers, and salts of isomers is possible
within the |
14 | | specific chemical designation (for the purposes of this
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15 | | paragraph only, the term "isomer" includes the optical, |
16 | | position and
geometric isomers): |
17 | | (1) 3,4-methylenedioxyamphetamine
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18 | | (alpha-methyl,3,4-methylenedioxyphenethylamine,
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19 | | methylenedioxyamphetamine, MDA); |
20 | | (1.1) Alpha-ethyltryptamine
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21 | | (some trade or other names: etryptamine;
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22 | | MONASE; alpha-ethyl-1H-indole-3-ethanamine;
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23 | | 3-(2-aminobutyl)indole; a-ET; and AET); |
24 | | (2) 3,4-methylenedioxymethamphetamine (MDMA); |
25 | | (2.1) 3,4-methylenedioxy-N-ethylamphetamine
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26 | | (also known as: N-ethyl-alpha-methyl-
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| | SB2089 | - 7 - | LRB103 27669 RLC 57233 b |
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1 | | 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
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2 | | and MDEA); |
3 | | (2.2) N-Benzylpiperazine (BZP); |
4 | | (2.2-1) Trifluoromethylphenylpiperazine (TFMPP); |
5 | | (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); |
6 | | (4) 3,4,5-trimethoxyamphetamine (TMA); |
7 | | (5) (Blank); |
8 | | (6) Diethyltryptamine (DET); |
9 | | (7) Dimethyltryptamine (DMT); |
10 | | (7.1) 5-Methoxy-diallyltryptamine; |
11 | | (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP); |
12 | | (9) Ibogaine (some trade and other names:
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13 | | 7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
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14 | | 6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
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15 | | indole; Tabernanthe iboga); |
16 | | (10) Lysergic acid diethylamide; |
17 | | (10.1) Salvinorin A; |
18 | | (10.5) Salvia divinorum (meaning all parts of the |
19 | | plant presently classified
botanically as Salvia |
20 | | divinorum, whether growing or not, the
seeds thereof, any |
21 | | extract from any part of that plant, and every compound,
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22 | | manufacture, salts, isomers, and salts of
isomers whenever |
23 | | the existence of such salts, isomers, and salts of
isomers |
24 | | is possible within the specific chemical designation, |
25 | | derivative, mixture, or preparation of that plant, its
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26 | | seeds or extracts);
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| | SB2089 | - 8 - | LRB103 27669 RLC 57233 b |
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1 | | (11) 3,4,5-trimethoxyphenethylamine (Mescaline); |
2 | | (12) Peyote (meaning all parts of the plant presently |
3 | | classified
botanically as Lophophora williamsii
Lemaire, |
4 | | whether growing or not, the
seeds thereof, any extract |
5 | | from any part of that plant, and every compound,
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6 | | manufacture, salts, derivative, mixture, or preparation of |
7 | | that plant, its
seeds or extracts); |
8 | | (13) N-ethyl-3-piperidyl benzilate (JB 318); |
9 | | (14) N-methyl-3-piperidyl benzilate; |
10 | | (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
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11 | | (also known as N-hydroxy-alpha-methyl-
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12 | | 3,4(methylenedioxy)phenethylamine and N-hydroxy MDA); |
13 | | (15) Parahexyl; some trade or other names:
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14 | | 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
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15 | | dibenzo (b,d) pyran; Synhexyl; |
16 | | (16) Psilocybin; |
17 | | (17) Psilocyn; |
18 | | (18) Alpha-methyltryptamine (AMT); |
19 | | (19) 2,5-dimethoxyamphetamine
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20 | | (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); |
21 | | (20) 4-bromo-2,5-dimethoxyamphetamine
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22 | | (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
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23 | | 4-bromo-2,5-DMA); |
24 | | (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
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25 | | Some trade or other names: 2-(4-bromo-
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26 | | 2,5-dimethoxyphenyl)-1-aminoethane;
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| | SB2089 | - 9 - | LRB103 27669 RLC 57233 b |
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1 | | alpha-desmethyl DOB, 2CB, Nexus; |
2 | | (21) 4-methoxyamphetamine
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3 | | (4-methoxy-alpha-methylphenethylamine;
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4 | | paramethoxyamphetamine; PMA); |
5 | | (22) (Blank); |
6 | | (23) Ethylamine analog of phencyclidine.
