Synopsis As Introduced Amends the Illinois Controlled Substances Act. Provides that at least every 90 days, and in consultation with the Department of State Police Division of Forensic Services and the State Board of Pharmacy of the Department of Financial and Professional Regulation, the Department of Human Services shall send official correspondence to the Governor, Attorney General, and the General Assembly describing whether the Department of Human Services has identified any new chemical formulas that are used to make synthetic cannabinoids or cathinones (synthetic drugs) that are not currently illegal under State law. Provides that to identify new chemical formulas, the Department shall routinely communicate with the Department of State Police Division of Forensic Services, the United States Drug Enforcement Administration, the United States Office of National Drug Control Policy, and the Scientific Working Group for the Analysis of Seized Drugs (SWDRUG), and other state boards that schedule controlled substances. Provides that if the Department's official correspondence to the Governor, Attorney General, and General Assembly confirms that the Department has identified new chemical formulas that are used to make synthetic drugs, the Department shall immediately propose an emergency rule to add any new chemical formulas to the current list of chemical formulas that are listed in the Act as scheduled controlled substances, and adopt the proposed rule as quickly as allowed for under the Department's notice and public comment rules. Provides that if the Department adopts the emergency rule, the rule shall take effect as quickly as allowed under the Illinois Administrative Procedure Act, and the new rule shall have the force of law under the Act. Provides that any emergency rule adopted under this provision shall be inoperative 12 months from the date that the emergency rule becomes effective, or when the General Assembly by law takes action to ratify, change, or reject the emergency rule adopted by the Department. Provides that nothing in these provisions shall interfere with the exemptions provided for under State law to any person or entity that possesses a chemical formula defined as a scheduled controlled substance for a lawful purposes.
House Committee Amendment No. 1 Provides that the authority of the Department of Human Services to adopt an emergency rule to add a new chemical formula to the current list of chemical formulas that are listed in the Act as scheduled controlled substances excludes the scheduling of any non-narcotic drug if the drug may be lawfully sold over-the-counter or behind the counter without a prescription.