Bill Text: IL HB0001 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Public Health for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforce the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Illinois Liquor Control Commission, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking; taxes; fees; zoning; labeling; and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Provides that specified records shall be expunged prior to (i) January 1, 2024 (rather than January 1, 2023) and (ii) January 1, 2026 (rather than January 1, 2025). Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB0001 Detail]

Download: Illinois-2023-HB0001-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0001 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 2630/5.2
30 ILCS 105/5.990 new
30 ILCS 105/5.991 new
35 ILCS 1010/1-45
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
720 ILCS 570/204 from Ch. 56 1/2, par. 1204
Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Public Health for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforce the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Illinois Liquor Control Commission, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking; taxes; fees; zoning; labeling; and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Provides that specified records shall be expunged prior to (i) January 1, 2024 (rather than January 1, 2023) and (ii) January 1, 2026 (rather than January 1, 2025). Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Effective immediately.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Compassionate Use and Research of Entheogens Act.
Section 5. Findings. The General Assembly finds that:
(1) The War on Drugs has given rise to significant
financial and social costs, and the policies behind the
War on Drugs reflect neither a modern understanding of
substance use nor the actual risks or potential
therapeutic benefits of the substances that have been
criminalized.
(2) Moreover, criminalization has not deterred drug
use. Instead, it has made drug use less safe and has
created an unregulated, underground market in which
dosages are difficult to verify and dangerous adulterants,
such as fentanyl, are common.
(3) Lack of honest drug education has laid the
groundwork for decades of misinformation, stigma, and
cultural appropriation, which have all contributed to
increasing the dangers of drug use.
(4) Harm reduction tools, including drug-checking
kits, scales, and capsules, allow users to make safe and

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more accurate, evidence-based decisions about their
personal use of these substances, and allowing the use of
such tools can increase public health and safety.
(5) Research is advancing to support the use of
psychedelic compounds, along with psychotherapy, to treat
mental health disorders, such as anxiety, depression,
post-traumatic stress disorder, and substance use
disorder.
(6) Voters of the city and county of Denver, Colorado
approved Ordinance 301 in May of 2019, making the personal
possession and use of the natural medicine psilocybin by
adults the lowest level of law enforcement priority in
Denver and to prohibit the city and county from spending
resources enforcing related penalties.
(7) Measures 109 and 110 in Oregon, which both passed
in November 2020, established a regulated psilocybin
therapy system in Oregon to provide people therapeutic
access to psilocybin and decriminalized the personal
possession of all drugs.
(8) Almost 20 countries around the world, including
Portugal, the Czech Republic, and Spain, have expressly or
effectively decriminalized the personal use of all
substances.
(9) The City of Oakland, California, and the City of
Santa Cruz, California have passed resolutions
decriminalizing or deprioritizing the enforcement of laws

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regulating the possession, use, and propagation of
psychedelic plants and fungi. Since June 2019, the
following cities have also decriminalized the possession,
use, and propagation of psychedelic plants and fungi at
the local level: Ann Arbor, Michigan; Somerville,
Massachusetts; and Cambridge, Massachusetts. In 2020,
Washington, D.C., passed Initiative 81 to decriminalize
and deprioritize the enforcement of laws regulating the
possession and use of psychedelic plants and fungi with
76% voter approval.
(10) The State of Colorado passed Proposition 122 in
November of 2022, decriminalizing the possession of
psychedelic plants and fungi and eventually allowing
state-licensed treatment centers to administer the
compounds of psychedelic plants and fungi under the
supervision of trained staff.
(11) To transition away from criminalization models
while protecting people who use or may use drugs and
reduce negative environmental or cultural impacts, it is
necessary to review the full legal context in which these
changes to the law are made. It is also necessary to
incorporate evidence-based policy, consult with experts,
and maintain open discourse based in harm reduction,
reciprocity, and human rights during the process of
developing alternative regulatory systems.
(12) Criminalizing psychedelic plants and fungi has

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denied people access to accurate education and harm
reduction information related to the use of psychedelic
compounds and limited the development of appropriate
training for first responders and multi-responders,
including law enforcement, emergency medical services, and
fire services.
(13) Illinoisans deserve more tools to address mental
health issues, including approaches using psychedelic
plants and fungi that are grounded in treatment, recovery,
cultural competency, and wellness rather than
criminalization, suffering, and punishment.
(14) This Act will allow for the noncommercial,
personal use and sharing of specified controlled
substances, including for the purpose of group counseling,
community-based healing, or other related services.
(15) These changes in law will not displace any
restrictions on driving or operating a vehicle while
impaired, an employer's ability to restrict the use of
controlled substances by its employees, or the legal
standard for negligence.
(16) Peyote is specifically excluded from the list of
substances to be decriminalized, including any
cultivation, harvest, extraction, tincture, or other
product manufactured or derived therefrom, because of the
nearly endangered status of the peyote plant and the
special significance peyote holds in Native American

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spirituality. Furthermore, this Act does not amend or
repeal paragraph (12) of subsection (d) of Section 204 of
the Illinois Controlled Substances Act, which identifies
peyote and its derivatives as a Schedule I drug.
(17) The State of Illinois fully respects and supports
the continued Native American possession and use of peyote
under federal law, 42 U.S.C. 1996a, understanding that
Native Americans in the United States were persecuted and
prosecuted for their ceremonial practices, including the
use of peyote, for more than a century, and had to fight
numerous legal and political battles to achieve the
current protected status. The enactment of this
legislation does not intend to explicitly or implicitly
undermine that status.
(18) Research conducted by domestic and international
medical institutions indicates that psilocybin is
efficacious and safe for the treatment of a variety of
mental health conditions, including, but not limited to,
addiction, depression, anxiety disorders, headache
disorders, and end-of-life psychological distress.
(19) The United States Food and Drug Administration
has:
(A) determined that preliminary clinical evidence
indicates that psilocybin may demonstrate substantial
improvement over available therapies for
treatment-resistant depression; and

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(B) granted a "Breakthrough Therapy" designation
for a treatment that uses psilocybin as a therapy for
such depression.
(20) During a 2-year program development period, the
Department should:
(A) examine, publish, and distribute to the public
available medical, psychological, and scientific
studies, research, and other information relating to
the safety and efficacy of psilocybin in treating
mental health conditions; and
(B) adopt rules and regulations for the eventual
implementation of a comprehensive regulatory framework
that will allow persons 18 years of age and older in
this State to be provided psilocybin services.
(21) An advisory board should be established within
the Department for the purpose of advising and making
recommendations to the Department.
Section 10. Purposes.
(a) The purpose of this Act is to establish a new,
compassionate, and effective approach to entheogens by:
(1) Adopting a public health and harm reduction
approach to natural medicines by removing criminal
penalties for the possession of some entheogens for
personal use by adults who are 18 years of age or older.
(2) Developing and promoting public education related

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to the use of entheogens and appropriate training for
first responders.
(3) Reducing the prevalence of behavioral health
disorders among adults in this State to improve the
physical, mental, and social well-being of all people in
this State.
(4) Promoting health and healing by reducing focus on
criminal punishments for persons who suffer from mental
health issues by establishing regulated access to natural
medicines through a humane, cost-effective, and
responsible approach.
(5) Developing a long-term strategic plan for ensuring
that psilocybin services will become and remain a safe,
accessible, and affordable option for all persons 18 years
of age and older in this State for whom psilocybin may be
appropriate.
(6) Protecting the safety, welfare, health, and peace
of the people of this State by prioritizing this State's
limited law enforcement resources in the most effective,
consistent, and rational way.
(7) After a 2-year program development period:
(A) permitting persons licensed, controlled, and
regulated by this State to legally manufacture
psilocybin products and provide psilocybin services to
persons 18 years of age and older, subject to the
provisions of this Act;

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(B) establishing a comprehensive regulatory
framework concerning psilocybin products and
psilocybin services under State law; and
(C) preparing proposed rules for the addition of
botanical forms of dimethyltryptamine, ibogaine
(except ibogaine from iboga), and mescaline (except
mescaline from peyote) to substances regulated under
this Act on or before June 1, 2027.
(b) The People of the State of Illinois intend that the
provisions of this Act, together with other provisions of
State law, will prevent:
(1) the distribution of psilocybin products to other
persons who are not permitted to possess psilocybin
products under the provisions of this Act and rules
adopted under this Act, including, but not limited to,
persons under 18 years of age; and
(2) the diversion of psilocybin products from this
State to other states.
Section 15. Construction. This Act may not be construed
to:
(1) Require a government medical assistance program or
private health insurer to reimburse a person for costs
associated with the use of psilocybin products.
(2) Amend or affect State or federal law pertaining to
employment matters.

