Illinois General Assembly - Full Text of HB5808
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Full Text of HB5808  102nd General Assembly

HB5808 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5808

 

Introduced 11/16/2022, by Rep. Deanne M. Mazzochi - Keith R. Wheeler - Chris Bos, Mark Batinick, Martin McLaughlin, et al.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/401  from Ch. 56 1/2, par. 1401
720 ILCS 570/401.3 new

    Amends the Illinois Controlled Substances Act. Provides that if a controlled substance analog is at least 5 times as potent as the controlled substance of which it is an analog, then the weight of the controlled substance analog for purposes of the Act shall be deemed to be the weight of the controlled substance analog multiplied by the increase in potency. Provides that, in addition to any other penalties imposed for the manufacture or delivery, or possession with intent to manufacture or deliver, not less than 6 years and not more than 30 years shall be imposed for any amount of carfentanil in excess of 150 milligrams that is stored or transmitted as a powder, blotter paper, tablet, patch, or spray if the product fails to include a warning label and an accompanying rescue level of naloxone. Provides that, in addition to any other penalties imposed, with respect to fentanyl or an analog thereof, an additional sentence of 5 years shall be imposed if the fentanyl or analog thereof is in certain forms. Establishes penalties. Contains a severability provision. Makes other changes.


LRB102 29005 RLC 40958 b

 

 

A BILL FOR

 

HB5808LRB102 29005 RLC 40958 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings. The General Assembly finds that:
5        (1) Fentanyl and its analogs present a serious risk to
6    public safety.
7        (2) The analog carfentanil, also known as carfentanyl,
8    is approximately 100 times more potent than fentanyl, and
9    2 milligrams of carfentanil is lethal.
 
10    Section 5. The Illinois Controlled Substances Act is
11amended by changing Section 401 and by adding Section 401.3 as
12follows:
 
13    (720 ILCS 570/401)  (from Ch. 56 1/2, par. 1401)
14    Sec. 401. Manufacture or delivery, or possession with
15intent to manufacture or deliver, a controlled substance, a
16counterfeit substance, or controlled substance analog. Except
17as authorized by this Act, it is unlawful for any person
18knowingly to manufacture or deliver, or possess with intent to
19manufacture or deliver, a controlled substance other than
20methamphetamine and other than bath salts as defined in the
21Bath Salts Prohibition Act sold or offered for sale in a retail
22mercantile establishment as defined in Section 16-0.1 of the

 

 

HB5808- 2 -LRB102 29005 RLC 40958 b

1Criminal Code of 2012, a counterfeit substance, or a
2controlled substance analog. A violation of this Act with
3respect to each of the controlled substances listed herein
4constitutes a single and separate violation of this Act. For
5purposes of this Section, "controlled substance analog" or
6"analog" means a substance, other than a controlled substance,
7which is not approved by the United States Food and Drug
8Administration or, if approved, is not dispensed or possessed
9in accordance with State or federal law, and that has a
10chemical structure substantially similar to that of a
11controlled substance in Schedule I or II, or that was
12specifically designed to produce an effect substantially
13similar to that of a controlled substance in Schedule I or II.
14Examples of chemical classes in which controlled substance
15analogs are found include, but are not limited to, the
16following: phenethylamines, N-substituted piperidines,
17morphinans, ecgonines, quinazolinones, substituted indoles,
18and arylcycloalkylamines. For purposes of this Act, a
19controlled substance analog shall be treated in the same
20manner as the controlled substance to which it is
21substantially similar; however, if a controlled substance
22analog is at least 5 times as potent as the controlled
23substance of which it is an analog, then the weight of the
24controlled substance analog for purposes of this Act shall be
25deemed to be the weight of the controlled substance analog
26multiplied by the increase in potency.

