Illinois Controlled Substances Act As of February 5, 2010

CRIMINAL OFFENSES (720 ILCS 570/) Illinois Controlled Substances Act.

necessary resources to make this system (720 ILCS 570/Art. I heading) efficacious. ARTICLE I It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled (720 ILCS 570/100) (from Ch. 56 1/2, substances with the same severity as the par. 1100) large scale, unlawful purveyors and Sec. 100. Legislative intent. It is the intent traffickers of controlled substances. of the General Assembly, recognizing the However, it is recognized that persons who rising incidence in the abuse of drugs and violate this Act with respect to the other dangerous substances and its resultant manufacture, delivery, possession with damage to the peace, health, and welfare of intent to deliver, or possession of more than the citizens of Illinois, to provide a system one type of controlled substance listed of control over the distribution and use of herein may accordingly receive multiple controlled substances which will more convictions and sentences under each effectively: (1) limit access of such Section of this Act. To this end, guidelines substances only to those persons who have have been provided, along with a wide demonstrated an appropriate sense of latitude in sentencing discretion, to enable responsibility and have a lawful and the sentencing court to order penalties in legitimate reason to possess them; (2) deter each case which are appropriate for the the unlawful and destructive abuse of purposes of this Act. controlled substances; (3) penalize most (Source: P.A. 89 404, eff. 8 20 95; 90 593, heavily the illicit traffickers or profiteers of eff. 6 19 98.) controlled substances, who propagate and perpetuate the abuse of such substances with reckless disregard for its consumptive (720 ILCS 570/101) (from Ch. 56 1/2, consequences upon every element of par. 1101) society; (4) acknowledge the functional and Sec. 101. consequential differences between the This Act shall be known as and may be various types of controlled substances and cited as the "Illinois Controlled Substances provide for correspondingly different Act." degrees of control over each of the various (Source: P. A. 77 757.) types; (5) unify where feasible and codify the efforts of this State to conform with the regulatory systems of the Federal (720 ILCS 570/102) (from Ch. 56 1/2, government and other states to establish par. 1102) national coordination of efforts to control Sec. 102. Definitions. As used in this Act, the abuse of controlled substances; and (6) unless the context otherwise requires: provide law enforcement authorities with the (a) "Addict" means any person who habitually uses any drug, chemical, (viii) fluoxymesterone, substance or dangerous drug other than (ix) formebulone, alcohol so as to endanger the public morals, (x) mesterolone, health, safety or welfare or who is so far (xi) methandienone, addicted to the use of a dangerous drug or (xii) methandranone, controlled substance other than alcohol as to (xiii) methandriol, have lost the power of self control with (xiv) methandrostenolone, reference to his addiction. (xv) methenolone, (b) "Administer" means the direct (xvi) methyltestosterone, application of a controlled substance, (xvii) mibolerone, whether by injection, inhalation, ingestion, (xviii) nandrolone, or any other means, to the body of a patient, (xix) norethandrolone, research subject, or animal (as defined by (xx) oxandrolone, the Humane Euthanasia in Animal Shelters (xxi) oxymesterone, Act) by: (xxii) oxymetholone, (1) a practitioner (or, in his presence, (xxiii) stanolone, by his (xxiv) stanozolol, authorized agent), (xxv) testolactone, (xxvi) testosterone, (2) the patient or research subject at the (xxvii) trenbolone, and lawful (xxviii) any salt, ester, or isomer of a direction of the practitioner, or drug or substance described or listed in this (3) a euthanasia technician as defined paragraph, if that salt, ester, or isomer by the Humane promotes muscle growth. Euthanasia in Animal Shelters Act. Any person who is otherwise lawfully in (c) "Agent" means an authorized person possession of an anabolic steroid, or who who acts on behalf of or at the direction of a otherwise lawfully manufactures, manufacturer, distributor, or dispenser. It distributes, dispenses, delivers, or possesses does not include a common or contract with intent to deliver an anabolic steroid, carrier, public warehouseman or employee which anabolic steroid is expressly intended of the carrier or warehouseman. for and lawfully allowed to be administered (c 1) "Anabolic Steroids" means any drug through implants to livestock or other or hormonal substance, chemically and nonhuman species, and which is approved pharmacologically related to testosterone by the Secretary of Health and Human (other than estrogens, progestins, and Services for such administration, and which corticosteroids) that promotes muscle the person intends to administer or have growth, and includes: administered through such implants, shall (i) boldenone, not be considered to be in unauthorized (ii) chlorotestosterone, possession or to unlawfully manufacture, (iii) chostebol, distribute, dispense, deliver, or possess with (iv) dehydrochlormethyltestosterone, intent to deliver such anabolic steroid for (v) dihydrotestosterone, purposes of this Act. (vi) drostanolone, (d) "Administration" means the Drug (vii) ethylestrenol, Enforcement Administration, United States Department of Justice, or its successor Federal Food, Drug, and Cosmetic Act (21 agency. U.S.C. 352 (d)); or (e) "Control" means to add a drug or other substance, or immediate precursor, to a (2) a drug which contains any quantity Schedule under Article II of this Act of (i) whether by transfer from another Schedule amphetamine or methamphetamine and or otherwise. any of their optical isomers; (ii) any salt of (f) "Controlled Substance" means a drug, amphetamine or methamphetamine or any substance, or immediate precursor in the salt of an optical isomer of amphetamine; or Schedules of Article II of this Act. (iii) any substance which the Department, (g) "Counterfeit substance" means a after investigation, has found to be, and by controlled substance, which, or the container rule designated as, habit forming because of or labeling of which, without authorization its depressant or stimulant effect on the bears the trademark, trade name, or other central nervous system; or identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, (3) lysergic acid diethylamide; or distributor, or dispenser other than the (4) any drug which contains any person who in fact manufactured, quantity of a distributed, or dispensed the substance. substance which the Department, after (h) "Deliver" or "delivery" means the investigation, has found to have, and by rule actual, constructive or attempted transfer of designated as having, a potential for abuse possession of a controlled substance, with or because of its depressant or stimulant effect without consideration, whether or not there on the central nervous system or its is an agency relationship. hallucinogenic effect. (i) "Department" means the Illinois Department of Human Services (as (n) (Blank). successor to the Department of Alcoholism (o) "Director" means the Director of the and Substance Abuse) or its successor Department of State Police or the agency. Department of Professional Regulation or (j) "Department of State Police" means his designated agents. the Department of State Police of the State (p) "Dispense" means to deliver a of Illinois or its successor agency. controlled substance to an ultimate user or (k) "Department of Corrections" means research subject by or pursuant to the lawful the Department of Corrections of the State order of a prescriber, including the of Illinois or its successor agency. prescribing, administering, packaging, (l) "Department of Professional labeling, or compounding necessary to Regulation" means the Department of prepare the substance for that delivery. Professional Regulation of the State of (q) "Dispenser" means a practitioner who Illinois or its successor agency. dispenses. (m) "Depressant" or "stimulant substance" (r) "Distribute" means to deliver, other means: than by administering or dispensing, a (1) a drug which contains any quantity controlled substance. of (i) (s) "Distributor" means a person who barbituric acid or any of the salts of distributes. barbituric acid which has been designated as (t) "Drug" means (1) substances habit forming under section 502 (d) of the recognized as drugs in the official United States Pharmacopoeia, Official (1) lack of consistency of doctor patient Homeopathic Pharmacopoeia of the United States, or official National Formulary, or relationship, any supplement to any of them; (2) substances intended for use in diagnosis, (2) frequency of prescriptions for same cure, mitigation, treatment, or prevention of drug by one disease in man or animals; (3) substances prescriber for large numbers of patients, (other than food) intended to affect the structure of any function of the body of man (3) quantities beyond those normally or animals and (4) substances intended for prescribed, use as a component of any article specified (4) unusual dosages, in clause (1), (2), or (3) of this subsection. It (5) unusual geographic distances does not include devices or their between patient, components, parts, or accessories. pharmacist and prescriber, (t 5) "Euthanasia agency" means an entity certified by the Department of Professional (6) consistent prescribing of habit Regulation for the purpose of animal forming drugs. euthanasia that holds an animal control (u 1) "Home infusion services" means facility license or animal shelter license services provided by a pharmacy in under the Animal Welfare Act. A euthanasia compounding solutions for direct agency is authorized to purchase, store, administration to a patient in a private possess, and utilize Schedule II nonnarcotic residence, long term care facility, or hospice and Schedule III nonnarcotic drugs for the setting by means of parenteral, intravenous, sole purpose of animal euthanasia. intramuscular, subcutaneous, or intraspinal (t 10) "Euthanasia drugs" means Schedule infusion. II or Schedule III substances (nonnarcotic (v) "Immediate precursor" means a controlled substances) that are used by a substance: euthanasia agency for the purpose of animal (1) which the Department has found to euthanasia. be and by rule (u) "Good faith" means the prescribing or designated as being a principal dispensing of a controlled substance by a compound used, or produced primarily for practitioner in the regular course of use, in the manufacture of a controlled professional treatment to or for any person substance; who is under his treatment for a pathology or condition other than that individual's (2) which is an immediate chemical physical or psychological dependence upon intermediary used or addiction to a controlled substance, or likely to be used in the manufacture of except as provided herein: and application such controlled substance; and of the term to a pharmacist shall mean the dispensing of a controlled substance (3) the control of which is necessary to pursuant to the prescriber's order which in prevent, the professional judgment of the pharmacist curtail or limit the manufacture of such is lawful. The pharmacist shall be guided by controlled substance. accepted professional standards including, but not limited to the following, in making (w) "Instructional activities" means the the judgment: acts of teaching, educating or instructing by practitioners using controlled substances demand for money or other property as within educational facilities approved by the consideration, and whether the amount of State Board of Education or its successor the consideration was substantially greater agency. than the reasonable retail market value of (x) "Local authorities" means a duly the substance. organized State, County or Municipal peace unit or police force. Clause (1) of this subsection (y) shall not (y) "Look alike substance" means a apply to a noncontrolled substance in its substance, other than a controlled substance finished dosage form that was initially which (1) by overall dosage unit appearance, introduced into commerce prior to the initial including shape, color, size, markings or introduction into commerce of a controlled lack thereof, taste, consistency, or any other substance in its finished dosage form which identifying physical characteristic of the it may substantially resemble. substance, would lead a reasonable person to Nothing in this subsection (y) prohibits believe that the substance is a controlled the dispensing or distributing of substance, or (2) is expressly or impliedly noncontrolled substances by persons represented to be a controlled substance or authorized to dispense and distribute is distributed under circumstances which controlled substances under this Act, would lead a reasonable person to believe provided that such action would be deemed that the substance is a controlled substance. to be carried out in good faith under For the purpose of determining whether the subsection (u) if the substances involved representations made or the circumstances were controlled substances. of the distribution would lead a reasonable Nothing in this subsection (y) or in this person to believe the substance to be a Act prohibits the manufacture, preparation, controlled substance under this clause (2) of propagation, compounding, processing, subsection (y), the court or other authority packaging, advertising or distribution of a may consider the following factors in drug or drugs by any person registered addition to any other factor that may be pursuant to Section 510 of the Federal Food, relevant: Drug, and Cosmetic Act (21 U.S.C. 360). (a) statements made by the owner or (y 1) "Mail order pharmacy" means a person in control pharmacy that is located in a state of the of the substance concerning its nature, United States, other than Illinois, that use or effect; delivers, dispenses or distributes, through the United States Postal Service or other (b) statements made to the buyer or common carrier, to Illinois residents, any recipient that substance which requires a prescription. the substance may be resold for profit; (z) "Manufacture" means the production, preparation, propagation, compounding, (c) whether the substance is packaged conversion or processing of a controlled in a manner substance other than methamphetamine, normally used for the illegal distribution either directly or indirectly, by extraction of controlled substances; from substances of natural origin, or independently by means of chemical (d) whether the distribution or synthesis, or by a combination of extraction attempted and chemical synthesis, and includes any distribution included an exchange of or packaging or repackaging of the substance or labeling of its container, except that this coca leaves including cocaine or ecgonine, term does not include: and any salt, compound, isomer, derivative, (1) by an ultimate user, the preparation or preparation thereof which is chemically or equivalent or identical with any of these compounding of a controlled substance substances, but not including decocainized for his own use; or coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (2) by a practitioner, or his authorized (for the purpose of this paragraph, the term agent under "isomer" includes optical, positional and his supervision, the preparation, geometric isomers). compounding, packaging, or labeling of a controlled substance: (bb) "Nurse" means a registered nurse licensed under the Nurse Practice Act. (a) as an incident to his (cc) (Blank). administering or (dd) "Opiate" means any substance dispensing of a controlled substance in having an addiction forming or addiction the course of his professional practice; or sustaining liability similar to morphine or being capable of conversion into a drug (b) as an incident to lawful research, having addiction forming or addiction teaching sustaining liability. or chemical analysis and not for sale. (ee) "Opium poppy" means the plant of the species Papaver somniferum L., except (z 1) (Blank). its seeds. (aa) "Narcotic drug" means any of the (ff) "Parole and Pardon Board" means the following, whether produced directly or Parole and Pardon Board of the State of indirectly by extraction from substances of Illinois or its successor agency. natural origin, or independently by means of (gg) "Person" means any individual, chemical synthesis, or by a combination of corporation, mail order pharmacy, extraction and chemical synthesis: government or governmental subdivision or (1) opium and opiate, and any salt, agency, business trust, estate, trust, compound, partnership or association, or any other derivative, or preparation of opium or entity. opiate; (hh) "Pharmacist" means any person who holds a license or certificate of registration (2) any salt, compound, isomer, as a registered pharmacist, a local registered derivative, or pharmacist or a registered assistant preparation thereof which is chemically pharmacist under the Pharmacy Practice equivalent or identical with any of the Act. substances referred to in clause (1), but not (ii) "Pharmacy" means any store, ship or including the isoquinoline alkaloids of other place in which pharmacy is authorized opium; to be practiced under the Pharmacy Practice Act. (3) opium poppy and poppy straw; (jj) "Poppy straw" means all parts, except (4) coca leaves and any salts, the seeds, of the opium poppy, after compound, isomer, salt mowing. of an isomer, derivative, or preparation of (kk) "Practitioner" means a physician licensed to practice medicine in all its agreement required under Section 7.5 of the branches, dentist, optometrist, podiatrist, Physician Assistant Practice Act of 1987, or veterinarian, scientific investigator, of an advanced practice nurse with pharmacist, physician assistant, advanced prescriptive authority delegated under practice nurse, licensed practical nurse, Section 65 40 of the Nurse Practice Act who registered nurse, hospital, laboratory, or issues a prescription for a controlled pharmacy, or other person licensed, substance in accordance with Section registered, or otherwise lawfully permitted 303.05, a written delegation, and a written by the United States or this State to collaborative agreement under Section 65 35 distribute, dispense, conduct research with of the Nurse Practice Act. respect to, administer or use in teaching or (oo) "Production" or "produce" means chemical analysis, a controlled substance in manufacture, planting, cultivating, growing, the course of professional practice or or harvesting of a controlled substance other research. than methamphetamine. (ll) "Pre printed prescription" means a (pp) "Registrant" means every person written prescription upon which the who is required to register under Section designated drug has been indicated prior to 302 of this Act. the time of issuance. (qq) "Registry number" means the (mm) "Prescriber" means a physician number assigned to each person authorized licensed to practice medicine in all its to handle controlled substances under the branches, dentist, optometrist, podiatrist or laws of the United States and of this State. veterinarian who issues a prescription, a (rr) "State" includes the State of Illinois physician assistant who issues a prescription and any state, district, commonwealth, for a controlled substance in accordance territory, insular possession thereof, and any with Section 303.05, a written delegation, area subject to the legal authority of the and a written supervision agreement United States of America. required under Section 7.5 of the Physician (ss) "Ultimate user" means a person who Assistant Practice Act of 1987, or an lawfully possesses a controlled substance for advanced practice nurse with prescriptive his own use or for the use of a member of authority delegated under Section 65 40 of his household or for administering to an the Nurse Practice Act and in accordance animal owned by him or by a member of his with Section 303.05, a written delegation, household. and a written collaborative agreement under (Source: P.A. 95 242, eff. 1 1 08; 95 639, Section 65 35 of the Nurse Practice Act. eff. 10 5 07; 95 689, eff. 10 29 07; 95 876, (nn) "Prescription" means a lawful eff. 8 21 08; 96 189, eff. 8 10 09; 96 268, written, facsimile, or verbal order of a eff. 8 11 09.) physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian for any controlled substance, of (720 ILCS 570/103) (from Ch. 56 1/2, an optometrist for a Schedule III, IV, or V par. 1103) controlled substance in accordance with Sec. 103. Scope of Act. Nothing in this Section 15.1 of the Illinois Optometric Act limits the lawful authority granted by Practice Act of 1987, of a physician the Medical Practice Act of 1987, the Nurse assistant for a controlled substance in Practice Act, the Illinois Optometric accordance with Section 303.05, a written Practice Act of 1987, or the Pharmacy delegation, and a written supervision Practice Act. (Source: P.A. 95 242, eff. 1 1 08; 95 639, (9) the immediate harmful effect in eff. 10 5 07; 95 689, eff. 10 29 07; 95 876, terms of eff. 8 21 08.) potentially fatal dosage; and

(10) the long range effects in terms of (720 ILCS 570/Art. II heading) permanent ARTICLE II health impairment.

