State of Illinois
91st General Assembly
Legislation

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91_HB2347enr

 
HB2347 Enrolled                                LRB9104643ACtm

 1        AN ACT to amend the Illinois Controlled Substances Act by
 2    changing Sections 401 and 402.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois  Controlled  Substances  Act  is
 6    amended by changing Sections 401 and 402 as follows:

 7        (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
 8        Sec.  401.  Except  as  authorized  by  this  Act,  it is
 9    unlawful for any person knowingly to manufacture or  deliver,
10    or   possess   with  intent  to  manufacture  or  deliver,  a
11    controlled or counterfeit substance or  controlled  substance
12    analog.   A violation of this Act with respect to each of the
13    controlled substances listed herein constitutes a single  and
14    separate  violation  of  this  Act.   For  purposes  of  this
15    Section,  "controlled  substance  analog" or "analog" means a
16    substance which is intended for human consumption, other than
17    a  controlled  substance,  that  has  a  chemical   structure
18    substantially  similar  to  that of a controlled substance in
19    Schedule I or  II,  or  that  was  specifically  designed  to
20    produce   an  effect  substantially  similar  to  that  of  a
21    controlled substance  in  Schedule  I  or  II.   Examples  of
22    chemical  classes  in  which controlled substance analogs are
23    found  include,  but  are  not  limited  to,  the  following:
24    phenethylamines,   N-substituted   piperidines,   morphinans,
25    ecgonines,   quinazolinones,   substituted    indoles,    and
26    arylcycloalkylamines.  For purposes of this Act, a controlled
27    substance  analog  shall be treated in the same manner as the
28    controlled substance to which it is substantially similar.
29        (a)  Any person who violates this Section with respect to
30    the following amounts of controlled or counterfeit substances
31    or controlled substance analogs, notwithstanding any  of  the
 
HB2347 Enrolled             -2-                LRB9104643ACtm
 1    provisions  of  subsections (c), (d), (e), (f), (g) or (h) to
 2    the contrary, is guilty of a Class  X  felony  and  shall  be
 3    sentenced  to  a  term  of  imprisonment  as provided in this
 4    subsection (a) and fined as provided in subsection (b):
 5             (1) (A)  not less than 6 years and not more than  30
 6             years with respect to 15 grams or more but less than
 7             100  grams  of  a substance containing heroin, or an
 8             analog thereof;
 9                  (B)  not less than 9 years and not more than 40
10             years with respect to 100 grams  or  more  but  less
11             than  400 grams of a substance containing heroin, or
12             an analog thereof;
13                  (C)  not less than 12 years and not  more  than
14             50  years with respect to 400 grams or more but less
15             than 900 grams of a substance containing heroin,  or
16             an analog thereof;
17                  (D)  not  less  than 15 years and not more than
18             60 years with respect to 900 grams or  more  of  any
19             substance containing heroin, or an analog thereof;

20             (2) (A)  not  less than 6 years and not more than 30
21             years with respect to 15 grams or more but less than
22             100 grams of a substance containing cocaine,  or  an
23             analog thereof;
24                  (B)  not less than 9 years and not more than 40
25             years  with  respect  to  100 grams or more but less
26             than 400 grams of a substance containing cocaine, or
27             an analog thereof;
28                  (C)  not less than 12 years and not  more  than
29             50  years with respect to 400 grams or more but less
30             than 900 grams of a substance containing cocaine, or
31             an analog thereof;
32                  (D)  not less than 15 years and not  more  than
33             60  years  with  respect to 900 grams or more of any
34             substance containing cocaine, or an analog thereof;
 