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7 | | Some trade or other names:
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8 | | N-ethyl-1-phenylcyclohexylamine,
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9 | | (1-phenylcyclohexyl) ethylamine,
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10 | | N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE; |
11 | | (24) Pyrrolidine analog of phencyclidine. Some trade |
12 | | or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, |
13 | | PHP; |
14 | | (25) 5-methoxy-3,4-methylenedioxy-amphetamine; |
15 | | (26) 2,5-dimethoxy-4-ethylamphetamine
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16 | | (another name: DOET); |
17 | | (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
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18 | | (another name: TCPy); |
19 | | (28) (Blank); |
20 | | (29) Thiophene analog of phencyclidine (some trade
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21 | | or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
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22 | | 2-thienyl analog of phencyclidine; TPCP; TCP); |
23 | | (29.1) Benzothiophene analog of phencyclidine. Some |
24 | | trade or other names: BTCP or benocyclidine; |
25 | | (29.2) 3-Methoxyphencyclidine (3-MeO-PCP); |
26 | | (30) Bufotenine (some trade or other names:
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| | SB2089 | - 10 - | LRB103 27669 RLC 57233 b |
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1 | | 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
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2 | | 3-(2-dimethylaminoethyl)-5-indolol;
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3 | | 5-hydroxy-N,N-dimethyltryptamine;
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4 | | N,N-dimethylserotonin; mappine); |
5 | | (31) (Blank); |
6 | | (32) (Blank); |
7 | | (33) (Blank); |
8 | | (34) (Blank); |
9 | | (34.5) (Blank); |
10 | | (35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- |
11 | | (2-methyloctan-2-yl)-6a,7, |
12 | | 10,10a-tetrahydrobenzo[c]chromen-1-ol |
13 | | Some trade or other names: HU-210; |
14 | | (35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6- |
15 | | dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- |
16 | | tetrahydrobenzo[c]chromen-1-ol, its isomers, |
17 | | salts, and salts of isomers; Some trade or other |
18 | | names: HU-210, Dexanabinol; |
19 | | (36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)- |
20 | | 6,6-dimethyl-3-(2-methyloctan-2-yl)- |
21 | | 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol |
22 | | Some trade or other names: HU-211; |
23 | | (37) (Blank); |
24 | | (38) (Blank); |
25 | | (39) (Blank); |
26 | | (40) (Blank); |
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| | SB2089 | - 11 - | LRB103 27669 RLC 57233 b |
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1 | | (41) (Blank); |
2 | | (42) Any compound structurally derived from |
3 | | 3-(1-naphthoyl)indole or |
4 | | 1H-indol-3-yl-(1-naphthyl)methane by substitution at the |
5 | | nitrogen atom of the indole ring by alkyl, haloalkyl, |
6 | | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, |
7 | | alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or |
8 | | 2-(4-morpholinyl)ethyl whether or not further substituted |
9 | | in the indole ring to any extent, whether or not |
10 | | substituted in the naphthyl ring to any extent. Examples |
11 | | of this structural class include, but are not limited to, |
12 | | JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185; |
13 | | (43) Any compound structurally derived from |
14 | | 3-(1-naphthoyl)pyrrole by substitution at the nitrogen |
15 | | atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, |
16 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
17 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
18 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
19 | | in the pyrrole ring to any extent, whether or not |
20 | | substituted in the naphthyl ring to any extent. Examples |
21 | | of this structural class include, but are not limited to, |
22 | | JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; |
23 | | (44) Any compound structurally derived from |
24 | | 1-(1-naphthylmethyl)indene by substitution at the |
25 | | 3-position of the indene ring by alkyl, haloalkyl, |
26 | | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, |
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| | SB2089 | - 12 - | LRB103 27669 RLC 57233 b |
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1 | | alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or |
2 | | 2-(4-morpholinyl)ethyl whether or not further substituted |
3 | | in the indene ring to any extent, whether or not |
4 | | substituted in the naphthyl ring to any extent. Examples |
5 | | of this structural class include, but are not limited to, |
6 | | JWH-176; |
7 | | (45) Any compound structurally derived from |
8 | | 3-phenylacetylindole by substitution at the nitrogen atom |
9 | | of the indole ring with alkyl, haloalkyl, alkenyl, |
10 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
11 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
12 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
13 | | in the indole ring to any extent, whether or not |
14 | | substituted in the phenyl ring to any extent. Examples of |
15 | | this structural class include, but are not limited to, |
16 | | JWH-167, JWH-250, JWH-251, and RCS-8; |
17 | | (46) Any compound structurally derived from |
18 | | 2-(3-hydroxycyclohexyl)phenol by substitution at the |
19 | | 5-position of the phenolic ring by alkyl, haloalkyl, |
20 | | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, |
21 | | alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or |
22 | | 2-(4-morpholinyl)ethyl, whether or not substituted in the |
23 | | cyclohexyl ring to any extent. Examples of this structural |
24 | | class include, but are not limited to, CP 47, 497 and its |
25 | | C8 homologue (cannabicyclohexanol); |
26 | | (46.1) Any compound structurally derived from |
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| | SB2089 | - 13 - | LRB103 27669 RLC 57233 b |
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1 | | 3-(benzoyl) indole with substitution at the nitrogen atom |
2 | | of the indole ring by an alkyl, haloalkyl, alkenyl, |
3 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
4 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
5 | | 2-(4-morpholinyl)ethyl group whether or not further |
6 | | substituted in the indole ring to any extent and whether |
7 | | or not substituted in the phenyl ring to any extent. |
8 | | Examples of this structural class include, but are not |
9 | | limited to, AM-630, AM-2233, AM-694, Pravadoline (WIN |
10 | | 48,098), and RCS-4; |
11 | | (47) (Blank); |
12 | | (48) (Blank); |
13 | | (49) (Blank); |
14 | | (50) (Blank); |
15 | | (51) (Blank); |
16 | | (52) (Blank); |
17 | | (53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine. |
18 | | Some trade or other names: 2C-T-7; |
19 | | (53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some |