(b) (Blank). (720 ILCS 570/201) (from Ch. 56 1/2, (c) (Blank). par. 1201) (d) If any substance is scheduled, Sec. 201. (a) The Department shall carry rescheduled, or deleted as a controlled out the provisions of this Article. The substance under Federal law and notice Department or its successor agency may add thereof is given to the Department, the substances to or delete or reschedule all Department shall similarly control the controlled substances in the Schedules of substance under this Act after the expiration Sections 204, 206, 208, 210 and 212 of this of 30 days from publication in the Federal Act. In making a determination regarding Register of a final order scheduling a the addition, deletion, or rescheduling of a substance as a controlled substance or substance, the Department shall consider the rescheduling or deleting a substance, unless following: within that 30 day period the Department (1) the actual or relative potential for objects, or a party adversely affected files abuse; with the Department substantial written (2) the scientific evidence of its objections objecting to inclusion, pharmacological rescheduling, or deletion. In that case, the effect, if known; Department shall publish the reasons for objection or the substantial written (3) the state of current scientific objections and afford all interested parties knowledge an opportunity to be heard. At the regarding the substance; conclusion of the hearing, the Department shall publish its decision, by means of a (4) the history and current pattern of rule, which shall be final unless altered by abuse; statute. Upon publication of objections by (5) the scope, duration, and the Department, similar control under this significance of abuse; Act whether by inclusion, rescheduling or (6) the risk to the public health; deletion is stayed until the Department (7) the potential of the substance to publishes its ruling. produce (e) The Department shall by rule exclude psychological or physiological any non narcotic substances from a schedule dependence; if such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully (8) whether the substance is an sold over the counter without a prescription. immediate precursor (f) (Blank). of a substance already controlled under (g) Authority to control under this section this Article; does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in the Liquor Control listed in this Section are included in Act and the Tobacco Products Tax Act. Schedule I. (h) Persons registered with the Drug (b) Unless specifically excepted or unless Enforcement Administration to manufacture listed in another schedule, any of the or distribute controlled substances shall following opiates, including their isomers, maintain adequate security and provide esters, ethers, salts, and salts of isomers, effective controls and procedures to guard esters, and ethers, whenever the existence of against theft and diversion, but shall not such isomers, esters, ethers and salts is otherwise be required to meet the physical possible within the specific chemical security control requirements (such as cage designation: or vault) for Schedule V controlled (1) Acetylmethadol; substances containing pseudoephedrine or (1.1) Acetyl alpha methylfentanyl Schedule II controlled substances containing (N [1 (1 methyl 2 phenethyl) dextromethorphan. 4 piperidinyl] N phenylacetamide); (Source: P.A. 94 800, eff. 1 1 07; 94 1087, (2) Allylprodine; eff. 1 19 07; 95 331, eff. 8 21 07.) (3) Alphacetylmethadol, except levo alphacetylmethadol (also known as levo alpha (720 ILCS 570/202) (from Ch. 56 1/2, acetylmethadol, levomethadyl acetate, or par. 1202) LAAM); Sec. 202. (4) Alphameprodine; The controlled substances listed or to be (5) Alphamethadol; listed in the schedules in sections 204, 206, (6) Alpha methylfentanyl 208, 210 and 212 are included by whatever (N (1 alpha methyl beta phenyl) ethyl 4 official, common, usual, chemical, or trade piperidyl) name designated. propionanilide; 1 (1 methyl 2 (Source: P. A. 77 757.) phenylethyl) 4 (N propanilido) piperidine; (6.1) Alpha methylthiofentanyl (720 ILCS 570/203) (from Ch. 56 1/2, (N [1 methyl 2 (2 thienyl)ethyl par. 1203) 4 piperidinyl] N phenylpropanamide); Sec. 203. The Department shall issue a (7) 1 methyl 4 phenyl 4 rule scheduling a substance in Schedule I if propionoxypiperidine (MPPP); it finds that: (7.1) PEPAP (1) the substance has high potential for (1 (2 phenethyl) 4 phenyl 4 abuse; and acetoxypiperidine); (2) the substance has no currently (8) Benzethidine; accepted medical use in treatment in the (9) Betacetylmethadol; United States or lacks accepted safety for (9.1) Beta hydroxyfentanyl use in treatment under medical supervision. (N [1 (2 hydroxy 2 phenethyl) (Source: P.A. 83 969.) 4 piperidinyl] N phenylpropanamide); (10) Betameprodine; (11) Betamethadol; (720 ILCS 570/204) (from Ch. 56 1/2, (12) Betaprodine; par. 1204) (13) Clonitazene; Sec. 204. (a) The controlled substances (14) Dextromoramide; (15) Diampromide; N [1 (2 hydroxy 2 phenethyl) 3 methyl 4 (16) Diethylthiambutene; piperidinyl] (17) Difenoxin; N phenylpropanamide). (18) Dimenoxadol; (c) Unless specifically excepted or unless (19) Dimepheptanol; listed in another schedule, any of the (20) Dimethylthiambutene; following opium derivatives, its salts, (21) Dioxaphetylbutyrate; isomers and salts of isomers, whenever the (22) Dipipanone; existence of such salts, isomers and salts of (23) Ethylmethylthiambutene; isomers is possible within the specific (24) Etonitazene; chemical designation: (25) Etoxeridine; (1) Acetorphine; (26) Furethidine; (2) Acetyldihydrocodeine; (27) Hydroxpethidine; (3) Benzylmorphine; (28) Ketobemidone; (4) Codeine methylbromide; (29) Levomoramide; (5) Codeine N Oxide; (30) Levophenacylmorphan; (6) Cyprenorphine; (31) 3 Methylfentanyl (7) Desomorphine; (N [3 methyl 1 (2 phenylethyl) (8) Diacetyldihydromorphine 4 piperidyl] N phenylpropanamide); (Dihydroheroin); (31.1) 3 Methylthiofentanyl (9) Dihydromorphine; (N [(3 methyl 1 (2 thienyl)ethyl (10) Drotebanol; 4 piperidinyl] N phenylpropanamide); (11) Etorphine (except hydrochloride (32) Morpheridine; salt); (33) Noracymethadol; (12) Heroin; (34) Norlevorphanol; (13) Hydromorphinol; (35) Normethadone; (14) Methyldesorphine; (36) Norpipanone; (15) Methyldihydromorphine; (36.1) Para fluorofentanyl (16) Morphine methylbromide; (N (4 fluorophenyl) N [1 (2 phenethyl) (17) Morphine methylsulfonate; 4 piperidinyl]propanamide); (18) Morphine N Oxide; (37) Phenadoxone; (19) Myrophine; (38) Phenampromide; (20) Nicocodeine; (39) Phenomorphan; (21) Nicomorphine; (40) Phenoperidine; (22) Normorphine; (41) Piritramide; (23) Pholcodine; (42) Proheptazine; (24) Thebacon. (43) Properidine; (d) Unless specifically excepted or unless (44) Propiram; listed in another schedule, any material, (45) Racemoramide; compound, mixture, or preparation which (45.1) Thiofentanyl contains any quantity of the following (N phenyl N [1 (2 thienyl)ethyl hallucinogenic substances, or which 4 piperidinyl] propanamide); contains any of its salts, isomers and salts of (46) Tilidine; isomers, whenever the existence of such (47) Trimeperidine; salts, isomers, and salts of isomers is (48) Beta hydroxy 3 methylfentanyl possible within the specific chemical (other name: designation (for the purposes of this paragraph only, the term "isomer" includes salts, isomers, and salts of isomers is the optical, position and geometric isomers): possible within the specific chemical (1) 3,4 methylenedioxyamphetamine designation, derivative, mixture, or (alpha methyl,3,4 preparation of that plant, its seeds or methylenedioxyphenethylamine, extracts); methylenedioxyamphetamine, MDA); (1.1) Alpha ethyltryptamine (11) 3,4,5 trimethoxyphenethylamine (some trade or other names: etryptamine; (Mescaline); MONASE; alpha ethyl 1H indole 3 (12) Peyote (meaning all parts of the ethanamine; plant 3 (2 aminobutyl)indole; a ET; and AET); presently classified botanically as (2) 3,4 Lophophora williamsii Lemaire, whether methylenedioxymethamphetamine growing or not, the seeds thereof, any (MDMA); extract from any part of that plant, and every (2.1) 3,4 methylenedioxy N compound, manufacture, salts, derivative, ethylamphetamine mixture, or preparation of that plant, its (also known as: N ethyl alpha methyl seeds or extracts); 3,4(methylenedioxy) Phenethylamine, N ethyl MDA, MDE, (13) N ethyl 3 piperidyl benzilate (JB and MDEA); 318); (2.2) N Benzylpiperazine (BZP); (14) N methyl 3 piperidyl benzilate; (3) 3 methoxy 4,5 (14.1) N hydroxy 3,4 methylenedioxyamphetamine, (MMDA); methylenedioxyamphetamine (4) 3,4,5 trimethoxyamphetamine (also known as N hydroxy alpha methyl (TMA); 3,4(methylenedioxy)phenethylamine and (5) (Blank); N hydroxy MDA); (6) Diethyltryptamine (DET); (15) Parahexyl; some trade or other (7) Dimethyltryptamine (DMT); names: (8) 4 methyl 2,5 3 hexyl 1 hydroxy 7,8,9,10 tetrahydro dimethoxyamphetamine (DOM, STP); 6,6,9 trimethyl 6H (9) Ibogaine (some trade and other dibenzo (b,d) pyran; Synhexyl; names: (16) Psilocybin; 7 ethyl 6,6,beta,7,8,9,10,12,13 octahydro (17) Psilocyn; 2 methoxy (18) Alpha methyltryptamine (AMT); 6,9 methano 5H pyrido [1',2':1,2] azepino (19) 2,5 dimethoxyamphetamine [5,4 b] (2,5 dimethoxy alpha indole; Tabernanthe iboga); methylphenethylamine; 2,5 DMA); (10) Lysergic acid diethylamide; (20) 4 bromo 2,5 (10.5) Salvia divinorum (meaning all dimethoxyamphetamine parts of the (4 bromo 2,5 dimethoxy alpha plant presently classified botanically as methylphenethylamine; Salvia divinorum, whether growing or not, 4 bromo 2,5 DMA); the seeds thereof, any extract from any part (20.1) 4 Bromo 2,5 of that plant, and every compound, dimethoxyphenethylamine. manufacture, salts, isomers, and salts of Some trade or other names: 2 (4 bromo isomers whenever the existence of such 2,5 dimethoxyphenyl) 1 aminoethane; alpha desmethyl DOB, 2CB, Nexus; existence of such salts, isomers, and salts of (21) 4 methoxyamphetamine isomers is possible within the specific (4 methoxy alpha methylphenethylamine; chemical designation: paramethoxyamphetamine; PMA); (1) mecloqualone; (22) (Blank); (2) methaqualone; and (23) Ethylamine analog of (3) gamma hydroxybutyric acid. phencyclidine. (f) Unless specifically excepted or unless Some trade or other names: listed in another schedule, any material, N ethyl 1 phenylcyclohexylamine, compound, mixture, or preparation which (1 phenylcyclohexyl) ethylamine, contains any quantity of the following N (1 phenylcyclohexyl) ethylamine, substances having a stimulant effect on the cyclohexamine, PCE; central nervous system, including its salts, (24) Pyrrolidine analog of isomers, and salts of isomers: phencyclidine. Some (1) Fenethylline; trade or other names: 1 (1 (2) N ethylamphetamine; phenylcyclohexyl) pyrrolidine, PCPy, PHP; (3) Aminorex (some other names: 2 amino 5 phenyl 2 oxazoline; (25) 5 methoxy 3,4 methylenedioxy aminoxaphen; amphetamine; 4 5 dihydro 5 phenyl 2 oxazolamine) and (26) 2,5 dimethoxy 4 its ethylamphetamine salts, optical isomers, and salts of optical (another name: DOET); isomers; (27) 1 [1 (2 thienyl)cyclohexyl] (4) Methcathinone (some other names: pyrrolidine 2 methylamino 1 phenylpropan 1 one; (another name: TCPy); Ephedrone; 2 (methylamino) (28) (Blank); propiophenone; (29) Thiophene analog of alpha (methylamino)propiophenone; N phencyclidine (some trade methylcathinone; or other names: 1 [1 (2 thienyl) methycathinone; Monomethylpropion; cyclohexyl] piperidine; UR 1431) and its 2 thienyl analog of phencyclidine; TPCP; salts, optical isomers, and salts of optical TCP); isomers; (30) Bufotenine (some trade or other (5) Cathinone (some trade or other names: names: 3 (Beta Dimethylaminoethyl) 5 2 aminopropiophenone; alpha hydroxyindole; aminopropiophenone; 3 (2 dimethylaminoethyl) 5 indolol; 2 amino 1 phenyl propanone; 5 hydroxy N,N dimethyltryptamine; norephedrone); N,N dimethylserotonin; mappine). (6) N,N dimethylamphetamine (also (e) Unless specifically excepted or unless known as: listed in another schedule, any material, N,N alpha trimethyl benzeneethanamine; compound, mixture, or preparation which N,N alpha trimethylphenethylamine); contains any quantity of the following (7) (+ or ) cis 4 methylaminorex ((+ or substances having a depressant effect on the ) cis central nervous system, including its salts, 4,5 dihydro 4 methyl 4 5 phenyl 2 isomers, and salts of isomers whenever the oxazolamine). (g) Temporary listing of substances independently by means of chemical subject to emergency scheduling. Any synthesis, or by combination of extraction material, compound, mixture, or preparation and chemical synthesis: that contains any quantity of the following (1) Opium and opiates, and any salt, substances: compound, (1) N [1 benzyl 4 piperidyl] N derivative or preparation of opium or phenylpropanamide opiate, excluding apomorphine, (benzylfentanyl), its optical isomers, dextrorphan, levopropoxyphene, nalbuphine, isomers, salts, nalmefene, naloxone, and naltrexone, and and salts of isomers; their respective salts, but including the (2) N [1(2 thienyl) following: methyl 4 piperidyl] N phenylpropanamide (thenylfentanyl), (i) Raw Opium; its optical isomers, salts, and salts of (ii) Opium extracts; isomers. (iii) Opium fluid extracts; (Source: P.A. 95 239, eff. 1 1 08; 95 331, (iv) Powdered opium; eff. 8 21 07; 96 347, eff. 1 1 10.) (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (720 ILCS 570/205) (from Ch. 56 1/2, (viii) Ethylmorphine; par. 1205) (ix) Etorphine Hydrochloride; Sec. 205. The Department shall issue a (x) Hydrocodone; rule scheduling a substance in Schedule II if (xi) Hydromorphone; it finds that: (xii) Metopon; (1) the substance has high potential for (xiii) Morphine; abuse; (xiv) Oxycodone; (2) the substance has currently accepted (xv) Oxymorphone; medical use in treatment in the United (xvi) Thebaine; States, or currently accepted medical use (xvii) Thebaine derived butorphanol. with severe restrictions; and (xviii) Dextromethorphan, except (3) the abuse of the substance may lead to drug products severe psychological or physiological that may be dispensed pursuant to a dependence. prescription order of a practitioner and are (Source: P.A. 83 969.) sold in compliance with the safety and labeling standards as set forth by the United States Food and Drug Administration, or (720 ILCS 570/206) (from Ch. 56 1/2, drug products containing dextromethorphan par. 1206) that are sold in solid, tablet, liquid, capsule, Sec. 206. (a) The controlled substances powder, thin film, or gel form and which are listed in this Section are included in formulated, packaged, and sold in dosages Schedule II. and concentrations for use as an over the (b) Unless specifically excepted or unless counter drug product. For the purposes of listed in another schedule, any of the this Section, "over the counter drug product" following substances whether produced means a drug that is available to consumers directly or indirectly by extraction from without a prescription and sold in substances of vegetable origin, or compliance with the safety and labeling standards as set forth by the United States dosage forms); Food and Drug Administration. (6) Dihydrocodeine; (7) Diphenoxylate; (2) Any salt, compound, isomer, (8) Fentanyl; derivative or (9) Sufentanil; preparation thereof which is chemically (9.5) Remifentanil; equivalent or identical with any of the (10) Isomethadone; substances referred to in subparagraph (1), (11) Levomethorphan; but not including the isoquinoline alkaloids (12) Levorphanol (Levorphan); of opium; (13) Metazocine; (14) Methadone; (3) Opium poppy and poppy straw; (15) Methadone Intermediate, (4) Coca leaves and any salt, 4 cyano 2 dimethylamino 4,4 diphenyl 1 compound, isomer, salt butane; of an isomer, derivative, or preparation of (16) Moramide Intermediate, coca leaves including cocaine or ecgonine, 2 methyl 3 morpholino 1,1 and any salt, compound, isomer, derivative, diphenylpropane carboxylic or preparation thereof which is chemically acid; equivalent or identical with any of these (17) Pethidine (meperidine); substances, but not including decocainized (18) Pethidine Intermediate A, coca leaves or extractions of coca leaves 4 cyano 1 methyl 4 phenylpiperidine; which do not contain cocaine or ecgonine (19) Pethidine Intermediate B, (for the purpose of this paragraph, the term ethyl 4 phenylpiperidine 4 carboxylate; "isomer" includes optical, positional and (20) Pethidine Intermediate C, geometric isomers); 1 methyl 4 phenylpiperidine 4 carboxylic acid; (5) Concentrate of poppy straw (the (21) Phenazocine; crude extract of (22) Piminodine; poppy straw in either liquid, solid or (23) Racemethorphan; powder form which contains the (24) Racemorphan; phenanthrine alkaloids of the opium poppy). (25) Levo alphacetylmethadol (some other names: (c) Unless specifically excepted or unless levo alpha acetylmethadol, levomethadyl listed in another schedule any of the acetate, LAAM). following opiates, including their isomers, esters, ethers, salts, and salts of isomers, (d) Unless specifically excepted or unless whenever the existence of these isomers, listed in another schedule, any material, esters, ethers and salts is possible within the compound, mixture, or preparation which specific chemical designation, dextrorphan contains any quantity of the following excepted: substances having a stimulant effect on the (1) Alfentanil; central nervous system: (1.1) Carfentanil; (1) Amphetamine, its salts, optical (2) Alphaprodine; isomers, and (3) Anileridine; salts of its optical isomers; (4) Bezitramide; (5) Bulk Dextropropoxyphene (non (2) Methamphetamine, its salts, isomers, and salts (720 ILCS 570/207) (from Ch. 56 1/2, of its isomers; par. 1207) Sec. 207. The Department shall issue a (3) Phenmetrazine and its salts; rule scheduling a substance in Schedule III (4) Methylphenidate. if it finds that: (e) Unless specifically excepted or unless (1) the substance has a potential for abuse listed in another schedule, any material, less than the substances listed in Schedule I compound, mixture, or preparation which and II; contains any quantity of the following (2) the substance has currently accepted substances having a depressant effect on the medical use in treatment in the United central nervous system, including its salts, States; and isomers, and salts of isomers whenever the (3) abuse of the substance may lead to existence of such salts, isomers, and salts of moderate or low physiological dependence isomers is possible within the specific or high psychological dependence. chemical designation: (Source: P.A. 83 969.) (1) Amobarbital; (2) Secobarbital; (3) Pentobarbital; (720 ILCS 570/208) (from Ch. 56 1/2, (4) Pentazocine; par. 1208) (5) Phencyclidine; Sec. 208. (a) The controlled substances (6) Gluthethimide; listed in this Section are included in (7) (Blank). Schedule III. (f) Unless specifically excepted or unless (b) Unless specifically excepted or unless listed in another schedule, any material, listed in another schedule, any material, compound, mixture, or preparation which compound, mixture, or preparation which contains any quantity of the following contains any quantity of the following substances: substances having a stimulant effect on the (1) Immediate precursor to central nervous system, including its salts, amphetamine and isomers (whether optical position, or methamphetamine: geometric), and salts of such isomers whenever the existence of such salts, (i) Phenylacetone isomers, and salts of isomers is possible Some trade or other names: phenyl 2 within the specific chemical designation; propanone; (1) Those compounds, mixtures, or P2P; benzyl methyl ketone; methyl preparations in benzyl ketone. dosage unit form containing any (2) Immediate precursors to stimulant substances listed in Schedule II phencyclidine: which compounds, mixtures, or preparations (i) 1 phenylcyclohexylamine; were listed on August 25, 1971, as excepted (ii) 1 compounds under Title 21, Code of Federal piperidinocyclohexanecarbonitrile (PCC). Regulations, Section 308.32, and any other (3) Nabilone. drug of the quantitative composition shown (Source: P.A. 94 800, eff. 1 1 07; 94 1087, in that list for those drugs or which is the eff. 1 19 07.) same except that it contains a lesser quantity of controlled substances;

(2) Benzphetamine; 2 (ethylamino) 2 (2 thienyl) (3) Chlorphentermine; cyclohexanone. (4) Clortermine; Some trade or other names for zolazepam: (5) Phendimetrazine. 4 (2 fluorophenyl) 6,8 dihydro 1,3,8 (c) Unless specifically excepted or unless trimethylpyrazolo listed in another schedule, any material, [3,4 e], [1,4] diazepin 7(1H) one, and compound, mixture, or preparation which flupyrazapon. contains any quantity of the following (11) Any material, compound, mixture substances having a potential for abuse or preparation associated with a depressant effect on the containing not more than 12.5 milligrams central nervous system: of pentazocine or any of its salts, per 325 (1) Any compound, mixture, or milligrams of aspirin; preparation containing amobarbital, secobarbital, pentobarbital (12) Any material, compound, mixture or any salt thereof and one or more other or preparation active medicinal ingredients which are not containing not more than 12.5 milligrams listed in any schedule; of pentazocine or any of its salts, per 325 milligrams of acetaminophen; (2) Any suppository dosage form containing (13) Any material, compound, mixture amobarbital, secobarbital, pentobarbital or preparation or any salt of any of these drugs and containing not more than 50 milligrams approved by the Federal Food and Drug of pentazocine or any of its salts plus Administration for marketing only as a naloxone HCl USP 0.5 milligrams, per suppository; dosage unit;

(3) Any substance which contains any (14) Ketamine. quantity of a (d) Nalorphine. derivative of barbituric acid, or any salt (e) Unless specifically excepted or unless thereof: listed in another schedule, any material, compound, mixture, or preparation (4) Chlorhexadol; containing limited quantities of any of the (5) Methyprylon; following narcotic drugs, or their salts (6) Sulfondiethylmethane; calculated as the free anhydrous base or (7) Sulfonethylmethane; alkaloid, as set forth below: (8) Sulfonmethane; (1) not more than 1.8 grams of codeine (9) Lysergic acid; per 100 (10) Lysergic acid amide; milliliters or not more than 90 milligrams (10.1) Tiletamine or zolazepam or both, per dosage unit, with an equal or greater or any salt quantity of an isoquinoline alkaloid of of either of them. opium;

Some trade or other names for a (2) not more than 1.8 grams of codeine tiletamine zolazepam per 100 combination product: Telazol. milliliters or not more than 90 milligrams Some trade or other names for Tiletamine: per dosage unit, with one or more active non narcotic ingredients in recognized (1) Androgyn L.A.; therapeutic amounts; (2) Andro Estro 90 4; (3) depANDROGYN; (3) not more than 300 milligrams of (4) DEPO T.E.; dihydrocodeinone (5) depTESTROGEN; per 100 milliliters or not more than 15 (6) Duomone; milligrams per dosage unit, with a fourfold (7) DURATESTRIN; or greater quantity of an isoquinoline (8) DUO SPAN II; alkaloid of opium; (9) Estratest; (10) Estratest H.S.; (4) not more than 300 milligrams of (11) PAN ESTRA TEST; dihydrocodeinone (12) Premarin with Methyltestosterone; per 100 milliliters or not more than 15 (13) TEST ESTRO Cypionates; milligrams per dosage unit, with one or (14) Testosterone Cyp 50 Estradiol Cyp more active, non narcotic ingredients in 2; recognized therapeutic amounts; (15) Testosterone Cypionate Estradiol Cypionate (5) not more than 1.8 grams of injection; and dihydrocodeine per 100 milliliters or not more than 90 (16) Testosterone Enanthate Estradiol milligrams per dosage unit, with one or Valerate more active, non narcotic ingredients in injection. recognized therapeutic amounts; (g) Hallucinogenic substances. (6) not more than 300 milligrams of (1) Dronabinol (synthetic) in sesame oil ethylmorphine and per 100 milliliters or not more than 15 encapsulated in a soft gelatin capsule in a milligrams per dosage unit, with one or U.S. Food and Drug Administration more active, non narcotic ingredients in approved product. Some other names for recognized therapeutic amounts; dronabinol: (6aR trans) 6a,7,8,10a tetrahydro 6,6,9 trimetjyl 3 pentyl 6H (7) not more than 500 milligrams of debenzo (b,d) pyran 1 ol) or ( ) delta 9 opium per 100 (trans) tetrahydrocannibinol. milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one (2) (Reserved). or more active, non narcotic ingredients in (h) The Department may except by rule recognized therapeutic amounts; any compound, mixture, or preparation containing any stimulant or depressant (8) not more than 50 milligrams of substance listed in subsection (b) from the morphine per 100 application of all or any part of this Act if milliliters or per 100 grams with one or the compound, mixture, or preparation more active, non narcotic ingredients in contains one or more active medicinal recognized therapeutic amounts. ingredients not having a stimulant or depressant effect on the central nervous (f) Anabolic steroids, except the system, and if the admixtures are included following anabolic steroids that are exempt: therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which (c) Unless specifically excepted or unless have a stimulant or depressant effect on the listed in another schedule, any material, central nervous system. compound, mixture, or preparation which (Source: P.A. 96 328, eff. 8 11 09.) contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the (720 ILCS 570/209) (from Ch. 56 1/2, central nervous system: par. 1209) (1) Alprazolam; Sec. 209. The Department shall issue a (2) Barbital; rule scheduling a substance in Schedule IV (2.1) Bromazepam; if it finds that: (2.2) Camazepam; (1) the substance has a low potential for (3) Chloral Betaine; abuse relative to substances in Schedule III; (4) Chloral Hydrate; (2) the substance has currently accepted (5) Chlordiazepoxide; medical use in treatment in the United (5.1) Clobazam; States; and (6) Clonazepam; (3) abuse of the substance may lead to (7) Clorazepate; limited physiological dependence or (7.1) Clotiazepam; psychological dependence relative to the (7.2) Cloxazolam; substances in Schedule III. (7.3) Delorazepam; (Source: P.A. 83 969.) (8) Diazepam; (8.1) Estazolam; (9) Ethchlorvynol; (720 ILCS 570/210) (from Ch. 56 1/2, (10) Ethinamate; par. 1210) (10.1) Ethyl loflazepate; Sec. 210. (a) The controlled substances (10.2) Fludiazepam; listed in this Section are included in (10.3) Flunitrazepam; Schedule IV. (11) Flurazepam; (b) Unless specifically excepted or unless (12) Halazepam; listed in another schedule, any material, (12.1) Haloxazolam; compound, mixture, or preparation (12.2) Ketazolam; containing limited quantities of any of the (12.3) Loprazolam; following narcotic drugs, or their salts (13) Lorazepam; calculated as the free anhydrous base or (13.1) Lormetazepam; alkaloid, as set forth below: (14) Mebutamate; (1) Not more than 1 milligram of (14.1) Medazepam; difenoxin (DEA Drug (15) Meprobamate; Code No. 9618) and not less than 25 (16) Methohexital; micrograms of atropine sulfate per dosage (17) Methylphenobarbital unit. (Mephobarbital); (17.1) Midazolam; (2) Dextropropoxyphene (Alpha (+) 4 (17.2) Nimetazepam; dimethylamino 1, (17.3) Nitrazepam; 2 diphenyl 3 methyl 2 (17.4) Nordiazepam; propionoxybutane). (18) Oxazepam; (18.1) Oxazolam; (8) Sibutramine. (19) Paraldehyde; (f) Other Substances. Unless specifically (20) Petrichloral; excepted or unless listed in another (21) Phenobarbital; schedule, any material, compound, mixture, (21.1) Pinazepam; or preparation that contains any quantity of (22) Prazepam; the following substance, including its salts: (22.1) Quazepam; (1) Butorphanol (including its optical (23) Temazepam; isomers). (23.1) Tetrazepam; (g) The Department may except by rule (24) Triazolam; any compound, mixture, or preparation (24.5) Zaleplon; containing any depressant substance listed (25) Zolpidem. in subsection (b) from the application of all (d) Any material, compound, mixture, or or any part of this Act if the compound, preparation which contains any quantity of mixture, or preparation contains one or more the following substances, including its salts, active medicinal ingredients not having a isomers (whether optical, position, or depressant effect on the central nervous geometric), and salts of such isomers, system, and if the admixtures are included whenever the existence of such salts, therein in combinations, quantity, isomers and salts of isomers is possible: proportion, or concentration that vitiate the (1) Fenfluramine. potential for abuse of the substances which (e) Unless specifically excepted or unless have a depressant effect on the central listed in another schedule any material, nervous system. compound, mixture, or preparation which (h) Except as otherwise provided in contains any quantity of the following Section 216, any material, compound, substances having a stimulant effect on the mixture, or preparation that contains any central nervous system, including its salts, quantity of the following substance having a isomers (whether optical, position or stimulant effect on the central nervous geometric), and salts of such isomers system, including its salts, enantiomers whenever the existence of such salts, (optical isomers) and salts of enantiomers isomers, and salts of isomers is possible (optical isomers): within the specific chemical designation: (1) Ephedrine, its salts, optical isomers (1) Cathine ((+) norpseudoephedrine); and salts (1.1) Diethylpropion; of optical isomers. (1.2) Fencamfamin; (1.3) Fenproporex; (Source: P.A. 90 775, eff. 1 1 99; 91 714, (2) Mazindol; eff. 6 2 00.) (2.1) Mefenorex; (3) Phentermine; (4) Pemoline (including organometallic (720 ILCS 570/211) (from Ch. 56 1/2, complexes and par. 1211) chelates thereof); Sec. 211. The Department shall issue a rule scheduling a substance in Schedule V if (5) Pipradrol; it finds that: (6) SPA (( ) 1 dimethylamino 1, 2 (1) the substance has low potential for diphenylethane); abuse relative to the controlled substances (7) Modafinil; listed in Schedule IV; (2) the substance has currently accepted and not less than 25 micrograms of medical use in treatment in the United atropine sulfate per dosage unit; States; and (3) abuse of the substance may lead to (5) not more than 100 milligrams of limited physiological dependence or opium per 100 psychological dependence relative to the milliliters or per 100 grams; substances in Schedule IV, or the substance is a targeted methamphetamine precursor as (6) not more than 0.5 milligram of defined in the Methamphetamine Precursor difenoxin (DEA Control Act. Drug Code No. 9618) and not less than (Source: P.A. 94 694, eff. 1 15 06.) 25 micrograms of atropine sulfate per dosage unit.