HB2347 Enrolled             -3-                LRB9104643ACtm
 1             (3) (A)  not less than 6 years and not more than  30
 2             years with respect to 15 grams or more but less than
 3             100  grams of a substance containing morphine, or an
 4             analog thereof;
 5                  (B)  not less than 9 years and not more than 40
 6             years with respect to 100 grams  or  more  but  less
 7             than  400  grams of a substance containing morphine,
 8             or an analog thereof;
 9                  (C)  not less than 12 years and not  more  than
10             50  years with respect to 400 grams or more but less
11             than 900 grams of a substance  containing  morphine,
12             or an analog thereof;
13                  (D)  not  less  than 15 years and not more than
14             60 years with respect to 900  grams  or  more  of  a
15             substance containing morphine, or an analog thereof;
16             (4)  200  grams  or more of any substance containing
17        peyote, or an analog thereof;
18             (5)  200 grams or more of any substance containing a
19        derivative of barbituric acid or any of the  salts  of  a
20        derivative of barbituric acid, or an analog thereof;
21             (6)  200  grams  or more of any substance containing
22        amphetamine  or  any  salt  of  an  optical   isomer   of
23        amphetamine, or an analog thereof;
24             (6.5) (A)  not  less  than 6 years and not more than
25             30 years with respect to 15 grams or more  but  less
26             than   100   grams   of   a   substance   containing
27             methamphetamine  or any salt of an optical isomer of
28             methamphetamine, or an analog thereof;
29                  (B)  not less than 9 6 years and not more  than
30             40  years with respect to 100 grams or more but less
31             than   400   grams   of   a   substance   containing
32             methamphetamine or any salt of an optical isomer  of
33             methamphetamine, or an analog thereof;
34                  (C)  not less than 12 6 years and not more than
 
HB2347 Enrolled             -4-                LRB9104643ACtm
 1             50  years with respect to 400 grams or more but less
 2             than   900   grams   of   a   substance   containing
 3             methamphetamine or any salt of an optical isomer  of
 4             methamphetamine, or an analog thereof;
 5                  (D)  not less than 15 6 years and not more than
 6             60  years  with  respect to 900 grams or more of any
 7             substance containing methamphetamine or any salt  of
 8             an  optical  isomer of methamphetamine, or an analog
 9             thereof.
10             (7) (A)  not less than 6 years and not more than  30
11             years with respect to: (i) 15 grams or more but less
12             than  100  grams  of a substance containing lysergic
13             acid diethylamide (LSD), or an  analog  thereof,  or
14             (ii)  15  or  more  objects or 15 or more segregated
15             parts of an object or  objects  but  less  than  200
16             objects  or  200  segregated  parts  of an object or
17             objects containing in them or having upon  them  any
18             amounts  of  any  substance containing lysergic acid
19             diethylamide (LSD), or an analog thereof;
20                  (B)  not less than 9 years and not more than 40
21             years with respect to: (i) 100  grams  or  more  but
22             less  than  400  grams  of  a  substance  containing
23             lysergic  acid  diethylamide  (LSD),  or  an  analog
24             thereof,  or (ii) 200 or more objects or 200 or more
25             segregated parts of an object or  objects  but  less
26             than  600  objects or less than 600 segregated parts
27             of an object or objects containing in them or having
28             upon them any amount  of  any  substance  containing
29             lysergic  acid  diethylamide  (LSD),  or  an  analog
30             thereof;
31                  (C)  not  less  than 12 years and not more than
32             50 years with respect to: (i) 400 grams or more  but
33             less  than  900  grams  of  a  substance  containing
34             lysergic  acid  diethylamide  (LSD),  or  an  analog
 