20 | | trade or other names: 2C-E; |
21 | | (53.2) 2,5-dimethoxy-4-methylphenethylamine. Some |
22 | | trade or other names: 2C-D; |
23 | | (53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some |
24 | | trade or other names: 2C-C; |
25 | | (53.4) 4-iodo-2,5-dimethoxyphenethylamine. Some trade |
26 | | or other names: 2C-I; |
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| | SB2089 | - 14 - | LRB103 27669 RLC 57233 b |
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1 | | (53.5) 4-ethylthio-2,5-dimethoxyphenethylamine. Some |
2 | | trade or other names: 2C-T-2; |
3 | | (53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine. |
4 | | Some trade or other names: 2C-T-4; |
5 | | (53.7) 2,5-dimethoxyphenethylamine. Some trade or |
6 | | other names: 2C-H; |
7 | | (53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some |
8 | | trade or other names: 2C-N; |
9 | | (53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine. Some |
10 | | trade or other names: 2C-P; |
11 | | (53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine. |
12 | | Some trade or other names: 2C-G; |
13 | | (53.11) The N-(2-methoxybenzyl) derivative of any 2C |
14 | | phenethylamine referred to in subparagraphs (20.1), (53), |
15 | | (53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7), |
16 | | (53.8), (53.9), and (53.10) including, but not limited to, |
17 | | 25I-NBOMe and 25C-NBOMe; |
18 | | (54) 5-Methoxy-N,N-diisopropyltryptamine; |
19 | | (55) (Blank); |
20 | | (56) (Blank); |
21 | | (57) (Blank); |
22 | | (58) (Blank); |
23 | | (59) 3-cyclopropoylindole with substitution at the |
24 | | nitrogen atom of the indole ring by alkyl, haloalkyl, |
25 | | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, |
26 | | alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or |
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| | SB2089 | - 15 - | LRB103 27669 RLC 57233 b |
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1 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
2 | | on the indole ring to any extent, whether or not |
3 | | substituted on the cyclopropyl ring to any extent: |
4 | | including, but not limited to, XLR11, UR144, FUB-144; |
5 | | (60) 3-adamantoylindole with substitution at the |
6 | | nitrogen atom of the indole ring by alkyl, haloalkyl, |
7 | | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, |
8 | | alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or |
9 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
10 | | on the indole ring to any extent, whether or not |
11 | | substituted on the adamantyl ring to any extent: |
12 | | including, but not limited to, AB-001; |
13 | | (61) N-(adamantyl)-indole-3-carboxamide with |
14 | | substitution at the nitrogen atom of the indole ring by |
15 | | alkyl, haloalkyl, alkenyl, cycloalkylmethyl, |
16 | | cycloalkylethyl, aryl halide, alkyl aryl halide, |
17 | | 1-(N-methyl-2-piperidinyl)methyl, or |
18 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
19 | | on the indole ring to any extent, whether or not |
20 | | substituted on the adamantyl ring to any extent: |
21 | | including, but not limited to, APICA/2NE-1, STS-135; |
22 | | (62) N-(adamantyl)-indazole-3-carboxamide with |
23 | | substitution at a nitrogen atom of the indazole ring by |
24 | | alkyl, haloalkyl, alkenyl, cycloalkylmethyl, |
25 | | cycloalkylethyl, aryl halide, alkyl aryl halide, |
26 | | 1-(N-methyl-2-piperidinyl)methyl, or |
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| | SB2089 | - 16 - | LRB103 27669 RLC 57233 b |
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1 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
2 | | on the indazole ring to any extent, whether or not |
3 | | substituted on the adamantyl ring to any extent: |
4 | | including, but not limited to, AKB48, 5F-AKB48; |
5 | | (63) 1H-indole-3-carboxylic acid 8-quinolinyl ester |
6 | | with substitution at the nitrogen atom of the indole ring |
7 | | by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, |
8 | | cycloalkylethyl, aryl halide, alkyl aryl halide, |
9 | | 1-(N-methyl-2-piperidinyl)methyl, or |
10 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
11 | | on the indole ring to any extent, whether or not |
12 | | substituted on the quinoline ring to any extent: |
13 | | including, but not limited to, PB22, 5F-PB22, FUB-PB-22; |
14 | | (64) 3-(1-naphthoyl)indazole with substitution at the |
15 | | nitrogen atom of the indazole ring by alkyl, haloalkyl, |
16 | | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, |
17 | | alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or |
18 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
19 | | on the indazole ring to any extent, whether or not |
20 | | substituted on the naphthyl ring to any extent: including, |
21 | | but not limited to, THJ-018, THJ-2201; |
22 | | (65) 2-(1-naphthoyl)benzimidazole with substitution |
23 | | at the nitrogen atom of the benzimidazole ring by alkyl, |
24 | | haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, |
25 | | aryl halide, alkyl aryl halide, |
26 | | 1-(N-methyl-2-piperidinyl)methyl, or |
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| | SB2089 | - 17 - | LRB103 27669 RLC 57233 b |
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1 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
2 | | on the benzimidazole ring to any extent, whether or not |
3 | | substituted on the naphthyl ring to any extent: including, |
4 | | but not limited to, FUBIMINA; |
5 | | (66) |
6 | | N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole- |
7 | | 3-carboxamide with substitution on the nitrogen atom of |
8 | | the indazole ring by alkyl, haloalkyl, alkenyl, |
9 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
10 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
11 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
12 | | on the indazole ring to any extent: including, but not |
13 | | limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA; |
14 | | (67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H- |
15 | | indazole-3-carboxamide with substitution on the nitrogen |
16 | | atom of the indazole ring by alkyl, haloalkyl, alkenyl, |
17 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
18 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
19 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
20 | | on the indazole ring to any extent: including, but not |
21 | | limited to, ADB-PINACA, ADB-FUBINACA; |
22 | | (68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H- |
23 | | indole-3-carboxamide with substitution on the nitrogen |
24 | | atom of the indole ring by alkyl, haloalkyl, alkenyl, |
25 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
26 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
|
| | SB2089 | - 18 - | LRB103 27669 RLC 57233 b |
|
|
1 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
2 | | on the indole ring to any extent: including, but not |
3 | | limited to, ADBICA, 5F-ADBICA; |
4 | | (69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole- |
5 | | 3-carboxamide with substitution on the nitrogen atom of |
6 | | the indole ring by alkyl, haloalkyl, alkenyl, |