 

 

HB5808- 3 -LRB102 29005 RLC 40958 b

1    (a) Any person who violates this Section with respect to
2the following amounts of controlled or counterfeit substances
3or controlled substance analogs, notwithstanding any of the
4provisions of subsections (c), (d), (e), (f), (g) or (h) to the
5contrary, is guilty of a Class X felony and shall be sentenced
6to a term of imprisonment as provided in this subsection (a)
7and fined as provided in subsection (b):
8        (1)(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 heroin, 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 heroin, 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 heroin, 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 heroin, or an analog thereof;
20        (1.5)(A) not less than 6 years and not more than 30
21    years with respect to 15 grams or more but less than 100
22    grams of a substance containing fentanyl, or an analog
23    thereof;
24        (B) not less than 9 years and not more than 40 years
25    with respect to 100 grams or more but less than 400 grams
26    of a substance containing fentanyl, or an analog thereof;

 

 

HB5808- 4 -LRB102 29005 RLC 40958 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 an analog thereof;
4        (D) not less than 15 years and not more than 60 years
5    with respect to 900 grams or more of a substance
6    containing fentanyl, or an analog thereof;
7        (1.6) in addition to any other penalties in this
8    Section, not less than 6 years and not more than 30 years
9    for any amount of carfentanil in excess of 150 milligrams
10    that is stored or transmitted as a powder, blotter paper,
11    tablet, patch, or spray if the product fails to include:
12            (A) a warning label, in a bright color, in a
13        typeface that is at least 0.5 inches tall, that
14        states, "WARNING: CONTAINS LEVELS OF CARFENTANIL
15        LETHAL TO HUMANS"; and
16            (B) an accompanying rescue level of naloxone;
17        (2)(A) not less than 6 years and not more than 30 years
18    with respect to 15 grams or more but less than 100 grams of
19    a substance containing cocaine, or an analog thereof;
20        (B) not less than 9 years and not more than 40 years
21    with respect to 100 grams or more but less than 400 grams
22    of a substance containing cocaine, or an analog thereof;
23        (C) not less than 12 years and not more than 50 years
24    with respect to 400 grams or more but less than 900 grams
25    of a substance containing cocaine, or an analog thereof;
26        (D) not less than 15 years and not more than 60 years

 

 

HB5808- 5 -LRB102 29005 RLC 40958 b

1    with respect to 900 grams or more of any substance
2    containing cocaine, or an analog thereof;
3        (3)(A) not less than 6 years and not more than 30 years
4    with respect to 15 grams or more but less than 100 grams of
5    a substance containing morphine, or an analog thereof;
6        (B) not less than 9 years and not more than 40 years
7    with respect to 100 grams or more but less than 400 grams
8    of a substance containing morphine, or an analog thereof;
9        (C) not less than 12 years and not more than 50 years
10    with respect to 400 grams or more but less than 900 grams
11    of a substance containing morphine, or an analog thereof;
12        (D) not less than 15 years and not more than 60 years
13    with respect to 900 grams or more of a substance
14    containing morphine, or an analog thereof;
15        (4) 200 grams or more of any substance containing
16    peyote, or an analog thereof;
17        (5) 200 grams or more of any substance containing a
18    derivative of barbituric acid or any of the salts of a
19    derivative of barbituric acid, or an analog thereof;
20        (6) 200 grams or more of any substance containing
21    amphetamine or any salt of an optical isomer of
22    amphetamine, or an analog thereof;
23        (6.5) (blank);
24        (6.6) (blank);
25        (7)(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

 

 

HB5808- 6 -LRB102 29005 RLC 40958 b

1    grams of a substance containing lysergic acid diethylamide
2    (LSD), or an analog thereof, or (ii) 15 or more objects or
3    15 or more segregated parts of an object or objects but
4    less than 200 objects or 200 segregated parts of an object
5    or objects containing in them or having upon them any
6    amounts of any substance containing lysergic acid
7    diethylamide (LSD), or an analog thereof;
8        (B) not less than 9 years and not more than 40 years
9    with respect to: (i) 100 grams or more but less than 400
10    grams of a substance containing lysergic acid diethylamide
11    (LSD), or an analog thereof, or (ii) 200 or more objects or
12    200 or more segregated parts of an object or objects but
13    less than 600 objects or less than 600 segregated parts of
14    an object or objects containing in them or having upon
15    them any amount of any substance containing lysergic acid
16    diethylamide (LSD), or an analog thereof;
17        (C) not less than 12 years and not more than 50 years
18    with respect to: (i) 400 grams or more but less than 900
19    grams of a substance containing lysergic acid diethylamide
20    (LSD), or an analog thereof, or (ii) 600 or more objects or
21    600 or more segregated parts of an object or objects but
22    less than 1500 objects or 1500 segregated parts of an
23    object or objects containing in them or having upon them
24    any amount of any substance containing lysergic acid
25    diethylamide (LSD), or an analog thereof;
26        (D) not less than 15 years and not more than 60 years

