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Public Act 097-0872
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| HB5233 Enrolled | LRB097 20167 RPM 65645 b |
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Food, Drug and Cosmetic Act is |
amended by changing Sections 2.4, 3.22, 5, and 6 as follows:
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(410 ILCS 620/2.4) (from Ch. 56 1/2, par. 502.4)
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Sec. 2.4.
(a) "Drug" means (1) articles recognized in the |
official United
States Pharmacopoeia - National Formulary, |
official Homeopathic Pharmacopoeia
of the United
States, |
United States Dispensatory, or Remington's Practice of |
Pharmacy,
or any supplement to any of them; and (2)
articles |
intended for use in the diagnosis, cure, mitigation, treatment |
or
prevention of disease in man or other animals; and (3) |
articles (other than
food) intended to affect the structure or |
any function of the body of man
or other animals; and (4) |
articles intended for use as a component of any
article |
specified in clause (1), (2) or (3); but does not include |
devices
or their components, parts or accessories.
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(b) "Synthetic drug product" means any product that |
contains a substance defined as a controlled substance under |
subsections (d) and (e) of Section 204 of the Illinois |
Controlled Substances Act. Products approved by the U.S. Food |
and Drug Administration for human consumption are not synthetic |
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drug products. |
(Source: P.A. 84-891.)
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(410 ILCS 620/3.22) (from Ch. 56 1/2, par. 503.22)
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Sec. 3.22.
(a) Whoever knowingly distributes, or possesses |
with intent to
distribute, human growth hormone for any use in |
humans other than the
treatment of a disease or other |
recognized medical condition, where the use
has been authorized |
by the Secretary of Health and Human Services and under
the |
order of a physician, is guilty of a Class 3 felony, and may be |
fined
an amount not to exceed $50,000. As used in this Section, |
the term "human growth hormone" means somatrem, somatropin, or |
an analogue of either of them.
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(b) Whoever distributes, or possesses with intent to |
distribute, a synthetic drug product or a drug that is |
misbranded under this Act is guilty of a Class 2 felony and may |
be fined an amount not to exceed $100,000. A person convicted |
of a second or subsequent violation of this Section is guilty |
of a Class 1 felony, the fine for which shall not exceed |
$250,000. |
(c) Whoever falsely advertises a synthetic drug product is |
guilty of a Class 3 felony and may be fined an amount not to |
exceed $100,000. |
(d) Whoever commits any offense set forth in this Section |
and the offense
involves an individual under 18 years of age is |
punishable by not more than
10 years imprisonment, and twice |
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the fine authorized above. Any conviction
for a violation of |
this Section shall be considered a violation of the
Illinois |
Controlled Substances Act for the purposes of forfeiture under
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Section 505 of such Act. As used in this Section the term |
"human growth
hormone" means somatrem, somatropin, or an |
analogue of either of them. The
Department of State Police and |
Department of Professional Regulation are
authorized to |
investigate offenses punishable by this Section.
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(e) Any person convicted under this Section is subject to |
the forfeiture provisions set forth in subsections (c), (d), |
(e), (f), (g), (h), and (i) of Section 3.23 of this Act. |
(Source: P.A. 87-754.)
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(410 ILCS 620/5) (from Ch. 56 1/2, par. 505)
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Sec. 5.
(a) A person who violates any of the provisions of |
this Act,
other than Sections 3.22 and 6, is guilty of a Class |
C misdemeanor; but if
the violation is committed after a |
conviction of such person under this
Section has become final, |
the person shall be guilty of a Class A
misdemeanor. A person |
who violates the provisions of Section 6 of this Act
is guilty |
of a Class A misdemeanor; but if the violation is committed |
after
a conviction of such person under this Section has become |
final, the person
shall be guilty of a Class 4 felony.
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(b) No person is subject to the penalties of subsection (a) |
of this
Section for (1) violating Section 3.1 or 3.3 if he |
establishes a guaranty or
undertaking signed by and containing |
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the name and address of the person
residing in the State of |
Illinois from whom he received the article in good
faith, to |
the effect that the article is not adulterated or misbranded
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within the meaning of this Act, designating this Act; or (2) |
for having
violated clause (2) of Section 3.16 if such person |
acted in good faith and
had no reason to believe that the use |
of the punch, die, plate, stone or
other thing involved would |
result in a drug being a counterfeit drug, or
for having |
violated clause (3) of Section 3.16 if the person doing the act
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or causing it to be done acted in good faith and had no reason |
to believe
that the drug was a counterfeit drug.