7 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
8 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
9 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
10 | | on the indole ring to any extent: including, but not |
11 | | limited to, ABICA, 5F-ABICA; |
12 | | (70) Methyl 2-(1H-indazole-3-carboxamido)-3- |
13 | | methylbutanoate with substitution on the nitrogen atom of |
14 | | the indazole ring by alkyl, haloalkyl, alkenyl, |
15 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl |
16 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
17 | | 2-(4-morpholinyl)ethyl, whether or not further substituted |
18 | | on the indazole ring to any extent: including, but not |
19 | | limited to, AMB, 5F-AMB; |
20 | | (71) Methyl 2-(1H-indazole-3-carboxamido)-3,3- |
21 | | dimethylbutanoate with substitution on the nitrogen
atom |
22 | | of the indazole ring by alkyl, haloalkyl, alkenyl,
|
23 | | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
aryl |
24 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
25 | | 2-(4-morpholinyl)ethyl, whether or not further substituted
|
26 | | on the indazole ring to any extent: including, but not
|
|
| | SB2089 | - 19 - | LRB103 27669 RLC 57233 b |
|
|
1 | | limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA; |
2 | | (72) Methyl 2-(1H-indole-3-carboxamido)-3- |
3 | | methylbutanoate with substitution on the nitrogen atom
of |
4 | | the indole ring by alkyl, haloalkyl, alkenyl,
|
5 | | cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl |
6 | | halide, 1-(N-methyl-2-piperidinyl)methyl,
or |
7 | | 2-(4-morpholinyl)ethyl, whether or not further
substituted |
8 | | on the indazole ring to any extent:
including, but not |
9 | | limited to, MMB018, MMB2201,
and AMB-CHMICA; |
10 | | (73) Methyl 2-(1H-indole-3-carboxamido)-3,3- |
11 | | dimethylbutanoate with substitution
on the nitrogen atom |
12 | | of the indole ring by alkyl,
haloalkyl, alkenyl, |
13 | | cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl |
14 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
15 | | 2-(4-morpholinyl)ethyl,
whether or not further substituted |
16 | | on the
indazole ring to any extent: including, but
not |
17 | | limited to, MDMB-CHMICA; |
18 | | (74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H- |
19 | | indazole-3-carboxamide with
substitution on the nitrogen |
20 | | atom of the indazole
ring by alkyl, haloalkyl, alkenyl, |
21 | | cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl |
22 | | halide,
1-(N-methyl-2-piperidinyl)methyl, or |
23 | | 2-(4-morpholinyl)ethyl, whether or not further
substituted |
24 | | on the indazole ring to any
extent: including, but not |
25 | | limited to, APP-CHMINACA,
5-fluoro-APP-PINACA; |
26 | | (75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole- |
|
| | SB2089 | - 20 - | LRB103 27669 RLC 57233 b |
|
|
1 | | 3-carboxamide with substitution on
the nitrogen atom of |
2 | | the indole ring by alkyl,
haloalkyl, alkenyl, |
3 | | cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl |
4 | | halide, 1-(N-methyl-2-piperidinyl)methyl, or |
5 | | 2-(4-morpholinyl)ethyl,
whether or not further substituted |
6 | | on the indazole
ring to any extent: including, but not |
7 | | limited to,
APP-PICA and 5-fluoro-APP-PICA; |
8 | | (76) 4-Acetoxy-N,N-dimethyltryptamine: trade name |
9 | | 4-AcO-DMT; |
10 | | (77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade |
11 | | name 5-MeO-MIPT; |
12 | | (78) 4-hydroxy Diethyltryptamine (4-HO-DET); |
13 | | (79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET); |
14 | | (80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); |
15 | | (81) 4-hydroxy-N-methyl-N-isopropyltryptamine
|
16 | | (4-HO-MiPT); |
17 | | (82) Fluorophenylpiperazine; |
18 | | (83) Methoxetamine; |
19 | | (84) 1-(Ethylamino)-2-phenylpropan-2-one (iso- |
20 | | ethcathinone). |
21 | | (e) Unless specifically excepted or unless listed in |
22 | | another
schedule, any material, compound, mixture, or |
23 | | preparation which contains
any quantity of the following |
24 | | substances having a depressant effect on
the central nervous |
25 | | system, including its salts, isomers, and salts of
isomers |
26 | | whenever the existence of such salts, isomers, and salts of
|
|
| | SB2089 | - 21 - | LRB103 27669 RLC 57233 b |
|
|
1 | | isomers is possible within the specific chemical designation: |
2 | | (1) mecloqualone; |
3 | | (2) methaqualone; and |
4 | | (3) gamma hydroxybutyric acid ; and |
5 | | (4) xylazine . |
6 | | (f) Unless specifically excepted or unless listed in |
7 | | another schedule,
any material, compound, mixture, or |
8 | | preparation which contains any quantity
of the following |
9 | | substances having a stimulant effect on the central nervous
|
10 | | system, including its salts, isomers, and salts of isomers: |
11 | | (1) Fenethylline; |
12 | | (2) N-ethylamphetamine; |
13 | | (3) Aminorex (some other names:
|
14 | | 2-amino-5-phenyl-2-oxazoline; aminoxaphen;
|
15 | | 4-5-dihydro-5-phenyl-2-oxazolamine) and its
|
16 | | salts, optical isomers, and salts of optical isomers; |
17 | | (4) Methcathinone (some other names:
|
18 | | 2-methylamino-1-phenylpropan-1-one;
|
19 | | Ephedrone; 2-(methylamino)-propiophenone;
|
20 | | alpha-(methylamino)propiophenone; N-methylcathinone;
|
21 | | methycathinone; Monomethylpropion; UR 1431) and its
|
22 | | salts, optical isomers, and salts of optical isomers; |
23 | | (5) Cathinone (some trade or other names:
|
24 | | 2-aminopropiophenone; alpha-aminopropiophenone;
|
25 | | 2-amino-1-phenyl-propanone; norephedrone); |
26 | | (6) N,N-dimethylamphetamine (also known as:
|
|
| | SB2089 | - 22 - | LRB103 27669 RLC 57233 b |
|
|
1 | | N,N-alpha-trimethyl-benzeneethanamine;
|
2 | | N,N-alpha-trimethylphenethylamine); |
3 | | (7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
|
4 | | 4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine); |
5 | | (8) 3,4-Methylenedioxypyrovalerone (MDPV); |
6 | | (9) Halogenated amphetamines and
|
7 | | methamphetamines - any compound derived from either
|
8 | | amphetamine or methamphetamine through the substitution
|
9 | | of a halogen on the phenyl ring, including, but not
|
10 | | limited to, 2-fluoroamphetamine, 3-
|
11 | | fluoroamphetamine and 4-fluoroamphetamine; |
12 | | (10) Aminopropylbenzofuran (APB):
|
13 | | including 4-(2-Aminopropyl) benzofuran, 5-
|
14 | | (2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)
|
15 | | benzofuran, and 7-(2-Aminopropyl) benzofuran; |
16 | | (11) Aminopropyldihydrobenzofuran (APDB):
|
17 | | including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,
|
18 | | 5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,
|
19 | | 6-(2-Aminopropyl)-2,3-dihydrobenzofuran,
|
20 | | and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran; |
21 | | (12) Methylaminopropylbenzofuran
|
22 | | (MAPB): including 4-(2-methylaminopropyl)
|
23 | | benzofuran, 5-(2-methylaminopropyl)benzofuran,
|
24 | | 6-(2-methylaminopropyl)benzofuran
|
25 | | and 7-(2-methylaminopropyl)benzofuran. |
26 | | (g) Temporary listing of substances subject to emergency |
|
| | SB2089 | - 23 - | LRB103 27669 RLC 57233 b |
|
|
1 | | scheduling.