HB2347 Enrolled             -5-                LRB9104643ACtm
 1             thereof,  or (ii) 600 or more objects or 600 or more
 2             segregated parts of an object or  objects  but  less
 3             than  1500  objects  or  1500 segregated parts of an
 4             object or objects containing in them or having  upon
 5             them any amount of any substance containing lysergic
 6             acid diethylamide (LSD), or an analog thereof;
 7                  (D)  not  less  than 15 years and not more than
 8             60 years with respect to: (i) 900 grams or  more  of
 9             any  substance containing lysergic acid diethylamide
10             (LSD), or an analog thereof, or (ii)  1500  or  more
11             objects  or  1500  or  more  segregated  parts of an
12             object or objects containing in them or having  upon
13             them  any  amount of a substance containing lysergic
14             acid diethylamide (LSD), or an analog thereof;
15             (8)  30 grams or more of  any  substance  containing
16        pentazocine  or  any  of  the salts, isomers and salts of
17        isomers of pentazocine, or an analog thereof;
18             (9)  30 grams or more of  any  substance  containing
19        methaqualone  or  any  of the salts, isomers and salts of
20        isomers of methaqualone, or an analog thereof;
21             (10)  30  grams   or   more   of    any    substance
22        containing   phencyclidine or any of the  salts,  isomers
23        and  salts  of  isomers  of phencyclidine  (PCP),  or  an
24        analog  thereof;
25             (10.5)  30 grams or more of any substance containing
26        ketamine  or  any  of  the  salts,  isomers  and salts of
27        isomers of ketamine, or an analog thereof;
28             (11)  200 grams or more of any substance  containing
29        any  other controlled substance classified in Schedules I
30        or II, or an  analog  thereof,  which  is  not  otherwise
31        included in this subsection.
32        (b)  Any  person  sentenced with respect to violations of
33    paragraph (1), (2), (3), (6.5),  or  (7)  of  subsection  (a)
34    involving 100 grams or more of the controlled substance named
 
HB2347 Enrolled             -6-                LRB9104643ACtm
 1    therein,  may  in addition to the penalties provided therein,
 2    be fined an amount not more than $500,000 or the full  street
 3    value   of   the   controlled  or  counterfeit  substance  or
 4    controlled substance analog, whichever is greater.  The  term
 5    "street  value"  shall  have  the meaning ascribed in Section
 6    110-5 of the Code of Criminal Procedure of 1963.  Any  person
 7    sentenced  with  respect to any other provision of subsection
 8    (a), may in addition to the penalties  provided  therein,  be
 9    fined an amount not to exceed $500,000.
10        (c)  Any  person who violates this Section with regard to
11    the following amounts of controlled or counterfeit substances
12    or controlled substance analogs, notwithstanding any  of  the
13    provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
14    to the contrary, is guilty of a Class 1 felony.  The fine for
15    violation  of  this  subsection  (c)  shall  not be more than
16    $250,000:
17             (1)  10 or more grams but less than 15 grams of  any
18        substance containing heroin, or an analog thereof;
19             (2)  1  gram  or  more but less than 15 grams of any
20        substance containing cocaine, or an analog thereof;
21             (3)  10 grams or more but less than 15 grams of  any
22        substance containing morphine, or an analog thereof;
23             (4)  50 grams or more but less than 200 grams of any
24        substance containing peyote, or an analog thereof;
25             (5)  50 grams or more but less than 200 grams of any
26        substance  containing  a derivative of barbituric acid or
27        any of the salts of a derivative of barbituric  acid,  or
28        an analog thereof;
29             (6)  50 grams or more but less than 200 grams of any
30        substance  containing  amphetamine  or  any  salt  of  an
31        optical isomer of amphetamine, or an analog thereof;
32             (6.5)  5 grams or more but less than 15 grams of any
33        substance  containing  methamphetamine  or  any  salt  or
34        optical isomer of methamphetamine, or an analog thereof;
 