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(c) No publisher, radio-broadcast licensee, agency or |
medium for the
dissemination of an advertisement, except the |
manufacturer, packer,
distributor or seller of the article to |
which a false advertisement relates
is liable under this |
Section for the dissemination of such false
advertisement |
unless he has refused on the request of the Director to
furnish |
the Director the name and post office address of the |
manufacturer,
packer, distributor, seller or advertising |
agency residing in the State of
Illinois who causes him to |
disseminate such advertisement.
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(d) No person shall be subject to the penalties of |
subsection (a) of
this Section for a violation of Section 3 |
involving misbranded food if the
violation exists solely |
because the food is misbranded under subsection
(c) of Section |
11 because of its advertising, and no person shall be
subject |
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to the penalties of subsection (a) of this Section for such a
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violation unless the violation is committed with the intent to |
defraud
or mislead.
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(Source: P.A. 86-704; 87-754.)
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(410 ILCS 620/6) (from Ch. 56 1/2, par. 506)
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Sec. 6.
(a) When an authorized agent of the Director finds |
or has probable
cause to believe that any food, drug, device or |
cosmetic is adulterated or
so misbranded as to be dangerous or |
fraudulent within the meaning of this
Act, or is in violation |
of Section 12, 17 or 17.1 of this Act, or is suspected to be a |
synthetic drug product, he or she
shall affix to such article a |
tag or other appropriate marking
giving notice that the article |
is or is suspected of being adulterated or
misbranded and has |
been detained or embargoed and warning all persons not
to |
remove or dispose of such article by sale or otherwise until |
permission
for removal or disposal is given by such agent or |
the court. It is unlawful
for any person to remove or dispose |
of such detained or embargoed article
by sale or otherwise |
without such permission.
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(b) When an article detained or embargoed under subsection |
(a) of this
Section is found by such agent to be adulterated or |
misbranded or to be
in violation of Section 12, 17 or 17.1 of |
this Act or is suspected to be a synthetic drug product,
he or |
she shall petition the
circuit court in whose jurisdiction the |
article is detained or embargoed
for a libel for condemnation |
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of such article. When such agent finds that an
article so |
detained or embargoed is not adulterated or misbranded or is |
not a synthetic drug product, he or
she shall remove the tag or |
other marking.
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(c) If the court finds that a detained or embargoed article |
is
adulterated or misbranded, such article shall, after entry |
of the judgment, be
destroyed at the expense of the claimant |
thereof, under the supervision
of such agent, and all court |
costs and fees, and storage and other proper
expenses, shall be |
taxed against the claimant of such article or his or her
agent. |
However, when the adulteration or misbranding can be corrected |
by proper
labeling or processing of the article, the court, |
after entry of the judgment
and after such costs, fees and |
expenses have been paid and a good and
sufficient bond, |
conditioned that such article shall be so labeled or
processed, |
has been executed, may by order direct that such article be
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delivered to the claimant thereof for such labeling or |
processing under the
supervision of an agent of the Director. |
The expense of such supervision
shall be paid by the claimant. |
The article shall be returned to the claimant
and the bond |
shall be discharged on the representation to the court by the
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Director that the article is no longer in violation of this |
Act, and that
the expenses of such supervision have been paid.
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(d) Whenever the Director or any of his or her authorized |
agents finds
in any room, building, vehicle of transportation |
or other structure, any
meat, sea food, poultry, vegetable, |
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fruit or other perishable articles
which contain any filthy, |
decomposed or putrid substance, or that may be
poisonous or |
deleterious to health or otherwise unsafe, the same being
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hereby declared to be a nuisance, the Director or his or her |
authorized
agent shall condemn or destroy the same, or in any |
other manner render the
same unusable as human food.
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(Source: P.A. 85-564.)