(720 ILCS 570/212) (from Ch. 56 1/2, (c) Buprenorphine. par. 1212) (d) Pyrovalerone. Sec. 212. (a) The controlled substances (d 5) Any targeted methamphetamine listed in this section are included in precursor as defined in the Schedule V. Methamphetamine Precursor Control Act. (b) Any compound, mixture, or (e) Any compound, mixture or preparation containing limited quantities of preparation which contains any quantity of any of the following narcotic drugs, or their any controlled substance when such salts calculated as the free anhydrous base or compound, mixture or preparation is not alkaloid which also contains one or more otherwise controlled in Schedules I, II, III or non narcotic active medicinal ingredients in IV. sufficient proportion to confer upon the (Source: P.A. 94 694, eff. 1 15 06.) compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone as set (720 ILCS 570/213) (from Ch. 56 1/2, forth below: par. 1213) (1) not more than 200 milligrams of Sec. 213. The Department shall revise and codeine, or any republish the Schedules semi annually for of its salts, per 100 milliliters or per 100 two years from the effective date of this Act, grams; and thereafter annually. If the Department fails to republish the Schedules, the last (2) not more than 100 milligrams of published Schedules shall remain in full dihydrocodeine; force and effect. or any of its salts, per 100 milliliters or (Source: P.A. 83 969.) per 100 grams;

(3) not more than 100 milligrams of (720 ILCS 570/214) (from Ch. 56 1/2, ethylmorphine, par. 1214) or any of its salts, per 100 milliliters or Sec. 214. Excluded Substances. per 100 grams; (a) Products containing an anabolic steroid, that are expressly intended for (4) not more than 2.5 milligrams of administration through implants to cattle or diphenoxylate other nonhuman species and that have been approved by the Secretary of Health and in a manner that reduces or eliminates the Human Services for that administration, and likelihood of abuse; and (iv) are not that are excluded from all schedules under marketed, advertised, or labeled for the Section 102(41)(B)(1) of the federal indications of stimulation, mental alertness, Controlled Substances Act (21 U.S.C. weight loss, muscle enhancement, appetite 802(41)(B)(1)) are also excluded from control, or energy: Sections 207 and 208 of this Act. (1) Solid oral dosage forms, including (b) The non narcotic substances excluded soft gelatin from all schedules of the Federal Controlled caplets, which are formulated pursuant to Substances Act (21 U.S.C. 801 et seq.) 21 CFR 341 or its successor, and packaged pursuant to Section 1308.22 of the Code of in blister packs of not more than 2 tablets Federal Regulations (21 C.F.R. 1308.22), per blister. are excluded from all schedules of this Act. (Source: P.A. 91 714, eff. 6 2 00.) (2) Anorectal preparations containing not more than 5% ephedrine. (720 ILCS 570/215) (from Ch. 56 1/2, par. 1215) (b) The marketing, advertising, or Sec. 215. Excepted Compounds. The labeling of any product containing compounds in the form excepted from ephedrine, a salt of ephedrine, an optical application of certain specified sections of isomer of ephedrine, or a salt of an optical the Federal Controlled Substances Act (21 isomer of ephedrine, for the indications of U.S.C. 801 et seq.), the Federal Controlled stimulation, mental alertness, weight loss, Substances Import and Export Act (21 appetite control, or energy, is prohibited. In U.S.C. 951 et seq.) and the Code of Federal determining compliance with this Regulations, pursuant to Section 1308.32 of requirement the Department may consider the Code of Federal Regulations (21 C.F.R. the following factors: 1308.32) are excepted from the application (1) The packaging of the drug product; of Sections 312 and 313 of this Act. (2) The name and labeling of the (Source: P.A. 80 472.) product; (3) The manner of distribution, advertising, and (720 ILCS 570/216) promotion of the product; Sec. 216. Ephedrine. (a) The following drug products (4) Verbal representations made containing ephedrine, its salts, optical concerning the isomers and salts of optical isomers shall be product; exempt from the application of Sections 312 and 313 of this Act if they: (i) may lawfully (5) The duration, scope, and be sold over the counter without a significance of abuse prescription under the Federal Food, Drug, or misuse of the particular product. and Cosmetic Act; (ii) are labeled and marketed in a manner consistent with (c) A violation of this Section is a Class A Section 341.76 of Title 21 of the Code of misdemeanor. A second or subsequent Federal Regulations; (iii) are manufactured violation of this Section is a Class 4 felony. and distributed for legitimate medicinal use (d) This Section does not apply to dietary supplements, herbs, or other natural containing dextromethorphan in violation of products, including concentrates or extracts, this Act is a Class 4 felony. The sale, which: delivery, distribution, or possession with (1) are not otherwise prohibited by law; intent to sell, deliver, or distribute a drug and product containing dextromethorphan in (2) may contain naturally occurring violation of this Act is a Class 2 felony. ephedrine, (c) (Blank). ephedrine alkaloids, or pseudoephedrine, (Source: P.A. 94 800, eff. 1 1 07; 94 1087, or their salts, isomers, or salts of isomers, or eff. 1 19 07; 95 331, eff. 8 21 07.) a combination of these substances, that:

(i) are contained in a matrix of (720 ILCS 570/219) organic Sec. 219. Dietary supplements containing material; and ephedrine or anabolic steroid precursors. (a) It is a Class A misdemeanor for any (ii) do not exceed 15% of the total manufacturer, wholesaler, retailer, or other weight of person to sell, transfer, or otherwise furnish the natural product. any of the following to a person under 18 years of age: (e) Nothing in this Section limits the (1) a dietary supplement containing an scope or terms of the Methamphetamine ephedrine Precursor Control Act. group alkaloid; or (Source: P.A. 94 694, eff. 1 15 06.) (2) a dietary supplement containing any of the (720 ILCS 570/217) following: Sec. 217. Exempt anabolic steroid products. Compounds, mixtures, or (A) Androstanediol; preparations that contain an anabolic steroid (B) Androstanedione; that have been exempted by the (C) Androstenedione; Administrator of the federal Drug (D) Norandrostenediol; Enforcement Administration from (E) Norandrostenedione; or application of Sections 302 through 309 and (F) Dehydroepiandrosterone. Sections 1002 through 1004 of the federal (b) A seller shall request valid Controlled Substances Act (21 U.S.C. 822 identification from any through 829 and 952 through 954) and 21 individual who attempts to purchase a CFR 1301.13, 1301.22, and 1301.71 through dietary supplement set forth in subsection 1301.76 are also exempt from Sections 207 (a) if that individual reasonably appears to and 208 of this Act. the seller to be under 18 years of age. (Source: P.A. 91 714, eff. 6 2 00.) (Source: P.A. 94 339, eff. 7 26 05; 95 331, eff. 8 21 07.) (720 ILCS 570/218) Sec. 218. Dextromethorphan. (a) (Blank). (720 ILCS 570/Art. III heading) (b) Possession of a drug product ARTICLE III within this State, must obtain a registration (720 ILCS 570/301) (from Ch. 56 1/2, issued by the Department of Professional par. 1301) Regulation in accordance with its rules. The Sec. 301. The Department of Professional rules shall include, but not be limited to, Regulation shall promulgate rules and setting the expiration date and renewal charge reasonable fees and fines relating to period for each registration under this Act. the registration and control of the The Department, any facility or service manufacture, distribution, and dispensing of licensed by the Department, and any controlled substances within this State. All veterinary hospital or clinic operated by a moneys received by the Department of veterinarian or veterinarians licensed under Professional Regulation under this Act shall the Veterinary Medicine and Surgery be deposited into the respective professional Practice Act of 2004 or maintained by a dedicated funds in like manner as the State supported or publicly funded primary professional licenses. university or college shall be exempt from A pharmacy, manufacturer of controlled the regulation requirements of this Section. substances, or wholesale distributor of (b) Persons registered by the Department controlled substances that is regulated under of Professional Regulation under this Act to this Act and owned and operated by the manufacture, distribute, or dispense State is exempt from fees required under this controlled substances, or purchase, store, or Act. Pharmacists and pharmacy technicians administer euthanasia drugs, may possess, working in facilities owned and operated by manufacture, distribute, or dispense those the State are not exempt from the payment substances, or purchase, store, or administer of fees required by this Act and any rules euthanasia drugs, to the extent authorized by adopted under this Act. Nothing in this their registration and in conformity with the Section shall be construed to prohibit the other provisions of this Article. Department from imposing any fine or other (c) The following persons need not penalty allowed under this Act. register and may lawfully possess controlled (Source: P.A. 95 689, eff. 10 29 07.) substances under this Act: (1) an agent or employee of any registered (720 ILCS 570/302) (from Ch. 56 1/2, manufacturer, distributor, or dispenser of par. 1302) any controlled substance if he is acting in Sec. 302. (a) Every person who the usual course of his employer's lawful manufactures, distributes, or dispenses any business or employment; controlled substances, or engages in chemical analysis, and instructional (2) a common or contract carrier or activities which utilize controlled warehouseman, or substances, or who purchases, stores, or an agent or employee thereof, whose administers euthanasia drugs, within this possession of any controlled substance is in State or who proposes to engage in the the usual lawful course of such business or manufacture, distribution, or dispensing of employment; any controlled substance, or to engage in chemical analysis, and instructional (3) an ultimate user or a person in activities which utilize controlled possession of any substances, or to engage in purchasing, controlled substance pursuant to a lawful storing, or administering euthanasia drugs, prescription of a practitioner or in lawful possession of a Schedule V substance; Professional Regulation shall license an applicant to manufacture, distribute or (4) officers and employees of this State dispense controlled substances included in or of the Sections 204, 206, 208, 210 and 212 of this United States while acting in the lawful Act or purchase, store, or administer course of their official duties which requires euthanasia drugs unless it determines that possession of controlled substances; the issuance of that license would be inconsistent with the public interest. In (5) a registered pharmacist who is determining the public interest, the employed in, or Department of Professional Regulation shall the owner of, a pharmacy licensed under consider the following: this Act and the Federal Controlled (1) maintenance of effective controls Substances Act, at the licensed location, or against if he is acting in the usual course of his diversion of controlled substances into lawful profession, business, or employment. other than lawful medical, scientific, or industrial channels; (d) A separate registration is required at each place of business or professional (2) compliance with applicable Federal, practice where the applicant manufactures, State and distributes, or dispenses controlled local law; substances, or purchases, stores, or administers euthanasia drugs. Persons are (3) any convictions of the applicant required to obtain a separate registration for under any law of each place of business or professional the United States or of any State relating practice where controlled substances are to any controlled substance; located or stored. A separate registration is not required for every location at which a (4) past experience in the manufacture controlled substance may be prescribed. or (e) The Department of Professional distribution of controlled substances, and Regulation or the Department of State the existence in the applicant's establishment Police may inspect the controlled premises, of effective controls against diversion; as defined in Section 502 of this Act, of a registrant or applicant for registration in (5) furnishing by the applicant of false accordance with this Act and the rules or promulgated hereunder and with regard to fraudulent material in any application persons licensed by the Department, in filed under this Act; accordance with subsection (bb) of Section 30 5 of the Alcoholism and Other Drug (6) suspension or revocation of the Abuse and Dependency Act and the rules applicant's and regulations promulgated thereunder. Federal registration to manufacture, (Source: P.A. 96 219, eff. 8 10 09.) distribute, or dispense controlled substances, or purchase, store, or administer euthanasia drugs, as authorized by Federal law; (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303) (7) whether the applicant is suitably Sec. 303. (a) The Department of equipped with the facilities appropriate to carry on the administer euthanasia drugs, upon filing a operation described in his application; completed application for licensure in this State and payment of all fees due hereunder, (8) whether the applicant is of good he shall be licensed in this State to the same moral character extent as his Federal registration, unless, or, if the applicant is a partnership, within 30 days after completing his association, corporation or other application in this State, the Department of organization, whether the partners, directors, Professional Regulation notifies the governing committee and managing officers applicant that his application has not been are of good moral character; granted. A practitioner who is in compliance with the Federal law with respect to (9) any other factors relevant to and registration to dispense controlled consistent with substances in Schedules II through V need the public health and safety; and only send a current copy of that Federal registration to the Department of (10) evidence from court, medical Professional Regulation and he shall be disciplinary and deemed in compliance with the registration pharmacy board records and those of provisions of this State. State and Federal investigatory bodies that (e 5) Beginning July 1, 2003, all of the the applicant has not or does not prescribe fees and fines collected under this Section controlled substances within the provisions 303 shall be deposited into the Illinois State of this Act. Pharmacy Disciplinary Fund. (f) The fee for registration as a (b) No license shall be granted to or manufacturer or wholesale distributor of renewed for any person who has within 5 controlled substances shall be $50.00 per years been convicted of a wilful violation of year, except that the fee for registration as a any law of the United States or any law of manufacturer or wholesale distributor of any State relating to controlled substances, controlled substances that may be dispensed or who is found to be deficient in any of the without a prescription under this Act shall matters enumerated in subsections (a)(1) be $15.00 per year. The expiration date and through (a)(8). renewal period for each controlled substance (c) Licensure under subsection (a) does license issued under this Act shall be set by not entitle a registrant to manufacture, rule. distribute or dispense controlled substances (Source: P.A. 93 32, eff. 7 1 03; 93 626, eff. in Schedules I or II other than those 12 23 03.) specified in the registration. (d) Practitioners who are licensed to dispense any controlled substances in (720 ILCS 570/303.05) Schedules II through V are authorized to (Text of Section from P.A. 96 189) conduct instructional activities with Sec. 303.05. Mid level practitioner controlled substances in Schedules II registration. through V under the law of this State. (a) The Department of Professional (e) If an applicant for registration is Regulation shall register licensed physician registered under the Federal law to assistants and licensed advanced practice manufacture, distribute or dispense nurses to prescribe and dispense controlled controlled substances, or purchase, store, or substances under Section 303 and euthanasia agencies to purchase, store, or administer (ii) any delegation must be of animal euthanasia drugs under the following controlled circumstances: substances prescribed by the (1) with respect to physician assistants, collaborating physician; (A) the physician assistant has been delegated (iii) all prescriptions must be authority to prescribe any Schedule III limited to no through V controlled substances by a more than a 30 day oral dosage, physician licensed to practice medicine in with any continuation authorized only after all its branches in accordance with Section prior approval of the collaborating 7.5 of the Physician Assistant Practice Act physician; of 1987; and (iv) the advanced practice nurse (B) the physician assistant has must discuss completed the the condition of any patients for appropriate application forms and has whom a controlled substance is prescribed paid the required fees as set by rule; monthly with the delegating physician; and

(2) with respect to advanced practice (v) the advanced practice nurse nurses, must have (A) the advanced practice nurse has completed the appropriate been application forms and paid the required fees delegated authority to prescribe any as set by rule; or Schedule III through V controlled substances by a physician licensed to (3) with respect to animal euthanasia practice medicine in all its branches or a agencies, the podiatrist in accordance with Section 65 40 euthanasia agency has obtained a license of the Nurse Practice Act. The advanced from the Department of Professional practice nurse has completed the appropriate Regulation and obtained a registration application forms and has paid the required number from the Department. fees as set by rule; or (b) The mid level practitioner shall only (B) the advanced practice nurse has be licensed to prescribe those schedules of been controlled substances for which a licensed delegated authority by a collaborating physician or licensed podiatrist has physician licensed to practice medicine in delegated prescriptive authority, except that all its branches to prescribe or dispense an animal euthanasia agency does not have Schedule II controlled substances through a any prescriptive authority. A physician written delegation of authority and under the assistant and an advanced practice nurse are following conditions: prohibited from prescribing medications and controlled substances not set forth in the (i) no more than 5 Schedule II required written delegation of authority. controlled (c) Upon completion of all registration substances by oral dosage may be requirements, physician assistants, advanced delegated; practice nurses, and animal euthanasia agencies shall be issued a mid level practitioner controlled substances license for controlled Illinois. substances prescribed by the (Source: P.A. 95 639, eff. 10 5 07; 96 189, supervising physician; eff. 8 10 09.) (iii) all prescriptions must be (Text of Section from P.A. 96 268) limited to no Sec. 303.05. Mid level practitioner more than a 30 day oral dosage, registration. with any continuation authorized only after (a) The Department of Financial and prior approval of the supervising physician; Professional Regulation shall register licensed physician assistants and licensed (iv) the physician assistant must advanced practice nurses to prescribe and discuss the dispense controlled substances under condition of any patients for whom Section 303 and euthanasia agencies to a controlled substance is prescribed monthly purchase, store, or administer animal with the delegating physician; and euthanasia drugs under the following circumstances: (v) the physician assistant must (1) with respect to physician assistants, have (A) the physician assistant has been completed the appropriate delegated application forms and paid the required fees authority to prescribe any Schedule III as set by rule; and through V controlled substances by a physician licensed to practice medicine in (2) with respect to advanced practice all its branches in accordance with Section nurses, 7.5 of the Physician Assistant Practice Act (A) the advanced practice nurse has of 1987 or Section 65 40 of the Nurse been Practice Act; and the physician assistant has delegated authority to prescribe any completed the appropriate application forms Schedule III through V controlled and has paid the required fees as set by rule; substances by a physician licensed to or practice medicine in all its branches or a podiatrist in accordance with Section 65 40 (B) the physician assistant has been of the Nurse Practice Act. The advanced delegated practice nurse has completed the appropriate authority by a supervising physician application forms and has paid the required licensed to practice medicine in all its fees as set by rule; or branches to prescribe or dispense Schedule II controlled substances through a written (B) the advanced practice nurse has delegation of authority and under the been following conditions: delegated authority by a collaborating physician licensed to practice medicine in (i) no more than 5 Schedule II all its branches to prescribe or dispense controlled Schedule II controlled substances through a substances by oral dosage may be written delegation of authority and under the delegated; following conditions:

(ii) any delegation must be of (i) no more than 5 Schedule II controlled (c) Upon completion of all registration substances by oral dosage may be requirements, physician assistants, advanced delegated; practice nurses, and animal euthanasia agencies shall be issued a mid level (ii) any delegation must be of practitioner controlled substances license for controlled Illinois. substances prescribed by the (Source: P.A. 95 639, eff. 10 5 07; 96 268, collaborating physician; eff. 8 11 09.)