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(3) Amend or affect State or federal law pertaining to
landlord-tenant matters.
(4) Prohibit a recipient of a federal grant or an
applicant for a federal grant from prohibiting the
manufacture, delivery, possession, or use of psilocybin
products to the extent necessary to satisfy federal
requirements for the grant.
(5) Prohibit a party to a federal contract or a person
applying to be a party to a federal contract from prohibiting
the manufacture, delivery, possession, or use of psilocybin
products to the extent necessary to comply with the terms and
conditions of the contract or to satisfy federal requirements
for the contract.
(6) Require a person to violate a federal law.
(7) Exempt a person from a federal law or obstruct the
enforcement of a federal law.
(8) Amend or affect State law to the extent that a person
does not manufacture, deliver, or possess psilocybin products
in accordance with the provisions of this Act and rules
adopted under this Act.
Section 20. Definitions. In this Act:
"2-year program development period" means the period
beginning on January 1, 2024 and ending no later than December
31, 2025.
"Administration session" means a session held under the

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supervision of a facilitator at which a client consumes and
experiences the effects of a psilocybin product under the
supervision of a facilitator.
"Advisory Board" or "Board" means the Illinois Psilocybin
Advisory Board established under Section 25.
"Client" means an individual who consumes a psilocybin
product in an administration session in this State.
"Department" means the Department of Public Health.
"Entheogen" means the following substances in any form,
regardless of whether the substance is regulated under the
federal Controlled Substances Act or the Illinois Controlled
Substances Act:
(1) Dimethyltryptamine.
(2) Ibogaine, except ibogaine from iboga.
(3) Mescaline, except mescaline from peyote.
(4) Psilocybin.
(5) Psilocin.
"Facilitator" means an individual who facilitates the
provision of a psilocybin service in this State.
"Integration session" means a meeting between a client and
a facilitator that may occur after the client completes an
administration session.
"Legal entity" means a corporation, limited liability
company, limited partnership, or other legal entity that is
registered with the office of the Secretary of State or with a
comparable office of another jurisdiction.

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"Licensee" means a person who holds a license issued under
Section 85, 100, 115, or 325.
"Licensee representative" means an owner, director,
officer, manager, employee, agent, or other representative of
a licensee, to the extent that the person acts in a
representative capacity.
"Manufacture" means the manufacture, planting,
cultivation, growing, harvesting, production, preparation,
propagation, compounding, conversion, or processing of a
psilocybin product, directly or indirectly, by extraction from
substances of natural origin, independently by means of
chemical synthesis or by a combination of extraction and
chemical synthesis. "Manufacture" includes any packaging or
repackaging of the psilocybin product or labeling or
relabeling of its container.
"Premises" includes the following areas of a location
licensed under this Act:
(1) All public and private enclosed areas at the
location that are used in the business operated at the
location, including offices, kitchens, restrooms, and
storerooms.
(2) All areas outside of a building that the
Department has specifically licensed for the manufacturing
of psilocybin products or the operation of a service
center.
(3) For a location that the Department has

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specifically licensed for the operation of a service
center outside of a building, that portion of the location
used to operate the service center and provide a
psilocybin service to a client.
"Premises" does not include a primary residence, unless a
primary residence is necessary for the provision of a
psilocybin service to a recipient who is a hospice patient or
who is unable to travel to a service center due to a chronic,
life-threatening illness.
"Preparation session" means a meeting between a client and
a facilitator that must occur before the client participates
in an administration session.
"Psilocybin" means psilocybin or psilocin.
"Psilocybin product" means:
(1) psilocybin-producing fungi; or
(2) mixtures or substances containing a detectable
amount of psilocybin.
"Psilocybin product" does not include a psilocybin
service.
"Psilocybin product manufacturer" means a person who
manufactures a psilocybin product in this State.
"Psilocybin service" means a service provided to a client
before, during, or after the client's consumption of a
psilocybin product, including any of the following:
(1) A preparation session.
(2) An administration session.

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(3) An integration session.
"Service center" means an establishment at which:
(1) an administration session is held;
(2) a psilocybin product is purchased; or
(2) other psilocybin services may be provided.
"Service center operator" means a person who operates a
service center in this State.
Section 25. Illinois Psilocybin Advisory Board; members;
terms; meetings; compensation.
(a) The Illinois Psilocybin Advisory Board is established
within the Department for the purpose of advising and making
recommendations to the Department. The Illinois Psilocybin
Advisory Board shall consist of the following members:
(1) The members appointed by the Governor as specified
under subsection (b).
(2) The Director of Public Health or the Director's
designee.
(3) A designee of the State Board of Health Policy.
(b) The Governor shall appoint the following individuals
to the Advisory Board:
(1) Any 4 of the following:
(A) A State employee who has technical expertise
in the field of public health.
(B) A local health officer.
(C) An individual who is a member of or who

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represents a federally recognized Indian tribe in this
State.
(D) An individual who is a member of or who
represents an advisory body regarding addiction and
mental health planning within the Department or the
Department of Human Services.
(E) An individual who is a member of or who
represents a body regarding health equity policy
within the Department or the Department of Human
Services.
(F) An individual who is a member of or who
represents a body regarding palliative care and
quality of life within the Department or the
Department of Human Services.
(G) An individual who represents individuals who
provide public health services directly to the public.
(2) A psychologist licensed to practice in Illinois
who has professional experience engaging in the diagnosis
or treatment of a mental, emotional, or behavioral
condition.
(3) A psychiatrist licensed to practice in Illinois
who has professional experience engaging in the diagnosis
or treatment of a mental, emotional, or behavioral
condition.
(4) A therapist licensed to practice in Illinois who
has professional experience engaging in the diagnosis or

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treatment of a mental, emotional, or behavioral condition.
(5) A physician licensed to practice in Illinois who
holds a degree of Doctor of Medicine.
(6) A naturopathic physician.
(7) An expert in the field of public health who has a
background in academia.
(8) A Veterans Affairs service-connected disabled
veteran.
(9) Any 3 of the following:
(A) A person who has professional experience
conducting scientific research regarding the use of
psychedelic compounds in clinical therapy.
(B) A person who has experience in the field of
mycology.
(C) A person who has experience in the field of
ethnobotany.
(D) A person who has experience in the field of
psychopharmacology.
(E) A person who has experience in the field of
psilocybin harm reduction.
(10) A person representing the Illinois Liquor Control
Commission, a person who has experience working with a
system developed and maintained by a State body under the
Cannabis Regulation and Tax Act for tracking the transfer
of cannabis or cannabis products, or a person who is both.
(11) The following:

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(A) During the 2-year program development period:
(i) one of the chief petitioners of this Act;
and
(ii) one or 2 at-large members.
(B) After the 2-year program development period,
one, 2, or 3 at-large members.
(c) The term of office for an Advisory Board member
appointed under this Section is 4 years, but a member serves at
the pleasure of the Governor. Before the expiration of the
term of a member, the Governor shall appoint a successor whose
term begins on January 1 of the following calendar year.
Members may be eligible for reappointment. If there is a
vacancy for any reason, the Governor shall make an appointment
to become immediately effective for the unexpired term.
(d) Members of the Advisory Board described in paragraphs
(2) and (3) of subsection (a) are nonvoting ex officio members
of the Advisory Board.
(e) A majority of the voting members of the Advisory Board
constitutes a quorum for the transaction of business.
(f) Official action by the Advisory Board requires the
approval of a majority of the voting members of the board.
(g) The Advisory Board shall elect one of its voting
members to serve as chairperson.
(h) During the 2-year program development period, the
Advisory Board shall meet at least once every 2 calendar
months at a time and place determined by the chairperson, or a

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majority of the voting members of the Advisory Board. After
the 2-year program development period, the Advisory Board
shall meet at least once every calendar quarter at a time and
place determined by the chairperson or a majority of the
voting members of the Advisory Board. The Advisory Board may
also meet at other times and places specified by the call of
the chairperson or of a majority of the voting members of the
board.
(i) The Advisory Board may adopt rules necessary for the
operation of the board.
(j) The Advisory Board may establish committees or
subcommittees necessary for the operation of the board.
(k) Members of the Advisory Board are entitled to
compensation and expenses.
Section 30. Duties of the Illinois Psilocybin Advisory
Board.
(a) The Illinois Psilocybin Advisory Board shall perform
the following duties:
(1) Provide advice to the Department with respect to
the administration of this Act as it relates to accurate
public health approaches regarding use, effect, and risk
reduction of entheogens and the content and scope of
educational campaigns related to entheogens.
(2) Make recommendations to the Department on
available medical, psychological, and scientific studies,

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research, and other information relating to the safety and
efficacy of psilocybin in treating mental health
conditions, including, but not limited to, addiction,
depression, anxiety and trauma disorders, headache
disorders, and end-of-life psychological distress.
(3) Study and review the Oregon Psilocybin Services
Act (Measure 109), the Colorado Natural Medicine Health
Act of 2022 (Proposition 122), and relevant legislative
initiatives in other states in an effort to determine
successes and pitfalls that may be applied to the
rulemaking process in Illinois.
(4) Review scientific and cultural literature
concerning ibogaine (except ibogaine from iboga),
mescaline (except mescaline from peyote), and botanical
forms of dimethlyltryptamine and make recommendations to
the Department concerning whether these substances may be
included in this Act or a similar appropriate regulatory
framework based on medical, psychological, and scientific
studies, research, and other information related to the
safety and efficacy of each compound to avoid an
unregulated de facto market for other natural plants and
fungi.
(5) Make recommendations to the Department on the
requirements, specifications, and guidelines for providing
psilocybin services to a client, including the following:
(A) The requirements, specifications, and