Any material, compound, mixture, or preparation |
2 | | that contains any quantity
of the following substances: |
3 | | (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
|
4 | | (benzylfentanyl), its optical isomers, isomers, salts,
and |
5 | | salts of isomers; |
6 | | (2) N-[1(2-thienyl)
methyl-4-piperidyl]-N- |
7 | | phenylpropanamide (thenylfentanyl),
its optical isomers, |
8 | | salts, and salts of isomers. |
9 | | (h) Synthetic cathinones. Unless specifically excepted, |
10 | | any chemical compound which is not approved by the United |
11 | | States Food and Drug Administration or, if approved, is not |
12 | | dispensed or possessed in accordance with State or federal |
13 | | law, not including bupropion, structurally derived from |
14 | | 2-aminopropan-1-one by substitution at the 1-position with |
15 | | either phenyl, naphthyl, or thiophene ring systems, whether or |
16 | | not the compound is further modified in one or more of the |
17 | | following ways: |
18 | | (1) by substitution in the ring system to any extent |
19 | | with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or |
20 | | halide substituents, whether or not further substituted in |
21 | | the ring system by one or more other univalent |
22 | | substituents. Examples of this class include, but are not |
23 | | limited to, 3,4-Methylenedioxycathinone (bk-MDA); |
24 | | (2) by substitution at the 3-position with an acyclic |
25 | | alkyl substituent. Examples of this class include, but are |
26 | | not limited to, 2-methylamino-1-phenylbutan-1-one |
|
| | SB2089 | - 24 - | LRB103 27669 RLC 57233 b |
|
|
1 | | (buphedrone); or |
2 | | (3) by substitution at the 2-amino nitrogen atom with |
3 | | alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by |
4 | | inclusion of the 2-amino nitrogen atom in a cyclic |
5 | | structure. Examples of this class include, but are not |
6 | | limited to, Dimethylcathinone, Ethcathinone, and |
7 | | a-Pyrrolidinopropiophenone (a-PPP); or |
8 | | Any other synthetic cathinone which is not approved by the |
9 | | United States Food and Drug Administration or, if approved, is |
10 | | not dispensed or possessed in accordance with State or federal |
11 | | law. |
12 | | (i) Synthetic cannabinoids or piperazines. Any synthetic |
13 | | cannabinoid or piperazine which is not approved by the United |
14 | | States Food and Drug Administration or, if approved, which is |
15 | | not dispensed or possessed in accordance with State and |
16 | | federal law. |
17 | | (Source: P.A. 99-371, eff. 1-1-16; 100-201, eff. 8-18-17; |
18 | | 100-368, eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. |
19 | | 8-14-18 .)
|
20 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
|
21 | | Sec. 401. Manufacture or delivery, or possession with |
22 | | intent to
manufacture or deliver, a controlled substance, a |
23 | | counterfeit substance, or controlled substance analog. Except |
24 | | as authorized by this Act, it is unlawful for any
person |
25 | | knowingly to manufacture or deliver, or possess with intent to
|
|
| | SB2089 | - 25 - | LRB103 27669 RLC 57233 b |
|
|
1 | | manufacture or deliver, a controlled substance other than |
2 | | methamphetamine and other than bath salts as defined in the |
3 | | Bath Salts Prohibition Act sold or offered for sale in a retail |
4 | | mercantile establishment as defined in Section 16-0.1 of the |
5 | | Criminal Code of 2012, a counterfeit substance, or a |
6 | | controlled
substance analog. A violation of this Act with |
7 | | respect to each of the controlled
substances listed herein |
8 | | constitutes a single and separate violation of this
Act. For |
9 | | purposes of this Section, "controlled substance analog" or |
10 | | "analog"
means a substance, other than a controlled substance, |
11 | | which is not approved by the United States Food and Drug |
12 | | Administration or, if approved, is not dispensed or possessed |
13 | | in accordance with State or federal law, and that has a |
14 | | chemical structure substantially similar to that of a |
15 | | controlled
substance in Schedule I or II, or that was |
16 | | specifically designed to produce
an effect substantially |
17 | | similar to that of a controlled substance in Schedule
I or II. |
18 | | Examples of chemical classes in which controlled substance |
19 | | analogs
are found include, but are not limited to, the |
20 | | following: phenethylamines,
N-substituted piperidines, |
21 | | morphinans, ecgonines, quinazolinones, substituted
indoles, |
22 | | and arylcycloalkylamines. For purposes of this Act, a |
23 | | controlled
substance analog shall be treated in the same |
24 | | manner as the controlled
substance to which it is |
25 | | substantially similar.