HB2347 Enrolled             -7-                LRB9104643ACtm
 1             (7)  (i)  5  grams or more but less than 15 grams of
 2        any  substance  containing  lysergic  acid   diethylamide
 3        (LSD), or an analog thereof, or (ii) more than 10 objects
 4        or  more than 10 segregated parts of an object or objects
 5        but less than 15 objects or less than 15 segregated parts
 6        of an object containing in them or having upon  them  any
 7        amount   of   any   substance  containing  lysergic  acid
 8        diethylamide (LSD), or an analog thereof;
 9             (8)  10 grams or more but less than 30 grams of  any
10        substance  containing  pentazocine  or  any of the salts,
11        isomers and salts of isomers of pentazocine, or an analog
12        thereof;
13             (9)  10 grams or more but less than 30 grams of  any
14        substance  containing  methaqualone  or any of the salts,
15        isomers and salts  of  isomers  of  methaqualone,  or  an
16        analog thereof;
17             (10)  10 grams or more but less than 30 grams of any
18        substance  containing  phencyclidine or any of the salts,
19        isomers and salts of isomers of phencyclidine  (PCP),  or
20        an analog thereof;
21             (10.5)  10  grams  or more but less than 30 grams of
22        any substance containing ketamine or any  of  the  salts,
23        isomers  and  salts  of isomers of ketamine, or an analog
24        thereof;
25             (11)  50 grams or more but less than  200  grams  of
26        any   substance  containing  a  substance  classified  in
27        Schedules I or II, or an analog  thereof,  which  is  not
28        otherwise included in this subsection.
29        (d)  Any  person who violates this Section with regard to
30    any other amount of a  controlled  or  counterfeit  substance
31    classified  in Schedules I or II, or an analog thereof, which
32    is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
33    or an analog  thereof,  or  (iii)  any  substance  containing
34    amphetamine  or methamphetamine or any salt or optical isomer
 
HB2347 Enrolled             -8-                LRB9104643ACtm
 1    of amphetamine or methamphetamine, or an analog  thereof,  is
 2    guilty  of  a  Class 2 felony. The fine for violation of this
 3    subsection (d) shall not be more than $200,000.
 4        (e)  Any person who violates this Section with regard  to
 5    any  other  amount  of  a controlled or counterfeit substance
 6    classified in Schedule I or II, or an analog  thereof,  which
 7    substance  is  not  included  under  subsection  (d)  of this
 8    Section, is  guilty  of  a  Class  3  felony.  The  fine  for
 9    violation  of  this  subsection  (e)  shall  not be more than
10    $150,000.
11        (f)  Any person who violates this Section with regard  to
12    any  other  amount  of  a controlled or counterfeit substance
13    classified in Schedule III is guilty of a Class 3 felony. The
14    fine for violation of this subsection (f) shall not  be  more
15    than $125,000.
16        (g)  Any  person who violates this Section with regard to
17    any other amount of a  controlled  or  counterfeit  substance
18    classified  in Schedule IV is guilty of a Class 3 felony. The
19    fine for violation of this subsection (g) shall not  be  more
20    than $100,000.
21        (h)  Any  person who violates this Section with regard to
22    any other amount of a  controlled  or  counterfeit  substance
23    classified  in  Schedule V is guilty of a Class 3 felony. The
24    fine for violation of this subsection (h) shall not  be  more
25    than $75,000.
26        (i)  This  Section  does  not  apply  to the manufacture,
27    possession or distribution of a substance in conformance with
28    the provisions of an approved  new  drug  application  or  an
29    exemption  for  investigational  use  within  the  meaning of
30    Section 505 of the Federal Food, Drug and Cosmetic Act.
31    (Source: P.A. 89-404, eff.  8-20-95;  90-382,  eff.  8-15-97;
32    90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)

33        (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
 
HB2347 Enrolled             -9-                LRB9104643ACtm
 1        Sec. 402.  Except as otherwise authorized by this Act, it
 2    is  unlawful for any person knowingly to possess a controlled
 3    or counterfeit  substance.  A  violation  of  this  Act  with
 4    respect  to  each  of the controlled substances listed herein
 5    constitutes a single and separate violation of this Act.
 6        (a)  Any person who violates this Section with respect to
 7    the  following  controlled  or  counterfeit  substances   and
 8    amounts, notwithstanding any of the provisions of subsections
 9     subsection (c) and (d) to the contrary, is guilty of a Class
10    1  felony  and shall, if sentenced to a term of imprisonment,
11    be sentenced as provided in this subsection (a) and fined  as
12    provided in subsection (b):
13             (1) (A)  not  less than 4 years and not more than 15
14             years with respect to 15 grams or more but less than
15             100 grams of a substance containing heroin;
16                  (B)  not less than 6 years and not more than 30
17             years with respect to 100 grams  or  more  but  less
18             than 400 grams of a substance containing heroin;
19                  (C)  not less than 8 years and not more than 40
20             years  with  respect  to  400 grams or more but less
21             than 900 grams of any substance containing heroin;
22                  (D)  not less than 10 years and not  more  than
23             50  years  with  respect to 900 grams or more of any
24             substance containing heroin;

