Illinois General Assembly - Full Text of Public Act 094-0800
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Public Act 094-0800




Public Act 094-0800
HB4300 Enrolled LRB094 12962 RLC 47811 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 201 and 206 and by adding Section
218 as follows:
    (720 ILCS 570/201)  (from Ch. 56 1/2, par. 1201)
    Sec. 201. (a) The Department shall carry out the provisions
of this Article. The Department or its successor agency may add
substances to or delete or reschedule all controlled substances
in the Schedules of Sections 204, 206, 208, 210 and 212 of this
Act. In making a determination regarding the addition,
deletion, or rescheduling of a substance, the Department shall
consider the following:
        (1) the actual or relative potential for abuse;
        (2) the scientific evidence of its pharmacological
    effect, if known;
        (3) the state of current scientific knowledge
    regarding the substance;
        (4) the history and current pattern of abuse;
        (5) the scope, duration, and significance of abuse;
        (6) the risk to the public health;
        (7) the potential of the substance to produce
    psychological or physiological dependence;
        (8) whether the substance is an immediate precursor of
    a substance already controlled under this Article;
        (9) the immediate harmful effect in terms of
    potentially fatal dosage; and
        (10) the long-range effects in terms of permanent
    health impairment.
    (b) (Blank).
    (c) (Blank).
    (d) If any substance is scheduled, rescheduled, or deleted
as a controlled substance under Federal law and notice thereof
is given to the Department, the Department shall similarly
control the substance under this Act after the expiration of 30
days from publication in the Federal Register of a final order
scheduling a substance as a controlled substance or
rescheduling or deleting a substance, unless within that 30 day
period the Department objects, or a party adversely affected
files with the Department substantial written objections
objecting to inclusion, rescheduling, or deletion. In that
case, the Department shall publish the reasons for objection or
the substantial written objections and afford all interested
parties an opportunity to be heard. At the conclusion of the
hearing, the Department shall publish its decision, by means of
a rule, which shall be final unless altered by statute. Upon
publication of objections by the Department, similar control
under this Act whether by inclusion, rescheduling or deletion
is stayed until the Department publishes its ruling.
    (e) The Department shall by rule exclude any non-narcotic
substances from a schedule if such substance may, under the
Federal Food, Drug, and Cosmetic Act, be lawfully sold over the
counter without a prescription.
    (f) The sale, delivery, distribution, and possession of a
drug product containing dextromethorphan shall be in
accordance with Section 218 of this Act. Dextromethorphan shall
not be deemed to be included in any schedule by reason of
enactment of this title unless controlled after the date of
such enactment pursuant to the foregoing provisions of this
    (g) Authority to control under this section does not extend
to distilled spirits, wine, malt beverages, or tobacco as those
terms are defined or used in the Liquor Control Act and the
Tobacco Products Tax Act.
    (h) Persons registered with the Drug Enforcement
Administration to manufacture or distribute controlled
substances shall maintain adequate security and provide
effective controls and procedures to guard against theft and
diversion, but shall not otherwise be required to meet the
physical security control requirements (such as cage or vault)
for Schedule V controlled substances containing
pseudoephedrine or Schedule II controlled substances
containing dextromethorphan.
(Source: P.A. 91-714, eff. 6-2-00.)
    (720 ILCS 570/206)  (from Ch. 56 1/2, par. 1206)
    Sec. 206. (a) The controlled substances listed in this
Section are included in Schedule II.
    (b) Unless specifically excepted or unless listed in
another schedule, any of the following substances whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by combination of extraction and chemical
        (1) Opium and opiates, and any salt, compound,
    derivative or preparation of opium or opiate, excluding
    apomorphine, dextrorphan, levopropoxyphene, nalbuphine,
    nalmefene, naloxone, and naltrexone, and their respective
    salts, but including the following:
            (i) Raw Opium;
            (ii) Opium extracts;
            (iii) Opium fluid extracts;
            (iv) Powdered opium;
            (v) Granulated opium;
            (vi) Tincture of opium;
            (vii) Codeine;
            (viii) Ethylmorphine;
            (ix) Etorphine Hydrochloride;
            (x) Hydrocodone;
            (xi) Hydromorphone;
            (xii) Metopon;
            (xiii) Morphine;
            (xiv) Oxycodone;
            (xv) Oxymorphone;
            (xvi) Thebaine;
            (xvii) Thebaine-derived butorphanol.