|
26 | | (a) Any person who violates this Section with respect to |
|
| | SB2089 | - 26 - | LRB103 27669 RLC 57233 b |
|
|
1 | | the following
amounts of controlled or counterfeit substances |
2 | | or controlled substance
analogs, notwithstanding any of the |
3 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the |
4 | | contrary, is guilty of a Class X felony
and shall be sentenced |
5 | | to a term of imprisonment as provided in this subsection
(a) |
6 | | and fined as provided in subsection (b):
|
7 | | (1)(A) not less than 6 years and not more than 30 years |
8 | | with respect
to 15 grams or more but less than 100 grams of |
9 | | a substance containing
heroin, or an analog thereof;
|
10 | | (B) not less than 9 years and not more than 40 years |
11 | | with respect to 100
grams or more but less than 400 grams |
12 | | of a substance containing heroin, or
an analog thereof;
|
13 | | (C) not less than 12 years and not more than 50 years |
14 | | with respect to
400 grams or more but less than 900 grams |
15 | | of a substance containing heroin,
or an analog thereof;
|
16 | | (D) not less than 15 years and not more than 60 years |
17 | | with respect to
900 grams or more of any substance |
18 | | containing heroin, or an analog thereof;
|
19 | | (1.5)(A) not less than 6 years and not more than 30 |
20 | | years with respect to 15 grams or more but less than 100 |
21 | | grams of a substance containing fentanyl or xylazine , or |
22 | | an analog thereof; |
23 | | (B) not less than 9 years and not more than 40 years |
24 | | with respect to 100 grams or more but less than 400 grams |
25 | | of a substance containing fentanyl or xylazine , or an |
26 | | analog thereof; |
|
| | SB2089 | - 27 - | LRB103 27669 RLC 57233 b |
|
|
1 | | (C) not less than 12 years and not more than 50 years |
2 | | with respect to 400 grams or more but less than 900 grams |
3 | | of a substance containing fentanyl or xylazine , or an |
4 | | analog thereof; |
5 | | (D) not less than 15 years and not more than 60 years |
6 | | with respect to 900 grams or more of a substance |
7 | | containing fentanyl or xylazine , or an analog thereof; |
8 | | (2)(A) not less than 6 years and not more than 30 years |
9 | | with respect
to 15 grams or more but less than 100 grams of |
10 | | a substance containing
cocaine, or an analog thereof;
|
11 | | (B) not less than 9 years and not more than 40 years |
12 | | with respect to 100
grams or more but less than 400 grams |
13 | | of a substance containing cocaine, or
an analog thereof;
|
14 | | (C) not less than 12 years and not more than 50 years |
15 | | with respect to
400 grams or more but less than 900 grams |
16 | | of a substance containing cocaine,
or an analog thereof;
|
17 | | (D) not less than 15 years and not more than 60 years |
18 | | with respect to
900 grams or more of any substance |
19 | | containing cocaine, or an analog thereof;
|
20 | | (3)(A) not less than 6 years and not more than 30 years |
21 | | with respect
to 15 grams or more but less than 100 grams of |
22 | | a substance containing
morphine, or an analog thereof;
|
23 | | (B) not less than 9 years and not more than 40 years |
24 | | with respect to
100 grams or more but less than 400 grams |
25 | | of a substance containing morphine,
or an analog thereof;
|
26 | | (C) not less than 12 years and not more than 50 years |
|
| | SB2089 | - 28 - | LRB103 27669 RLC 57233 b |
|
|
1 | | with respect to
400 grams or more but less than 900 grams |
2 | | of a substance containing
morphine, or an analog thereof;
|
3 | | (D) not less than 15 years and not more than 60 years |
4 | | with respect to
900 grams or more of a substance |
5 | | containing morphine, or an analog thereof;
|
6 | | (4) 200 grams or more of any substance containing |
7 | | peyote, or an
analog thereof;
|
8 | | (5) 200 grams or more of any substance containing a |
9 | | derivative of
barbituric acid or any of the salts of a |
10 | | derivative of barbituric acid, or
an analog thereof;
|
11 | | (6) 200 grams or more of any substance containing |
12 | | amphetamine
or any salt of an optical isomer of |
13 | | amphetamine,
or an analog thereof;
|
14 | | (6.5) (blank);
|
15 | | (6.6) (blank);
|
16 | | (7)(A) not less than 6 years and not more than 30 years |
17 | | with respect
to: (i) 15 grams or more but less than 100 |
18 | | grams of a substance containing
lysergic acid diethylamide |
19 | | (LSD), or an analog thereof, or (ii) 15 or
more objects or |
20 | | 15 or more segregated parts of an object or objects but
|
21 | | less than 200 objects or 200 segregated parts of an object |
22 | | or objects
containing in them or having upon them any |
23 | | amounts of any substance
containing lysergic acid |
24 | | diethylamide (LSD), or an analog thereof;
|
25 | | (B) not less than 9 years and not more than 40 years |
26 | | with respect
to: (i) 100 grams or more but less than 400 |
|
| | SB2089 | - 29 - | LRB103 27669 RLC 57233 b |
|
|
1 | | grams of a substance containing
lysergic acid diethylamide |
2 | | (LSD), or an analog thereof, or (ii) 200 or more
objects or |
3 | | 200 or more segregated parts of an object or objects but |
4 | | less
than 600 objects or less than 600 segregated parts of |
5 | | an object or objects
containing in them or having upon |
6 | | them any amount of any substance
containing lysergic acid |
7 | | diethylamide (LSD), or an analog thereof;
|
8 | | (C) not less than 12 years and not more than 50 years |
9 | | with respect
to: (i) 400 grams or more but less than 900 |
10 | | grams of a substance containing
lysergic acid diethylamide |
11 | | (LSD), or an analog thereof, or (ii) 600 or more
objects or |
12 | | 600 or more segregated parts of an object or objects but |
13 | | less
than 1500 objects or 1500 segregated parts of an |
14 | | object or objects
containing in them or having upon them |
15 | | any amount of any substance
containing lysergic acid |
16 | | diethylamide (LSD), or an analog thereof;
|
17 | | (D) not less than 15 years and not more than 60 years |
18 | | with respect
to: (i) 900 grams or more of any substance |
19 | | containing lysergic acid
diethylamide (LSD), or an analog |