 

 

HB5808- 7 -LRB102 29005 RLC 40958 b

1    with respect to: (i) 900 grams or more of any substance
2    containing lysergic acid diethylamide (LSD), or an analog
3    thereof, or (ii) 1500 or more objects or 1500 or more
4    segregated parts of an object or objects containing in
5    them or having upon them any amount of a substance
6    containing lysergic acid diethylamide (LSD), or an analog
7    thereof;
8    (7.5)(A) not less than 6 years and not more than 30 years
9    with respect to: (i) 15 grams or more but less than 100
10    grams of a substance listed in paragraph (1), (2), (2.1),
11    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
12    (26) of subsection (d) of Section 204, or an analog or
13    derivative thereof, or (ii) 15 or more pills, tablets,
14    caplets, capsules, or objects but less than 200 pills,
15    tablets, caplets, capsules, or objects containing in them
16    or having upon them any amounts of any substance listed in
17    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
18    (20.1), (21), (25), or (26) of subsection (d) of Section
19    204, or an analog or derivative thereof;
20        (B) not less than 9 years and not more than 40 years
21    with respect to: (i) 100 grams or more but less than 400
22    grams of a substance listed in paragraph (1), (2), (2.1),
23    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
24    (26) of subsection (d) of Section 204, or an analog or
25    derivative thereof, or (ii) 200 or more pills, tablets,
26    caplets, capsules, or objects but less than 600 pills,

 

 

HB5808- 8 -LRB102 29005 RLC 40958 b

1    tablets, caplets, capsules, or objects containing in them
2    or having upon them any amount of any substance listed in
3    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
4    (20.1), (21), (25), or (26) of subsection (d) of Section
5    204, or an analog or derivative thereof;
6        (C) not less than 12 years and not more than 50 years
7    with respect to: (i) 400 grams or more but less than 900
8    grams of a substance listed in paragraph (1), (2), (2.1),
9    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
10    (26) of subsection (d) of Section 204, or an analog or
11    derivative thereof, or (ii) 600 or more pills, tablets,
12    caplets, capsules, or objects but less than 1,500 pills,
13    tablets, caplets, capsules, or objects containing in them
14    or having upon them any amount of any substance listed in
15    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
16    (20.1), (21), (25), or (26) of subsection (d) of Section
17    204, or an analog or derivative thereof;
18        (D) not less than 15 years and not more than 60 years
19    with respect to: (i) 900 grams or more of any substance
20    listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
21    (19), (20), (20.1), (21), (25), or (26) of subsection (d)
22    of Section 204, or an analog or derivative thereof, or
23    (ii) 1,500 or more pills, tablets, caplets, capsules, or
24    objects containing in them or having upon them any amount
25    of a substance listed in paragraph (1), (2), (2.1), (2.2),
26    (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of

 

 