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guidelines for holding and verifying the completion of
a preparation session, an administration session, and
an integration session.
(B) The contents of the client information form
that a client must complete and sign before the client
participates in an administration session, giving
particular consideration to the following:
(i) The information that should be solicited
from the client to determine whether the client
should participate in the administration session,
including information that may identify risk
factors and contraindications.
(ii) The information that should be solicited
from the client to assist the service center
operator and the facilitator in meeting any public
health and safety standards and industry best
practices during the administration session.
(iii) The health and safety warnings and other
disclosures that should be made to the client
before the client participates in the
administration session.
(6) Make recommendations to the Department on public
health and safety standards and industry best practices
for each type of licensee under this Act.
(7) Make recommendations to the Department on the
formulation of a code of professional conduct for

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facilitators, giving particular consideration to a code of
ethics, cultural responsibility, and outlining a clear
process for reporting complaints of unethical conduct by
facilitators or service center employees.
(8) Make recommendations to the Department on the
education, experience, and training that facilitators must
achieve, giving particular consideration to the following
and including whether such education, experience, and
training should be available through online resources:
(A) Facilitation skills that are affirming,
nonjudgmental, nondirective, trauma-informed, and
rooted in informed consent.
(B) Support skills for clients during an
administration session, including specialized skills
for the following:
(i) Client safety.
(ii) Clients who may have a mental health
condition.
(iii) Appropriate boundaries, heightened
transference in expanded states of consciousness,
and special precautions related to the use of
touch in psilocybin sessions.
(iv) Crisis assessment and appropriate
referral for those who need ongoing support if
challenging mental health issues emerge in
psilocybin sessions

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(C) The environment in which psilocybin services
should occur.
(D) Social and cultural considerations.
(E) Affordable, equitable, ethical, and culturally
responsible access to entheogens and requirements to
ensure that the regulated entheogen access program is
equitable and inclusive.
(9) Make recommendations to the Department on the
examinations that facilitators must pass.
(10) Make recommendations to the Department on public
health and safety standards and industry best practices
for holding and completing an administration session,
including the following:
(A) Best practices surrounding group
administration.
(B) How clients can safely access common or
outside areas on the premises at which the
administration session is held.
(C) The circumstances under which an
administration session is considered complete.
(D) The transportation needs of the client after
the completion of the administration session.
(11) Develop a long-term strategic plan for ensuring
that psilocybin services will become and remain a safe,
accessible, and affordable therapeutic option for all
persons 18 years of age and older in this State for whom

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psilocybin may be appropriate.
(12) Monitor and study federal laws, regulations, and
policies regarding psilocybin.
(13) On an ongoing basis, review and evaluate existing
research studies and real-world data related to entheogens
and make recommendations to the General Assembly and
relevant State agencies as to whether entheogens and
associated services should be covered under any Illinois
State health insurance or other insurance program as a
cost-effective intervention for various mental health
conditions, including, but not limited to, end of life
anxiety, substance use disorder, alcoholism, depressive
disorders, neurological disorders, post-traumatic stress
disorder, and other painful conditions, including, but not
limited to, cluster headaches, migraines, cancer, and
phantom limbs.
(14) On an ongoing basis, review and evaluate
sustainability issues related to natural entheogens and
their impact on indigenous cultures and document existing
reciprocity efforts and continuing support measures that
are needed as part of the Advisory Board's annual report.
(15) Publish an annual report describing the Advisory
Board's activities, including, but not limited to, any
recommendations and advice for the Department or the
General Assembly.
(b) The Department shall provide technical, logistical,

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and other support to the Advisory Board, as requested by the
Advisory Board, to assist the Advisory Board with its duties
and obligations.
Section 35. Department of Public Health's general powers
and duties; rules.
(a) The Department has the duties, functions, and powers
specified in this Act and the powers necessary or proper to
enable the Department to carry out the Department's duties,
functions, and powers under this Act. The jurisdiction,
supervision, duties, functions, and powers of the Department
extend to any person who produces, processes, transports,
delivers, sells, or purchases a psilocybin product in this
State or who provides a psilocybin service in this State. The
Department may sue and be sued.
(b) The duties, functions, and powers of the Department
specified in this Act include the following:
(1) To examine, publish, and distribute to the public
available medical, psychological, and scientific studies,
research, and other information relating to the safety and
efficacy of psilocybin in treating mental health
conditions, including, but not limited to, addiction,
depression, anxiety disorders, headache disorders, and
end-of-life psychological distress.
(2) After the 2-year program development period, the
following:

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(A) To regulate the manufacturing, transportation,
delivery, sale, and purchase of psilocybin products
and the provision of psilocybin services in this State
in accordance with the provisions of this Act.
(B) To issue, renew, suspend, revoke, or refuse to
issue or renew licenses for the manufacturing or sale
of psilocybin products, the provision of psilocybin
services, or other licenses related to the consumption
of psilocybin products, and to permit, at the
Department's discretion, the transfer of a license
between persons.
(C) To regulate the use of psilocybin products and
psilocybin services for other purposes as deemed
necessary or appropriate by the Department.
(3) To adopt, amend, or repeal rules as necessary to
carry out the intent and provisions of this Act, including
rules that the Department considers necessary to protect
the public health and safety.
(4) To exercise all powers incidental, convenient, or
necessary to enable the Department to administer or carry
out the provisions of this Act or any other law of this
State that charges the Department with a duty, function,
or power related to psilocybin products or psilocybin
services. Powers described in this paragraph include, but
are not limited to, the following:
(A) Issuing subpoenas.

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(B) Compelling the attendance of witnesses.
(C) Administering oaths.
(D) Certifying official acts.
(E) Taking depositions as provided by law.
(F) Compelling the production of books, payrolls,
accounts, papers, records, documents, or testimony.
(G) Establishing fees in addition to the
application, licensing, and renewal fees described in
Sections 85, 100, 115, and 325 of this Act, provided
that any fee established by the Department is
reasonably calculated to not exceed the cost of the
activity for which the fee is charged.
(5) To adopt rules prohibiting advertisement of
psilocybin products to the public.
(6) To adopt rules regulating and prohibiting
advertisement of psilocybin services and prohibiting
advertisements for those services that:
(A) That is appealing to minors.
(B) That promotes excessive use.
(C) That promotes illegal activity.
(D) That violates the code of professional conduct
for facilitators formulated by the Department.
(E) That otherwise presents a significant risk to
public health and safety as determined by the
Department.
(c) The Department may not require that a psilocybin

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product be manufactured by means of chemical synthesis.
(d) The Department may not require a client to be
diagnosed with or have any particular medical condition as a
prerequisite to being provided psilocybin services.
(e) Fees collected pursuant to this Section shall be
deposited into the Psilocybin Control and Regulation Fund
established under Section 205.
Section 40. Authority to purchase, possess, seize,
transfer to a licensee, or dispose of psilocybin products.
Subject to any applicable provision of Illinois law, the
Department may purchase, possess, seize, transfer to a
licensee, or dispose of psilocybin products as is necessary
for the Department to ensure compliance with and enforce the
provisions of this Act and any rule adopted under this Act.
Section 45. 2-year program development period; dates.
(a) Unless the General Assembly provides otherwise, the
Department may not issue any licenses under this Act during
the 2-year program development period.
(b) On or before February 28, 2024, the Governor shall
appoint the individuals specified in subsection (b) of Section
25 to the Advisory Board.
(c) On or before March 31, 2024, the Advisory Board shall
hold its first meeting at a time and place specified by the
Governor.

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(d) On or before June 30, 2024, and on a regular basis
after that date, the Advisory Board shall submit its findings
and recommendations to the Department on available medical,
psychological, and scientific studies, research, and other
information relating to the safety and efficacy of psilocybin
and other entheogens in treating mental health conditions,
including, but not limited to, addiction, depression, anxiety
disorders, headache disorders, and end-of-life psychological
distress.
(e) On or before June 30, 2025, the Advisory Board shall
submit its findings and recommendations concerning the
following to the Department:
(1) Rules and regulations for the implementation of
this Act.
(2) A long-term strategic plan for ensuring that
psilocybin services will become and remain a safe,
accessible, and affordable therapeutic option for all
persons 18 years of age and older in this State for whom
psilocybin may be appropriate.
(3) With respect to federal laws, regulations, and
policies regarding psilocybin and other entheogens.
(f) On or before July 31, 2024, and on a regular basis
after that date, the Department shall publish and distribute
to the public available medical, psychological, and scientific
studies, research, and other information relating to the
safety and efficacy of psilocybin and other entheogens in

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treating mental health conditions, including, but not limited
to, addiction, depression, anxiety disorders, headache
disorders, and end-of-life psychological distress.
(g) On or before December 31, 2025, the Department shall
prescribe forms and adopt such rules as the Department deems
necessary for the implementation of this Act.
Section 50. Licensing.
(a) On or before January 2, 2025, the Department shall
begin receiving applications for the licensing of persons to
perform the following:
(1) Manufacture psilocybin products.
(2) Operate a service center.
(3) Facilitate psilocybin services.
(4) Test psilocybin products.
(b) Except as provided in subsection (c), an applicant for
a license or renewal of a license issued under this Act shall
apply to the Department in the form required by the Department
by rule, showing the name and address of the applicant, the
location of the facility that is to be operated under the
license, and other pertinent information required by the
Department. The Department may not issue or renew a license
until the applicant has complied with the provisions of this
Act and rules adopted under this Act.
(c) The Department may reject any application that is not
submitted in the form required by the Department by rule. The