20 | | thereof, or (ii) 1500 or more objects or
1500 or more |
21 | | segregated parts of an object or objects containing in |
22 | | them or
having upon them any amount of a substance |
23 | | containing lysergic acid
diethylamide (LSD), or an analog |
24 | | thereof;
|
25 | | (7.5)(A) not less than 6 years and not more than 30 years |
26 | | with respect
to:
(i) 15
grams or more but less than 100 |
|
| | SB2089 | - 30 - | LRB103 27669 RLC 57233 b |
|
|
1 | | grams of a substance listed in paragraph (1),
(2), (2.1), |
2 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
3 | | (26) of subsection
(d) of Section 204, or an analog or |
4 | | derivative thereof, or (ii) 15 or more
pills, tablets, |
5 | | caplets, capsules, or objects but less than 200 pills, |
6 | | tablets,
caplets, capsules, or objects containing in them |
7 | | or having upon them any
amounts of any substance listed in |
8 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), |
9 | | (20.1), (21), (25), or (26) of subsection (d) of Section |
10 | | 204, or
an analog or derivative thereof;
|
11 | | (B) not less than 9 years and not more than 40 years |
12 | | with respect to:
(i) 100 grams or more but less than 400 |
13 | | grams of a substance listed in
paragraph (1), (2), (2.1), |
14 | | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or |
15 | | (26) of subsection (d) of Section 204, or an analog or
|
16 | | derivative thereof, or (ii) 200 or more pills, tablets, |
17 | | caplets, capsules, or
objects but less than 600 pills, |
18 | | tablets, caplets, capsules, or objects
containing in them |
19 | | or having upon them any amount of any substance listed in
|
20 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
21 | | (20.1), (21), (25), or (26)
of subsection (d) of Section |
22 | | 204, or an analog or derivative thereof;
|
23 | | (C) not less than 12 years and not more than 50 years |
24 | | with respect to:
(i) 400 grams or more but less than 900 |
25 | | grams of a substance listed in
paragraph (1), (2), (2.1), |
26 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
|
| | SB2089 | - 31 - | LRB103 27669 RLC 57233 b |
|
|
1 | | (26)
of subsection (d) of Section 204, or an analog or |
2 | | derivative thereof,
or (ii) 600 or more pills, tablets, |
3 | | caplets, capsules, or objects but less than
1,500 pills, |
4 | | tablets, caplets, capsules, or objects
containing in them |
5 | | or having upon them any amount of any substance listed in
|
6 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
7 | | (20.1), (21), (25), or (26)
of subsection (d) of Section |
8 | | 204, or an analog or derivative thereof;
|
9 | | (D) not less than 15 years and not more than 60 years |
10 | | with respect to:
(i) 900 grams or more of any substance |
11 | | listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), |
12 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) |
13 | | of
Section 204, or an analog or derivative thereof, or |
14 | | (ii) 1,500 or more pills,
tablets, caplets, capsules, or |
15 | | objects containing in them or having upon them
any amount
|
16 | | of a substance listed in paragraph (1), (2), (2.1), (2.2), |
17 | | (3), (14.1), (19),
(20), (20.1), (21), (25), or (26)
of |
18 | | subsection (d) of Section 204, or an analog or derivative |
19 | | thereof;
|
20 | | (8) 30 grams or more of any substance containing |
21 | | pentazocine or any of
the salts, isomers and salts of |
22 | | isomers of pentazocine, or an analog thereof;
|
23 | | (9) 30 grams or more of any substance containing |
24 | | methaqualone or any of
the salts, isomers and salts of |
25 | | isomers of methaqualone, or an analog thereof;
|
26 | | (10) 30 grams or more of any substance containing |
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1 | | phencyclidine or any
of the salts, isomers and salts of |
2 | | isomers of phencyclidine (PCP),
or an analog thereof;
|
3 | | (10.5) 30 grams or more of any substance containing |
4 | | ketamine
or any of the salts, isomers and salts of isomers |
5 | | of ketamine,
or an analog thereof;
|
6 | | (10.6) 100 grams or more of any substance containing |
7 | | hydrocodone, or any of the salts, isomers and salts of |
8 | | isomers of hydrocodone, or an analog thereof; |
9 | | (10.7) (blank); |
10 | | (10.8) 100 grams or more of any substance containing |
11 | | dihydrocodeine, or any of the salts, isomers and salts of |
12 | | isomers of dihydrocodeine, or an analog thereof; |
13 | | (10.9) 100 grams or more of any substance containing |
14 | | oxycodone, or any of the salts, isomers and salts of |
15 | | isomers of oxycodone, or an analog thereof; |
16 | | (11) 200 grams or more of any substance containing any |
17 | | other controlled
substance classified in Schedules I or |
18 | | II, or an analog thereof, which is
not otherwise included |
19 | | in this subsection.
|
20 | | (b) Any person sentenced with respect to violations of |
21 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
22 | | involving
100 grams or
more of the
controlled substance named |
23 | | therein, may in addition to the penalties
provided therein, be |
24 | | fined an amount not more than $500,000 or the full
street value |
25 | | of the controlled or counterfeit substance or controlled |
26 | | substance
analog, whichever is greater. The term "street |
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1 | | value" shall have the
meaning ascribed in Section 110-5 of the |
2 | | Code of Criminal Procedure of
1963. Any person sentenced with |
3 | | respect to any other provision of
subsection (a), may in |
4 | | addition to the penalties provided therein, be fined
an amount |
5 | | not to exceed $500,000. |
6 | | (b-1) Excluding violations of this Act when the controlled |
7 | | substance is fentanyl, any person sentenced to a term of |
8 | | imprisonment with respect to violations of Section 401, 401.1, |
9 | | 405, 405.1, 405.2, or 407, when the substance containing the |
10 | | controlled substance contains any amount of fentanyl, 3 years |
11 | | shall be added to the term of imprisonment imposed by the |
12 | | court, and the maximum sentence for the offense shall be |
13 | | increased by 3 years.
