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90_SB1028sam001
LRB9003507KSdvam01
1 AMENDMENT TO SENATE BILL 1028
2 AMENDMENT NO. . Amend Senate Bill 1028 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Controlled Substances Act
5 by changing Section 210 and 401.5 and adding Section 216.";
6 and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Illinois Controlled Substances Act is
10 amended by changing Sections 210 and 401.5 and adding Section
11 216 as follows:
12 (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
13 Sec. 210. (a) The controlled substances listed in this
14 Section are included in Schedule IV.
15 (b) Unless specifically excepted or unless listed in
16 another schedule, any material, compound, mixture, or
17 preparation containing limited quantities of any of the
18 following narcotic drugs, or their salts calculated as the
19 free anhydrous base or alkaloid, as set forth below:
20 (1) Not more than 1 milligram of difenoxin (DEA Drug
21 Code No. 9618) and not less than 25 micrograms of atropine
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1 sulfate per dosage unit.
2 (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
3 2-diphenyl-3-methyl-2-propionoxybutane).
4 (c) Unless specifically excepted or unless listed in
5 another schedule, any material, compound, mixture, or
6 preparation which contains any quantity of the following
7 substances having a potential for abuse associated with a
8 depressant effect on the central nervous system:
9 (1) Alprazolam;
10 (2) Barbital;
11 (2.1) Bromazepam;
12 (2.2) Camazepam;
13 (3) Chloral Betaine;
14 (4) Chloral Hydrate;
15 (5) Chlordiazepoxide;
16 (5.1) Clobazam;
17 (6) Clonazepam;
18 (7) Clorazepate;
19 (7.1) Clotiazepam;
20 (7.2) Cloxazolam;
21 (7.3) Delorazepam;
22 (8) Diazepam;
23 (8.1) Estazolam;
24 (9) Ethchlorvynol;
25 (10) Ethinamate;
26 (10.1) Ethyl loflazepate;
27 (10.2) Fludiazepam;
28 (10.3) Flunitrazepam;
29 (11) Flurazepam;
30 (12) Halazepam;
31 (12.1) Haloxazolam;
32 (12.2) Ketazolam;
33 (12.3) Loprazolam;
34 (13) Lorazepam;
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1 (13.1) Lormetazepam;
2 (14) Mebutamate;
3 (14.1) Medazepam;
4 (15) Meprobamate;
5 (16) Methohexital;
6 (17) Methylphenobarbital (Mephobarbital);
7 (17.1) Midazolam;
8 (17.2) Nimetazepam;
9 (17.3) Nitrazepam;
10 (17.4) Nordiazepam;
11 (18) Oxazepam;
12 (18.1) Oxazolam;
13 (19) Paraldehyde;
14 (20) Petrichloral;
15 (21) Phenobarbital;
16 (21.1) Pinazepam;
17 (22) Prazepam;
18 (22.1) Quazepam;
19 (23) Temazepam;
20 (23.1) Tetrazepam;
21 (24) Triazolam;
22 (25) Zolpidam.
23 (d) Any material, compound, mixture, or preparation
24 which contains any quantity of the following substances,
25 including its salts, isomers (whether optical, position, or
26 geometric), and salts of such isomers, whenever the existence
27 of such salts, isomers and salts of isomers is possible:
28 (1) Fenfluramine.
29 (e) Unless specifically excepted or unless listed in
30 another schedule any material, compound, mixture, or
31 preparation which contains any quantity of the following
32 substances having a stimulant effect on the central nervous
33 system, including its salts, isomers (whether optical,
34 position or geometric), and salts of such isomers whenever
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1 the existence of such salts, isomers, and salts of isomers is
2 possible within the specific chemical designation:
3 (1) Cathine ((+)-norpseudoephedrine);
4 (1.1) Diethylpropion;
5 (1.2) Fencamfamin;
6 (1.3) Fenproporex;
7 (2) Mazindol;
8 (2.1) Mefenorex;
9 (3) Phentermine;
10 (4) Pemoline (including organometallic complexes and
11 chelates thereof);
12 (5) Pipradrol;
13 (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane).
14 (f) The Department may except by rule any compound,
15 mixture, or preparation containing any depressant substance
16 listed in subsection (b) from the application of all or any
17 part of this Act if the compound, mixture, or preparation
18 contains one or more active medicinal ingredients not having
19 a depressant effect on the central nervous system, and if the
20 admixtures are included therein in combinations, quantity,
21 proportion, or concentration that vitiate the potential for
22 abuse of the substances which have a depressant effect on the
23 central nervous system.
24 (g) Except as otherwise provided in Section 216, any
25 material, compound, mixture, or preparation that contains any
26 quantity of the following substance having a stimulant effect
27 on the central nervous system, including its salts,
28 enantiomers (optical isomers) and salts of enantiomers
29 (optical isomers):
30 (1) Ephedrine, its salts, optical isomers and salts
31 of optical isomers as the only active medicinal
32 ingredient or in combination with therapeutically
33 insignificant quantities of another active medicinal
34 ingredient.
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1 (Source: P.A. 89-202, eff. 10-1-95.)
2 (720 ILCS 570/216 new)
3 Sec. 216. Ephedrine.
4 (a) The following drug products containing ephedrine,
5 its salts, optical isomers and salts of optical isomers shall
6 be exempt from the application of Sections 312 and 313 of
7 this Act if they: (i) may lawfully be sold over-the-counter
8 without a prescription under the Federal Food, Drug, and
9 Cosmetic Act; (ii) are labeled and marketed in a manner
10 consistent with Section 341.76 of Title 21 of the Code of
11 Federal Regulations; (iii) are manufactured and distributed
12 for legitimate medicinal use in a manner that reduces or
13 eliminates the likelihood of abuse; and (iv) are not
14 marketed, advertised, or labeled for the indications of
15 stimulation, mental alertness, weight loss, muscle
16 enhancement, appetite control, or energy:
17 (1) Solid oral dosage forms, including soft gelatin
18 caplets, which are formulated pursuant to 21 CFR 341 or
19 its successor, and packaged in blister packs of not more
20 than 2 tablets per blister.
21 (2) Anorectal preparations containing not more than
22 5% ephedrine.
23 (b) The marketing, advertising, or labeling of any
24 product containing ephedrine, a salt of ephedrine, an optical
25 isomer of ephedrine, or a salt of an optical isomer of
26 ephedrine, for the indications of stimulation, mental
27 alertness, weight loss, appetite control, or energy, is
28 prohibited. In determining compliance with this requirement
29 the Department may consider the following factors:
30 (1) The packaging of the drug product;
31 (2) The name and labeling of the product;
32 (3) The manner of distribution, advertising, and
33 promotion of the product;
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1 (4) Verbal representations made concerning the
2 product;
3 (5) The duration, scope, and significance of abuse
4 or misuse of the particular product.
5 (c) A violation of this Section is a Class A
6 misdemeanor. A second or subsequent violation of this
7 Section is a Class 4 felony.
8 (720 ILCS 570/401.5)
9 Sec. 401.5. Chemical breakdown of illicit controlled
10 substance.
11 (a) It is unlawful for any person to manufacture a
12 controlled substance prohibited by this Act by chemically
13 deriving the controlled substance from one or more other
14 controlled substances prohibited by this Act.
15 (a-5) It is unlawful for any person to possess any
16 substance, or its salts, optical isomers, or salts of optical
17 isomers with the intent to use the substance as a precursor
18 to any controlled substance, other than as authorized by this
19 Act.
20 (b) A violation of this Section is a Class 3 4 felony.
21 (Source: P.A. 88-283.)".