(iii) all prescriptions must be limited to no (720 ILCS 570/303.1) (from Ch. 56 1/2, more than a 30 day oral dosage, par. 1303.1) with any continuation authorized only after Sec. 303.1. Any person who delivers a prior approval of the collaborating check or other payment to the Department of physician; Professional Regulation that is returned to the Department unpaid by the financial (iv) the advanced practice nurse institution upon which it is drawn shall pay must discuss to the Department, in addition to the amount the condition of any patients for already owed to the Department, a fine of whom a controlled substance is prescribed $50. If the check or other payment was for a monthly with the delegating physician; and renewal or issuance fee and that person practices without paying the renewal fee or (v) the advanced practice nurse issuance fee and the fine due, an additional must have fine of $100 shall be imposed. The fines completed the appropriate imposed by this Section are in addition to application forms and paid the required fees any other discipline provided under this Act as set by rule; or for unlicensed practice or practice on a nonrenewed license. The Department of (3) with respect to animal euthanasia Professional Regulation shall notify the agencies, the person that payment of fees and fines shall euthanasia agency has obtained a license be paid to the Department by certified check from the Department of Professional or money order within 30 calendar days of Regulation and obtained a registration the notification. If, after the expiration of 30 number from the Department. days from the date of the notification, the person has failed to submit the necessary (b) The mid level practitioner shall only remittance, the Department of Professional be licensed to prescribe those schedules of Regulation shall automatically terminate the controlled substances for which a licensed license or certificate or deny the application, physician or licensed podiatrist has without hearing. If, after termination or delegated prescriptive authority, except that denial, the person seeks a license or an animal euthanasia agency does not have certificate, he or she shall apply to the any prescriptive authority. A physician Department for restoration or issuance of the assistant and an advanced practice nurse are license or certificate and pay all fees and prohibited from prescribing medications and fines due to the Department. The controlled substances not set forth in the Department of Professional Regulation may required written delegation of authority. establish a fee for the processing of an application for restoration of a license or convicted of such violation; or certificate to pay all expenses of processing this application. The Director may waive the (6) has failed to provide effective fines due under this Section in individual controls against cases where the Director finds that the fines the diversion of controlled substances in would be unreasonable or unnecessarily other than legitimate medical, scientific or burdensome. industrial channels. (Source: P.A. 89 507, eff. 7 1 97.) (b) The Department of Professional Regulation may limit revocation or (720 ILCS 570/304) (from Ch. 56 1/2, suspension of a registration to the particular par. 1304) controlled substance with respect to which Sec. 304. (a) A registration under Section grounds for revocation or suspension exist. 303 to manufacture, distribute, or dispense a (c) The Department of Professional controlled substance or purchase, store, or Regulation shall promptly notify the administer euthanasia drugs may be Administration, the Department and the suspended or revoked by the Department of Department of State Police or their Professional Regulation upon a finding that successor agencies, of all orders denying, the registrant: suspending or revoking registration, all (1) has furnished any false or forfeitures of controlled substances, and all fraudulent material final court dispositions, if any, of such information in any application filed denials, suspensions, revocations or under this Act; or forfeitures. (d) If Federal registration of any registrant (2) has been convicted of a felony is suspended, revoked, refused renewal or under any law of refused issuance, then the Department of the United States or any State relating to Professional Regulation shall issue a notice any controlled substance; or and conduct a hearing in accordance with Section 305 of this Act. (3) has had suspended or revoked his (Source: P.A. 93 626, eff. 12 23 03; 94 694, Federal eff. 1 15 06.) registration to manufacture, distribute, or dispense controlled substances or purchase, store, or administer euthanasia drugs; or (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305) (4) has been convicted of bribery, Sec. 305. (a) Before denying, refusing perjury, or other renewal of, suspending or revoking a infamous crime under the laws of the registration, the Department of Professional United States or of any State; or Regulation shall serve upon the applicant or registrant, by registered mail at the address (5) has violated any provision of this in the application or registration or by any Act or any other means authorized under the Civil rules promulgated hereunder, or any Practice Law or Rules of the Illinois provision of the Methamphetamine Supreme Court for the service of summons Precursor Control Act or rules promulgated or subpoenas, a notice of hearing to thereunder, whether or not he has been determine why registration should not be denied, refused renewal, suspended or continued manufacture, distribution or revoked. The notice shall contain a dispensing of controlled substances by the statement of the basis therefor and shall call registrant, the Department of Professional upon the applicant or registrant to appear Regulation may, upon the issuance of a before the Department of Professional written ruling stating the reasons for such Regulation at a reasonable time and place. finding and without notice or hearing, These proceedings shall be conducted in suspend such registrant. The suspension accordance with Sections 2105 5, 2105 15, shall continue in effect for not more than 14 2105 100, 2105 105, 2105 110, 2105 115, days during which time the registrant shall 2105 120, 2105 125, 2105 175, and 2105 be given a hearing on the issues involved in 325 of the Department of Professional the suspension. If after the hearing, and after Regulation Law (20 ILCS 2105/2105 5, input from the appropriate licensure or 2105/2105 15, 2105/2105 100, 2105/2105 disciplinary board, the Department of 105, 2105/2105 110, 2105/2105 115, Professional Regulation finds that the public 2105/2105 120, 2105/2105 125, 2105/2105 health or safety requires the suspension to 175, and 2105/2105 325), without regard to remain in effect it shall so remain until the any criminal prosecution or other ruling is terminated by its own terms or proceeding. Except as authorized in subsequent ruling or is dissolved by a circuit subsection (c), proceedings to refuse court upon determination that the suspension renewal or suspend or revoke registration was wholly without basis in fact and law. shall not abate the existing registration, (d) If, after a hearing as provided in which shall remain in effect until the subsection (a), the Department of Department of Professional Regulation has Professional Regulation finds that a held the hearing called for in the notice and registration should be refused renewal, found, with input from the appropriate suspended or revoked, a written ruling to licensure or disciplinary board, that the that effect shall be entered. The Department registration shall no longer remain in effect. of Professional Regulation's ruling shall (b) The Director may appoint an attorney remain in effect until the ruling is terminated duly licensed to practice law in the State of by its own terms or subsequent ruling or is Illinois to serve as the hearing officer in any dissolved by a circuit court upon a action to deny, refuse to renew, suspend, or determination that the refusal to renew revoke, or take any other disciplinary action suspension or revocation was wholly with regard to a registration. The hearing without basis in fact and law. officer shall have full authority to conduct (Source: P.A. 91 239, eff. 1 1 00.) the hearing. The hearing officer shall report his or her findings and recommendations to the appropriate licensure or disciplinary (720 ILCS 570/306) (from Ch. 56 1/2, board within 30 days after receiving the par. 1306) record. The Disciplinary Board shall have Sec. 306. Every practitioner and person 60 days from receipt of the report to review who is required under this Act to be the report of the hearing officer and present registered to manufacture, distribute or its findings of fact, conclusions of law, and dispense controlled substances or purchase, recommendations to the Director. store, or administer euthanasia drugs under (c) If the Department of Professional this Act shall keep records and maintain Regulation finds that there is an imminent inventories in conformance with the danger to the public health or safety by the recordkeeping and inventory requirements of the laws of the United States and with any the cause for which an oral prescription was additional rules and forms issued by the used. Within 7 days after issuing an Department of Professional Regulation. emergency prescription, the prescriber shall (Source: P.A. 93 626, eff. 12 23 03.) cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacist. The (720 ILCS 570/307) (from Ch. 56 1/2, prescription shall have written on its face par. 1307) "Authorization for Emergency Dispensing", Sec. 307. and the date of the emergency prescription. Controlled substances in Schedules I and The written prescription may be delivered to II shall be distributed by a registrant to the pharmacist in person, or by mail, but if another registrant only pursuant to a written delivered by mail it must be postmarked order. Compliance with the laws of the within the 7 day period. Upon receipt, the United States respecting order forms shall dispensing pharmacist shall attach this be deemed compliance with this Section. prescription to the emergency oral (Source: P. A. 77 757.) prescription earlier received and reduced to writing. The dispensing pharmacist shall notify the Department of Human Services if (720 ILCS 570/308) (from Ch. 56 1/2, the prescriber fails to deliver the par. 1308) authorization for emergency dispensing on Sec. 308. (Repealed). the prescription to him. Failure of the (Source: P.A. 89 202, eff. 10 1 95. Repealed dispensing pharmacist to do so shall void the by P.A. 91 576, eff. 4 1 00.) authority conferred by this paragraph to dispense without a written prescription of a prescriber. All prescriptions issued for (720 ILCS 570/309) (from Ch. 56 1/2, Schedule II controlled substances shall par. 1309) include both a written and numerical Sec. 309. On or after April 1, 2000, no notation of quantity on the face of the person shall issue a prescription for a prescription. No prescription for a Schedule Schedule II controlled substance, which is a II controlled substance may be refilled. The narcotic drug listed in Section 206 of this Department shall provide, at no cost, audit Act; or which contains any quantity of reviews and necessary information to the amphetamine or methamphetamine, their Department of Professional Regulation in salts, optical isomers or salts of optical conjunction with ongoing investigations isomers; phenmetrazine and its salts; being conducted in whole or part by the gluthethimide; and pentazocine, other than Department of Professional Regulation. on a written prescription; provided that in (Source: P.A. 95 689, eff. 10 29 07.) the case of an emergency, epidemic or a sudden or unforeseen accident or calamity, the prescriber may issue a lawful oral (720 ILCS 570/310) (from Ch. 56 1/2, prescription where failure to issue such a par. 1310) prescription might result in loss of life or Sec. 310. (Repealed). intense suffering, but such oral prescription (Source: P.A. 84 1308. Repealed by P.A. 91 shall include a statement by the prescriber 576, eff. 4 1 00.) concerning the accident or calamity, or circumstances constituting the emergency, (720 ILCS 570/311) (from Ch. 56 1/2, in the enforcement of this Act, for the par. 1311) purpose of investigation or as evidence, such Sec. 311. (Repealed). officer or employee shall give to the (Source: P.A. 89 202, eff. 10 1 95. Repealed practitioner or pharmacy a receipt in lieu by P.A. 91 576, eff. 4 1 00.) thereof. A prescription for a Schedule II controlled substance shall not be filled more than 90 days after the date of issuance. A (720 ILCS 570/312) (from Ch. 56 1/2, written prescription for Schedule III, IV or par. 1312) V controlled substances shall not be filled or Sec. 312. Requirements for dispensing refilled more than 6 months after the date controlled substances. thereof or refilled more than 5 times unless (a) A practitioner, in good faith, may renewed, in writing, by the prescriber. dispense a Schedule II controlled substance, (b) In lieu of a written prescription which is a narcotic drug listed in Section required by this Section, a pharmacist, in 206 of this Act; or which contains any good faith, may dispense Schedule III, IV, quantity of amphetamine or or V substances to any person either upon methamphetamine, their salts, optical receiving a facsimile of a written, signed isomers or salts of optical isomers; prescription transmitted by the prescriber or phenmetrazine and its salts; or pentazocine; the prescriber's agent or upon a lawful oral and Schedule III, IV, or V controlled prescription of a prescriber which oral substances to any person upon a written prescription shall be reduced promptly to prescription of any prescriber, dated and writing by the pharmacist and such written signed by the person prescribing on the day memorandum thereof shall be dated on the when issued and bearing the name and day when such oral prescription is received address of the patient for whom, or the by the pharmacist and shall bear the full owner of the animal for which the controlled name and address of the ultimate user for substance is dispensed, and the full name, whom, or of the owner of the animal for address and registry number under the laws which the controlled substance is dispensed, of the United States relating to controlled and the full name, address, and registry substances of the prescriber, if he is required number under the law of the United States by those laws to be registered. If the relating to controlled substances of the prescription is for an animal it shall state the prescriber prescribing if he is required by species of animal for which it is ordered. those laws to be so registered, and the The practitioner filling the prescription shall pharmacist filling such oral prescription write the date of filling and his own shall write the date of filling and his own signature on the face of the written signature on the face of such written prescription. The written prescription shall memorandum thereof. The facsimile copy of be retained on file by the practitioner who the prescription or written memorandum of filled it or pharmacy in which the the oral prescription shall be retained on file prescription was filled for a period of 2 by the proprietor of the pharmacy in which years, so as to be readily accessible for it is filled for a period of not less than two inspection or removal by any officer or years, so as to be readily accessible for employee engaged in the enforcement of this inspection by any officer or employee Act. Whenever the practitioner's or engaged in the enforcement of this Act in pharmacy's copy of any prescription is the same manner as a written prescription. removed by an officer or employee engaged The facsimile copy of the prescription or oral prescription and the written including all memorandum thereof shall not be filled or information required by paragraph (3), refilled more than 6 months after the date shall be forwarded to the Department of thereof or be refilled more than 5 times, Professional Regulation at its principal unless renewed, in writing, by the office by the 15th day of the following prescriber. month. (c) Except for any non prescription targeted methamphetamine precursor (6) all records of purchases and sales regulated by the Methamphetamine shall be Precursor Control Act, a controlled maintained for not less than 2 years. substance included in Schedule V shall not be distributed or dispensed other than for a (7) no person shall obtain or attempt to medical purpose and not for the purpose of obtain evading this Act, and then: within any consecutive 96 hour period (1) only personally by a person any Schedule V substances of more than 120 registered to milliliters or more than 120 grams dispense a Schedule V controlled containing codeine, dihydrocodeine or any substance and then only to his patients, or of its salts, or ethylmorphine or any of its salts. Any person obtaining any such (2) only personally by a pharmacist, preparations or combination of preparations and then only in excess of this limitation shall be in to a person over 21 years of age who has unlawful possession of such controlled identified himself to the pharmacist by substance. means of 2 positive documents of identification. (8) a person qualified to dispense controlled (3) the dispenser shall record the name substances under this Act and registered and address thereunder shall at no time maintain or keep of the purchaser, the name and quantity in stock a quantity of Schedule V controlled of the product, the date and time of the sale, substances defined and listed in Section 212 and the dispenser's signature. (b) (1), (2) or (3) in excess of 4.5 liters for each substance; a pharmacy shall at no time (4) no person shall purchase or be maintain or keep in stock a quantity of dispensed more Schedule V controlled substances as defined than 120 milliliters or more than 120 in excess of 4.5 liters for each substance, grams of any Schedule V substance which plus the additional quantity of controlled contains codeine, dihydrocodeine, or any substances necessary to fill the largest salts thereof, or ethylmorphine, or any salts number of prescription orders filled by that thereof, in any 96 hour period. The pharmacy for such controlled substances in purchaser shall sign a form, approved by the any one week in the previous year. These Department of Professional Regulation, limitations shall not apply to Schedule V attesting that he has not purchased any controlled substances which Federal law Schedule V controlled substances within the prohibits from being dispensed without a immediately preceding 96 hours. prescription.

(5) a copy of the records of sale, (9) no person shall distribute or dispense butyl (f) Whenever a practitioner dispenses any nitrite for inhalation or other introduction controlled substance except a non into the human body for euphoric or prescription targeted methamphetamine physical effect. precursor regulated by the Methamphetamine Precursor Control Act, (d) Every practitioner shall keep a record he shall affix to the container in which such of controlled substances received by him substance is sold or dispensed, a label and a record of all such controlled indicating the date of initial filling, the substances administered, dispensed or practitioner's name and address, the name of professionally used by him otherwise than the patient, the name of the prescriber, the by prescription. It shall, however, be directions for use and cautionary statements, sufficient compliance with this paragraph if if any, contained in any prescription or any practitioner utilizing controlled required by law, the proprietary name or substances listed in Schedules III, IV and V names or the established name of the shall keep a record of all those substances controlled substance, and the dosage and dispensed and distributed by him other than quantity, except as otherwise authorized by those controlled substances which are regulation by the Department of administered by the direct application of a Professional Regulation. No person shall controlled substance, whether by injection, alter, deface or remove any label so affixed. inhalation, ingestion, or any other means to (g) A person to whom or for whose use the body of a patient or research subject. A any controlled substance has been practitioner who dispenses, other than by prescribed or dispensed by a practitioner, or administering, a controlled substance in other persons authorized under this Act, and Schedule II, which is a narcotic drug listed the owner of any animal for which such in Section 206 of this Act, or which contains substance has been prescribed or dispensed any quantity of amphetamine or by a veterinarian, may lawfully possess such methamphetamine, their salts, optical substance only in the container in which it isomers or salts of optical isomers, was delivered to him by the person pentazocine, or methaqualone shall do so dispensing such substance. only upon the issuance of a written (h) The responsibility for the proper prescription blank by a prescriber. prescribing or dispensing of controlled (e) Whenever a manufacturer distributes a substances is upon the prescriber and the controlled substance in a package prepared responsibility for the proper filling of a by him, and whenever a wholesale prescription for controlled substance drugs distributor distributes a controlled substance rests with the pharmacist. An order in a package prepared by him or the purporting to be a prescription issued to any manufacturer, he shall securely affix to each individual, which is not in the regular course package in which that substance is contained of professional treatment nor part of an a label showing in legible English the name authorized methadone maintenance and address of the manufacturer, the program, nor in legitimate and authorized distributor and the quantity, kind and form research instituted by any accredited of controlled substance contained therein. hospital, educational institution, charitable No person except a pharmacist and only for foundation, or federal, state or local the purposes of filling a prescription under governmental agency, and which is intended this Act, shall alter, deface or remove any to provide that individual with controlled label so affixed. substances sufficient to maintain that individual's or any other individual's the patient's record, signed by the prescriber, physical or psychological addiction, habitual dated, and shall state the name, and quantity or customary use, dependence, or diversion of controlled substances ordered and the of that controlled substance is not a quantity actually administered. The records prescription within the meaning and intent of such prescriptions shall be maintained for of this Act; and the person issuing it, shall two years and shall be available for be subject to the penalties provided for inspection by officers and employees of the violations of the law relating to controlled Department of State Police, and the substances. Department of Professional Regulation. (i) A prescriber shall not preprint or cause (b) Controlled substances that can to be preprinted a prescription for any lawfully be administered or dispensed controlled substance; nor shall any directly to a patient in a long term care practitioner issue, fill or cause to be issued facility licensed by the Department of Public or filled, a preprinted prescription for any Health as a skilled nursing facility, controlled substance. intermediate care facility, or long term care (j) No person shall manufacture, dispense, facility for residents under 22 years of age, deliver, possess with intent to deliver, are exempt from the requirements of Section prescribe, or administer or cause to be 312 except that a prescription for a Schedule administered under his direction any II controlled substance must be either a anabolic steroid, for any use in humans written prescription signed by the prescriber other than the treatment of disease in or a written prescription transmitted by the accordance with the order of a physician prescriber or prescriber's agent to the licensed to practice medicine in all its dispensing pharmacy by facsimile. The branches for a valid medical purpose in the facsimile serves as the original prescription course of professional practice. The use of and must be maintained for 2 years from the anabolic steroids for the purpose of date of issue in the same manner as a written hormonal manipulation that is intended to prescription signed by the prescriber. increase muscle mass, strength or weight (c) A prescription that is written for a without a medical necessity to do so, or for Schedule II controlled substance to be the intended purpose of improving physical compounded for direct administration by appearance or performance in any form of parenteral, intravenous, intramuscular, exercise, sport, or game, is not a valid subcutaneous, or intraspinal infusion to a medical purpose or in the course of patient in a private residence, long term care professional practice. facility, or hospice program may be (Source: P.A. 96 166, eff. 1 1 10.) transmitted by facsimile by the prescriber or the prescriber's agent to the pharmacy providing the home infusion services. The (720 ILCS 570/313) (from Ch. 56 1/2, facsimile serves as the original written par. 1313) prescription for purposes of this paragraph Sec. 313. (a) Controlled substances which (c) and it shall be maintained in the same are lawfully administered in hospitals or manner as the original written prescription. institutions licensed under the "Hospital (c 1) A prescription written for a Schedule Licensing Act" shall be exempt from the II controlled substance for a patient residing requirements of Sections 312 and 316 in a hospice certified by Medicare under except that the prescription for the Title XVIII of the Social Security Act or controlled substance shall be in writing on licensed by the State may be transmitted by the practitioner or the practitioner's agent to Sec. 314. the dispensing pharmacy by facsimile. The Except when a practitioner shall dispense practitioner or practitioner's agent must note on behalf of a charitable organization as on the prescription that the patient is a defined in Section 501 (c) of the Federal hospice patient. The facsimile serves as the "Internal Revenue Act", and then in original written prescription for purposes of conformance with other provisions of State this paragraph (c 1) and it shall be and Federal laws relating to the dispensing maintained in the same manner as the of controlled substances, no practitioner original written prescription. shall dispense a controlled substance by use (d) Controlled substances which are of the United States mails or other lawfully administered and/or dispensed in commercial carriers. drug abuse treatment programs licensed by (Source: P. A. 77 757.) the Department shall be exempt from the requirements of Sections 312 and 316, except that the prescription for such (720 ILCS 570/315) (from Ch. 56 1/2, controlled substances shall be issued and par. 1315) authenticated on official prescription logs Sec. 315. prepared and supplied by the Department. No controlled substance shall be The official prescription logs issued by the advertised to the public by name. Department shall be printed in triplicate on (Source: P.A. 77 757.) distinctively marked paper and furnished to programs at reasonable cost. The official prescription logs furnished to the programs (720 ILCS 570/316) shall contain, in preprinted form, such Sec. 316. Schedule II controlled substance information as the Department may require. prescription monitoring program. The The official prescription logs shall be Department must provide for a Schedule II properly endorsed by a physician licensed to controlled substance prescription monitoring practice medicine in all its branches issuing program that includes the following the order, with his own signature and the components: date of ordering, and further endorsed by the (1) The dispenser must transmit to the practitioner actually administering or central dispensing the dosage at the time of such repository the following information: administering or dispensing in accordance with requirements issued by the Department. (A) The recipient's name. The duplicate copy shall be retained by the (B) The recipient's address. program for a period of not less than three (C) The national drug code number years nor more than seven years; the original of the and triplicate copy shall be returned to the Schedule II controlled substance Department at its principal office in dispensed. accordance with requirements set forth by the Department. (D) The date the controlled (Source: P.A. 95 442, eff. 1 1 08.) substance is dispensed.

(720 ILCS 570/314) (from Ch. 56 1/2, (E) The quantity of the controlled par. 1314) substance dispensed. central repository for the collection of information transmitted under Section 316 (F) The dispenser's United States and 321. Drug (b) The central repository must do the Enforcement Administration following: registration number. (1) Create a database for information required to be (G) The prescriber's United States transmitted under Section 316 in the form Drug required under rules adopted by the Enforcement Administration Department, including search capability for registration number. the following:

(2) The information required to be (A) A recipient's name. transmitted under (B) A recipient's address. this Section must be transmitted not more (C) The national drug code number than 7 days after the date on which a of a controlled substance is dispensed. controlled substance dispensed.

(3) A dispenser must transmit the (D) The dates a controlled substance information is required under this Section by: dispensed.

(A) an electronic device compatible (E) The quantities of a controlled with the substance receiving device of the central dispensed. repository; (F) A dispenser's United States Drug (B) a computer diskette; Enforcement (C) a magnetic tape; or Administration registration number. (D) a pharmacy universal claim form or Pharmacy (G) A prescriber's United States Inventory Control form; Drug Enforcement Administration that meets specifications prescribed by the registration number. Department. Controlled substance prescription (2) Provide the Department with a monitoring does not apply to controlled database substance prescriptions as exempted under maintained by the central repository. The Section 313. Department of Financial and Professional (Source: P.A. 95 442, eff. 1 1 08.) Regulation must provide the Department with electronic access to the license information of a prescriber or dispenser. The (720 ILCS 570/317) Department of Financial and Professional Sec. 317. Central repository for collection Regulation may charge a fee for this access of information. not to exceed the actual cost of furnishing (a) The Department must designate a the information. Attorney General, a deputy Attorney (3) Secure the information collected by General, or an investigator from the office the central of the Attorney General, who is engaged in repository and the database maintained any of the following activities involving by the central repository against access by controlled substances: unauthorized persons. (A) an investigation; No fee shall be charged for access by a (B) an adjudication; or prescriber or (C) a prosecution of a violation dispenser. under any State or federal law that involves a (Source: P.A. 95 442, eff. 1 1 08.) controlled substance.