25             (2) (A)  not less than 4 years and not more than  15
26             years with respect to 15 grams or more but less than
27             100 grams of any substance containing cocaine;
28                  (B)  not less than 6 years and not more than 30
29             years  with  respect  to  100 grams or more but less
30             than 400 grams of any substance containing cocaine;
31                  (C)  not less than 8 years and not more than 40
32             years with respect to 400 grams  or  more  but  less
33             than 900 grams of any substance containing cocaine;
34                  (D)  not  less  than 10 years and not more than
 
HB2347 Enrolled             -10-               LRB9104643ACtm
 1             50 years with respect to 900 grams or  more  of  any
 2             substance containing cocaine;

 3             (3) (A)  not  less than 4 years and not more than 15
 4             years with respect to 15 grams or more but less than
 5             100 grams of any substance containing morphine;
 6                  (B)  not less than 6 years and not more than 30
 7             years with respect to 100 grams  or  more  but  less
 8             than 400 grams of any substance containing morphine;
 9                  (C)  not less than 6 years and not more than 40
10             years  with  respect  to  400 grams or more but less
11             than 900 grams of any substance containing morphine;
12                  (D)  not less than 10 years and not  more  than
13             50  years  with  respect to 900 grams or more of any
14             substance containing morphine;
15             (4)  200 grams or more of any  substance  containing
16        peyote;
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;
20             (6)  200 grams or more of any  substance  containing
21        amphetamine   or   any  salt  of  an  optical  isomer  of
22        amphetamine;
23             (6.5)  (A)  not less than 4 years and not more  than
24             15  years  with respect to 15 grams or more but less
25             than   100   grams   of   a   substance   containing
26             methamphetamine or any salt of an optical isomer  of
27             methamphetamine;
28                  (B)  not less than 6 years and not more than 30
29             years  with  respect  to  100 grams or more but less
30             than   400   grams   of   a   substance   containing
31             methamphetamine or any salt of an optical isomer  of
32             methamphetamine;
33                  (C)  not  less than 8 6 years and not more than
34             40 years with respect to 400 grams or more but  less
 
HB2347 Enrolled             -11-               LRB9104643ACtm
 1             than   900   grams   of   a   substance   containing
 2             methamphetamine  or any salt of an optical isomer of
 3             methamphetamine;
 4                  (D)  not less than 10 6 years and not more than
 5             50 years with respect to 900 grams or  more  of  any
 6             substance  containing methamphetamine or any salt of
 7             an optical isomer of methamphetamine;
 8             (7) (A)  not less than 4 years and not more than  15
 9             years with respect to: (i) 15 grams or more but less
10             than  100 grams of any substance containing lysergic
11             acid diethylamide (LSD), or an  analog  thereof,  or
12             (ii)  15  or  more  objects or 15 or more segregated
13             parts of an object or  objects  but  less  than  200
14             objects  or  200  segregated  parts  of an object or
15             objects containing in them or having upon  them  any
16             amount  of  any  substance  containing lysergic acid
17             diethylamide (LSD), or an analog thereof;
18                  (B)  not less than 6 years and not more than 30
19             years with respect to: (i) 100  grams  or  more  but
20             less  than  400  grams  of  any substance containing
21             lysergic  acid  diethylamide  (LSD),  or  an  analog
22             thereof, or (ii) 200 or more objects or 200 or  more
23             segregated  parts  of  an object or objects but less
24             than 600 objects or less than 600  segregated  parts
25             of an object or objects containing in them or having
26             upon  them  any  amount  of any substance containing
27             lysergic  acid  diethylamide  (LSD),  or  an  analog
28             thereof;
29                  (C)  not less than 8 years and not more than 40
30             years with respect to:  (i) 400 grams  or  more  but
31             less  than  900  grams  of  any substance containing
32             lysergic  acid  diethylamide  (LSD),  or  an  analog
33             thereof, or (ii) 600 or more objects or 600 or  more
34             segregated  parts  of  an object or objects but less
 