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Department shall give applicants an opportunity to be heard if
an application is rejected. A hearing under this subsection is
not subject to the requirements for contested case proceedings
under applicable Illinois law.
(d) Except as provided in subsection (c), a revocation of
or a refusal to issue or renew a license issued under this Act
is subject to the requirements for contested case proceedings
under applicable Illinois law.
(e) An applicant for a facilitator license or renewal of a
facilitator license issued under Section 115 need not show the
location of any premises.
(f) The Department may not license an applicant under the
provisions of this Act if the applicant is under 18 years of
age.
(g) The Department may refuse to issue a license or may
issue a restricted license to an applicant under the
provisions of this Act if the Department finds that the
applicant meets any of the following conditions:
(1) Has failed to complete any of the education or
training required by the provisions of this Act or rules
adopted under this Act.
(2) Has failed to complete any of the examination
required by the provisions of this Act or rules adopted
under this Act.
(3) Is in the habit of using alcoholic beverages,
habit-forming drugs, or controlled substances to excess as

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determined by the Department.
(4) Has made false statements to the Department.
(5) Is incompetent or physically unable to carry on
the management of the establishment proposed to be
licensed as determined by the Department.
(6) Has been convicted of violating a federal law,
State law, or local ordinance if the conviction is
substantially related to the fitness and ability of the
applicant to lawfully carry out activities under the
license.
(7) Is not of good repute and moral character as
determined by the Department.
(8) Does not have a good record of compliance with
this Act or any rule adopted under this Act.
(9) Is not the legitimate owner of the premises
proposed to be licensed or has not disclosed that any
other person has an ownership interest in the premises
proposed to be licensed.
(10) Has not demonstrated financial responsibility
sufficient to adequately meet the requirements of the
premises proposed to be licensed.
(11) Is unable to understand the laws of this State
relating to psilocybin products, psilocybin services, or
the rules adopted under this Act.
(h) Notwithstanding paragraph (6) of subsection (g), in
determining whether to issue a license or a restricted license

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to an applicant, the Department may not consider the prior
conviction of the applicant or any owner, director, officer,
manager, employee, agent, or other representative of the
applicant for the following:
(1) The manufacture of psilocybin or the manufacture
of cannabis, as defined under Section 1-10 of the Cannabis
Regulation and Tax Act, or cannabis product if any of the
following apply:
(A) The date of the conviction is 2 or more years
before the date of the application.
(B) The person has not been convicted more than
once for the manufacture of psilocybin.
(2) The possession of a controlled substance, as
defined in the Illinois Controlled Substances Act, if any
of the following apply:
(A) The date of the conviction is 2 or more years
before the date of the application.
(B) The person has not been convicted more than
once for the possession of a controlled substance.
Section 55. Authority to require fingerprints of
applicants and other individuals. For the purpose of
requesting a State or nationwide criminal records check, the
Department may require the fingerprints of any individual
listed on an application submitted under Section 50. The
powers conferred on the Department under this Section include

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the power to require the fingerprints of the following
persons:
(1) If the applicant is a limited partnership, each
general partner of the limited partnership.
(2) If the applicant is a manager-managed limited
liability company, each manager of the limited liability
company.
(3) If the applicant is a member-managed limited
liability company, each voting member of the limited
liability company.
(4) If the applicant is a corporation, each director
and officer of the corporation.
(5) Any individual who holds a financial interest of
10% or more in the person applying for the license.
Section 60. Properties of license. A license issued under
this Act is all of the following:
(1) A personal privilege.
(2) Renewable in the manner provided under Section 50,
except for a cause that would be grounds for refusal to
issue the license under Section 50.
(3) Subject to revocation or suspension as provided in
Section 185.
(4) Except for a license issued to a facilitator under
Section 115, transferable from the premises for which the
license was originally issued to another premises subject

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to the provisions of this Act, applicable rules adopted
under this Act, and applicable local ordinances.
(5) Subject to expiration upon the death of the
licensee, if the license was issued to an individual
except as provided under subsection (q) of Section 165.
(6) Not considered property.
(7) Not alienable.
(8) Not subject to attachment or execution.
(9) Not subject to descent by the laws of testate or
intestate succession.
Section 65. Duties of the Department with respect to
issuing licenses.
(a) The Department shall approve or deny an application to
be licensed under this Act. Upon receiving an application
under Section 50, the Department may not unreasonably delay
processing, approving, or denying the application or, if the
application is approved, issuing the license.
(b) The licenses described in this Act must be issued by
the Department, subject to the provisions of this Act and
rules adopted under this Act.
(c) The Department may not licensee premises that do not
have defined boundaries. Premises do not need to be enclosed
by a wall, fence, or other structure, but the Department may
require premises to be enclosed as a condition of issuing or
renewing a license. The Department may not license mobile

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premises.
Section 70. Duty to request land use compatibility
statement.
(a) Prior to receiving a license under Section 85 or 100,
an applicant shall request a land use compatibility statement
from the city or county that authorizes the land use. The land
use compatibility statement must demonstrate that the
requested license is for a land use that is allowable as a
permitted or conditional use within the given zoning
designation where the land is located. The Department may not
issue a license if the land use compatibility statement shows
that the proposed land use is prohibited in the applicable
zone.
(b) Except as otherwise provided in this Section, a city
or county that receives a request for a land use compatibility
statement under this Section must act on that request within
21 days after either of the following:
(1) Receipt of the request, if the land use is
allowable as an outright permitted use.
(2) Final local permit approval, if the land use is
allowable as a conditional use.
A city or county that receives a request for a land use
compatibility statement under this Section is not required to
act on that request during the period that the Department
discontinues licensing those premises pursuant to subsection

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(d) of Section 480.
Section 75. Lawful manufacture, delivery, and possession
of psilocybin products. A licensee or licensee representative
may manufacture, deliver, or possess a psilocybin product
subject to the provisions of this Act and rules adopted under
this Act. The manufacture, delivery, or possession of a
psilocybin product by a licensee or a licensee representative
in compliance with this Act and rules adopted under this Act
does not constitute a criminal or civil offense under the laws
of this State.
Section 80. Restriction on financial interests in multiple
licensees.
(a) An individual may not have a financial interest in
either of the following:
(1) More than one psilocybin product manufacturer.
(2) More than 5 service center operators.
(b) Subject to subsection (a), a person may hold multiple
service center operator licenses under Section 100 and may
hold both a manufacturer license under Section 85 and a
service center operator license under Section 100 at the same
or different premises.
Section 85. License to manufacture psilocybin products.
(a) The manufacture of psilocybin products is subject to

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regulation by the Department.
(b) A psilocybin product manufacturer must have a
manufacturer license issued by the Department for the premises
at which the psilocybin products are manufactured. To hold a
manufacturer license issued under this Section, a psilocybin
product manufacturer must comply with the following:
(1) Apply for a license in the manner described in
Section 50.
(2) Provide proof that the applicant is 18 years of
age or older.
(3) Until January 1, 2027 comply with the following:
(A) If the direct owner of the business operating
or to be operated under the license is a legal entity,
provide proof that more than 50% of the shares,
membership interests, partnership interests, or other
ownership interests of the legal entity are held,
directly or indirectly, by one or more individuals who
have been residents of this State for 2 or more years.
(B) If the direct owner of the business operating
or to be operated under the license is a partnership
that is not a legal entity, provide proof that more
than 50% of the partnership interests of the
partnership are held, directly or indirectly, by one
or more individuals who have been residents of this
State for 2 or more years.
(C) If the direct owner of the business operating

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or to be operated under the license is an individual,
provide proof that the individual has been a resident
of this State for 2 or more years.
(4) Meet the requirements of any rule adopted by the
Department under subsections (c) and (d).
(c) If the applicant is not the owner of the premises at
which the psilocybin is to be manufactured, the applicant
shall submit to the Department signed informed consent from
the owner of the premises to manufacture psilocybin at the
premises. The Department may adopt rules regarding the
informed consent described in this subsection.
(d) The Department shall adopt rules that comply with the
following:
(1) Require a psilocybin product manufacturer to
annually renew a license issued under this Section.
(2) Establish application, licensure, and renewal of
licensure fees for psilocybin product manufacturers.
(3) Require psilocybin products manufactured by
psilocybin product manufacturers to be tested in
accordance with Section 320.
(e) Fees adopted under paragraph (2) of subsection (d) may
not exceed, together with other fees collected under this Act,
the cost of administering this Act and shall be deposited into
the Psilocybin Control and Regulation Fund established under
Section 205.