(3) A law enforcement officer who is: (720 ILCS 570/318) (A) authorized by the Department of Sec. 318. Confidentiality of information. State Police (a) Information received by the central or the office of a county sheriff or repository under Section 316 and 321 is State's Attorney or municipal police confidential. department of Illinois to receive information (b) The Department must carry out a of the type requested for the purpose of program to protect the confidentiality of the investigations involving controlled information described in subsection (a). The substances; or Department may disclose the information to another person only under subsection (c), (B) approved by the Department to (d), or (f) and may charge a fee not to receive exceed the actual cost of furnishing the information of the type requested for information. the purpose of investigations involving (c) The Department may disclose controlled substances; and confidential information described in subsection (a) to any person who is engaged (C) engaged in the investigation or in receiving, processing, or storing the prosecution information. of a violation under any State or (d) The Department may release federal law that involves a controlled confidential information described in substance. subsection (a) to the following persons: (1) A governing body that licenses (e) Before the Department releases practitioners and confidential information under subsection is engaged in an investigation, an (d), the applicant must demonstrate in adjudication, or a prosecution of a violation writing to the Department that: under any State or federal law that involves (1) the applicant has reason to believe a controlled substance. that a violation under any State or federal law (2) An investigator for the Consumer that involves a controlled substance has Protection occurred; and Division of the office of the Attorney General, a prosecuting attorney, the (2) the requested information is reasonably related warranted. However, failure to comply with to the investigation, adjudication, or this subsection (g) does not invalidate the prosecution of the violation described in use of any evidence that is otherwise subdivision (1). admissible in a proceeding described in subsection (h). (f) The Department may receive and (h) An investigator or a law enforcement release prescription record information to: officer receiving confidential information (1) a governing body that licenses under subsection (c), (d), or (f) may disclose practitioners; the information to a law enforcement officer (2) an investigator for the Consumer or an attorney for the office of the Attorney Protection General for use as evidence in the following: Division of the office of the Attorney (1) A proceeding under any State or General, a prosecuting attorney, the federal law that Attorney General, a deputy Attorney involves a controlled substance. General, or an investigator from the office of the Attorney General; (2) A criminal proceeding or a proceeding in (3) any Illinois law enforcement officer juvenile court that involves a controlled who is: substance. (A) authorized to receive the type of information released; and (i) The Department may compile statistical reports from the information (B) approved by the Department to described in subsection (a). The reports must receive the not include information that identifies, by type of information released; or name, license or address, any practitioner, dispenser, ultimate user, or other person (4) prescription monitoring entities in administering a controlled substance. other states (j) Based upon federal, initial and per the provisions outlined in subsection maintenance funding, a prescriber and (g) and (h) below; dispenser inquiry system shall be developed to assist the medical community in its goal confidential prescription record information of effective clinical practice and to prevent collected under Sections 316 and 321 that patients from diverting or abusing identifies vendors or practitioners, or both, medications. who are prescribing or dispensing large (1) An inquirer shall have read only quantities of Schedule II, III, IV, or V access to a controlled substances outside the scope of stand alone database which shall contain their practice, pharmacy, or business, as records for the previous 6 months. determined by the Advisory Committee created by Section 320. (2) Dispensers may, upon positive and (g) The information described in secure subsection (f) may not be released until it identification, make an inquiry on a has been reviewed by an employee of the patient or customer solely for a medical Department who is licensed as a prescriber purpose as delineated within the federal or a dispenser and until that employee has HIPAA law. certified that further investigation is (3) The Department shall provide a one controlled substances to be included in the to one secure program required under Section 316 and link and encrypted software necessary to 321. establish the link between an inquirer and the Department. Technical assistance shall (2) Design for the creation of the also be provided. database required under Section 317. (4) Written inquiries are acceptable but must (3) Requirements for the development include the fee and the requestor's Drug and Enforcement Administration license number installation of on line electronic access and submitted upon the requestor's business by the Department to information collected stationary. by the central repository.

(5) No data shall be stored in the (Source: P.A. 95 442, eff. 1 1 08.) database beyond 24 months. (720 ILCS 570/320) (6) Tracking analysis shall be Sec. 320. Advisory committee. established and used (a) The Secretary of Human Services per administrative rule. must appoint an advisory committee to assist the Department in implementing the (7) Nothing in this Act or Illinois law controlled substance prescription monitoring shall be program created by Section 316 and 321 of construed to require a prescriber or this Act. The Advisory Committee consists dispenser to make use of this inquiry of prescribers and dispensers. system. (b) The Secretary of Human Services must determine the number of members to (8) If there is an adverse outcome serve on the advisory committee. The because of a Secretary must choose one of the members prescriber or dispenser making an of the advisory committee to serve as chair inquiry, which is initiated in good faith, the of the committee. prescriber or dispenser shall be held (c) The advisory committee may appoint harmless from any civil liability. its other officers as it deems appropriate. (d) The members of the advisory (Source: P.A. 95 442, eff. 1 1 08.) committee shall receive no compensation for their services as members of the advisory committee but may be reimbursed for their (720 ILCS 570/319) actual expenses incurred in serving on the Sec. 319. Rules. The Department must advisory committee. adopt rules under the Illinois Administrative (Source: P.A. 95 442, eff. 1 1 08.) Procedure Act to implement Sections 316 through 321, including the following: (1) Information collection and retrieval (720 ILCS 570/321) procedures Sec. 321. Schedule III, IV, and V for the central repository, including the controlled substance prescription monitoring program. substance in Schedule I or II, or that was (a) The Department shall provide for a specifically designed to produce an effect Schedule III, IV, and V controlled substantially similar to that of a controlled substances prescription monitoring program substance in Schedule I or II. Examples of contingent upon full funding from the chemical classes in which controlled authorized federal agency less incidental substance analogs are found include, but are expenses. not limited to, the following: (b) Prescription data collected for phenethylamines, N substituted piperidines, Schedules III, IV, and V shall include the morphinans, ecgonines, quinazolinones, components listed in Section 316(1), (2), substituted indoles, and and (3). arylcycloalkylamines. For purposes of this (c) The information required to be Act, a controlled substance analog shall be transmitted under this Section must be treated in the same manner as the controlled transmitted not more than 7 days after the substance to which it is substantially similar. date on which a controlled substance is (a) Any person who violates this Section dispensed. with respect to the following amounts of (d) If federal funding is not provided, the controlled or counterfeit substances or Department shall cease data collection for controlled substance analogs, Schedules III, IV, and V. notwithstanding any of the provisions of (e) All requirements for this Section shall subsections (c), (d), (e), (f), (g) or (h) to the comply with the federal HIPAA statute. contrary, is guilty of a Class X felony and (Source: P.A. 95 442, eff. 1 1 08.) shall be sentenced to a term of imprisonment as provided in this subsection (a) and fined as provided in subsection (b): (720 ILCS 570/Art. IV heading) (1) (A) not less than 6 years and not ARTICLE IV more than 30 years with respect to 15 grams or more but less than 100 grams of a substance (720 ILCS 570/401) (from Ch. 56 1/2, containing heroin, or an analog thereof; par. 1401) Sec. 401. Except as authorized by this (B) not less than 9 years and not Act, it is unlawful for any person knowingly more than 40 to manufacture or deliver, or possess with years with respect to 100 grams or intent to manufacture or deliver, a controlled more but less than 400 grams of a substance substance other than methamphetamine, a containing heroin, or an analog thereof; counterfeit substance, or a controlled substance analog. A violation of this Act (C) not less than 12 years and not with respect to each of the controlled more than 50 substances listed herein constitutes a single years with respect to 400 grams or and separate violation of this Act. For more but less than 900 grams of a substance purposes of this Section, "controlled containing heroin, or an analog thereof; substance analog" or "analog" means a substance which is intended for human (D) not less than 15 years and not consumption, other than a controlled more than 60 substance, that has a chemical structure years with respect to 900 grams or substantially similar to that of a controlled more of any substance containing heroin, or an analog thereof; years with respect to 900 grams or more of any substance containing cocaine, (1.5) (A) not less than 6 years and not or an analog thereof; more than 30 years with respect to 15 grams or more (3) (A) not less than 6 years and not but less than 100 grams of a substance more than 30 containing fentanyl, or an analog thereof; years with respect to 15 grams or more but less than 100 grams of a substance (B) not less than 9 years and not containing morphine, or an analog thereof; more than 40 years with respect to 100 grams or (B) not less than 9 years and not more but less than 400 grams of a substance more than 40 containing fentanyl, or an analog thereof; years with respect to 100 grams or more but less than 400 grams of a substance (C) not less than 12 years and not containing morphine, or an analog thereof; more than 50 years with respect to 400 grams or (C) not less than 12 years and not more but less than 900 grams of a substance more than 50 containing fentanyl, or an analog thereof; years with respect to 400 grams or more but less than 900 grams of a substance (D) not less than 15 years and not containing morphine, or an analog thereof; more than 60 years with respect to 900 grams or (D) not less than 15 years and not more of a substance containing fentanyl, or more than 60 an analog thereof; years with respect to 900 grams or more of a substance containing morphine, or (2) (A) not less than 6 years and not an analog thereof; more than 30 years with respect to 15 grams or more (4) 200 grams or more of any substance but less than 100 grams of a substance containing containing cocaine, or an analog thereof; peyote, or an analog thereof;

(B) not less than 9 years and not (5) 200 grams or more of any substance more than 40 containing a years with respect to 100 grams or derivative of barbituric acid or any of the more but less than 400 grams of a substance salts of a derivative of barbituric acid, or an containing cocaine, or an analog thereof; analog thereof;

(C) not less than 12 years and not (6) 200 grams or more of any substance more than 50 containing years with respect to 400 grams or amphetamine or any salt of an optical more but less than 900 grams of a substance isomer of amphetamine, or an analog containing cocaine, or an analog thereof; thereof;

(D) not less than 15 years and not (6.5) (blank); more than 60 (6.6) (blank); (7) (A) not less than 6 years and not acid diethylamide (LSD), or an analog more than 30 thereof, or (ii) 1500 or more objects or 1500 years with respect to: (i) 15 grams or or more segregated parts of an object or more but less than 100 grams of a substance objects containing in them or having upon containing lysergic acid diethylamide them any amount of a substance containing (LSD), or an analog thereof, or (ii) 15 or lysergic acid diethylamide (LSD), or an more objects or 15 or more segregated parts analog thereof; of an object or objects but less than 200 objects or 200 segregated parts of an object (7.5) (A) not less than 6 years and not or objects containing in them or having upon more than 30 them any amounts of any substance years with respect to: (i) 15 grams or containing lysergic acid diethylamide more but less than 100 grams of a substance (LSD), or an analog thereof; listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) (B) not less than 9 years and not of subsection (d) of Section 204, or an more than 40 analog or derivative thereof, or (ii) 15 or years with respect to: (i) 100 grams or more pills, tablets, caplets, capsules, or more but less than 400 grams of a substance objects but less than 200 pills, tablets, containing lysergic acid diethylamide caplets, capsules, or objects containing in (LSD), or an analog thereof, or (ii) 200 or them or having upon them any amounts of more objects or 200 or more segregated any substance listed in paragraph (1), (2), parts of an object or objects but less than (2.1), (2.2), (3), (14.1), (19), (20), (20.1), 600 objects or less than 600 segregated parts (21), (25), or (26) of subsection (d) of of an object or objects containing in them or Section 204, or an analog or derivative having upon them any amount of any thereof; substance containing lysergic acid diethylamide (LSD), or an analog thereof; (B) not less than 9 years and not more than 40 (C) not less than 12 years and not years with respect to: (i) 100 grams or more than 50 more but less than 400 grams of a substance years with respect to: (i) 400 grams or listed in paragraph (1), (2), (2.1), (2.2), (3), more but less than 900 grams of a substance (14.1), (19), (20), (20.1), (21), (25), or (26) containing lysergic acid diethylamide of subsection (d) of Section 204, or an (LSD), or an analog thereof, or (ii) 600 or analog or derivative thereof, or (ii) 200 or more objects or 600 or more segregated more pills, tablets, caplets, capsules, or parts of an object or objects but less than objects but less than 600 pills, tablets, 1500 objects or 1500 segregated parts of an caplets, capsules, or objects containing in object or objects containing in them or them or having upon them any amount of having upon them any amount of any any substance listed in paragraph (1), (2), substance containing lysergic acid (2.1), (2.2), (3), (14.1), (19), (20), (20.1), diethylamide (LSD), or an analog thereof; (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative (D) not less than 15 years and not thereof; more than 60 years with respect to: (i) 900 grams or (C) not less than 12 years and not more of any substance containing lysergic more than 50 years with respect to: (i) 400 grams or and salts of isomers of phencyclidine (PCP), more but less than 900 grams of a substance or an analog thereof; listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) (10.5) 30 grams or more of any of subsection (d) of Section 204, or an substance containing analog or derivative thereof, or (ii) 600 or ketamine or any of the salts, isomers and more pills, tablets, caplets, capsules, or salts of isomers of ketamine, or an analog objects but less than 1,500 pills, tablets, thereof; caplets, capsules, or objects containing in them or having upon them any amount of (11) 200 grams or more of any any substance listed in paragraph (1), (2), substance containing (2.1), (2.2), (3), (14.1), (19), (20), (20.1), any other controlled substance classified (21), (25), or (26) of subsection (d) of in Schedules I or II, or an analog thereof, Section 204, or an analog or derivative which is not otherwise included in this thereof; subsection.

(D) not less than 15 years and not (b) Any person sentenced with respect to more than 60 violations of paragraph (1), (2), (3), (7), or years with respect to: (i) 900 grams or (7.5) of subsection (a) involving 100 grams more of any substance listed in paragraph or more of the controlled substance named (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), therein, may in addition to the penalties (20.1), (21), (25), or (26) of subsection (d) provided therein, be fined an amount not of Section 204, or an analog or derivative more than $500,000 or the full street value thereof, or (ii) 1,500 or more pills, tablets, of the controlled or counterfeit substance or caplets, capsules, or objects containing in controlled substance analog, whichever is them or having upon them any amount of a greater. The term "street value" shall have substance listed in paragraph (1), (2), (2.1), the meaning ascribed in Section 110 5 of the (2.2), (3), (14.1), (19), (20), (20.1), (21), Code of Criminal Procedure of 1963. Any (25), or (26) of subsection (d) of Section person sentenced with respect to any other 204, or an analog or derivative thereof; provision of subsection (a), may in addition to the penalties provided therein, be fined an (8) 30 grams or more of any substance amount not to exceed $500,000. containing (b 1) Excluding violations of this Act pentazocine or any of the salts, isomers when the controlled substance is fentanyl, and salts of isomers of pentazocine, or an any person sentenced to a term of analog thereof; imprisonment with respect to violations of Section 401, 401.1, 405, 405.1, 405.2, or (9) 30 grams or more of any substance 407, when the substance containing the containing controlled substance contains any amount of methaqualone or any of the salts, isomers fentanyl, 3 years shall be added to the term and salts of isomers of methaqualone, or an of imprisonment imposed by the court, and analog thereof; the maximum sentence for the offense shall be increased by 3 years. (10) 30 grams or more of any substance (c) Any person who violates this Section containing with regard to the following amounts of phencyclidine or any of the salts, isomers controlled or counterfeit substances or controlled substance analogs, grams of notwithstanding any of the provisions of any substance containing lysergic acid subsections (a), (b), (d), (e), (f), (g) or (h) to diethylamide (LSD), or an analog thereof, or the contrary, is guilty of a Class 1 felony. (ii) more than 10 objects or more than 10 The fine for violation of this subsection (c) segregated parts of an object or objects but shall not be more than $250,000: less than 15 objects or less than 15 (1) 1 gram or more but less than 15 segregated parts of an object containing in grams of any them or having upon them any amount of substance containing heroin, or an analog any substance containing lysergic acid thereof; diethylamide (LSD), or an analog thereof;

(1.5) 1 gram or more but less than 15 (7.5) (i) 5 grams or more but less than grams of any 15 grams of substance containing fentanyl, or an any substance listed in paragraph (1), (2), analog thereof; (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of (2) 1 gram or more but less than 15 Section 204, or an analog or derivative grams of any thereof, or (ii) more than 10 pills, tablets, substance containing cocaine, or an caplets, capsules, or objects but less than 15 analog thereof; pills, tablets, caplets, capsules, or objects containing in them or having upon them any (3) 10 grams or more but less than 15 amount of any substance listed in paragraph grams of any (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), substance containing morphine, or an (20.1), (21), (25), or (26) of subsection (d) analog thereof; of Section 204, or an analog or derivative thereof; (4) 50 grams or more but less than 200 grams of any (8) 10 grams or more but less than 30 substance containing peyote, or an analog grams of any thereof; substance containing pentazocine or any of the salts, isomers and salts of isomers of (5) 50 grams or more but less than 200 pentazocine, or an analog thereof; grams of any substance containing a derivative of (9) 10 grams or more but less than 30 barbituric acid or any of the salts of a grams of any derivative of barbituric acid, or an analog substance containing methaqualone or thereof; any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof; (6) 50 grams or more but less than 200 grams of any (10) 10 grams or more but less than 30 substance containing amphetamine or grams of any any salt of an optical isomer of substance containing phencyclidine or amphetamine, or an analog thereof; any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog (6.5) (blank); thereof; (7) (i) 5 grams or more but less than 15 (10.5) 10 grams or more but less than shall not be more than $125,000. 30 grams of (g) Any person who violates this Section any substance containing ketamine or with regard to any other amount of a any of the salts, isomers and salts of isomers controlled or counterfeit substance classified of ketamine, or an analog thereof; in Schedule IV is guilty of a Class 3 felony. The fine for violation of this subsection (g) (11) 50 grams or more but less than shall not be more than $100,000. 200 grams of any (h) Any person who violates this Section substance containing a substance with regard to any other amount of a classified in Schedules I or II, or an analog controlled or counterfeit substance classified thereof, which is not otherwise included in in Schedule V is guilty of a Class 3 felony. this subsection. The fine for violation of this subsection (h) shall not be more than $75,000. (c 5) (Blank). (i) This Section does not apply to the (d) Any person who violates this Section manufacture, possession or distribution of a with regard to any other amount of a substance in conformance with the controlled or counterfeit substance classified provisions of an approved new drug in Schedules I or II, or an analog thereof, application or an exemption for which is (i) a narcotic drug, (ii) lysergic acid investigational use within the meaning of diethylamide (LSD) or an analog thereof, Section 505 of the Federal Food, Drug and (iii) any substance containing amphetamine Cosmetic Act. or fentanyl or any salt or optical isomer of (j) (Blank). amphetamine or fentanyl, or an analog (Source: P.A. 95 259, eff. 8 17 07; 96 347, thereof, or (iv) any substance containing N eff. 1 1 10.) Benzylpiperazine (BZP) or any salt or optical isomer of N Benzylpiperazine (BZP), or an analog thereof, is guilty of a (720 ILCS 570/401.1) (from Ch. 56 1/2, Class 2 felony. The fine for violation of this par. 1401.1) subsection (d) shall not be more than Sec. 401.1. Controlled Substance $200,000. Trafficking. (d 5) (Blank). (a) Except for purposes as authorized by (e) Any person who violates this Section this Act, any person who knowingly brings with regard to any other amount of a or causes to be brought into this State for the controlled substance other than purpose of manufacture or delivery or with methamphetamine or counterfeit substance the intent to manufacture or deliver a classified in Schedule I or II, or an analog controlled substance other than thereof, which substance is not included methamphetamine or counterfeit substance under subsection (d) of this Section, is guilty in this or any other state or country is guilty of a Class 3 felony. The fine for violation of of controlled substance trafficking. this subsection (e) shall not be more than (b) A person convicted of controlled $150,000. substance trafficking shall be sentenced to a (f) Any person who violates this Section term of imprisonment not less than twice the with regard to any other amount of a minimum term and fined an amount as controlled or counterfeit substance classified authorized by Section 401 of this Act, based in Schedule III is guilty of a Class 3 felony. upon the amount of controlled or counterfeit The fine for violation of this subsection (f) substance brought or caused to be brought into this State, and not more than twice the substances listed herein constitutes a single maximum term of imprisonment and fined and separate violation of this Act. For twice the amount as authorized by Section purposes of this Section, "controlled 401 of this Act, based upon the amount of substance analog" or "analog" means a controlled or counterfeit substance brought substance which is intended for human or caused to be brought into this State. consumption, other than a controlled (c) It shall be a Class 2 felony for which a substance, that has a chemical structure fine not to exceed $100,000 may be imposed substantially similar to that of a controlled for any person to knowingly use a cellular substance in Schedule I or II, or that was radio telecommunication device in the specifically designed to produce an effect furtherance of controlled substance substantially similar to that of a controlled trafficking. This penalty shall be in addition substance in Schedule I or II. Examples of to any other penalties imposed by law. chemical classes in which controlled (Source: P.A. 94 556, eff. 9 11 05.) substance analogs are found include, but are not limited to, the following: phenethylamines, N substituted piperidines, (720 ILCS 570/401.5) morphinans, ecgonines, quinazolinones, Sec. 401.5. Chemical breakdown of illicit substituted indoles, and controlled substance. arylcycloalkylamines. For purposes of this (a) It is unlawful for any person to Act, a controlled substance analog shall be manufacture a controlled substance other treated in the same manner as the controlled than methamphetamine prohibited by this substance to which it is substantially similar. Act by chemically deriving the controlled (a) Any person who violates this Section substance from one or more other controlled with respect to the following controlled or substances prohibited by this Act. counterfeit substances and amounts, (a 5) It is unlawful for any person to notwithstanding any of the provisions of possess any substance with the intent to use subsections (c) and (d) to the contrary, is the substance to facilitate the manufacture of guilty of a Class 1 felony and shall, if any controlled substance other than sentenced to a term of imprisonment, be methamphetamine, any counterfeit sentenced as provided in this subsection (a) substance, or any controlled substance and fined as provided in subsection (b): analog other than as authorized by this Act. (1) (A) not less than 4 years and not (b) A violation of this Section is a Class 4 more than 15 felony. years with respect to 15 grams or more (c) (Blank). but less than 100 grams of a substance (Source: P.A. 94 556, eff. 9 11 05.) containing heroin;

(B) not less than 6 years and not (720 ILCS 570/402) (from Ch. 56 1/2, more than 30 par. 1402) years with respect to 100 grams or Sec. 402. Except as otherwise authorized more but less than 400 grams of a substance by this Act, it is unlawful for any person containing heroin; knowingly to possess a controlled or counterfeit substance or controlled (C) not less than 8 years and not substance analog. A violation of this Act more than 40 with respect to each of the controlled years with respect to 400 grams or more but less than 900 grams of any more but less than 900 grams of any substance containing heroin; substance containing morphine;

(D) not less than 10 years and not (D) not less than 10 years and not more than 50 more than 50 years with respect to 900 grams or years with respect to 900 grams or more of any substance containing heroin; more of any substance containing morphine;