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Section 10. The Illinois Controlled Substances Act is |
amended by changing Section 204 as follows:
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(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204) |
Sec. 204. (a) The controlled substances listed in this |
Section are
included in Schedule I. |
(b) Unless specifically excepted or unless listed in |
another
schedule, any of the following opiates, including their |
isomers,
esters, ethers, salts, and salts of isomers, esters, |
and ethers,
whenever the existence of such isomers, esters, |
ethers and salts is
possible within the specific chemical |
designation: |
(1) Acetylmethadol; |
(1.1) Acetyl-alpha-methylfentanyl |
(N-[1-(1-methyl-2-phenethyl)-
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4-piperidinyl]-N-phenylacetamide); |
(2) Allylprodine; |
(3) Alphacetylmethadol, except
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levo-alphacetylmethadol (also known as levo-alpha-
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acetylmethadol, levomethadyl acetate, or LAAM); |
(4) Alphameprodine; |
(5) Alphamethadol; |
(6) Alpha-methylfentanyl
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(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
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propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
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propanilido) piperidine; |
(6.1) Alpha-methylthiofentanyl
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(N-[1-methyl-2-(2-thienyl)ethyl-
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4-piperidinyl]-N-phenylpropanamide); |
(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP); |
(7.1) PEPAP
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(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); |
(8) Benzethidine; |
(9) Betacetylmethadol; |
(9.1) Beta-hydroxyfentanyl
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(N-[1-(2-hydroxy-2-phenethyl)-
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4-piperidinyl]-N-phenylpropanamide); |
(10) Betameprodine; |
(11) Betamethadol; |
(12) Betaprodine; |
(13) Clonitazene; |
(14) Dextromoramide; |
(15) Diampromide; |
(16) Diethylthiambutene; |
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(17) Difenoxin; |
(18) Dimenoxadol; |
(19) Dimepheptanol; |
(20) Dimethylthiambutene; |
(21) Dioxaphetylbutyrate; |
(22) Dipipanone; |
(23) Ethylmethylthiambutene; |
(24) Etonitazene; |
(25) Etoxeridine; |
(26) Furethidine; |
(27) Hydroxpethidine; |
(28) Ketobemidone; |
(29) Levomoramide; |
(30) Levophenacylmorphan; |
(31) 3-Methylfentanyl
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(N-[3-methyl-1-(2-phenylethyl)-
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4-piperidyl]-N-phenylpropanamide); |
(31.1) 3-Methylthiofentanyl
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(N-[(3-methyl-1-(2-thienyl)ethyl-
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4-piperidinyl]-N-phenylpropanamide); |
(32) Morpheridine; |
(33) Noracymethadol; |
(34) Norlevorphanol; |
(35) Normethadone; |
(36) Norpipanone; |
(36.1) Para-fluorofentanyl
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(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
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4-piperidinyl]propanamide); |
(37) Phenadoxone; |
(38) Phenampromide; |
(39) Phenomorphan; |
(40) Phenoperidine; |
(41) Piritramide; |
(42) Proheptazine; |
(43) Properidine; |
(44) Propiram; |
(45) Racemoramide; |
(45.1) Thiofentanyl
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(N-phenyl-N-[1-(2-thienyl)ethyl-
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4-piperidinyl]-propanamide); |
(46) Tilidine; |
(47) Trimeperidine; |
(48) Beta-hydroxy-3-methylfentanyl (other name:
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N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
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N-phenylpropanamide). |
(c) Unless specifically excepted or unless listed in |
another
schedule, any of the following opium derivatives, its |
salts, isomers
and salts of isomers, whenever the existence of |
such salts, isomers and
salts of isomers is possible within the |
specific chemical designation: |
(1) Acetorphine; |
(2) Acetyldihydrocodeine; |
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(3) Benzylmorphine; |
(4) Codeine methylbromide; |
(5) Codeine-N-Oxide; |
(6) Cyprenorphine; |
(7) Desomorphine; |
(8) Diacetyldihydromorphine (Dihydroheroin); |
(9) Dihydromorphine; |
(10) Drotebanol; |
(11) Etorphine (except hydrochloride salt); |
(12) Heroin; |
(13) Hydromorphinol; |
(14) Methyldesorphine; |
(15) Methyldihydromorphine; |
(16) Morphine methylbromide; |
(17) Morphine methylsulfonate; |
(18) Morphine-N-Oxide; |
(19) Myrophine; |
(20) Nicocodeine; |
(21) Nicomorphine; |
(22) Normorphine; |
(23) Pholcodine; |
(24) Thebacon. |
(d) Unless specifically excepted or unless listed in |
another
schedule, any material, compound, mixture, or |
preparation which contains
any quantity of the following |
hallucinogenic substances, or which
contains any of its salts, |
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isomers and salts of isomers, whenever the
existence of such |
salts, isomers, and salts of isomers is possible
within the |
specific chemical designation (for the purposes of this
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paragraph only, the term "isomer" includes the optical, |
position and
geometric isomers): |
(1) 3,4-methylenedioxyamphetamine
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(alpha-methyl,3,4-methylenedioxyphenethylamine,