|
14 | | (c) Any person who violates this Section with regard to |
15 | | the
following amounts of controlled or counterfeit substances
|
16 | | or controlled substance analogs, notwithstanding any of the |
17 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) |
18 | | to the
contrary, is guilty of a Class 1 felony. The fine for |
19 | | violation of this
subsection (c) shall not be more than |
20 | | $250,000:
|
21 | | (1) 1 gram or more but less than 15 grams of any
|
22 | | substance containing heroin, or an analog thereof;
|
23 | | (1.5) 1 gram or more but less than 15 grams of any |
24 | | substance containing fentanyl, or an analog thereof; |
25 | | (2) 1 gram or more but less than 15
grams of any |
26 | | substance containing cocaine, or an analog thereof;
|
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1 | | (2.5) 1 gram or more but less than 15 grams of any |
2 | | substance containing xylazine, or an analog thereof; |
3 | | (3) 10 grams or more but less than 15 grams of any |
4 | | substance
containing morphine, or an analog thereof;
|
5 | | (4) 50 grams or more but less than 200 grams of any |
6 | | substance
containing peyote, or an analog thereof;
|
7 | | (5) 50 grams or more but less than 200 grams of any |
8 | | substance
containing a derivative of barbituric acid or |
9 | | any of the salts of a
derivative of barbituric acid, or an |
10 | | analog thereof;
|
11 | | (6) 50 grams or more but less than 200 grams of any |
12 | | substance
containing amphetamine or any salt of an optical |
13 | | isomer
of amphetamine, or an analog thereof;
|
14 | | (6.5) (blank);
|
15 | | (7)(i) 5 grams or more but less than 15 grams of any |
16 | | substance
containing lysergic acid diethylamide (LSD), or |
17 | | an analog thereof,
or (ii)
more than 10 objects or more |
18 | | than 10 segregated parts of an object or objects
but less |
19 | | than 15 objects or less than 15 segregated parts of an |
20 | | object
containing in them or having upon them any amount |
21 | | of any substance
containing lysergic acid diethylamide |
22 | | (LSD), or an analog thereof;
|
23 | | (7.5)(i) 5 grams or more but less than 15 grams of any |
24 | | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), |
25 | | (14.1), (19), (20), (20.1), (21), (25), or
(26) of |
26 | | subsection (d) of Section 204, or an analog or derivative |
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1 | | thereof, or
(ii) more than 10 pills, tablets, caplets, |
2 | | capsules, or objects but less than
15 pills, tablets, |
3 | | caplets, capsules, or objects containing in them or having
|
4 | | upon them any amount of any substance listed in paragraph |
5 | | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), |
6 | | (21), (25), or (26) of subsection (d) of
Section 204, or an |
7 | | analog or derivative thereof;
|
8 | | (8) 10 grams or more but less than 30 grams of any |
9 | | substance
containing pentazocine or any of the salts, |
10 | | isomers and salts of isomers of
pentazocine, or an analog |
11 | | thereof;
|
12 | | (9) 10 grams or more but less than 30 grams of any |
13 | | substance
containing methaqualone or any of the salts, |
14 | | isomers and salts of isomers
of methaqualone, or an analog |
15 | | thereof;
|
16 | | (10) 10 grams or more but less than 30 grams of any |
17 | | substance
containing phencyclidine or any of the salts, |
18 | | isomers and salts of isomers
of phencyclidine (PCP), or an |
19 | | analog thereof;
|
20 | | (10.5) 10 grams or more but less than 30 grams of any |
21 | | substance
containing ketamine or any of the salts, isomers |
22 | | and salts of
isomers of ketamine, or an analog thereof;
|
23 | | (10.6) 50 grams or more but less than 100 grams of any |
24 | | substance containing hydrocodone, or any of the salts, |
25 | | isomers and salts of isomers of hydrocodone, or an analog |
26 | | thereof; |
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1 | | (10.7) (blank); |
2 | | (10.8) 50 grams or more but less than 100 grams of any |
3 | | substance containing dihydrocodeine, or any of the salts, |
4 | | isomers and salts of isomers of dihydrocodeine, or an |
5 | | analog thereof; |
6 | | (10.9) 50 grams or more but less than 100 grams of any |
7 | | substance containing oxycodone, or any of the salts, |
8 | | isomers and salts of isomers of oxycodone, or an analog |
9 | | thereof; |
10 | | (11) 50 grams or more but less than 200 grams of any |
11 | | substance
containing a substance classified in Schedules I |
12 | | or II, or an analog
thereof, which is not otherwise |
13 | | included in this subsection.
|
14 | | (c-5) (Blank).
|
15 | | (d) Any person who violates this Section with regard to |
16 | | any other
amount of a controlled or counterfeit substance |
17 | | containing dihydrocodeine or classified in
Schedules I or II, |
18 | | or an analog thereof, which is (i) a narcotic
drug, (ii) |
19 | | lysergic acid diethylamide (LSD) or an analog thereof,
(iii) |
20 | | any
substance containing amphetamine or fentanyl or xylazine |
21 | | or any salt or optical
isomer of amphetamine or fentanyl or |
22 | | xylazine , or an analog thereof, or (iv) any
substance |
23 | | containing N-Benzylpiperazine (BZP) or any salt or optical
|
24 | | isomer of N-Benzylpiperazine (BZP), or an analog thereof, is |
25 | | guilty
of a Class 2 felony. The fine for violation of this |
26 | | subsection (d) shall
not be more than $200,000.
|
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1 | | (d-5) (Blank).
|
2 | | (e) Any person who violates this Section with regard to |
3 | | any other
amount of a controlled substance other than |
4 | | methamphetamine or counterfeit substance classified in
|
5 | | Schedule I or II, or an analog thereof, which substance is not
|
6 | | included under subsection (d) of this Section, is
guilty of a |
7 | | Class 3 felony. The fine for violation of this subsection (e)
|
8 | | shall not be more than $150,000.
|
9 | | (f) Any person who violates this Section with regard to |
10 | | any other
amount of a controlled or counterfeit substance |
11 | | classified in
Schedule III is guilty of a Class 3 felony. The |
12 | | fine for violation of
this subsection (f) shall not be more |
13 | | than $125,000.
|
14 | | (g) Any person who violates this Section with regard to |
15 | | any other
amount of a controlled or counterfeit substance |
16 | | classified
in Schedule IV is guilty of a Class 3 felony. The |
17 | | fine for violation of
this subsection (g) shall not be more |
18 | | than $100,000.
|
19 | | (h) Any person who violates this Section with regard to |
20 | | any other
amount of a controlled or counterfeit substance |
21 | | classified in
Schedule V is guilty of a Class 3 felony. The |
22 | | fine for violation of this
subsection (h) shall not be more |
23 | | than $75,000.
|
24 | | (i) This Section does not apply to the manufacture, |
25 | | possession or
distribution of a substance in conformance with |
26 | | the provisions of an approved
new drug application or an |