HB5808- 9 -LRB102 29005 RLC 40958 b

1    subsection (d) of Section 204, or an analog or derivative
2    thereof;
3        (8) 30 grams or more of any substance containing
4    pentazocine or any of the salts, isomers and salts of
5    isomers of pentazocine, or an analog thereof;
6        (9) 30 grams or more of any substance containing
7    methaqualone or any of the salts, isomers and salts of
8    isomers of methaqualone, or an analog thereof;
9        (10) 30 grams or more of any substance containing
10    phencyclidine or any of the salts, isomers and salts of
11    isomers of phencyclidine (PCP), or an analog thereof;
12        (10.5) 30 grams or more of any substance containing
13    ketamine or any of the salts, isomers and salts of isomers
14    of ketamine, or an analog thereof;
15        (10.6) 100 grams or more of any substance containing
16    hydrocodone, or any of the salts, isomers and salts of
17    isomers of hydrocodone, or an analog thereof;
18        (10.7) (blank);
19        (10.8) 100 grams or more of any substance containing
20    dihydrocodeine, or any of the salts, isomers and salts of
21    isomers of dihydrocodeine, or an analog thereof;
22        (10.9) 100 grams or more of any substance containing
23    oxycodone, or any of the salts, isomers and salts of
24    isomers of oxycodone, or an analog thereof;
25        (11) 200 grams or more of any substance containing any
26    other controlled substance classified in Schedules I or

 

 

HB5808- 10 -LRB102 29005 RLC 40958 b

1    II, or an analog thereof, which is not otherwise included
2    in this subsection.
3    (b) Any person sentenced with respect to violations of
4paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
5involving 100 grams or more of the controlled substance named
6therein, may in addition to the penalties provided therein, be
7fined an amount not more than $500,000 or the full street value
8of the controlled or counterfeit substance or controlled
9substance analog, whichever is greater. The term "street
10value" shall have the meaning ascribed in Section 110-5 of the
11Code of Criminal Procedure of 1963. Any person sentenced with
12respect to any other provision of subsection (a), may in
13addition to the penalties provided therein, be fined an amount
14not to exceed $500,000.
15    (b-1) Excluding violations of this Act when the controlled
16substance is fentanyl, any person sentenced to a term of
17imprisonment with respect to violations of Section 401, 401.1,
18405, 405.1, 405.2, or 407, when the substance containing the
19controlled substance contains any amount of fentanyl, 3 years
20shall be added to the term of imprisonment imposed by the
21court, and the maximum sentence for the offense shall be
22increased by 3 years.
23    (b-2) In addition to any other penalties imposed under
24this Section, with respect to fentanyl, or an analog thereof,
25an additional sentence of 5 years shall be imposed if the
26fentanyl or analog thereof is in a form that resembles, or was

 

 

HB5808- 11 -LRB102 29005 RLC 40958 b

1mixed, granulated, absorbed, adsorbed, spray-dried,
2aeorsolized as or onto, coated on in whole or in part, or
3solubilized with or into, a product, where the product or its
4packaging further has at least one of the following
5attributes:
6        (1) a resemblance to the trade dress of a consumer
7    food product, branded food product, or logo food product,
8    or incorporates an actual or satirical version of a
9    registered trademark, service mark, or copyright;
10        (2) a bright color or coloring scheme;
11        (3) the appearance of a cereal, candy, vitamin, gummy,
12    or chewable product such as a gum or gelatin-based
13    product;
14        (4) a cartoon character imprint; or
15        (5) is incorporated into a separate product or package
16    approved by the United States Food and Drug
17    Administration, or approved by a regulatory agency for
18    food or drug products in another country, if the addition
19    of fentanyl, carfentanil, or any analog thereof, would
20    render the approved product an adulterated product under
21    the standards of the Federal Food, Drug, and Cosmetic Act,
22    or any State of Illinois Act or administrative rule.
23    (c) Any person who violates this Section with regard to
24the following amounts of controlled or counterfeit substances
25or controlled substance analogs, notwithstanding any of the
26provisions of subsections (a), (b), (d), (e), (f), (g) or (h)

 

 