HB0001 - 38 - LRB103 04680 CPF 49688 b
Section 90. Psilocybin product manufacturers;
endorsements.
(a) The Department shall adopt rules that designate
different types of manufacturing activities. A psilocybin
product manufacturer may only engage in a type of
manufacturing activity if the psilocybin product manufacturer
has received an endorsement from the Department for that type
of manufacturing activity.
(b) An applicant must request an endorsement upon
submission of an initial application but may also request an
endorsement at any time following licensure.
(c) Only one application and license fee is required
regardless of how many endorsements an applicant or licensee
requests or at what time the request is made.
(d) A psilocybin product manufacturer licensee may hold
multiple endorsements.
(e) The Department may deny a psilocybin product
manufacturer's request for an endorsement or revoke an
existing endorsement if the psilocybin product manufacturer
cannot or does not meet the requirements for the endorsement
that is requested. If the Department denies or revokes
approval, the psilocybin product manufacturer has a right to a
hearing under relevant procedures specified in the Illinois
Administrative Procedure Act.
Section 95. Psilocybin product quantities; rules. The

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Department shall adopt rules restricting the quantities of
psilocybin products at premises for which a license has been
issued under Section 85. In adopting rules under this Section,
the Department shall take into consideration the demand for
psilocybin services in this State, the number of psilocybin
product manufacturers applying for a license under Section 85,
the number of psilocybin product manufacturers that hold a
license issued under Section 85, and whether the availability
of psilocybin products in this State is commensurate with the
demand for psilocybin services.
Section 100. License to operate a service center.
(a) The operation of a service center is subject to
regulation by the Department.
(b) Service centers are to be regulated under the
provisions of this Act and not the provisions of any other Act.
(c) A service center operator must have a service center
operator license issued by the Department for the premises at
which psilocybin services are provided. To hold a service
center operator license under this Section, a service center
operator must comply with the following:
(1) Apply for a license in the manner described in
Section 50.
(2) Provide proof that the applicant is 18 years of
age or older.
(3) Until January 1, 2027, comply with the following:

HB0001 - 40 - LRB103 04680 CPF 49688 b
(A) If the direct owner of the business operating
or to be operated under the license is a legal entity,
provide proof that more than 50% of the shares,
membership interests, partnership interests, or other
ownership interests of the legal entity are held,
directly or indirectly, by one or more individuals who
have been residents of this State for 2 or more years.
(B) If the direct owner of the business operating
or to be operated under the license is a partnership
that is not a legal entity, provide proof that more
than 50% of the partnership interests of the
partnership are held, directly or indirectly, by one
or more individuals who have been residents of this
State for 2 or more years.
(C) If the direct owner of the business operating
or to be operated under the license is an individual,
provide proof that the individual has been a resident
of this State for 2 or more years.
(4) Must ensure that the service center is located in
an area that is not within the limits of an area zoned
exclusively for residential use.
(5) Except as provided in Section 105, must ensure
that the service center is not located within 1,000 feet
of a public, private, or parochial school.
(6) Must meet the requirements of any rule adopted by
the Department under paragraph (7).

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(7) The Department shall adopt rules that comply with
the following:
(A) Require a service center operator to annually
renew a license issued under this Section.
(B) Establish application, licensure, and renewal
of licensure fees for service center operators.
(C) Require psilocybin products sold by a service
center operator to be tested in accordance with
Section 320.
(D) Require a service center operator to meet any
public health and safety standards and industry best
practices established by the Department by rule.
(8) Fees adopted under subparagraph (B) of paragraph
(7) may not exceed, together with other fees collected
under this Act, the cost of administering this Act and
shall be deposited into the Psilocybin Control and
Regulation Fund established under Section 205.
Section 105. Proximity of service center to schools.
Notwithstanding paragraph (5) of subsection (c) of Section
100, a service center may be located within 1,000 feet of a
school if either of the following apply:
(1) The service center is not located within 500 feet
of:
(A) a public elementary or secondary school for
which attendance is compulsory under applicable

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provisions of the School Code; or
(B) a private or parochial elementary or secondary
school.
(2) The Department determines that there is a physical
or geographic barrier capable of preventing children from
traversing to the premises of the service center.
Section 110. Establishment of schools after issuance of
license.
(a) If a school described under paragraph (5) of
subsection (c) of Section 100 that has not previously been
attended by children is established within 1,000 feet of
premises for which a license has been issued under Section
100, the service center operator located at that premises may
remain at that location unless the Department revokes the
license of the service center operator under Section 180.
(b) The Department may adopt rules establishing the
circumstances under which the Department may require a service
center operator that holds a license issued under Section 100
to use an age verification scanner or any other equipment used
to verify a person's age for the purpose of ensuring that the
service center operator does not sell psilocybin products to a
person under 18 years of age. Information obtained under this
subsection may not be retained after verifying a person's age
and may not be used for any purpose other than verifying a
person's age.

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Section 115. License to facilitate psilocybin services.
(a) The facilitation of psilocybin services is subject to
regulation by the Department.
(b) A facilitator must have a facilitator license issued
by the Department. To hold a facilitator license issued under
this Section, a facilitator must comply with the following:
(1) Apply for a license in the manner described in
Section 50.
(2) Provide proof that the applicant is 18 years of
age or older.
(3) Until January 1, 2027, provide proof that the
applicant has been a resident of this State for 2 or more
years.
(4) Have a high school diploma or equivalent
education.
(5) Submit evidence of completion of education and
training prescribed and approved by the Department.
(6) Have passed an examination approved, administered,
or recognized by the Department.
(7) Meet the requirements of any rule adopted by the
Department under subsection (d).
(c) The Department may not require a facilitator to have a
degree from a university, college, postsecondary institution,
or other institution of higher education.
(d) The Department shall adopt rules that comply with the

HB0001 - 44 - LRB103 04680 CPF 49688 b
following:
(1) Require a facilitator to annually renew a license
issued under this Section.
(2) Establish application, licensure, and renewal of
licensure fees for facilitators.
(3) Require a facilitator to meet any public health
and safety standards and industry best practices
established by the Department by rule.
(e) Fees adopted under paragraph (2) of subsection (d) may
not exceed, together with other fees collected under this Act,
the cost of administering this Act and shall be deposited into
the Psilocybin Control and Regulation Fund established under
Section 205.
(f) A facilitator may be, but need not be, an employee,
manager, director, officer, partner, member, shareholder, or
direct or indirect owner of one or more service center
operators.
(g) A license issued to a facilitator under this Section
is not limited to any one or more premises.
Section 120. License examinations; rules. The Department
shall offer an examination for applicants for licenses to
facilitate psilocybin services at least twice a year. An
applicant who fails any part of the examination may retake the
failed section in accordance with rules adopted by the
Department.

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Section 125. Age verification. The Department may adopt
rules establishing the circumstances under which the
Department may require a facilitator that holds a license
issued under Section 115 to use an age verification scanner or
any other equipment used to verify a person's age for the
purpose of ensuring that the facilitator does not provide
psilocybin services to a person under 18 years of age.
Information obtained under this Section may not be retained
after verifying a person's age and may not be used for any
purpose other than verifying a person's age.
Section 130. Psilocybin services. The Department shall
adopt by rule the requirements, specifications, and guidelines
for the following:
(1) Providing psilocybin services to a client.
(2) Holding and verifying the completion of a
preparation session.
(3) Having a client complete, sign, and deliver a
client information form to a service center operator and a
facilitator.
(4) Holding and verifying the completion of an
administration session.
(5) Holding and verifying the completion of an
integration session.

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Section 135. Preparation session.
(a) Before a client participates in an administration
session, the client must attend a preparation session with a
facilitator.
(b) A preparation session may be, but need not be, held at
a service center.
(c) If a preparation session is completed in accordance
with all applicable requirements, specifications, and
guidelines, as determined by the Department, the facilitator
must certify, in a form and manner prescribed by the
Department, that the client completed the preparation session.
Section 140. Client information form.
(a) Before a client participates in an administration
session, the following must occur:
(1) The client must complete and sign a client
information form in a form and manner prescribed by the
Department.
(2) A copy of the completed and signed client
information form must be delivered to the service center
operator that operates the service center at which the
administration session is to be held and to the
facilitator that will supervise the administration
session.
(b) The client information form must comply with the
following:

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(1) Solicit from the client such information as may be
necessary (i) to enable a service center operator and a
facilitator to determine whether the client should
participate in an administration session, including
information that may identify risk factors and
contraindications, and (ii) to assist the service center
operator and the facilitator in meeting any public health
and safety standards and industry best practices during
the administration session.
(2) Contain such health and safety warnings and other
disclosures to the client as the Department may require.
Section 145. Administration session.
(a) After a client completes a preparation session and
completes and signs a client information form, the client may
participate in an administration session.
(b) An administration session must be held under the
supervision of a licensed facilitator.
(c) If an administration session is completed in
accordance with all applicable requirements, specifications,
and guidelines, as determined by the Department, the
facilitator must certify, in a form and manner prescribed by
the Department, that the client completed the administration
session.
Section 150. Integration session.