(2) (A) not less than 4 years and not (4) 200 grams or more of any substance more than 15 containing years with respect to 15 grams or more peyote; but less than 100 grams of any substance containing cocaine; (5) 200 grams or more of any substance containing a (B) not less than 6 years and not derivative of barbituric acid or any of the more than 30 salts of a derivative of barbituric acid; years with respect to 100 grams or more but less than 400 grams of any (6) 200 grams or more of any substance substance containing cocaine; containing amphetamine or any salt of an optical (C) not less than 8 years and not isomer of amphetamine; more than 40 years with respect to 400 grams or (6.5) (blank); more but less than 900 grams of any (7) (A) not less than 4 years and not substance containing cocaine; more than 15 years with respect to: (i) 15 grams or (D) not less than 10 years and not more but less than 100 grams of any more than 50 substance containing lysergic acid years with respect to 900 grams or diethylamide (LSD), or an analog thereof, or more of any substance containing cocaine; (ii) 15 or more objects or 15 or more segregated parts of an object or objects but (3) (A) not less than 4 years and not less than 200 objects or 200 segregated parts more than 15 of an object or objects containing in them or years with respect to 15 grams or more having upon them any amount of any but less than 100 grams of any substance substance containing lysergic acid containing morphine; diethylamide (LSD), or an analog thereof;

(B) not less than 6 years and not (B) not less than 6 years and not more than 30 more than 30 years with respect to 100 grams or years with respect to: (i) 100 grams or more but less than 400 grams of any more but less than 400 grams of any substance containing morphine; substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (C) not less than 6 years and not (ii) 200 or more objects or 200 or more more than 40 segregated parts of an object or objects but years with respect to 400 grams or less than 600 objects or less than 600 segregated parts of an object or objects (20.1), (21), (25), or (26) of subsection (d) containing in them or having upon them any of Section 204, or an analog or derivative amount of any substance containing lysergic thereof; acid diethylamide (LSD), or an analog thereof; (B) not less than 6 years and not more than 30 (C) not less than 8 years and not years with respect to: (i) 100 grams or more than 40 more but less than 400 grams of any years with respect to: (i) 400 grams or substance listed in paragraph (1), (2), (2.1), more but less than 900 grams of any (2.2), (3), (14.1), (19), (20), (20.1), (21), substance containing lysergic acid (25), or (26) of subsection (d) of Section diethylamide (LSD), or an analog thereof, or 204, or an analog or derivative thereof, or (ii) 600 or more objects or 600 or more (ii) 200 or more pills, tablets, caplets, segregated parts of an object or objects but capsules, or objects but less than 600 pills, less than 1500 objects or 1500 segregated tablets, caplets, capsules, or objects parts of an object or objects containing in containing in them or having upon them any them or having upon them any amount of amount of any substance listed in paragraph any substance containing lysergic acid (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), diethylamide (LSD), or an analog thereof; (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative (D) not less than 10 years and not thereof; more than 50 years with respect to: (i) 900 grams or (C) not less than 8 years and not more of any substance containing lysergic more than 40 acid diethylamide (LSD), or an analog years with respect to: (i) 400 grams or thereof, or (ii) 1500 or more objects or 1500 more but less than 900 grams of any or more segregated parts of an object or substance listed in paragraph (1), (2), (2.1), objects containing in them or having upon (2.2), (3), (14.1), (19), (20), (20.1), (21), them any amount of a substance containing (25), or (26) of subsection (d) of Section lysergic acid diethylamide (LSD), or an 204, or an analog or derivative thereof, or analog thereof; (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, (7.5) (A) not less than 4 years and not tablets, caplets, capsules, or objects more than 15 containing in them or having upon them any years with respect to: (i) 15 grams or amount of any substance listed in paragraph more but less than 100 grams of any (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), substance listed in paragraph (1), (2), (2.1), (20.1), (21), (25), or (26) of subsection (d) (2.2), (3), (14.1), (19), (20), (20.1), (21), of Section 204, or an analog or derivative (25), or (26) of subsection (d) of Section thereof; 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, (D) not less than 10 years and not capsules, or objects but less than 200 pills, more than 50 tablets, caplets, capsules, or objects years with respect to: (i) 900 grams or containing in them or having upon them any more of any substance listed in paragraph amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative shall have the meaning ascribed in Section thereof, or (ii) 1,500 or more pills, tablets, 110 5 of the Code of Criminal Procedure of caplets, capsules, or objects containing in 1963. Any person sentenced with respect to them or having upon them any amount of a any other provision of subsection (a), may in substance listed in paragraph (1), (2), (2.1), addition to the penalties provided therein, be (2.2), (3), (14.1), (19), (20), (20.1), (21), fined an amount not to exceed $200,000. (25), or (26) of subsection (d) of Section (c) Any person who violates this Section 204, or an analog or derivative thereof; with regard to an amount of a controlled substance other than methamphetamine or (8) 30 grams or more of any substance counterfeit substance not set forth in containing subsection (a) or (d) is guilty of a Class 4 pentazocine or any of the salts, isomers felony. The fine for a violation punishable and salts of isomers of pentazocine, or an under this subsection (c) shall not be more analog thereof; than $25,000. (d) Any person who violates this Section (9) 30 grams or more of any substance with regard to any amount of anabolic containing steroid is guilty of a Class C misdemeanor methaqualone or any of the salts, isomers for the first offense and a Class B and salts of isomers of methaqualone; misdemeanor for a subsequent offense committed within 2 years of a prior (10) 30 grams or more of any substance conviction. containing (Source: P.A. 95 331, eff. 8 21 07; 96 347, phencyclidine or any of the salts, isomers eff. 1 1 10.) and salts of isomers of phencyclidine (PCP);

(10.5) 30 grams or more of any (720 ILCS 570/404) (from Ch. 56 1/2, substance containing par. 1404) ketamine or any of the salts, isomers and Sec. 404. (a) For the purposes of this salts of isomers of ketamine; Section: (1) "Advertise" means the attempt, by (11) 200 grams or more of any publication, substance containing dissemination, solicitation or circulation, any substance classified as a narcotic to induce directly or indirectly any person to drug in Schedules I or II, or an analog acquire, or enter into an obligation to thereof, which is not otherwise included in acquire, any substance within the scope of this subsection. this Section.

(b) Any person sentenced with respect to (2) "Distribute" has the meaning violations of paragraph (1), (2), (3), (7), or ascribed to it in (7.5) of subsection (a) involving 100 grams subsection (s) of Section 102 of this Act or more of the controlled substance named but as relates to look alike substances. therein, may in addition to the penalties provided therein, be fined an amount not to (3) "Manufacture" means the exceed $200,000 or the full street value of producing, preparing, the controlled or counterfeit substances, compounding, processing, encapsulating, whichever is greater. The term "street value" packaging, repackaging, labeling or relabeling of a look alike substance. registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 (b) It is unlawful for any person U.S.C. 360). knowingly to manufacture, distribute, (Source: P.A. 83 1362.) advertise, or possess with intent to manufacture or distribute a look alike substance. Any person who violates this (720 ILCS 570/405) (from Ch. 56 1/2, subsection (b) shall be guilty of a Class 3 par. 1405) felony, the fine for which shall not exceed Sec. 405. (a) Any person who engages in $150,000. a calculated criminal drug conspiracy, as (c) It is unlawful for any person defined in subsection (b), is guilty of a Class knowingly to possess a look alike substance. X felony. The fine for violation of this Any person who violates this subsection (c) Section shall not be more than $500,000, is guilty of a petty offense. Any person and the offender shall be subject to the convicted of a subsequent offense under this forfeitures prescribed in subsection (c). subsection (c) shall be guilty of a Class C (b) For purposes of this section, a person misdemeanor. engages in a calculated criminal drug (d) In any prosecution brought under this conspiracy when: Section, it is not a defense to a violation of (1) he violates any of the provisions of this Section that the defendant believed the subsection look alike substance actually to be a (a) or (c) of Section 401 or subsection (a) controlled substance. of Section 402; and (e) Nothing in this Section applies to: (1) The manufacture, processing, (2) such violation is a part of a packaging, conspiracy distribution or sale of noncontrolled undertaken or carried on with two or substances to licensed medical practitioners more other persons; and for use as placebos in professional practice or research. (3) he obtains anything of value greater than $500 (2) Persons acting in the course and from, or organizes, directs or finances legitimate scope such violation or conspiracy. of their employment as law enforcement officers. (c) Any person who is convicted under this section of engaging in a calculated (3) The retention of production samples criminal drug conspiracy shall forfeit to the of State of Illinois: noncontrolled substances produced prior (1) the receipts obtained by him in such to the effective date of this amendatory Act conspiracy; of 1982, where such samples are required by and federal law. (2) any of his interests in, claims (f) Nothing in this Section or in this Act against, applies to the lawful manufacture, receipts from, or property or rights of any processing, packaging, advertising or kind affording a source of influence over, distribution of a drug or drugs by any person such conspiracy.

(d) The circuit court may enter such (720 ILCS 570/405.2) injunctions, restraining orders, directions or Sec. 405.2. Streetgang criminal drug prohibitions, or to take such other actions, conspiracy. including the acceptance of satisfactory (a) Any person who engages in a performance bonds, in connection with any streetgang criminal drug conspiracy, as property, claim, receipt, right or other defined in this Section, is guilty of a Class X interest subject to forfeiture under this felony for which the offender shall be Section, as it deems proper. sentenced to a term of imprisonment as (Source: P.A. 91 357, eff. 7 29 99.) follows: (1) not less than 15 years and not more than 60 (720 ILCS 570/405.1) (from Ch. 56 1/2, years for a violation of subsection (a) of par. 1405.1) Section 401; Sec. 405.1. (a) Elements of the offense. A person commits criminal drug conspiracy (2) not less than 10 years and not more when, with the intent that an offense set than 30 forth in Section 401, Section 402, or Section years for a violation of subsection (c) of 407 of this Act be committed, he agrees with Section 401. another to the commission of that offense. No person may be convicted of conspiracy For the purposes of this Section, a person to commit such an offense unless an act in engages in a streetgang criminal drug furtherance of such agreement is alleged and conspiracy when: proved to have been committed by him or by (i) he or she violates any of the a co conspirator. provisions of (b) Co conspirators. It shall not be a subsection (a) or (c) of Section 401 of defense to conspiracy that the person or this Act or any provision of the persons with whom the accused is alleged to Methamphetamine Control and Community have conspired: Protection Act; and (1) Has not been prosecuted or convicted, or (ii) such violation is part of a (2) Has been convicted of a different conspiracy offense, or undertaken or carried out with 2 or more (3) Is not amenable to justice, or other persons; and (4) Has been acquitted, or (5) Lacked the capacity to commit an (iii) such conspiracy is in furtherance offense. of the (c) Sentence. A person convicted of activities of an organized gang as defined criminal drug conspiracy may be fined or in the Illinois Streetgang Terrorism imprisoned or both, but any term of Omnibus Prevention Act; and imprisonment imposed shall be not less than the minimum nor more than the maximum (iv) he or she occupies a position of provided for the offense which is the object organizer, a of the conspiracy. supervising person, or any other position (Source: P.A. 89 404, eff. 8 20 95; 90 593, of management with those persons identified eff. 6 19 98.) in clause (ii) of this subsection (a).

The fine for a violation of this Section (2) who is a registrant, to manufacture shall not be more than $500,000, and the a controlled offender shall be subject to the forfeitures substance not authorized by his prescribed in subsection (b). registration, or to distribute or dispense a (b) Subject to the provisions of Section 8 controlled substance not authorized by his of the Drug Asset Forfeiture Procedure Act, registration to another registrant or other any person who is convicted under this authorized person; or Section of engaging in a streetgang criminal drug conspiracy shall forfeit to the State of (3) to refuse or fail to make, keep or Illinois: furnish any (1) the receipts obtained by him or her record, notification, order form, in such statement, invoice or information required conspiracy; and under this Act; or

(2) any of his or her interests in, claims (4) to refuse an entry into any premises against, for any receipts from, or property or rights of any inspection authorized by this Act; or kind affording a source of influence over, such conspiracy. (5) knowingly to keep or maintain any store, shop, (c) The circuit court may enter such warehouse, dwelling, building, vehicle, injunctions, restraining orders, directions or boat, aircraft, or other structure or place, prohibitions, or may take such other actions, which is resorted to by a person unlawfully including the acceptance of satisfactory possessing controlled substances, or which performance bonds, in connection with any is used for possessing, manufacturing, property, claim, receipt, right or other dispensing or distributing controlled interest subject to forfeiture under this substances in violation of this Act. Section, as it deems proper. (Source: P.A. 94 556, eff. 9 11 05.) Any person who violates this subsection (a) is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for (720 ILCS 570/405.3) each subsequent offense. The fine for each Sec. 405.3. (Repealed). subsequent offense shall not be more than (Source: P.A. 93 596, eff. 8 26 03. Repealed $100,000. In addition, any practitioner who by P.A. 94 556, eff. 9 11 05.) is found guilty of violating this subsection (a) is subject to suspension and revocation of his professional license, in accordance (720 ILCS 570/406) (from Ch. 56 1/2, with such procedures as are provided by law par. 1406) for the taking of disciplinary action with Sec. 406. (a) It is unlawful for any person: regard to the license of said practitioner's (1) who is subject to Article III profession. knowingly to (b) It is unlawful for any person distribute or dispense a controlled knowingly: substance in violation of Sections 308 (1) to distribute, as a registrant, a through 314 of this Act; or controlled substance classified in Schedule I or II, or 319 is guilty of a Class A misdemeanor. except pursuant to an order form as required (Source: P.A. 95 487, eff. 1 1 08.) by Section 307 of this Act; or

(2) to use, in the course of the (720 ILCS 570/406.1) (from Ch. 56 1/2, manufacture or par. 1406.1) distribution of a controlled substance, a Sec. 406.1. (a) Any person who controls registration number which is fictitious, any building and who performs the revoked, suspended, or issued to another following act commits the offense of person; or permitting unlawful use of a building: Knowingly grants, permits or makes the (3) to acquire or obtain possession of a building available for use for the purpose of controlled unlawfully manufacturing or delivering a substance by misrepresentation, fraud, controlled substance other than forgery, deception or subterfuge; or methamphetamine. (b) Permitting unlawful use of a building (4) to furnish false or fraudulent is a Class 4 felony. material (Source: P.A. 94 556, eff. 9 11 05.) information in, or omit any material information from, any application, report or other document required to be kept or filed (720 ILCS 570/406.2) under this Act, or any record required to be Sec. 406.2. Unauthorized possession of kept by this Act; or prescription form. (a) A person commits the offense of (5) to make, distribute or possess any unauthorized possession of prescription punch, die, form when he or she knowingly: plate, stone or other thing designed to (1) alters a properly issued prescription print, imprint or reproduce the trademark, form; trade name or other identifying mark, (2) possesses without authorization a imprint or device of another, or any likeness blank of any of the foregoing, upon any controlled prescription form or counterfeit substance or container or labeling thereof so prescription form; or as to render the drug a counterfeit substance; or (3) possesses a prescription form not issued by a (6) (blank); or licensed prescriber. (7) (blank). Any person who violates this subsection (b) Knowledge shall be determined by an (b) is guilty of a Class 4 felony for the first evaluation of offense and a Class 3 felony for each all circumstances surrounding possession subsequent offense. The fine for the first of a blank prescription or possession of a offense shall be not more than $100,000. prescription altered or not issued by a The fine for each subsequent offense shall licensed prescriber. not be more than $200,000. (c) A person who knowingly or (c) Sentence. Any person who violates intentionally violates Section 316, 317, 318, subsection (a) is guilty of a Class 4 felony for the first substance in or on, or within 1,000 feet of, a offense and a Class 3 felony for each truck stop or safety rest area, is guilty of a subsequent offense. The fine for the first Class 2 felony, the fine for which shall not offense shall be not more than $100,000. exceed $200,000; The fine for each subsequent offense shall not be more than $200,000. (C) subsection (e) of Section 401 or subsection (b) (d) For the purposes of this Section, of Section 404 by delivering or "licensed possessing with intent to deliver a prescriber" means a prescriber as defined controlled, counterfeit, or look alike in this Act or an optometrist licensed under substance in or on, or within 1,000 feet of, a the Illinois Optometric Practice Act of 1987. truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $150,000; (Source: P.A. 95 487, eff. 1 1 08.) (D) subsection (f) of Section 401 by delivering or (720 ILCS 570/407) (from Ch. 56 1/2, possessing with intent to deliver a par. 1407) controlled, counterfeit, or look alike Sec. 407. (a) (1)(A) Any person 18 years substance in or on, or within 1,000 feet of, a of age or over who violates any subsection truck stop or safety rest area, is guilty of a of Section 401 or subsection (b) of Section Class 3 felony, the fine for which shall not 404 by delivering a controlled, counterfeit or exceed $125,000; look alike substance to a person under 18 years of age may be sentenced to (E) subsection (g) of Section 401 by imprisonment for a term up to twice the delivering or maximum term and fined an amount up to possessing with intent to deliver a twice that amount otherwise authorized by controlled, counterfeit, or look alike the pertinent subsection of Section 401 and substance in or on, or within 1,000 feet of, a Subsection (b) of Section 404. truck stop or safety rest area, is guilty of a (B) (Blank). Class 3 felony, the fine for which shall not (2) Except as provided in paragraph (3) of exceed $100,000; this subsection, any person who violates: (A) subsection (c) of Section 401 by (F) subsection (h) of Section 401 by delivering or delivering or possessing with intent to deliver a possessing with intent to deliver a controlled, counterfeit, or look alike controlled, counterfeit, or look alike substance in or on, or within 1,000 feet of, a substance in or on, or within 1,000 feet of, a truck stop or safety rest area, is guilty of a truck stop or safety rest area, is guilty of a Class 1 felony, the fine for which shall not Class 3 felony, the fine for which shall not exceed $250,000; exceed $75,000;

(B) subsection (d) of Section 401 by (3) Any person who violates paragraph delivering or (2) of this subsection (a) by delivering or possessing with intent to deliver a possessing with intent to deliver a controlled, counterfeit, or look alike controlled, counterfeit, or look alike substance in or on, or within 1,000 feet of a or other building, structure, or place used truck stop or a safety rest area, following a primarily for religious worship, or within prior conviction or convictions of paragraph 1,000 feet of the real property comprising (2) of this subsection (a) may be sentenced any church, synagogue, or other building, to a term of imprisonment up to 2 times the structure, or place used primarily for maximum term and fined an amount up to 2 religious worship, on the real property times the amount otherwise authorized by comprising any of the following places, Section 401. buildings, or structures used primarily for (4) For the purposes of this subsection (a): housing or providing space for activities for (A) "Safety rest area" means a roadside senior citizens: nursing homes, assisted facility living centers, senior citizen housing removed from the roadway with parking complexes, or senior centers oriented toward and facilities designed for motorists' rest, daytime activities, or within 1,000 feet of comfort, and information needs; and the real property comprising any of the following places, buildings, or structures (B) "Truck stop" means any facility used primarily for housing or providing (and its parking space for activities for senior citizens: areas) used to provide fuel or service, or nursing homes, assisted living centers, both, to any commercial motor vehicle as senior citizen housing complexes, or senior defined in Section 18b 101 of the Illinois centers oriented toward daytime activities is Vehicle Code. guilty of a Class X felony, the fine for which shall not exceed $500,000; (b) Any person who violates: (1) subsection (c) of Section 401 in any (2) subsection (d) of Section 401 in any school, or school, or any conveyance owned, leased or any conveyance owned, leased or contracted by a school to transport students contracted by a school to transport students to or from school or a school related to or from school or a school related activity, or residential property owned, activity, or residential property owned, operated or managed by a public housing operated or managed by a public housing agency or leased by a public housing agency agency or leased by a public housing agency as part of a scattered site or mixed income as part of a scattered site or mixed income development, or public park, on the real development, or public park, on the real property comprising any school or property comprising any school or residential property owned, operated or residential property owned, operated or managed by a public housing agency or managed by a public housing agency or leased by a public housing agency as part of leased by a public housing agency as part of a scattered site or mixed income a scattered site or mixed income development, or public park or within 1,000 development, or public park or within 1,000 feet of the real property comprising any feet of the real property comprising any school or residential property owned, school or residential property owned, operated or managed by a public housing operated or managed by a public housing agency or leased by a public housing agency agency or leased by a public housing agency as part of a scattered site or mixed income as part of a scattered site or mixed income development, or public park, on the real development, or public park, on the real property comprising any church, synagogue, property comprising any church, synagogue, or other building, structure, or place used property comprising any church, synagogue, primarily for religious worship, or within or other building, structure, or place used 1,000 feet of the real property comprising primarily for religious worship, or within any church, synagogue, or other building, 1,000 feet of the real property comprising structure, or place used primarily for any church, synagogue, or other building, religious worship, on the real property structure, or place used primarily for comprising any of the following places, religious worship, on the real property buildings, or structures used primarily for comprising any of the following places, housing or providing space for activities for buildings, or structures used primarily for senior citizens: nursing homes, assisted housing or providing space for activities for living centers, senior citizen housing senior citizens: nursing homes, assisted complexes, or senior centers oriented toward living centers, senior citizen housing daytime activities, or within 1,000 feet of complexes, or senior centers oriented toward the real property comprising any of the daytime activities, or within 1,000 feet of following places, buildings, or structures the real property comprising any of the used primarily for housing or providing following places, buildings, or structures space for activities for senior citizens: used primarily for housing or providing nursing homes, assisted living centers, space for activities for senior citizens: senior citizen housing complexes, or senior nursing homes, assisted living centers, centers oriented toward daytime activities is senior citizen housing complexes, or senior guilty of a Class 1 felony, the fine for which centers oriented toward daytime activities is shall not exceed $250,000; guilty of a Class 2 felony, the fine for which shall not exceed $200,000; (3) subsection (e) of Section 401 or Subsection (b) (4) subsection (f) of Section 401 in any of Section 404 in any school, or any school, or conveyance owned, leased or contracted by any conveyance owned, leased or a school to transport students to or from contracted by a school to transport students school or a school related activity, or to or from school or a school related residential property owned, operated or activity, or residential property owned, managed by a public housing agency or operated or managed by a public housing leased by a public housing agency as part of agency or leased by a public housing agency a scattered site or mixed income as part of a scattered site or mixed income development, or public park, on the real development, or public park, on the real property comprising any school or property comprising any school or residential property owned, operated or residential property owned, operated or managed by a public housing agency or managed by a public housing agency or leased by a public housing agency as part of leased by a public housing agency as part of a scattered site or mixed income a scattered site or mixed income development, or public park or within 1,000 development, or public park or within 1,000 feet of the real property comprising any feet of the real property comprising any school or residential property owned, school or residential property owned, operated or managed by a public housing operated or managed by a public housing agency or leased by a public housing agency agency or leased by a public housing agency as part of a scattered site or mixed income as part of a scattered site or mixed income development, or public park, on the real development, or public park, on the real property comprising any church, synagogue, property comprising any church, synagogue, or other building, structure, or place used or other building, structure, or place used primarily for religious worship, or within primarily for religious worship, or within 1,000 feet of the real property comprising 1,000 feet of the real property comprising any church, synagogue, or other building, any church, synagogue, or other building, structure, or place used primarily for structure, or place used primarily for religious worship, on the real property religious worship, on the real property comprising any of the following places, comprising any of the following places, buildings, or structures used primarily for buildings, or structures used primarily for housing or providing space for activities for housing or providing space for activities for senior citizens: nursing homes, assisted senior citizens: nursing homes, assisted living centers, senior citizen housing living centers, senior citizen housing complexes, or senior centers oriented toward complexes, or senior centers oriented toward daytime activities, or within 1,000 feet of daytime activities, or within 1,000 feet of the real property comprising any of the the real property comprising any of the following places, buildings, or structures following places, buildings, or structures used primarily for housing or providing used primarily for housing or providing space for activities for senior citizens: space for activities for senior citizens: nursing homes, assisted living centers, nursing homes, assisted living centers, senior citizen housing complexes, or senior senior citizen housing complexes, or senior centers oriented toward daytime activities is centers oriented toward daytime activities is guilty of a Class 2 felony, the fine for which guilty of a Class 2 felony, the fine for which shall not exceed $150,000; shall not exceed $125,000;