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methylenedioxyamphetamine, MDA); |
(1.1) Alpha-ethyltryptamine
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(some trade or other names: etryptamine;
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MONASE; alpha-ethyl-1H-indole-3-ethanamine;
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3-(2-aminobutyl)indole; a-ET; and AET); |
(2) 3,4-methylenedioxymethamphetamine (MDMA); |
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
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(also known as: N-ethyl-alpha-methyl-
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3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
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and MDEA); |
(2.2) N-Benzylpiperazine (BZP); |
(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); |
(4) 3,4,5-trimethoxyamphetamine (TMA); |
(5) (Blank); |
(6) Diethyltryptamine (DET); |
(7) Dimethyltryptamine (DMT); |
(7.1) 5-Methoxy-diallyltryptamine; |
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP); |
(9) Ibogaine (some trade and other names:
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7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
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6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
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indole; Tabernanthe iboga); |
(10) Lysergic acid diethylamide; |
(10.1) Salvinorin A; |
(10.5) Salvia divinorum (meaning all parts of the plant |
presently classified
botanically as Salvia divinorum, |
whether growing or not, the
seeds thereof, any extract from |
any part of that plant, and every compound,
manufacture, |
salts, isomers, and salts of
isomers whenever the existence |
of such salts, isomers, and salts of
isomers is possible |
within the specific chemical designation, derivative, |
mixture, or preparation of that plant, its
seeds or |
extracts);
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(11) 3,4,5-trimethoxyphenethylamine (Mescaline); |
(12) Peyote (meaning all parts of the plant presently |
classified
botanically as Lophophora williamsii
Lemaire, |
whether growing or not, the
seeds thereof, any extract from |
any part of that plant, and every compound,
manufacture, |
salts, derivative, mixture, or preparation of that plant, |
its
seeds or extracts); |
(13) N-ethyl-3-piperidyl benzilate (JB 318); |
(14) N-methyl-3-piperidyl benzilate; |
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
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(also known as N-hydroxy-alpha-methyl-
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3,4(methylenedioxy)phenethylamine and N-hydroxy MDA); |
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(15) Parahexyl; some trade or other names:
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3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
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dibenzo (b,d) pyran; Synhexyl; |
(16) Psilocybin; |
(17) Psilocyn; |
(18) Alpha-methyltryptamine (AMT); |
(19) 2,5-dimethoxyamphetamine
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(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); |
(20) 4-bromo-2,5-dimethoxyamphetamine
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(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
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4-bromo-2,5-DMA); |
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
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Some trade or other names: 2-(4-bromo-
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2,5-dimethoxyphenyl)-1-aminoethane;
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alpha-desmethyl DOB, 2CB, Nexus; |
(21) 4-methoxyamphetamine
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(4-methoxy-alpha-methylphenethylamine;
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paramethoxyamphetamine; PMA); |
(22) (Blank); |
(23) Ethylamine analog of phencyclidine.
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Some trade or other names:
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N-ethyl-1-phenylcyclohexylamine,
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(1-phenylcyclohexyl) ethylamine,
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N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE; |
(24) Pyrrolidine analog of phencyclidine. Some trade |
or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, |
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PHP; |
(25) 5-methoxy-3,4-methylenedioxy-amphetamine; |
(26) 2,5-dimethoxy-4-ethylamphetamine
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(another name: DOET); |
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
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(another name: TCPy); |
(28) (Blank); |
(29) Thiophene analog of phencyclidine (some trade
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or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
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2-thienyl analog of phencyclidine; TPCP; TCP); |
(30) Bufotenine (some trade or other names:
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3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
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3-(2-dimethylaminoethyl)-5-indolol;
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5-hydroxy-N,N-dimethyltryptamine;
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N,N-dimethylserotonin; mappine); |
(31) 1-Pentyl-3-(1-naphthoyl)indole |
Some trade or other names: JWH-018; |
(32) 1-Butyl-3-(1-naphthoyl)indole |
Some trade or other names: JWH-073; |
(33) 1-[(5-fluoropentyl)-1H-indol-3-yl]- |
(2-iodophenyl)methanone |