            (xviii) Dextromethorphan subject to Section 218 of
        this Act.
        (2) Any salt, compound, isomer, derivative or
    preparation thereof which is chemically equivalent or
    identical with any of the substances referred to in
    subparagraph (1), but not including the isoquinoline
    alkaloids of opium;
        (3) Opium poppy and poppy straw;
        (4) Coca leaves and any salt, compound, isomer, salt of
    an isomer, derivative, or preparation of coca leaves
    including cocaine or ecgonine, and any salt, compound,
    isomer, derivative, or preparation thereof which is
    chemically equivalent or identical with any of these
    substances, but not including decocainized coca leaves or
    extractions of coca leaves which do not contain cocaine or
    ecgonine (for the purpose of this paragraph, the term
    "isomer" includes optical, positional and geometric
        (5) Concentrate of poppy straw (the crude extract of
    poppy straw in either liquid, solid or powder form which
    contains the phenanthrine alkaloids of the opium poppy).
    (c) Unless specifically excepted or unless listed in
another schedule any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, whenever
the existence of these isomers, esters, ethers and salts is
possible within the specific chemical designation, dextrorphan
        (1) Alfentanil;
        (1.1) Carfentanil;
        (2) Alphaprodine;
        (3) Anileridine;
        (4) Bezitramide;
        (5) Bulk Dextropropoxyphene (non-dosage forms);
        (6) Dihydrocodeine;
        (7) Diphenoxylate;
        (8) Fentanyl;
        (9) Sufentanil;
        (9.5) Remifentanil;
        (10) Isomethadone;
        (11) Levomethorphan;
        (12) Levorphanol (Levorphan);
        (13) Metazocine;
        (14) Methadone;
        (15) Methadone-Intermediate,
        (16) Moramide-Intermediate,
        (17) Pethidine (meperidine);
        (18) Pethidine-Intermediate-A,
        (19) Pethidine-Intermediate-B,
        (20) Pethidine-Intermediate-C,
    1-methyl-4-phenylpiperidine-4-carboxylic acid;
        (21) Phenazocine;
        (22) Piminodine;
        (23) Racemethorphan;
        (24) Racemorphan;
        (25) Levo-alphacetylmethadol (some other names:
    levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
    (d) 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
        (1) Amphetamine, its salts, optical isomers, and salts
    of its optical isomers;
        (2) Methamphetamine, its salts, isomers, and salts of
    its isomers;
        (3) Phenmetrazine and its salts;
        (4) Methylphenidate.
    (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) Amobarbital;
        (2) Secobarbital;
        (3) Pentobarbital;
        (4) Pentazocine;
        (5) Phencyclidine;
        (6) Gluthethimide;
        (7) (Blank).
    (f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
        (1) Immediate precursor to amphetamine and
            (i) Phenylacetone
        Some trade or other names: phenyl-2-propanone;
        P2P; benzyl methyl ketone; methyl benzyl ketone.
        (2) Immediate precursors to phencyclidine:
            (i) l-phenylcyclohexylamine;
            (ii) l-piperidinocyclohexanecarbonitrile (PCC).
        (3) Nabilone.
(Source: P.A. 91-714, eff. 6-2-00.)
    (720 ILCS 570/218 new)
    Sec. 218. Dextromethorphan.
    (a) A drug product containing dextromethorphan may not be
sold, delivered, distributed, or possessed except in
accordance with the prescription requirements of Sections 309,
312, and 313 of this Act.
    (b) Possession of a drug product containing
dextromethorphan in violation of this Section is a Class 4
felony. The sale, delivery, distribution, or possession with
intent to sell, deliver, or distribute a drug product
containing dextromethorphan in violation of this Section is a
Class 2 felony.
    (c) This Section does not apply to a drug product
containing dextromethorphan that is sold in solid, tablet,
liquid, capsule, powder, thin film, or gel form and which is
formulated, packaged, and sold in dosages and concentrations
for use as an over-the-counter drug product. For the purposes
of this Section, "over-the-counter drug product" means a drug
that is available to consumers without a prescription and sold
in compliance with the safety and labeling standards as set
forth by the United States Food and Drug Administration.

Effective Date: 1/1/2007