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(a) After a client completes an administration session,
the facilitator who supervised the administration session must
offer the client an opportunity to participate in an
integration session. The client may, but need not, participate
in an integration session.
(b) An integration session may be, but need not be, held at
a service center.
(c) If an integration session is completed in accordance
with all applicable requirements, specifications, and
guidelines, as determined by the Department, the facilitator
must certify, in a form and manner prescribed by the
Department, that the client completed the integration session.
Section 155. Reliance on client information form.
(a) If a client information form is offered as evidence in
any administrative or criminal prosecution of a licensee or
licensee representative for sale or service of a psilocybin
product to a client, the licensee or licensee representative
is not guilty of any offense prohibiting a person from selling
or serving a psilocybin product to a client unless it is
demonstrated that a reasonable person would have determined
that the responses provided by the client on the client
information form were incorrect or altered.
(b) A licensee or licensee representative shall be
entitled to rely upon all statements, declarations, and
representations made by a client in a client information form

HB0001 - 49 - LRB103 04680 CPF 49688 b
unless it is demonstrated that either:
(1) a reasonable person would have determined that one
or more of the statements, declarations, or
representations made by the client in the client
information form were incorrect or altered; or
(2) the licensee or licensee representative violated a
provision of this Act or a rule adopted under this Act
relative to the client information form.
(c) Except as provided in subsection (b), no licensee or
licensee representative shall incur legal liability by virtue
of any untrue statement, declaration, or representation so
relied upon in good faith by the licensee or licensee
representative.
(d) The Department shall adopt rules for recordkeeping,
privacy, and confidentiality requirements of service centers.
However, the recordkeeping shall not result in disclosure to
the public or any governmental agency of any participant's
personally identifiable information.
Section 160. Refusal to provide psilocybin services to a
client.
(a) Subject to applicable State law, a licensee or
licensee representative may refuse to provide psilocybin
services to a potential client for any or no reason.
(b) Except as provided in subsection (c), and subject to
applicable State law, a licensee or licensee representative

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may cease providing psilocybin services to a client for any or
no reason.
(c) A service center operator and a facilitator may not
cease providing psilocybin services to a client during an
administration session after the client has consumed a
psilocybin product, except as authorized by the Department by
rule or as necessary in an emergency.
Section 165. Department powers and duties relating to
facilitators.
(a) The Department shall perform the following:
(1) Determine the qualifications, training, education,
and fitness of applicants for licenses to facilitate
psilocybin services, giving particular consideration to
the following:
(A) Facilitation skills that are affirming,
nonjudgmental, culturally competent, trauma informed,
rooted in informed consent, and nondirective.
(B) Support skills for clients during an
administration session, including specialized skills
for the following:
(i) Client safety.
(ii) Clients who may have a mental health
condition.
(C) The environment in which psilocybin services
should occur.

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(D) Social and cultural considerations.
(2) Formulate a code of professional conduct for
facilitators, giving particular consideration to a code of
ethics.
(3) Establish standards of practice and professional
responsibility for individuals licensed by the Department
to facilitate psilocybin services.
(4) Select licensing examinations for licenses to
facilitate psilocybin services.
(5) Provide for waivers of examinations, as
appropriate.
(6) Appoint representatives to conduct or supervise
examinations of applicants for licenses to facilitate
psilocybin services.
(b) The Department shall adopt by rule minimum standards
of education and training requirements for facilitators.
(c) The Department shall approve courses for facilitators.
To obtain approval of a course, the provider of a course must
submit an outline of instruction to the Department. The
outline must include the proposed courses, total hours of
instruction, hours of lectures in theory, and the hours of
instruction in application of practical skills.
(d) The Department may, after 72 hours' notice, make an
examination of the books of a licensee for the purpose of
determining compliance with this Act and rules adopted under
this Act.

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(e) The Department may at any time make an examination of
premises for which a license has been issued under this Act for
the purpose of determining compliance with this Act and rules
adopted under this Act.
(f) The Department may not require the books of a licensee
to be maintained on the premises of the licensee.
(g) If a licensee holds more than one license issued under
this Act for the same premises, the Department may require the
premises to be segregated into separate areas for conducting
the activities permitted under each license as is necessary to
protect the public health and safety.
(h) As is necessary to protect the public health and
safety, the Department may require a licensee to maintain
general liability insurance in an amount that the Department
determines is reasonably affordable and available for the
purpose of protecting the licensee against damages resulting
from a cause of action related to activities undertaken
pursuant to the license held by the licensee.
(i) The Department shall perform the following:
(1) Develop and maintain a system for tracking the
transfer of psilocybin products between premises for which
licenses have been issued under this Act. The purposes of
the system include, but are not limited to, the following:
(A) Preventing the diversion of psilocybin
products to other states.
(B) Preventing persons from substituting or

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tampering with psilocybin products.
(C) Ensuring an accurate accounting of the
production, processing, and sale of psilocybin
products.
(D) Ensuring that laboratory testing results are
accurately reported.
(E) Ensuring compliance with this Act, rules
adopted under this Act, and any other law of this State
that charges the Department with a duty, function, or
power related to psilocybin.
(2) Enter into an agreement with the Illinois Liquor
Control Commission under which the Illinois Liquor Control
Commission shall permit the Department to use any system
developed and maintained by the Illinois Liquor Control
Commission to track the transfer of psilocybin products
between premises for which licenses have been issued under
this Act.
(j) The system developed under paragraph (1) of subsection
(i) must be capable of tracking, at a minimum, the following:
(1) The manufacturing of psilocybin products.
(2) The sale of psilocybin products by a service
center operator to a client.
(3) The sale and purchase of psilocybin products
between licensees, as permitted by this Act.
(4) The transfer of psilocybin products between
premises for which licenses have been issued under this

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Act.
(5) Any other information that the Department
determines is reasonably necessary to accomplish the
duties, functions, and powers of the Department under this
Act.
(k) Notwithstanding Section 470, before making any other
distribution from the Illinois Psilocybin Fund established
under Section 470, the Department of Revenue shall first
distribute moneys quarterly from the Fund to the Illinois
Liquor Control Commission for deposit into the Cannabis
Regulation Fund for purposes of paying any costs incurred by
the Illinois Liquor Control Commission under paragraph (2) of
subsection (i). For purposes of estimating the amount of
moneys necessary to pay any costs incurred under this Section,
the Illinois Liquor Control Commission shall establish a
formulary based on expected costs for each licensee that is
tracked under this Section. The Illinois Liquor Control
Commission shall provide to the Department of Revenue and the
Illinois Liquor Control Commission on Government Forecasting
and Accountability before each quarter the estimated amount of
moneys necessary to pay costs expected to be incurred under
this Section and the formulary.
(l) Except as otherwise provided by law, the Department
has any power, and may perform any function, necessary for the
Department to prevent the diversion of psilocybin products
from licensees to a source that is not operating legally under

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the laws of this State.
(m) In addition to any other disciplinary action available
to the Department under this Act, the Department may
immediately restrict, suspend, or refuse to renew a license
issued under this Act if circumstances create probable cause
for the Department to conclude that a licensee has purchased
or received a psilocybin product from an unlicensed source or
that a licensee has sold, stored, or transferred a psilocybin
product in a manner that is not permitted by the licensee's
license.
(n) The Department may require a licensee or applicant for
a license under this Act to submit, in a form and manner
prescribed by the Department, to the Department a sworn
statement showing the following:
(1) The name and address of each person who has a
financial interest in the business operating or to be
operated under the license.
(2) The nature and extent of the financial interest of
each person who has a financial interest in the business
operating or to be operated under the license.
(3) The Department may refuse to issue, or may
suspend, revoke, or refuse to renew, a license issued
under this Act if the Department determines that a person
who has a financial interest in the business operating or
to be operated under the license committed or failed to
commit an act that would constitute grounds for the

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Department to refuse to issue, or to suspend, revoke, or
refuse to renew, the license if the person is the licensee
or applicant for the license.
(o) Notwithstanding the lapse, suspension, or revocation
of a license issued under this Act, the Department may perform
the following:
(1) Proceed with any investigation of, or any action
or disciplinary proceeding against, the person who held
the license.
(2) Revise or render void an order suspending or
revoking the license.
(3) In cases involving the proposed denial of a
license applied for under this Act, the applicant for
licensure may not withdraw the applicant's application.
(p) Notwithstanding the lapse, suspension or revocation of
a permit issued under Section 190, the Department may perform
the following:
(1) Proceed with any investigation of, or any action
or disciplinary proceeding against, the person who held
the permit.
(2) Revise or render void an order suspending or
revoking the permit.
(3) In cases involving the proposed denial of a permit
applied for under Section 190, the applicant may not
withdraw the applicant's application.
(q) The Department may, by rule or order, provide for the

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manner and conditions under which the following occur:
(1) Psilocybin products left by a deceased, insolvent,
or bankrupt person or licensee, or subject to a security
interest, may be foreclosed, sold under execution, or
otherwise disposed of.
(2) The business of a deceased, insolvent, or bankrupt
licensee may be operated for a reasonable period following
the death, insolvency, or bankruptcy.
(3) A secured party may continue to operate at
premises for which a license has been issued under this
Act for a reasonable period after default on the
indebtedness by the debtor.
Section 170. Conduct of licensees; prohibitions.
(a) A psilocybin product manufacturer that holds a license
under Section 85 may not manufacture psilocybin products
outdoors.
(b) A psilocybin product manufacturer that holds a license
under Section 85 may deliver psilocybin products only to or on
premises for which a license has been issued under Section 85
or Section 100 and may receive psilocybin products only from a
psilocybin product manufacturer that holds a license under
Section 85.
(c) A service center operator that holds a license under
Section 100 may deliver psilocybin products only to or on
premises for which a license has been issued under Section 100

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and may receive psilocybin products only from a psilocybin
product manufacturer that holds a license under Section 85 or
a service center operator that holds a license under Section
100.
(d) The sale of psilocybin products to a client by a
service center operator that holds a license issued under
Section 100 must be restricted to the premises for which the
license has been issued.
(e) The Department may by order waive the requirements of
subsections (b) and (c) to ensure compliance with this Act or a
rule adopted under this Act. An order issued under this
subsection does not constitute a waiver of any other
requirement of this Act or any other rule adopted under this
Act.
(f) A licensee or licensee representative may not sell or
deliver a psilocybin product to a person under 18 years of age.
(g) Subject to subsection (h), a licensee or licensee
representative, before selling or providing a psilocybin
product to another person, must require the person to produce
one of the following pieces of identification:
(1) The person's passport.
(2) The person's driver's license, issued by the State
of Illinois or another state of the United States.
(3) An identification card issued by the State of
Illinois.
(4) A United States military identification card.