(5) subsection (g) of Section 401 in any (6) subsection (h) of Section 401 in any school, or school, or any conveyance owned, leased or any conveyance owned, leased or contracted by a school to transport students contracted by a school to transport students to or from school or a school related to or from school or a school related activity, or residential property owned, activity, or residential property owned, operated or managed by a public housing operated or managed by a public housing agency or leased by a public housing agency agency or leased by a public housing agency as part of a scattered site or mixed income as part of a scattered site or mixed income development, or public park, on the real development, or public park, on the real property comprising any school or property comprising any school or residential property owned, operated or residential property owned, operated or managed by a public housing agency or managed by a public housing agency or leased by a public housing agency as part of leased by a public housing agency as part of a scattered site or mixed income a scattered site or mixed income development, or public park or within 1,000 development, or public park or within 1,000 feet of the real property comprising any feet of the real property comprising any school or residential property owned, school or residential property owned, operated or managed by a public housing operated or managed by a public housing agency or leased by a public housing agency agency or leased by a public housing agency as part of a scattered site or mixed income as part of a scattered site or mixed income development, or public park, on the real development, or public park, on the real property comprising any church, synagogue, (Source: P.A. 91 297, eff. 1 1 00.) or other building, structure, or place used primarily for religious worship, or within 1,000 feet of the real property comprising (720 ILCS 570/407.2) (from Ch. 56 1/2, any church, synagogue, or other building, par. 1407.2) structure, or place used primarily for Sec. 407.2. Delivery of a controlled religious worship, on the real property substance to a pregnant woman. comprising any of the following places, (a) Any person who violates subsection buildings, or structures used primarily for (a) of Section 401 of this Act by delivering a housing or providing space for activities for controlled substance to a woman he knows senior citizens: nursing homes, assisted to be pregnant may be sentenced to living centers, senior citizen housing imprisonment for a term twice the maximum complexes, or senior centers oriented toward amount authorized by Section 401 of this daytime activities, or within 1,000 feet of Act. the real property comprising any of the (b) Any person who delivers an amount of following places, buildings, or structures a controlled substance set forth in used primarily for housing or providing subsections (c) and (d) of Section 401 of this space for activities for senior citizens: Act to a woman he knows to be pregnant nursing homes, assisted living centers, commits a Class 1 felony. The fine for a senior citizen housing complexes, or senior violation of this subsection (b) shall not be centers oriented toward daytime activities is more than $250,000. guilty of a Class 2 felony, the fine for which (Source: P.A. 86 1459; 87 754.) shall not exceed $100,000.

(c) Regarding penalties prescribed in (720 ILCS 570/408) (from Ch. 56 1/2, subsection (b) for violations committed in a par. 1408) school or on or within 1,000 feet of school Sec. 408. property, the time of day, time of year and (a) Any person convicted of a second or whether classes were currently in session at subsequent offense under this Act may be the time of the offense is irrelevant. sentenced to imprisonment for a term up to (Source: P.A. 93 223, eff. 1 1 04; 94 556, twice the maximum term otherwise eff. 9 11 05.) authorized, fined an amount up to twice that otherwise authorized, or both. (b) For purposes of this Section, an (720 ILCS 570/407.1) (from Ch. 56 1/2, offense is considered a second or subsequent par. 1407.1) offense, if, prior to his conviction of the Sec. 407.1. Any person 18 years of age or offense, the offender has at any time been over who violates any subsection of Section convicted under this Act or under any law of 401, Section 404 or Section 405 by using, the United States or of any State relating to engaging or employing a person under 18 controlled substances. years of age to deliver a controlled, (Source: P.A. 78 255.) counterfeit or look alike substance may be sentenced to imprisonment for a term up to three times the maximum amount authorized (720 ILCS 570/409) (from Ch. 56 1/2, by the pertinent subsection of Section 401, par. 1409) Section 404 or Section 405. Sec. 409. Except for convictions or acquittals which are the basis for a charge of conditions, require that the person: narcotics racketeering under Section 4 of the (1) make a report to and appear in Narcotics Profit Forfeiture Act, a conviction person before or or acquittal, under the laws of the United participate with the court or such courts, States or of any State relating to controlled person, or social service agency as directed substances, for the same act is a bar to by the court in the order of probation; prosecution in this State. (Source: P.A. 87 466.) (2) pay a fine and costs; (3) work or pursue a course of study or vocational (720 ILCS 570/410) (from Ch. 56 1/2, training; par. 1410) Sec. 410. (a) Whenever any person who (4) undergo medical or psychiatric has not previously been convicted of, or treatment; or placed on probation or court supervision for treatment or rehabilitation approved by any offense under this Act or any law of the the Illinois Department of Human Services; United States or of any State relating to cannabis or controlled substances, pleads (5) attend or reside in a facility guilty to or is found guilty of possession of a established for controlled or counterfeit substance under the instruction or residence of defendants subsection (c) of Section 402 or of on probation; unauthorized possession of prescription form under Section 406.2, the court, without (6) support his dependents; entering a judgment and with the consent of (6 5) refrain from having in his or her such person, may sentence him to probation. body the (b) When a person is placed on probation, presence of any illicit drug prohibited by the court shall enter an order specifying a the Cannabis Control Act, the Illinois period of probation of 24 months and shall Controlled Substances Act, or the defer further proceedings in the case until Methamphetamine Control and Community the conclusion of the period or until the Protection Act, unless prescribed by a filing of a petition alleging violation of a physician, and submit samples of his or her term or condition of probation. blood or urine or both for tests to determine (c) The conditions of probation shall be the presence of any illicit drug; that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from (7) and in addition, if a minor: possessing a firearm or other dangerous (i) reside with his parents or in a weapon; (3) submit to periodic drug testing foster home; at a time and in a manner as ordered by the (ii) attend school; court, but no less than 3 times during the (iii) attend a non residential program period of the probation, with the cost of the for youth; testing to be paid by the probationer; and (4) (iv) contribute to his own support at perform no less than 30 hours of community home or in service, provided community service is a foster home. available in the jurisdiction and is funded and approved by the county board. (e) Upon violation of a term or condition (d) The court may, in addition to other of probation, the court may enter a judgment on its original finding of guilt and proceed controlled substances, as reflected by as otherwise provided. their inclusion in Schedule I or II of this (f) Upon fulfillment of the terms and Act; conditions of probation, the court shall discharge the person and dismiss the (2) offenses involving unusually large proceedings against him. quantities of (g) A disposition of probation is controlled substances, as measured by considered to be a conviction for the their wholesale value at the time of the purposes of imposing the conditions of offense; probation and for appeal, however, discharge and dismissal under this Section is (3) the unlawful delivery of controlled not a conviction for purposes of this Act or substances for purposes of disqualifications or by a non user to a user of controlled disabilities imposed by law upon conviction substances; of a crime. (h) There may be only one discharge and (4) non possessory offenses by persons dismissal under this Section, Section 10 of who have no the Cannabis Control Act, or Section 70 of other visible means of support; the Methamphetamine Control and Community Protection Act with respect to (5) offenses involving the large scale any person. manufacture (i) If a person is convicted of an offense of controlled substances; under this Act, the Cannabis Control Act, or the Methamphetamine Control and (6) offenses which indicate any Community Protection Act within 5 years immediate subsequent to a discharge and dismissal involvement whatsoever with organized under this Section, the discharge and crime in terms of the controlled substance's dismissal under this Section shall be manufacture, importation, or volume admissible in the sentencing proceeding for distribution; that conviction as evidence in aggravation. (Source: P.A. 94 556, eff. 9 11 05; 95 487, (7) the manufacture for, or the delivery eff. 1 1 08.) of controlled substances to persons 3 years or more junior to the person(s) convicted (720 ILCS 570/411) (from Ch. 56 1/2, under this Act; par. 1411) Sec. 411. In determining the appropriate (8) the unlawful delivery of anabolic sentence for any conviction under this Act, steroids by an the sentencing court may consider the athletic trainer, coach, or health club following as indicative of the type of personnel; offenses which the legislature deems most damaging to the peace and welfare of the (9) the possession, delivery, or citizens of Illinois and which warrants the manufacture of most severe penalties: controlled substances or cannabis in the (1) the unlawful delivery of the most presence of a child under 17 years of age. highly toxic Nothing in this section shall be construed subsection, "street value" shall be as limiting in any way the discretion of the determined by the court on the basis of court to impose any sentence authorized by testimony of law enforcement personnel and this Act. the defendant as to the amount seized and (Source: P.A. 94 172, eff. 1 1 06.) such testimony as may be required by the court as to the current street value of the controlled substances. (720 ILCS 570/411.1) (from Ch. 56 1/2, (c) As a condition of a fine, the court may par. 1411.1) require that payment be made in specified Sec. 411.1. (a) Whenever any person installments or within a specified period of pleads guilty to, is found guilty of or is time, but such period shall not be greater placed on supervision for an offense under than the maximum applicable term of this Article, a fine may be levied in addition probation or imprisonment, whichever is to any other penalty imposed by the court. greater. Unless otherwise specified, payment (b) In determining whether to impose a of a fine shall be due immediately. fine under this Section and the amount, time (d) If a fine for a violation of this Act is for payment, and method of payment of any imposed on an organization, it is the duty of fine so imposed, the court shall: each individual authorized to make (1) consider the defendant's income, disbursements of the assets of the regardless of organization to pay the fine from assets of source, the defendant's earning capacity the organization. and the defendant's financial resources, as (e) (1) A defendant who has been well as the nature of the burden the fine will sentenced to pay a fine, and who has paid impose on the defendant and any person part but not all of such fine, may petition the legally or financially dependent upon the court for an extension of the time for defendant; payment or modification of the method of payment. (2) consider the proof received at trial, (2) The court may grant a petition made or as a pursuant to this subsection if it finds that: result of a plea of guilty, concerning the (i) the circumstances that warranted full street value of the controlled substances payment by the seized and any profits or other proceeds time or method specified no longer exist; derived by the defendant from the violation or of this Act; (ii) it is otherwise unjust to require (3) take into account any other payment of pertinent equitable the fine by the time or method specified. considerations; and (Source: P.A. 91 357, eff. 7 29 99.) (4) give primary consideration to the need to deprive the defendant of illegally (720 ILCS 570/411.2) (from Ch. 56 1/2, obtained profits or other proceeds from the par. 1411.2) offense. Sec. 411.2. (a) Every person convicted of a violation of this Act, and every person For the purpose of paragraph (2) of this placed on probation, conditional discharge, supervision or probation under Section 410 service. One hour of public or community of this Act, shall be assessed for each service shall be equivalent to $4 of offense a sum fixed at: assessment. The performance of this public (1) $3,000 for a Class X felony; or community service shall be a condition of (2) $2,000 for a Class 1 felony; the probation, conditional discharge or (3) $1,000 for a Class 2 felony; supervision and shall be in addition to the (4) $500 for a Class 3 or Class 4 performance of any other period of public or felony; community service ordered by the court or (5) $300 for a Class A misdemeanor; required by law. (6) $200 for a Class B or Class C (f) The court may suspend the collection misdemeanor. of the assessment imposed under this (b) The assessment under this Section is Section; provided the defendant agrees to in addition to and not in lieu of any fines, enter a substance abuse intervention or restitution costs, forfeitures or other treatment program approved by the court; assessments authorized or required by law. and further provided that the defendant (c) As a condition of the assessment, the agrees to pay for all or some portion of the court may require that payment be made in costs associated with the intervention or specified installments or within a specified treatment program. In this case, the period of time. If the assessment is not paid collection of the assessment imposed under within the period of probation, conditional this Section shall be suspended during the discharge or supervision to which the defendant's participation in the approved defendant was originally sentenced, the intervention or treatment program. Upon court may extend the period of probation, successful completion of the program, the conditional discharge or supervision defendant may apply to the court to reduce pursuant to Section 5 6 2 or 5 6 3.1 of the the assessment imposed under this Section Unified Code of Corrections, as applicable, by any amount actually paid by the until the assessment is paid or until defendant for his participation in the successful completion of public or program. The court shall not reduce the community service set forth in subsection penalty under this subsection unless the (e) or the successful completion of the defendant establishes to the satisfaction of substance abuse intervention or treatment the court that he has successfully completed program set forth in subsection (f). If a term the intervention or treatment program. If the of probation, conditional discharge or defendant's participation is for any reason supervision is not imposed, the assessment terminated before his successful completion shall be payable upon judgment or as of the intervention or treatment program, directed by the court. collection of the entire assessment imposed (d) If an assessment for a violation of this under this Section shall be enforced. Act is imposed on an organization, it is the Nothing in this Section shall be deemed to duty of each individual authorized to make affect or suspend any other fines, restitution disbursements of the assets of the costs, forfeitures or assessments imposed organization to pay the assessment from under this or any other Act. assets of the organization. (g) The court shall not impose more than (e) A defendant who has been ordered to one assessment per complaint, indictment or pay an assessment may petition the court to information. If the person is convicted of convert all or part of the assessment into more than one offense in a complaint, court approved public or community indictment or information, the assessment shall be based on the highest class offense substances or for the needed care of minor, for which the person is convicted. unemancipated children of these women. (h) In counties under 3,000,000, all Funds forwarded to the State Treasurer shall moneys collected under this Section shall be be deposited into the State Drug Treatment forwarded by the clerk of the circuit court to Fund maintained by the State Treasurer the State Treasurer for deposit in the Drug from which the Department of Human Treatment Fund, which is hereby established Services may make grants to persons as a special fund within the State Treasury. licensed under Section 15 10 of the The Department of Human Services may Alcoholism and Other Drug Abuse and make grants to persons licensed under Dependency Act or to municipalities or Section 15 10 of the Alcoholism and Other counties from funds appropriated to the Drug Abuse and Dependency Act or to Department from the Drug Treatment Fund, municipalities or counties from funds provided that the moneys collected from appropriated to the Department from the each county be returned proportionately to Drug Treatment Fund for the treatment of the counties through grants to licensees pregnant women who are addicted to located within the county from which the alcohol, cannabis or controlled substances assessment was received and moneys in the and for the needed care of minor, State Drug Treatment Fund shall not unemancipated children of women supplant other local, State or federal funds. undergoing residential drug treatment. If the If the Department of Human Services grants Department of Human Services grants funds funds to a municipality or county that the to a municipality or a county that the Department determines is not experiencing a Department determines is not experiencing a problem with pregnant women addicted to problem with pregnant women addicted to alcohol, cannabis or controlled substances, alcohol, cannabis or controlled substances, or with care for minor, unemancipated or with care for minor, unemancipated children or women undergoing residential children of women undergoing residential drug treatment, the funds shall be used for drug treatment, or intervention, the funds the treatment of any person addicted to shall be used for the treatment of any person alcohol, cannabis or controlled substances. addicted to alcohol, cannabis or controlled The Department may adopt such rules as it substances. The Department may adopt such deems appropriate for the administration of rules as it deems appropriate for the such grants. administration of such grants. (Source: P.A. 88 670, eff. 12 2 94; 89 215, (i) In counties over 3,000,000, all moneys eff. 1 1 96; 89 507, eff. 7 1 97.) collected under this Section shall be forwarded to the County Treasurer for deposit into the County Health Fund. The (720 ILCS 570/411.3) County Treasurer shall, no later than the Sec. 411.3. (Repealed). 15th day of each month, forward to the State (Source: P.A. 93 297, eff. 1 1 04; 94 551, Treasurer 30 percent of all moneys collected eff. 1 1 06. Repealed by P.A. 94 556, eff. 9 under this Act and received into the County 11 05.) Health Fund since the prior remittance to the State Treasurer. Funds retained by the County shall be used for community based (720 ILCS 570/412) (from Ch. 56 1/2, treatment of pregnant women who are par. 1412) addicted to alcohol, cannabis, or controlled Sec. 412. Any penalty imposed for any violation of population, the court shall equitably allocate this Act is in addition to, and not in lieu of, 87 1/2% of the proceeds of the fines any civil or administrative penalty or received among the differing units of local sanction otherwise authorized by this Act or government. any other law. (Source: P. A. 77 757.) (2) If such seizure was made by State law enforcement personnel, then the court (720 ILCS 570/413) (from Ch. 56 1/2, shall allocate 37 1/2% to the State treasury par. 1413) and 50% to the county general corporate Sec. 413. (a) Twelve and one half percent fund. of all amounts collected as fines pursuant to the provisions of this Article shall be paid (3) If a State law enforcement agency into the Youth Drug Abuse Prevention in combination Fund, which is hereby created in the State with a law enforcement agency or treasury, to be used by the Department for agencies of a unit or units of local the funding of programs and services for government conducted the seizure, the court drug abuse treatment, and prevention and shall equitably allocate 37 1/2% of the fines education services, for juveniles. to or among the law enforcement agency or (b) Eighty seven and one half percent of agencies of the unit or units of local the proceeds of all fines received under the government which conducted the seizure provisions of this Article shall be and shall allocate 50% to the county general transmitted to and deposited in the corporate fund. treasurer's office at the level of government as follows: (c) The proceeds of all fines allocated to (1) If such seizure was made by a the law enforcement agency or agencies of combination of law the unit or units of local government enforcement personnel representing pursuant to subsection (b) shall be made differing units of local government, the available to that law enforcement agency as court levying the fine shall equitably expendable receipts for use in the allocate 50% of the fine among these units enforcement of laws regulating cannabis, of local government and shall allocate 37 methamphetamine, and other controlled 1/2% to the county general corporate fund. substances. The proceeds of fines awarded In the event that the seizure was made by to the State treasury shall be deposited in a law enforcement personnel representing a special fund known as the Drug Traffic unit of local government from a Prevention Fund, except that amounts municipality where the number of distributed to the Secretary of State shall be inhabitants exceeds 2 million in population, deposited into the Secretary of State the court levying the fine shall allocate 87 Evidence Fund to be used as provided in 1/2% of the fine to that unit of local Section 2 115 of the Illinois Vehicle Code. government. If the seizure was made by a Monies from this fund may be used by the combination of law enforcement personnel Department of State Police or use in the representing differing units of local enforcement of laws regulating cannabis, government, and at least one of those units methamphetamine, and other controlled represents a municipality where the number substances; to satisfy funding provisions of of inhabitants exceeds 2 million in the Intergovernmental Drug Laws Enforcement Act; to defray costs and Alcoholism and Other Drug Abuse and expenses associated with returning violators Dependency Act and the rules and of the Cannabis Control Act and this Act regulations promulgated thereunder. only, as provided in those Acts, when (b) Administrative entries and inspections punishment of the crime shall be designated in clause (1) of subsection (a) confinement of the criminal in the shall be carried out through agents, officers, penitentiary; and all other monies shall be investigators and peace officers (hereinafter paid into the general revenue fund in the referred to as "inspectors") designated by State treasury. the Director. Any inspector, upon stating his (Source: P.A. 94 556, eff. 9 11 05.) or her purpose and presenting to the owner, operator, or agent in charge of the premises (1) appropriate credentials and (2) a written (720 ILCS 570/Art. V heading) notice of his or her inspection authority ARTICLE V (which notice, in the case of an inspection requiring or in fact supported by an administrative inspection warrant, shall (720 ILCS 570/501) (from Ch. 56 1/2, consist of that warrant), shall have the right par. 1501) to enter the premises and conduct the Sec. 501. (a) It is hereby made the duty of inspection at reasonable times. the Department of Professional Regulation Inspectors appointed by the Director and the Department of State Police, and under this Section 501 are conservators of their agents, officers, and investigators, to the peace and as such have all the powers enforce all provisions of this Act, except possessed by policemen in cities and by those specifically delegated, and to sheriffs, except that they may exercise such cooperate with all agencies charged with the powers anywhere in the State. enforcement of the laws of the United (c) Except as may otherwise be indicated States, or of any State, relating to controlled in an applicable inspection warrant, the substances. Only an agent, officer, or inspector shall have the right: investigator designated by the Director may: (1) to inspect and copy records, reports (1) for the purpose of inspecting, copying, and other and verifying the correctness of records, documents required to be kept or made reports or other documents required to be under this Act; kept or made under this Act and otherwise facilitating the execution of the functions of (2) to inspect, within reasonable limits the Department of Professional Regulation and in a or the Department of State Police, be reasonable manner, controlled premises authorized in accordance with this Section and all pertinent equipment, finished and to enter controlled premises and to conduct unfinished drugs and other substances or administrative inspections thereof and of the materials, containers and labeling found things specified; or (2) execute and serve therein, and all other things therein administrative inspection notices, warrants, (including records, files, papers, processes, subpoenas, and summonses under the controls and facilities) appropriate for authority of this State. Any inspection or verification of the records, reports and administrative entry of persons licensed by documents referred to in item (1) or the Department shall be made in accordance otherwise bearing on the provisions of this with subsection (bb) of Section 30 5 of the Act; and has the right to show compliance with all (3) to inventory any stock of any lawful requirements for retention, controlled continuation or renewal of the license is substance. specifically excluded. For the purposes of this Act the notice required under Section 10 (d) Except when the owner, operator, or 25 of the Illinois Administrative Procedure agent in charge of the controlled premises so Act is deemed sufficient when mailed to the consents in writing, no inspection authorized last known address of a party. by this Section shall extend to: (Source: P.A. 88 45.) (1) financial data; (2) sales data other than shipment data; or (720 ILCS 570/502) (from Ch. 56 1/2, (3) pricing data. par. 1502) Any inspection or administrative entry of Sec. 502. (a) Issuance and execution of persons licensed by the Department shall be administrative inspection warrants shall be made in accordance with subsection (bb) of as follows: Section 30 5 of the Alcoholism and Other (1) a judge of a circuit court upon proper Drug Abuse and Dependency Act and the oath or affirmation showing probable cause, rules and regulations promulgated may issue warrants for the purpose of thereunder. conducting administrative inspections (e) Any agent, officer, investigator or authorized by this Act or rules hereunder, peace officer designated by the Director and seizures of property appropriate to the may (1) make seizure of property pursuant inspections. For purposes of the issuance of to the provisions of this Act; and (2) administrative inspection warrants, probable perform such other law enforcement duties cause exists upon showing a valid public as the Director shall designate. It is hereby interest in the effective enforcement of this made the duty of all State's Attorneys to Act or rules hereunder, sufficient to justify prosecute violations of this Act and institute administrative inspection of the controlled legal proceedings as authorized under this premises, as defined in subsection (b), Act. specified in the application for the warrant. (Source: P.A. 88 670, eff. 12 2 94; 89 202, (2) an inspection warrant shall issue only eff. 10 1 95.) upon an affidavit of any person having knowledge of the facts alleged, sworn to before the circuit judge and establishing the (720 ILCS 570/501.1) (from Ch. 56 1/2, grounds for issuing the inspection warrant. par. 1501.1) If the circuit judge is satisfied that there is Sec. 501.1. Administrative Procedure Act. probable cause to believe that grounds for The Illinois Administrative Procedure Act is issuance of an inspection warrant exist, he hereby expressly adopted and incorporated shall issue an inspection warrant identifying herein, but shall apply only to the the controlled premises to be inspected, the Department of Professional Regulation, as if purpose of the inspection, and, if all of the provisions of that Act were appropriate, the type of property to be included in this Act, except that the inspected or seized, if any. The inspection provision of subsection (d) of Section 10 65 warrant shall: of the Illinois Administrative Procedure Act (i) state the ground for its issuance and which provides that at hearings the licensee the name of each person whose affidavit has been taken in support thereof; controlled premises in accordance with the (ii) be directed to a person authorized by following provisions: Section 501 to execute it; (1) For purposes of this Section only, (iii) command the person to whom it is "controlled premises" means: directed to inspect the controlled premises (i) places where persons registered or identified for the purpose specified and, if exempted from registration requirements appropriate, direct the seizure of the under this Act keep records required under property specified; this Act; and (iv) identify the item or types of property (ii) places, including but not limited to, to be seized, if any; areas, buildings, premises, factories, (v) direct that it be served at any time of warehouses, establishments and the day or night and designate the circuit conveyances in which persons registered or court judge to whom it shall be returned. exempted from registration requirements (3) an inspection warrant issued pursuant under this Act are permitted to possess, to this Section must be executed and manufacture, distribute, dispense, returned within 10 days of its date of administer, or otherwise dispose of any issuance unless, upon a showing of a need controlled substance. for additional time, the court which issued (2) When authorized by an inspection the inspection warrant orders otherwise. If warrant issued pursuant to this Act, any property is seized pursuant to an inspection agent designated by the Director or any warrant, a copy of the inventory of such peace officer, upon presenting the inspection seized property shall be given to the person warrant to the person designated in the from whom or from whose controlled inspection warrant or any other person on premises the property is taken. If no person the controlled premises, may enter is available, the inspection warrant and a controlled premises for the purpose of copy of the inventory shall be left at such conducting the inspection. controlled premises. The inventory shall be (3) When authorized by an inspection made under oath by the person executing the warrant any agent designated by the warrant. Director may execute the inspection warrant (4) an inspection warrant shall be in accordance with its terms. returnable before the judge of the circuit (4) This section does not prevent the court who issued the inspection warrant or inspection without a warrant of books and any judge named in the inspection warrant records pursuant to an administrative or before the circuit court. The judge before subpoena issued in accordance with "The whom the return is made shall attach to the Civil Administrative Code of Illinois," nor inspection warrant a copy of the return and does it prevent entries and administrative all papers returnable in connection therewith inspections, including seizures of property, and file them with the clerk of the circuit without a warrant: court in which the inspection warrant was (i) if the person in charge of the executed. controlled premises consents; or (5) no warrant shall be quashed nor (ii) in situations presenting imminent evidence suppressed because of technical danger to health or safety; or irregularities not affecting the substantial (iii) in situations involving inspection of rights of the person responsible for the conveyances if there is reasonable cause to controlled premises. believe that the mobility of the conveyance (b) The Director may make inspections of makes it impracticable to obtain a warrant; or (3) cooperate with the federal Drug (iv) in any other exceptional or Enforcement Administration or its successor emergency circumstance where time or agency; and opportunity to apply for a warrant is lacking. (4) conduct programs of eradication (5) An inspection warrant authorized by aimed at destroying wild illicit growth of this Section shall not extend to financial plant species from which controlled data, sales data, other than shipment data, or substances may be extracted. pricing data unless the person in charge of (b) Results, information, and evidence the controlled premises consents in writing, received from the Drug Enforcement provided, however, that records required to Administration relating to the regulatory be kept under this Act are not included in functions of this Act, including results of such financial data, sales data or pricing inspections conducted by it may be relied data. and acted upon by the Director in the (Source: P.A. 79 1362.) exercise of his regulatory functions under this Act. (Source: P.A. 84 874.) (720 ILCS 570/503) (from Ch. 56 1/2, par. 1503) Sec. 503. In addition to any other (720 ILCS 570/505) (from Ch. 56 1/2, remedies, the Director is authorized to file a par. 1505) complaint and apply to any circuit court for, Sec. 505. (a) The following are subject to and such circuit court may upon hearing and forfeiture: for cause shown, grant a temporary (1) all substances which have been restraining order or a preliminary or manufactured, permanent injunction, without bond, distributed, dispensed, or possessed in restraining any person from violating this violation of this Act; Act whether or not there exists other judicial remedies. (2) all raw materials, products and (Source: P.A. 83 342.) equipment of any kind which are used, or intended for use in manufacturing, distributing, dispensing, (720 ILCS 570/504) (from Ch. 56 1/2, administering or possessing any substance in par. 1504) violation of this Act; Sec. 504. (a) The Director shall cooperate with Federal and other State agencies in (3) all conveyances, including aircraft, discharging his responsibilities concerning vehicles or traffic in controlled substances and in vessels, which are used, or intended for suppressing the misuse and abuse of use, to transport, or in any manner to controlled substances. To this end he may: facilitate the transportation, sale, receipt, (1) arrange for the exchange of possession, or concealment of property information among governmental officials described in paragraphs (1) and (2), but: concerning the use, misuse and abuse of controlled substances; (i) no conveyance used by any (2) coordinate and cooperate in training person as a common programs concerning controlled substance carrier in the transaction of business as law enforcement at local and State levels; a common carrier is subject to forfeiture under this Section unless it appears that the constitutes a violation of Section 401 or 405 owner or other person in charge of the of this Act or that is the proceeds of any conveyance is a consenting party or privy to violation or act that constitutes a violation of a violation of this Act; Section 401 or 405 of this Act.