Some trade or other names: AM-694; |
(34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- |
(2-methyloctan-2-yl)phenol |
Some trade or other names: CP 47,497 47, 497 |
and its C6, C8 and C9 homologs; |
|
(34.5) (33) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- |
(2-methyloctan-2-yl)phenol), where side chain n=5; |
and homologues where side chain n=4, 6, or 7; Some |
trade or other names: CP 47,497; |
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- |
(2-methyloctan-2-yl)-6a,7, |
10,10a-tetrahydrobenzo[c]chromen-1-ol |
Some trade or other names: HU-210; |
(35.5) (34) (6aS,10aS)-9-(hydroxymethyl)-6,6- |
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- |
tetrahydrobenzo[c]chromen-1-ol, its isomers, |
salts, and salts of isomers; Some trade or other |
names: HU-210, Dexanabinol; |
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)- |
6,6-dimethyl-3-(2-methyloctan-2-yl)- |
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol |
Some trade or other names: HU-211; |
(37) (2-methyl-1-propyl-1H-indol- |
3-yl)-1-naphthalenyl-methanone |
Some trade or other names: JWH-015; |
(38) 4-methoxynaphthalen-1-yl- |
(1-pentylindol-3-yl)methanone |
Some trade or other names: JWH-081; |
(39) (1-Pentyl-3-(4-methyl-1-naphthoyl)indole |
Some trade or other names: JWH-122; |
(40) 2-(2-methylphenyl)-1-(1-pentyl- |
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1H-indol-3-yl)-ethanone |
Some trade or other names: JWH-251; |
(41) 1-(2-cyclohexylethyl)-3- |
(2-methoxyphenylacetyl)indole |
Some trade or other names: RCS-8, BTW-8 and SR-18; . |
(42) (33) Any compound structurally derived from |
3-(1-naphthoyl)indole or 1H-indol-3-yl- |
(1-naphthyl)methane by substitution at the |
nitrogen atom of the indole ring by alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl or |
2-(4-morpholinyl)ethyl whether or not further |
substituted in the indole ring to any extent, whether |
or not substituted in the naphthyl ring to any extent; |
(43) (34) Any compound structurally derived from |
3-(1-naphthoyl)pyrrole by substitution at the nitrogen |
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, |
cycloalkylmethyl, cycloalkylethyl or |
2-(4-morpholinyl)ethyl, whether or not further |
substituted in the pyrrole ring to any extent, whether |
or not substituted in the naphthyl ring to any extent; |
(44) (35) Any compound structurally derived from |
1-(1-naphthylmethyl)indene by substitution |
at the 3-position of the indene ring by alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl or |
2-(4-morpholinyl)ethyl whether or not further |
substituted in the indene ring to any extent, whether |
|
or not substituted in the naphthyl ring to any extent; |
(45) (36) Any compound structurally derived from |
3-phenylacetylindole by substitution at the |
nitrogen atom of the indole ring with alkyl, haloalkyl, |
alkenyl, cycloalkylmethyl, cycloalkylethyl or |
2-(4-morpholinyl)ethyl, whether or not further |
substituted in the indole ring to any extent, whether |
or not substituted in the phenyl ring to any extent; |
(46) (37) Any compound structurally derived from |
2-(3-hydroxycyclohexyl)phenol by substitution |
at the 5-position of the phenolic ring by alkyl, |
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl |
or 2-(4-morpholinyl)ethyl, whether or not substituted |
in the cyclohexyl ring to any extent; . |
(47) (33) 3,4-Methylenedioxymethcathinone |
Some trade or other names: Methylone; |
(48) (34) 3,4-Methyenedioxypyrovalerone |
Some trade or other names: MDPV; |
(49) (35) 4-Methylmethcathinone |
Some trade or other names: Mephedrone; |
(50) (36) 4-methoxymethcathinone; |
(51) (37) 4-Fluoromethcathinone; |
(52) (38) 3-Fluoromethcathinone; . |
(53) (35) 2,5-Dimethoxy-4-(n)-propylthio- |
phenethylamine; |
(54) (36) 5-Methoxy-N,N-diisopropyltryptamine; . |
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(55) Pentedrone. |
(e) Unless specifically excepted or unless listed in |
another
schedule, any material, compound, mixture, or |
preparation which contains
any quantity of the following |
substances having a depressant effect on
the central nervous |
system, including its salts, isomers, and salts of
isomers |
whenever the existence of such salts, isomers, and salts of
|
isomers is possible within the specific chemical designation: |
(1) mecloqualone; |
(2) methaqualone; and |
(3) gamma hydroxybutyric acid. |
(f) Unless specifically excepted or unless listed in |
another schedule,
any material, compound, mixture, or |
preparation which contains any quantity
of the following |
substances having a stimulant effect on the central nervous
|
system, including its salts, isomers, and salts of isomers: |
(1) Fenethylline; |
(2) N-ethylamphetamine; |
(3) Aminorex (some other names:
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2-amino-5-phenyl-2-oxazoline; aminoxaphen;
|
4-5-dihydro-5-phenyl-2-oxazolamine) and its
|
salts, optical isomers, and salts of optical isomers; |
(4) Methcathinone (some other names:
|
2-methylamino-1-phenylpropan-1-one;
|
Ephedrone; 2-(methylamino)-propiophenone;
|
alpha-(methylamino)propiophenone; N-methylcathinone;
|
|
methycathinone; Monomethylpropion; UR 1431) and its
|
salts, optical isomers, and salts of optical isomers; |
(5) Cathinone (some trade or other names:
|
2-aminopropiophenone; alpha-aminopropiophenone;
|
2-amino-1-phenyl-propanone; norephedrone); |
(6) N,N-dimethylamphetamine (also known as:
|
N,N-alpha-trimethyl-benzeneethanamine;
|
N,N-alpha-trimethylphenethylamine); |
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
|
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine); |
(8) 3,4-Methylenedioxypyrovalerone (MDPV). |
(g) Temporary listing of substances subject to emergency |
scheduling.