HB2347 Enrolled             -12-               LRB9104643ACtm
 1             than 1500 objects or 1500  segregated  parts  of  an
 2             object  or objects containing in them or having upon
 3             them any amount of any substance containing lysergic
 4             acid diethylamide (LSD), or an analog thereof;
 5                  (D)  not less than 10 years and not  more  than
 6             50  years with respect to:  (i) 900 grams or more of
 7             any substance containing lysergic acid  diethylamide
 8             (LSD),  or  an  analog thereof, or (ii) 1500 or more
 9             objects or 1500  or  more  segregated  parts  of  an
10             object  or objects containing in them or having upon
11             them any amount of a substance  containing  lysergic
12             acid diethylamide (LSD), or an analog thereof;
13             (8)  30  grams  or  more of any substance containing
14        pentazocine or any of the salts,  isomers  and  salts  of
15        isomers of pentazocine, or an analog thereof;
16             (9)  30  grams  or  more of any substance containing
17        methaqualone or any of the salts, isomers  and  salts  of
18        isomers of methaqualone;
19             (10)  30  grams  or more of any substance containing
20        phencyclidine or any of the salts, isomers and  salts  of
21        isomers of phencyclidine (PCP);
22             (10.5)  30 grams or more of any substance containing
23        ketamine  or  any  of  the  salts,  isomers  and salts of
24        isomers of ketamine;
25             (11)  200 grams or more of any substance  containing
26        any  substance classified as a narcotic drug in Schedules
27        I  or  II   which  is  not  otherwise  included  in  this
28        subsection.
29        (b)  Any person sentenced with respect to  violations  of
30    paragraph  (1),  (2),  (3),  (6.5)  or  (7) of subsection (a)
31    involving 100 grams or more of the controlled substance named
32    therein, may in addition to the penalties  provided  therein,
33    be  fined an amount not to exceed $200,000 or the full street
34    value of the controlled or counterfeit substances,  whichever
 
HB2347 Enrolled             -13-               LRB9104643ACtm
 1    is  greater.   The term "street value" shall have the meaning
 2    ascribed in Section 110-5 of the Code of  Criminal  Procedure
 3    of  1963.   Any  person  sentenced  with respect to any other
 4    provision of subsection (a), may in addition to the penalties
 5    provided therein, be fined an amount not to exceed $200,000.
 6        (c)  Any person who violates this Section with regard  to
 7    an  amount  of  a controlled or counterfeit substance not set
 8    forth in subsection (a) or (d) is guilty of a Class 4 felony.
 9    The fine for a violation punishable under this subsection (c)
10    shall not be more than $25,000.
11        (d)  Any person who violates this Section with regard  to
12    any  amount  of  anabolic  steroid  is  guilty  of  a Class C
13    misdemeanor for the first offense and a Class  B  misdemeanor
14    for  a subsequent offense committed within 2 years of a prior
15    conviction.
16    (Source: P.A. 89-404, eff.  8-20-95;  90-382,  eff.  8-15-97;
17    90-384,  eff.  1-1-98;  90-593,  eff.  6-19-98;  90-655, eff.
18    7-30-98; 90-674, eff. 1-1-99; revised 11-4-98.)

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