(ii) no conveyance is subject to (b) Property subject to forfeiture under forfeiture this Act may be seized by the Director or under this Section by reason of any act any peace officer upon process or seizure or omission which the owner proves to have warrant issued by any court having been committed or omitted without his jurisdiction over the property. Seizure by the knowledge or consent; Director or any peace officer without process may be made: (iii) a forfeiture of a conveyance (1) if the seizure is incident to encumbered by inspection under a bona fide security interest is subject an administrative inspection warrant; to the interest of the secured party if he neither had knowledge of nor consented to (2) if the property subject to seizure has the act or omission; been the subject of a prior judgment in favor of (4) all money, things of value, books, the State in a criminal proceeding, or in an records, and injunction or forfeiture proceeding based research products and materials including upon this Act or the Drug Asset Forfeiture formulas, microfilm, tapes, and data which Procedure Act; are used, or intended to be used in violation of this Act; (3) if there is probable cause to believe that the (5) everything of value furnished, or property is directly or indirectly intended to be dangerous to health or safety; furnished, in exchange for a substance in violation of this Act, all proceeds traceable (4) if there is probable cause to believe to such an exchange, and all moneys, that the negotiable instruments, and securities used, property is subject to forfeiture under this or intended to be used, to commit or in any Act and the property is seized under manner to facilitate any violation of this circumstances in which a warrantless seizure Act; or arrest would be reasonable; or

(6) all real property, including any (5) in accordance with the Code of right, title, Criminal and interest (including, but not limited to, Procedure of 1963. any leasehold interest or the beneficial interest in a land trust) in the whole of any (c) In the event of seizure pursuant to lot or tract of land and any appurtenances or subsection (b), forfeiture proceedings shall improvements, which is used or intended to be instituted in accordance with the Drug be used, in any manner or part, to commit, Asset Forfeiture Procedure Act. or in any manner to facilitate the (d) Property taken or detained under this commission of, any violation or act that Section shall not be subject to replevin, but is deemed to be in the custody of the (e) If the Department of Professional Director subject only to the order and Regulation suspends or revokes a judgments of the circuit court having registration, all controlled substances owned jurisdiction over the forfeiture proceedings or possessed by the registrant at the time of and the decisions of the State's Attorney suspension or the effective date of the under the Drug Asset Forfeiture Procedure revocation order may be placed under seal. Act. When property is seized under this Act, No disposition may be made of substances the seizing agency shall promptly conduct under seal until the time for taking an appeal an inventory of the seized property and has elapsed or until all appeals have been estimate the property's value, and shall concluded unless a court, upon application forward a copy of the inventory of seized therefor, orders the sale of perishable property and the estimate of the property's substances and the deposit of the proceeds value to the Director. Upon receiving notice of the sale with the court. Upon a revocation of seizure, the Director may: rule becoming final, all substances may be (1) place the property under seal; forfeited to the Department of Professional (2) remove the property to a place Regulation. designated by the (f) When property is forfeited under this Director; Act the Director shall sell all such property unless such property is required by law to be (3) keep the property in the possession destroyed or is harmful to the public, and of the shall distribute the proceeds of the sale, seizing agency; together with any moneys forfeited or seized, in accordance with subsection (g). (4) remove the property to a storage However, upon the application of the seizing area for agency or prosecutor who was responsible safekeeping or, if the property is a for the investigation, arrest or arrests and negotiable instrument or money and is not prosecution which lead to the forfeiture, the needed for evidentiary purposes, deposit it Director may return any item of forfeited in an interest bearing account; property to the seizing agency or prosecutor for official use in the enforcement of laws (5) place the property under relating to cannabis or controlled constructive seizure by substances, if the agency or prosecutor can posting notice of pending forfeiture on it, demonstrate that the item requested would by giving notice of pending forfeiture to its be useful to the agency or prosecutor in their owners and interest holders, or by filing enforcement efforts. When any forfeited notice of pending forfeiture in any conveyance, including an aircraft, vehicle, appropriate public record relating to the or vessel, is returned to the seizing agency property; or or prosecutor, the conveyance may be used immediately in the enforcement of the (6) provide for another agency or criminal laws of this State. Upon disposal, custodian, all proceeds from the sale of the conveyance including an owner, secured party, or must be used for drug enforcement lienholder, to take custody of the property purposes. When any real property returned upon the terms and conditions set by the to the seizing agency is sold by the agency Director. or its unit of government, the proceeds of the sale shall be delivered to the Director and distributed in accordance with the Attorney General for use in the subsection (g). enforcement of laws governing cannabis and (g) All monies and the sale proceeds of all controlled substances. other property forfeited and seized under this Act shall be distributed as follows: (ii) 12.5% shall be distributed to the (1) 65% shall be distributed to the Office of the metropolitan State's Attorneys Appellate Prosecutor enforcement group, local, municipal, and deposited in the Narcotics Profit county, or state law enforcement agency or Forfeiture Fund of that office to be used for agencies which conducted or participated in additional expenses incurred in the the investigation resulting in the forfeiture. investigation, prosecution and appeal of The distribution shall bear a reasonable cases arising under laws governing cannabis relationship to the degree of direct and controlled substances. The Office of the participation of the law enforcement agency State's Attorneys Appellate Prosecutor shall in the effort resulting in the forfeiture, not receive distribution from cases brought taking into account the total value of the in counties with over 3,000,000 population. property forfeited and the total law enforcement effort with respect to the (3) 10% shall be retained by the violation of the law upon which the Department of State forfeiture is based. Amounts distributed to Police for expenses related to the the agency or agencies shall be used for the administration and sale of seized and enforcement of laws governing cannabis and forfeited property. controlled substances or for security cameras used for the prevention or detection (h) Species of plants from which of violence, except that amounts distributed controlled substances in Schedules I and II to the Secretary of State shall be deposited may be derived which have been planted or into the Secretary of State Evidence Fund to cultivated in violation of this Act, or of be used as provided in Section 2 115 of the which the owners or cultivators are Illinois Vehicle Code. unknown, or which are wild growths, may be seized and summarily forfeited to the (2)(i) 12.5% shall be distributed to the State. The failure, upon demand by the Office of Director or any peace officer, of the person the State's Attorney of the county in in occupancy or in control of land or which the prosecution resulting in the premises upon which the species of plants forfeiture was instituted, deposited in a are growing or being stored, to produce special fund in the county treasury and registration, or proof that he is the holder appropriated to the State's Attorney for use thereof, constitutes authority for the seizure in the enforcement of laws governing and forfeiture of the plants. cannabis and controlled substances. In (Source: P.A. 94 1004, eff. 7 3 06.) counties over 3,000,000 population, 25% will be distributed to the Office of the State's Attorney for use in the enforcement of laws (720 ILCS 570/506) (from Ch. 56 1/2, governing cannabis and controlled par. 1506) substances. If the prosecution is undertaken Sec. 506. solely by the Attorney General, the portion It is not necessary for the State to negate provided hereunder shall be distributed to any exemption or exception in this Act in any complaint, information, indictment or (Source: P.A. 89 507, eff. 7 1 97.) other pleading or in any trial, hearing, or other proceeding under this Act. The burden of proof of any exemption or exception is (720 ILCS 570/507.1) (from Ch. 56 1/2, upon the person claiming it. par. 1507.1) (Source: P.A. 77 757.) Sec. 507.1. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear (720 ILCS 570/507) (from Ch. 56 1/2, in any court proceedings under the par. 1507) Administrative Review Law, unless there is Sec. 507. All rulings, final filed in the court with the complaint a determinations, findings, and conclusions of receipt from the Department acknowledging the Department of State Police, the payment of the costs of furnishing and Department of Professional Regulation, and certifying the record. Exhibits shall be the Department of Human Services of the certified without cost. Failure on the part of State of Illinois under this Act are final and the plaintiff to file such receipt in court shall conclusive decisions of the matters be grounds for dismissal of the action. involved. Any person aggrieved by the (Source: P.A. 83 969.) decision may obtain review of the decision pursuant to the provisions of the Administrative Review Law, as amended (720 ILCS 570/508) (from Ch. 56 1/2, and the rules adopted pursuant thereto. par. 1508) Pending final decision on such review, the Sec. 508. (a) The Department shall acts, orders and rulings of the Department encourage research on controlled shall remain in full force and effect unless substances. In connection with the research, modified or suspended by order of court and in furtherance of the purposes of this pending final judicial decision. Pending Act, the Department may: final decision on such review, the acts, (1) establish methods to assess orders, sanctions and rulings of the accurately the effect Department of Professional Regulation of controlled substances and identify and regarding any registration shall remain in characterize those with potential for abuse; full force and effect, unless stayed by order of court. However, no stay of any decision (2) make studies and undertake of the administrative agency shall issue programs of research unless the person aggrieved by the decision to: establishes by a preponderance of the evidence that good cause exists therefor. In (i) develop new or improved determining good cause, the court shall find approaches, that the aggrieved party has established a techniques, systems, equipment and substantial likelihood of prevailing on the devices to strengthen the enforcement of this merits and that granting the stay will not Act; have an injurious effect on the general public. Good cause shall not be established (ii) determine patterns of use, solely on the basis of hardships resulting misuse, and abuse from an inability to engage in the registered of controlled substances and their activity pending a final judicial decision. social effects; and applicable authorization, persons are exempt (iii) improve methods for preventing, from prosecution in this State for predicting, possession, manufacture or delivery of understanding, and dealing with the controlled substances. use, misuse and abuse of controlled (d) Practitioners registered under Federal substances; and law to conduct research with Schedule I substances may conduct research with (3) enter into contracts with public Schedule I substances within this State upon agencies, furnishing evidence of that Federal educational institutions, and private registration and notification of the scope and organizations or individuals for the purpose purpose of such research to the Department. of conducting research, demonstrations, or (Source: P.A. 96 328, eff. 8 11 09.) special projects which relate to the use, misuse and abuse of controlled substances. (720 ILCS 570/509) (from Ch. 56 1/2, (b) Persons authorized to engage in par. 1509) research may be authorized by the Sec. 509. Department to protect the privacy of Whenever any court in this State grants individuals who are the subjects of such probation to any person that the court has research by withholding from all persons not reason to believe is or has been an addict or connected with the conduct of the research unlawful possessor of controlled substances, the names and other identifying the court shall require, as a condition of characteristics of such individuals. Persons probation, that the probationer submit to who are given this authorization shall not be periodic tests by the Department of compelled in any civil, criminal, Corrections to determine by means of administrative, legislative or other appropriate chemical detection tests whether proceeding to identify the individuals who the probationer is using controlled are the subjects of research for which the substances. The court may require as a authorization was granted, except to the condition of probation that the probationer extent necessary to permit the Department to enter an approved treatment program, if the determine whether the research is being court determines that the probationer is conducted in accordance with the addicted to a controlled substance. authorization. Whenever the Parole and Pardon Board (c) The Department may authorize the grants parole to a person whom the Board possession and dispensing of controlled has reason to believe has been an unlawful substances by persons engaged in research, possessor or addict of controlled substances, upon such terms and conditions as may be the Board shall require as a condition of consistent with the public health and safety. parole that the parolee submit to appropriate The Department may also approve research periodic chemical tests by the Department of and treatment programs involving the Corrections to determine whether the administration of Methadone. The use of parolee is using controlled substances. Methadone, or any similar controlled (Source: P. A. 77 757.) substance by any person is prohibited in this State except as approved and authorized by the Department in accordance with its rules (720 ILCS 570/510) and regulations. To the extent of the Sec. 510. Preservation of evidence for laboratory testing. amount of any analog of fentanyl; (a) Before or after the trial in a prosecution for a violation of any Section of with respect to the offenses enumerated in Article IV of this Act, a law enforcement this subsection agency or an agent acting on behalf of the (a) and must maintain sufficient law enforcement agency must preserve, documentation to locate that evidence. subject to a continuous chain of custody, not Excess quantities with respect to the less than: offenses enumerated in this subsection (a) (1) 2 kilograms of any substance cannot practicably be retained by a law containing a enforcement agency because of its size, detectable amount of heroin; bulk, and physical character.

(2) 10 kilograms of any substance (b) The sheriff or seizing law enforcement containing a agency must file a motion requesting detectable amount of: (A) coca leaves, destruction of bulk evidence before the trial except coca leaves and extract of coca judge in the courtroom where the criminal leaves from which cocaine, ecgonine, and charge is pending. The sheriff or seizing law derivatives of ecgonine or their salts have enforcement agency must give notice of the been removed; (B) cocaine, its salts, optical motion requesting destruction of bulk and geometric isomers, and salts of isomers; evidence to the prosecutor of the criminal (C) ecgonine, its derivatives, their salts, charge and the defense attorney of record. isomers, and salts of isomers; or (D) any The trial judge will conduct an evidentiary combination of the substances described in hearing in which all parties will be given the subdivisions (A) through (C) of this opportunity to present evidence and paragraph (a)(2); arguments relating to whether the evidence should be destroyed, whether such (3) 10 kilograms of a mixture of destruction will prejudice the prosecution of substances described the criminal case, and whether the in subdivision (B) of paragraph (a)(2) destruction of the evidence will prejudice that contains a cocaine base; the defense of the criminal charge. The court's determination whether to grant the (4) 200 grams of phencyclidine (also motion for destruction of bulk evidence referred to as must be based upon the totality of all of the "PCP") or 2 kilograms of any substance circumstances of the case presented at the containing a detectable amount of evidentiary hearing, the effect such phencyclidine; destruction would have upon the defendant's constitutional rights, and the prosecutor's (5) 20 grams of any substance ability to proceed with the prosecution of the containing a detectable criminal charge. amount of lysergic acid diethylamide (c) The court may, before trial, transfer (also referred to as "LSD"); excess quantities of any substance containing (6) 800 grams of a mixture or substance any of the controlled substances enumerated containing a in subsection (a) with respect to a detectable amount of fentanyl, or 2 grams prosecution for any offense enumerated in of any substance containing a detectable subsection (a) to the sheriff of the county, or may, in its discretion, transfer such evidence for purposes of penalty the penalties under to the Department of State Police, for this Act apply if they are less than under the destruction after notice is given to the prior law upon which the prosecution was defendant's attorney of record or to the commenced. defendant if the defendant is proceeding pro (Source: P. A. 77 757.) se.

(d) After a judgment of conviction is (720 ILCS 570/602) (from Ch. 56 1/2, entered and the par. 1602) charged quantity is no longer needed for Sec. 602. evidentiary purposes with respect to a If any provision of this Act or the prosecution for any offense enumerated in application thereof to any person or subsection (a), the court may transfer any circumstance is invalid, such invalidation substance containing any of the controlled shall not affect other provisions or substances enumerated in subsection (a) to applications of the Act which can be given the sheriff of the county, or may, in its effect without the invalid provision or discretion, transfer such evidence to the application, and to this end the provisions of Department of State Police, for destruction this Act are declared to be severable. after notice is given to the defendant's (Source: P. A. 77 757.) attorney of record or to the defendant if the defendant is proceeding pro se. No evidence shall be disposed of until 30 days after the (720 ILCS 570/603) (from Ch. 56 1/2, judgment is entered, and if a notice of par. 1603) appeal is filed, no evidence shall be Sec. 603. disposed of until the mandate has been The following Acts and parts of Acts are received by the circuit court from the repealed: Appellate Court. (a) The "Uniform Narcotic Drug Act," approved July 11, 1957, as amended. (Source: P.A. 95 993, eff. 10 3 08.) (b) The "Drug Abuse Control Act," approved August 17, 1967, as amended. (c) "An Act to amend Sections 2 15, 41 (720 ILCS 570/Art. VI heading) (a) and 43 of, and to add Sections 43.1, 43.2, ARTICLE VI 43.3, 43.4, 43.5, 43.6 and 43.7 to the "Uniform Drug, Device and Cosmetic Act", approved July 9, 1959, as amended," (720 ILCS 570/601) (from Ch. 56 1/2, approved August 11, 1967, as amended. par. 1601) (d) "An Act to amend Section 46 of the Sec. 601. 'Uniform Drug, Device and Cosmetic Act', Prosecution for any violation of law approved July 9, 1959, as amended", occurring prior to the effective date of this approved August 18, 1967, as amended. Act is not affected or abated by this Act. If (Source: P. A. 77 757.) the offense being prosecuted would be a violation of this Act, and has not reached the sentencing stage or final adjudication, then