Illinois General Assembly - Full Text of HB2303
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Full Text of HB2303  101st General Assembly




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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 5. The Illinois Controlled Substances Act is
5amended by changing Section 406 as follows:
6    (720 ILCS 570/406)  (from Ch. 56 1/2, par. 1406)
7    Sec. 406. (a) It is unlawful for any person:
8        (1) who is subject to Article III knowingly to
9    distribute or dispense a controlled substance in violation
10    of Sections 308 through 314.5 of this Act; or
11        (2) who is a registrant, to manufacture a controlled
12    substance not authorized by his or her registration, or to
13    distribute or dispense a controlled substance not
14    authorized by his or her registration to another registrant
15    or other authorized person; or
16        (3) to refuse or fail to make, keep or furnish any
17    record, notification, order form, statement, invoice or
18    information required under this Act; or
19        (4) to refuse an entry into any premises for any
20    inspection authorized by this Act; or
21        (5) knowingly to keep or maintain any store, shop,
22    warehouse, dwelling, building, vehicle, boat, aircraft, or
23    other structure or place, which is resorted to by a person



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1    unlawfully possessing controlled substances, or which is
2    used for possessing, manufacturing, dispensing or
3    distributing controlled substances in violation of this
4    Act.
5    Any person who violates this subsection (a) is guilty of a
6Class A misdemeanor for the first offense and a Class 4 felony
7for each subsequent offense. The fine for each subsequent
8offense shall not be more than $100,000. In addition, any
9practitioner who is found guilty of violating this subsection
10(a) is subject to suspension and revocation of his or her
11professional license, in accordance with such procedures as are
12provided by law for the taking of disciplinary action with
13regard to the license of said practitioner's profession.
14    (b) It is unlawful for any person knowingly:
15        (1) to distribute, as a registrant, a controlled
16    substance classified in Schedule I or II, except pursuant
17    to an order form as required by Section 307 of this Act; or
18        (2) to use, in the course of the manufacture or
19    distribution of a controlled substance, a registration
20    number which is fictitious, revoked, suspended, or issued
21    to another person; or
22        (2.1) to use or possess a prescriber's Illinois
23    controlled substance license or United States Drug
24    Enforcement Administration registration number:
25            (A) other than for:
26                (i) prescribing or dispensing controlled



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1            substances;
2                (ii) insurance processing related to
3            controlled substances;
4                (iii) professional employment;
5                (iv) collecting credentials data under the
6            Health Care Professional Credentials Data
7            Collection Act; or
8                (v) licensure purposes;
9            (B) without authorization;
10            (C) to fraudulently obtain any medication or to
11        fraudulently create a prescription or order; or
12            (D) except as authorized by law; or
13        (3) to acquire or obtain, or attempt to acquire or
14    obtain, possession of a controlled substance by
15    misrepresentation, fraud, forgery, deception or
16    subterfuge; or
17        (3.1) to withhold information requested from a
18    practitioner, with the intent to obtain a controlled
19    substance that has not been prescribed, by
20    misrepresentation, fraud, forgery, deception, subterfuge,
21    or concealment of a material fact; or
22        (4) to furnish false or fraudulent material
23    information in, or omit any material information from, any
24    application, report or other document required to be kept
25    or filed under this Act, or any record required to be kept
26    by this Act; or



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1        (5) to make, distribute or possess any punch, die,
2    plate, stone or other thing designed to print, imprint or
3    reproduce the trademark, trade name or other identifying
4    mark, imprint or device of another, or any likeness of any
5    of the foregoing, upon any controlled substance or
6    container or labeling thereof so as to render the drug a
7    counterfeit substance; or
8        (6) (blank); or
9        (7) (blank).
10    Any person who violates this subsection (b) is guilty of a
11Class 4 felony for the first offense and a Class 3 felony for
12each subsequent offense. The fine for the first offense shall
13be not more than $100,000. The fine for each subsequent offense
14shall not be more than $200,000.
15    (c) A person who knowingly or intentionally violates
16Section 316, 317, 318, or 319 is guilty of a Class A
18(Source: P.A. 99-480, eff. 9-9-15.)