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(5) An identification card issued by a federally
recognized Indian tribe.
(6) Any other identification card issued by a state or
territory of the United States that bears a picture of the
person, the name of the person, the person's date of
birth, and a physical description of the person.
(h) The Department may adopt rules exempting a licensee or
licensee representative from the provisions of subsection (g).
(i) A client may not be required to procure for the purpose
of acquiring or purchasing a psilocybin product a piece of
identification other than a piece of identification described
in subsection (g).
(j) A service center operator, a facilitator, or any
employee of a service center operator or facilitator may not
disclose any information that may be used to identify a client
or any communication made by a client during the course of
providing psilocybin services or selling psilocybin products
to the client, except for the following:
(1) When the client or a person authorized to act on
behalf of the client gives consent to the disclosure.
(2) When the client initiates legal action or makes a
complaint against the service center operator, the
facilitator, or the employee.
(3) When the communication reveals the intent to
commit a crime harmful to the client or others.
(4) When the communication reveals that a minor may

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have been a victim of a crime or physical, sexual, or
emotional abuse or neglect.
(5) When responding to an inquiry by the Department
made during the course of an investigation into the
conduct of the service center operator, the facilitator,
or the employee under this Act.
(k) A client may purchase a psilocybin product only at a
service center.
(l) A licensee may not employ a person under 18 years of
age at premises for which a license has been issued under this
Act.
(m) During an inspection of premises for which a license
has been issued under this Act, the Department may require
proof that a person performing work at the premises is 18 years
of age or older. If the person does not provide the Department
with acceptable proof of age upon request, the Department may
require the person to immediately cease any activity and leave
the premises until the Department receives acceptable proof of
age. This subsection does not apply to a person temporarily at
the premises to make a service, maintenance, or repair call or
for other purposes independent of the premises operations.
(n) If a person performing work has not provided proof of
age requested by the Department under subsection (m), the
Department may request that the licensee provide proof that
the person is 18 years of age or older. Failure of the licensee
to respond to a request made under this subsection by

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providing acceptable proof of age for a person is prima facie
evidence that the licensee has allowed the person to perform
work at the premises for which a license has been issued under
this Act in violation of the minimum age requirement.
(o) A licensee may not use or allow the use of a mark or
label on the container of a psilocybin product that is kept for
sale if the mark or label does not precisely and clearly
indicate the nature of the container's contents or if the mark
or label in any way might deceive a person about the nature,
composition, quantity, age, or quality of the container's
contents.
(p) The Department may prohibit a licensee from selling
any psilocybin product that, in the Department's judgment, is
deceptively labeled or contains injurious or adulterated
ingredients.
Section 175. Psilocybin product prohibitions.
(a) A psilocybin product may not be sold or offered for
sale within this State unless the psilocybin product complies
with the minimum standards under the laws of this State.
(b) The Department may prohibit the sale of a psilocybin
product by a service center operator for a reasonable period
of time, not exceeding 90 days, for the purpose of determining
whether the psilocybin product complies with the minimum
standards prescribed by the laws of this State.
(c) A person may not make false representations or

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statements to the Department in order to induce or prevent
action by the Department.
(d) A licensee may not maintain a noisy, lewd, unsafe, or
unsanitary establishment or supply impure or otherwise
deleterious psilocybin products.
(e) A licensee may not misrepresent to a person or to the
public any psilocybin products.
Section 180. Purpose of licenses issued under this Act. A
license issued under this Act serves the purpose of exempting
the person who holds the license from the criminal laws of this
State for possession, delivery, or manufacture of psilocybin
products if the person complies with all State laws and rules
applicable to the licensee.
Section 185. Disciplining licensees.
(a) The Department may revoke, suspend, or restrict a
license issued under this Act or require a licensee or
licensee representative to undergo training if the Department
finds or has reasonable grounds to believe any of the
following to be true:
(1) That the licensee or licensee representative:
(A) has violated a provision of this Act or a rule
adopted under this Act, including any code of
professional conduct or code of ethics;
(B) has made any false representation or statement

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to the Department in order to induce or prevent action
by the Department;
(C) is insolvent or incompetent or physically
unable to carry on the management of the establishment
of the licensee;
(D) is in the habit of using alcoholic liquor,
habit-forming drugs, cannabis, psilocybin products, or
controlled substances to excess;
(E) has misrepresented to a person or the public
any psilocybin products sold by the licensee or
licensee representative; or
(F) since the issuance of the license has been
convicted of a felony, of violating any State or local
psilocybin products law, or of any misdemeanor or
violation of any municipal ordinance committed on the
premises for which the license has been issued.
(2) That there is any other reason that, in the
opinion of the Department, based on public convenience or
necessity, warrants revoking, suspending, or restricting
the license.
(b) An individual who performs work for, or on behalf of, a
licensee must have a valid permit issued by the Department
under Section 190 if the individual participates in any of the
following:
(1) The provision of psilocybin services at the
premises for which the license has been issued.

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(2) The possession, manufacturing, securing, or
selling of psilocybin products at the premises for which
the license has been issued.
(3) The recording of the possession, manufacturing,
securing, or selling of psilocybin products at the
premises for which the license has been issued.
(4) The verification of any document containing
fingerprints required under Section 55.
(c) A licensee must verify that an individual has a valid
permit issued under Section 190 before allowing the individual
to perform any work described in subsection (b) at the
premises for which the license has been issued.
Section 190. Issuing and renewing permits; fees; rules.
(a) The Department shall issue permits to qualified
applicants to perform work described in Section 185. The
Department shall adopt rules establishing the following:
(1) The qualifications for performing work described
in Section 185.
(2) The term of a permit issued under this Section.
(3) Procedures for applying for and renewing a permit
issued under this Section.
(4) Reasonable application, issuance, and renewal fees
for a permit issued under this Section.
(b) The Department may require an individual applying for
a permit under this Section to successfully complete a course,

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made available by or through the Department, through which the
individual receives training on the following:
(1) Checking identification.
(2) Detecting intoxication.
(3) Handling psilocybin products.
(4) If applicable, the manufacturing of psilocybin
products.
(5) The content of this Act and rules adopted under
this Act.
(6) Any matter deemed necessary by the Department to
protect the public health and safety.
(c) The Department or other provider of a course may
charge a reasonable fee for the course described under
subsection (b).
(d) The Department may not require an individual to
successfully complete a course described under subsection (b)
more than once, except for the following:
(1) As part of a final order suspending a permit
issued under this Section, the Department may require a
permit holder to successfully complete the course as a
condition of lifting the suspension.
(2) As part of a final order revoking a permit issued
under this Section, the Department shall require an
individual to successfully complete the course prior to
applying for a new permit.
(e) The Department shall conduct a criminal records check

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on an individual applying for a permit under this Section.
(f) Subject to applicable provisions of Illinois law, the
Department may suspend, revoke, or refuse to issue or renew a
permit if the individual who is applying for or who holds the
permit meets any of the following:
(1) Is convicted of a felony, or is convicted of an
offense under this Act, except that the Department may not
consider a conviction for an offense under this Act if the
date of the conviction is 2 or more years before the date
of the application or renewal.
(2) Violates any provision of this Act or any rule
adopted under this Act.
(3) Makes a false statement to the Department.
(g) A permit issued under this Section is a personal
privilege and permits work described under Section 185 only
for the individual who holds the permit.
Section 195. Authority to require fingerprints of
individuals listed on application. For the purpose of
requesting a State or nationwide criminal records check, the
Department may require the fingerprints of any individual
listed on an application submitted under Section 190.
Section 200. Whistleblower protection for employees. It is
an unlawful employment practice for a licensee to discharge,
demote, suspend, or in any manner discriminate or retaliate

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against an employee of the licensee with regard to promotion,
compensation, or other terms, conditions, or privileges of
employment on the basis that the employee has in good faith
reported information to the Department that the employee
believes is evidence of a violation of this Act or a rule
adopted under this Act.
Section 205. Psilocybin Control and Regulation Fund. The
Psilocybin Control and Regulation Fund is established as a
special fund in the State treasury. Interest earned by the
Psilocybin Control and Regulation Fund shall be credited to
the Fund. Moneys in the Fund are continuously appropriated to
the Department to administer and enforce this Act and to
develop and implement programs for education, harm reduction,
social equity, and unarmed crisis prevention services.
Section 210. Prohibited conduct.
(a) Except as authorized by the Department by rule, or as
necessary in an emergency, a person under 18 years of age may
not enter or attempt to enter any portion of premises posted or
otherwise identified as being prohibited to the use of persons
under 18 years of age.
(b) A person who violates subsection (a) commits a Class B
misdemeanor.
(c) The prohibitions of this Section do not apply to a
person under 18 years of age who is acting under the direction