HB5808- 12 -LRB102 29005 RLC 40958 b

1to the contrary, is guilty of a Class 1 felony. The fine for
2violation of this subsection (c) shall not be more than
3$250,000:
4        (1) 1 gram or more but less than 15 grams of any
5    substance containing heroin, or an analog thereof;
6        (1.5) 1 gram or more but less than 15 grams of any
7    substance containing fentanyl, or an analog thereof;
8        (2) 1 gram or more but less than 15 grams of any
9    substance containing cocaine, or an analog thereof;
10        (3) 10 grams or more but less than 15 grams of any
11    substance containing morphine, or an analog thereof;
12        (4) 50 grams or more but less than 200 grams of any
13    substance containing peyote, or an analog thereof;
14        (5) 50 grams or more but less than 200 grams of any
15    substance containing a derivative of barbituric acid or
16    any of the salts of a derivative of barbituric acid, or an
17    analog thereof;
18        (6) 50 grams or more but less than 200 grams of any
19    substance containing amphetamine or any salt of an optical
20    isomer of amphetamine, or an analog thereof;
21        (6.5) (blank);
22        (7)(i) 5 grams or more but less than 15 grams of any
23    substance containing lysergic acid diethylamide (LSD), or
24    an analog thereof, or (ii) more than 10 objects or more
25    than 10 segregated parts of an object or objects but less
26    than 15 objects or less than 15 segregated parts of an

 

 

HB5808- 13 -LRB102 29005 RLC 40958 b

1    object containing in them or having upon them any amount
2    of any substance containing lysergic acid diethylamide
3    (LSD), or an analog thereof;
4        (7.5)(i) 5 grams or more but less than 15 grams of any
5    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
6    (14.1), (19), (20), (20.1), (21), (25), or (26) of
7    subsection (d) of Section 204, or an analog or derivative
8    thereof, or (ii) more than 10 pills, tablets, caplets,
9    capsules, or objects but less than 15 pills, tablets,
10    caplets, capsules, or objects containing in them or having
11    upon them any amount of any substance listed in paragraph
12    (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
13    (21), (25), or (26) of subsection (d) of Section 204, or an
14    analog or derivative thereof;
15        (8) 10 grams or more but less than 30 grams of any
16    substance containing pentazocine or any of the salts,
17    isomers and salts of isomers of pentazocine, or an analog
18    thereof;
19        (9) 10 grams or more but less than 30 grams of any
20    substance containing methaqualone or any of the salts,
21    isomers and salts of isomers of methaqualone, or an analog
22    thereof;
23        (10) 10 grams or more but less than 30 grams of any
24    substance containing phencyclidine or any of the salts,
25    isomers and salts of isomers of phencyclidine (PCP), or an
26    analog thereof;

 

 

HB5808- 14 -LRB102 29005 RLC 40958 b

1        (10.5) 10 grams or more but less than 30 grams of any
2    substance containing ketamine or any of the salts, isomers
3    and salts of isomers of ketamine, or an analog thereof;
4        (10.6) 50 grams or more but less than 100 grams of any
5    substance containing hydrocodone, or any of the salts,
6    isomers and salts of isomers of hydrocodone, or an analog
7    thereof;
8        (10.7) (blank);
9        (10.8) 50 grams or more but less than 100 grams of any
10    substance containing dihydrocodeine, or any of the salts,
11    isomers and salts of isomers of dihydrocodeine, or an
12    analog thereof;
13        (10.9) 50 grams or more but less than 100 grams of any
14    substance containing oxycodone, or any of the salts,
15    isomers and salts of isomers of oxycodone, or an analog
16    thereof;
17        (11) 50 grams or more but less than 200 grams of any
18    substance containing a substance classified in Schedules I
19    or II, or an analog thereof, which is not otherwise
20    included in this subsection.
21    (c-5) (Blank).
22    (d) Any person who violates this Section with regard to
23any other amount of a controlled or counterfeit substance
24containing dihydrocodeine or classified in Schedules I or II,
25or an analog thereof, which is (i) a narcotic drug, (ii)
26lysergic acid diethylamide (LSD) or an analog thereof, (iii)

 

 