Any material, compound, mixture, or preparation |
that contains any quantity
of the following substances: |
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
|
(benzylfentanyl), its optical isomers, isomers, salts,
|
and salts of isomers; |
(2) N-[1(2-thienyl)
|
methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
|
its optical isomers, salts, and salts of isomers. |
(Source: P.A. 96-347, eff. 1-1-10; 96-1285, eff. 1-1-11; |
97-192, eff. 7-22-11; 97-193, eff. 1-1-12; 97-194, eff. |
7-22-11; 97-334, eff. 1-1-12; revised 9-14-11.)
|
Section 15. The Drug Paraphernalia Control Act is amended |
by changing Section 2 as follows:
|
|
(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
|
Sec. 2. As used in this Act, unless the context otherwise |
requires:
|
(a) The term "cannabis" shall have the meaning ascribed to |
it in Section
3 of the Cannabis Control Act, as if that |
definition were incorporated
herein.
|
(b) The term "controlled substance" shall have the meaning |
ascribed to
it in Section 102 of the Illinois Controlled |
Substances Act, as if that
definition were incorporated herein.
|
(c) "Deliver" or "delivery" means the actual, constructive |
or attempted
transfer of possession, with or without |
consideration, whether or not there
is an agency relationship.
|
(d) "Drug paraphernalia" means all equipment, products and |
materials of
any kind, other than methamphetamine |
manufacturing materials as defined in Section 10 of the |
Methamphetamine Control and Community Protection Act, which |
are intended to be used unlawfully in planting, propagating,
|
cultivating, growing, harvesting, manufacturing, compounding,
|
converting, producing, processing, preparing, testing, |
analyzing, packaging,
repackaging, storing, containing, |
concealing, injecting, ingesting, inhaling
or otherwise |
introducing into the human body cannabis or a controlled |
substance
in violation of the Cannabis Control Act, the |
Illinois Controlled
Substances
Act, or the Methamphetamine |
Control and Community Protection Act or a synthetic drug |
|
product or misbranded drug in violation of the Illinois Food, |
Drug and Cosmetic Act. It
includes, but is not limited to:
|
(1) kits intended to be used unlawfully in |
manufacturing, compounding,
converting,
producing, |
processing or preparing cannabis or a controlled |
substance;
|
(2) isomerization devices intended to be used |
unlawfully in increasing
the potency of any species of |
plant which is cannabis or a controlled
substance;
|
(3) testing equipment intended to be used unlawfully in |
a private home for
identifying
or in analyzing the |
strength, effectiveness or purity of cannabis or |
controlled
substances;
|
(4) diluents and adulterants intended to be used |
unlawfully for cutting
cannabis
or a controlled substance |
by private persons;
|
(5) objects intended to be used unlawfully in |
ingesting, inhaling,
or otherwise introducing cannabis, |
cocaine, hashish, or hashish oil, or a synthetic drug |
product or misbranded drug in violation of the Illinois |
Food, Drug and Cosmetic Act into
the human body including, |
where applicable, the following items:
|
(A) water pipes;
|
(B) carburetion tubes and devices;
|
(C) smoking and carburetion masks;
|
(D) miniature cocaine spoons and cocaine vials;
|