HB5808- 15 -LRB102 29005 RLC 40958 b

1any substance containing amphetamine or fentanyl or any salt
2or optical isomer of amphetamine or fentanyl, or an analog
3thereof, or (iv) any substance containing N-Benzylpiperazine
4(BZP) or any salt or optical isomer of N-Benzylpiperazine
5(BZP), or an analog thereof, is guilty of a Class 2 felony. The
6fine for violation of this subsection (d) shall not be more
7than $200,000.
8    (d-5) (Blank).
9    (e) Any person who violates this Section with regard to
10any other amount of a controlled substance other than
11methamphetamine or counterfeit substance classified in
12Schedule I or II, or an analog thereof, which substance is not
13included under subsection (d) of this Section, is guilty of a
14Class 3 felony. The fine for violation of this subsection (e)
15shall not be more than $150,000.
16    (f) Any person who violates this Section with regard to
17any other amount of a controlled or counterfeit substance
18classified in Schedule III is guilty of a Class 3 felony. The
19fine for violation of this subsection (f) shall not be more
20than $125,000.
21    (g) Any person who violates this Section with regard to
22any other amount of a controlled or counterfeit substance
23classified in Schedule IV is guilty of a Class 3 felony. The
24fine for violation of this subsection (g) shall not be more
25than $100,000.
26    (h) Any person who violates this Section with regard to

 

 

HB5808- 16 -LRB102 29005 RLC 40958 b

1any other amount of a controlled or counterfeit substance
2classified in Schedule V is guilty of a Class 3 felony. The
3fine for violation of this subsection (h) shall not be more
4than $75,000.
5    (i) This Section does not apply to the manufacture,
6possession or distribution of a substance in conformance with
7the provisions of an approved new drug application or an
8exemption for investigational use within the meaning of
9Section 505 of the Federal Food, Drug and Cosmetic Act.
10    (j) (Blank).
11(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
12100-368, eff. 1-1-18.)
 
13    (720 ILCS 570/401.3 new)
14    Sec. 401.3. Fentanyl trafficking.
15    (a) Except for purposes as authorized by this Act, any
16person who knowingly brings or causes to be brought into this
17State for the purpose of manufacture or delivery or with the
18intent to manufacture or deliver fentanyl, carfentanil, or any
19fentanyl analog in this or any other state or country is guilty
20of fentanyl trafficking.
21    (b) A person convicted of fentanyl trafficking shall be
22sentenced to a term of imprisonment of not less than twice the
23minimum term and fined an amount as authorized by Section 401
24of this Act, based upon the amount of fentanyl brought or
25caused to be brought into this State, and not more than twice

 

 

HB5808- 17 -LRB102 29005 RLC 40958 b

1the maximum term of imprisonment and fined twice the amount as
2authorized by Section 401 of this Act, based upon the amount of
3fentanyl brought or caused to be brought into this State.
4    (c) A person convicted of fentanyl trafficking for a
5substance or any part thereof that contains carfentanil shall
6be sentenced to a term of imprisonment of not less than twice
7the minimum term and fined an amount as authorized by Section
8401 of this Act, based upon the amount of carfentanil brought
9or caused to be brought into this State, and not more than
10twice the maximum term of imprisonment and fined twice the
11amount as authorized by Section 401 of this Act, based upon the
12amount of carfentanil brought or caused to be brought into
13this State.
14    (d) It is a Class 2 felony for which a fine not to exceed
15$100,000 may be imposed for any person to knowingly use a
16cellular radio telecommunication device in the furtherance of
17fentanyl trafficking. This penalty shall be in addition to any
18other penalties imposed by law. In this subsection (d),
19"cellular radio telecommunication device" has the meaning
20provided in Section 12-813.1 of the Illinois Vehicle Code.
21    (e) In addition to any other penalties under this Section,
22the court shall impose a sentence of not less than 6 years and
23not more than 30 years for any amount of carfentanil in excess
24of 150 milligrams that is stored or transmitted as a powder,
25blotter paper, tablet, patch, or spray if the product fails to
26include:

 

 

HB5808- 18 -LRB102 29005 RLC 40958 b

1        (A) a warning label, in a bright color, in a typeface
2    that is at least 0.5 inches tall, that states, "WARNING:
3    CONTAINS LEVELS OF CARFENTANIL LETHAL TO HUMANS"; and
4        (B) an accompanying rescue level of naloxone.
 
5    Section 97. Severability. The provisions of this Act are
6severable under Section 1.31 of the Statute on Statutes.