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of the Department or under the direction of a State or local
law enforcement agency for the purpose of investigating the
possible violation of a law prohibiting the sale of a
psilocybin product to a person who is under 18 years of age.
(d) The prohibitions of this Section do not apply to a
person under 18 years of age who is acting under the direction
of a licensee for the purpose of investigating possible
violations by employees of the licensee of laws prohibiting
sales of psilocybin products to persons who are under 18 years
of age.
(e) A person under 18 years of age is not in violation of,
and is immune from prosecution under, this Section if either
of the following occurred:
(1) The person contacted emergency medical services or
a law enforcement agency in order to obtain medical
assistance for another person who was in need of medical
assistance because that person consumed a psilocybin
product and the evidence of the violation was obtained as
a result of the person having contacted emergency medical
services or a law enforcement agency.
(2) The person was in need of medical assistance
because the person consumed a psilocybin product and the
evidence of the violation was obtained as a result of the
person having sought or obtained the medical assistance.
(f) Subsection (e) does not exclude the use of evidence
obtained as a result of a person having sought medical

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assistance in proceedings for crimes or offenses other than a
violation of this Section.
Section 215. Identification that falsely indicates age.
(a) A person may not produce any piece of identification
that falsely indicates the person's age.
(b) Violation of this Section is a Class A misdemeanor.
(c) If a piece of identification is offered as evidence in
any administrative or criminal prosecution of a licensee or
licensee representative for sale or service of a psilocybin
product to a person under 18 years of age, the licensee or
licensee representative is not guilty of any offense
prohibiting a person from selling or serving a psilocybin
product to a person under 18 years of age unless it is
demonstrated that a reasonable person would have determined
that the identification exhibited by the person under 18 years
of age was altered or that the identification exhibited by the
person under 18 years of age did not accurately describe the
person to whom the psilocybin product was sold or served.
Section 220. Prohibition against giving psilocybin
products to a person who is visibly intoxicated; penalty.
(a) A person may not sell, give, or otherwise make
available a psilocybin product to a person who is visibly
intoxicated.
(b) Violation of this Section is a Class A misdemeanor.

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Section 225. Prohibition against giving psilocybin product
as prize; penalty.
(a) A psilocybin product may not be given as a prize,
premium, or consideration for a lottery, contest, game of
chance, game of skill, or competition of any kind.
(b) Violation of this Section is a Class A misdemeanor.
Section 230. Civil enforcement. In addition to any other
liability or penalty provided by law, the Department may
impose for each violation of a provision of this Act or a rule
adopted under this Act a civil penalty that does not exceed
$5,000 for each violation. Moneys collected under this Section
shall be deposited into the Psilocybin Control and Regulation
Fund established under Section 205.
Section 235. Criminal enforcement.
(a) The law enforcement officers of this State may enforce
this Act and assist the Department in detecting violations of
this Act and apprehending offenders. A law enforcement officer
who has notice, knowledge, or reasonable grounds for suspicion
of a violation of this Act shall immediately notify the
State's Attorney who has jurisdiction over the violation and
furnish the State's Attorney who has jurisdiction over the
violation with the name and address of any witnesses to the
violation or other information related to the violation.

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(b) A county court, State's Attorney, or municipal
authority, immediately upon the conviction of a licensee of a
violation of this Act or of a violation of any other law of
this State or ordinance of a city or county located in this
State, an element of which is the possession, delivery, or
manufacture of a psilocybin product, shall notify the
Department of the conviction.
(c) Violation of a rule adopted under paragraph (3) of
subsection (b) of Section 35 is a Class C misdemeanor.
Section 245. Home rule; licensure. The authority to
require a license for the manufacturing or sale of psilocybin
products in this State or for the provision of psilocybin
services in this State is an exclusive power and function of
the State. A home rule unit may not license the manufacture,
sale, or provision of psilocybin products. This Section is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
Section 250. Local time, place, and manner regulations.
(a) For purposes of this Section, "reasonable regulation"
includes the following:
(1) Reasonable conditions on the manner in which a
psilocybin product manufacturer that holds a license
issued under Section 85 may manufacture psilocybin

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products.
(2) Reasonable conditions on the manner in which a
service center operator that holds a license issued under
Section 100 may provide psilocybin services.
(3) Reasonable limitations on the hours during which
premises for which a license has been issued under this
Act may operate.
(4) Reasonable requirements related to the public's
access to premises for which a license has been issued
under this Act.
(5) Reasonable limitations on where premises for which
a license may be issued under this Act may be located.
(b) Notwithstanding the provisions of any law to the
contrary, the governing body of a city or county may adopt an
ordinance that imposes a reasonable regulation on the
operation of businesses located at premises for which a
license has been issued under this Act if the premises are
located in an area subject to the jurisdiction of the city or
county, except that the governing body of a city or county may
not adopt an ordinance that prohibits premises for which a
license has been issued under Section 100 from being located
within a distance that is greater than 1,000 feet of another
premises for which a license has been issued under Section
100.
Section 255. Local tax or fee prohibited.

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(a) The authority to impose a tax or fee on the
manufacturing, sale, or provision of psilocybin products in
this State or on the provision of psilocybin services in this
State is an exclusive power and function of the State. A home
rule unit may not impose a tax or fee on the manufacture, sale,
or provision of psilocybin products. This Section is a denial
and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(b) A county, municipality, or unit of local government
may not adopt or enact ordinances imposing a tax or fee on the
manufacturing or sale of psilocybin products in this State or
on the provision of psilocybin services in this State.
Section 260. Repeal of city or county ordinances that
prohibit certain establishments.
(a) The governing body of a city or county may repeal an
ordinance that prohibits the establishment of any one or more
of the following in the area subject to the jurisdiction of the
city or in the unincorporated area subject to the jurisdiction
of the county:
(1) Psilocybin product manufacturers that hold a
license issued under Section 85.
(2) Service center operators that hold a license
issued under Section 100.
(3) Any combination of the entities described in

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paragraphs (1) and (2).
(b) If the governing body of a city or county repeals an
ordinance under this Section, the governing body must provide
the text of the ordinance to the Department, in a form and
manner prescribed by the Department, if the ordinance concerns
premises for which a license has been issued under this Act.
Section 265. Duty of Illinois Liquor Control Commission to
assist. The Illinois Liquor Control Commission shall assist
and cooperate with the Department and the Department of
Agriculture to the extent necessary for the Department and the
Department of Agriculture to carry out the duties of the
Department and the Department of Agriculture under this Act.
Section 270. Department of Agriculture to assist.
(a) The Department of Agriculture shall assist and
cooperate with the Department to the extent necessary for the
Department to carry out the duties of the Department under
this Act.
(b) The Department of Agriculture may possess, test, and
dispose of psilocybin products.
Section 275. Prohibition against refusing to perform
certain duties.
(a) The Department, the Department of Agriculture, and the
Illinois Liquor Control Commission may not refuse to perform

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any duty under this Act on the basis that manufacturing,
distributing, dispensing, possessing, or using psilocybin
products is prohibited by federal law.
(b) The Department may not revoke, refuse to issue, or
renew a license or permit under this Act on the basis that
manufacturing, distributing, dispensing, possessing, or using
psilocybin products is prohibited by federal law.
Section 280. Immunity for State agencies, officers, and
employees in performance of duties. A person may not sue the
Department, the Department of Agriculture, the Illinois Liquor
Control Commission, a member of the Illinois Liquor Control
Commission, or any employee of the Department, Department of
Agriculture, or Illinois Liquor Control Commission for
performing or omitting to perform any duty, function, or power
of the Department, the Department of Agriculture, or the
Illinois Liquor Control Commission set forth in this Act or in
any other law of this State requiring the Department, the
Department of Agriculture, or the Illinois Liquor Control
Commission to perform a duty, function, or power related to
psilocybin products.
Section 285. Authority to purchase, possess, seize, or
dispose of psilocybin products. Subject to any applicable
provision of Illinois law, any State officer, board,
commission, corporation, institution, department, or other

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State body, and any local officer, board, commission,
institution, department, or other local government body, that
is authorized by the laws of this State to perform a duty,
function, or power with respect to a psilocybin product may
purchase, possess, seize, or dispose of the psilocybin product
as the State officer, board, commission, corporation,
institution, department, or other State body or the local
officer, board, commission, institution, department, or other
local government body considers necessary to ensure compliance
with and enforce the applicable State law or any rule adopted
under the applicable State law.
Section 290. Suspension of a license or permit without
notice. In the case of an invasion, disaster, insurrection,
riot, or imminent danger of invasion, disaster, insurrection,
or riot, the Governor may, for the duration of the invasion,
disaster, insurrection, riot, or imminent danger, immediately
and without notice, suspend, in the area involved, any license
or permit issued under this Act.
Section 295. Psilocybin-producing fungi as a crop.
(a) In this Section, "psilocybin-producing fungi" means:
(1) A crop for the purposes of farm use.
(2) A crop for purposes of a farm or farming practice.
(3) A product of farm use.
(4) The product of an agricultural activity.

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(b) Notwithstanding the provisions of any law to the
contrary, the following are not permitted uses on land
designated for exclusive farm use:
(1) A new dwelling used in conjunction with a
psilocybin-producing fungi crop.
(2) A farm stand used in conjunction with a
psilocybin-producing fungi crop.
(c) The operation of a service center may be carried on in
conjunction with a psilocybin-producing fungi crop.
(d) A county may allow the manufacture of psilocybin
products as a farm use on land zoned for farm or forest use in
the same manner as the manufacture of psilocybin products is
allowed in exclusive farm use zones under this Section or any
other applicable State law.
(e) This Section applies to psilocybin product
manufacturers that hold a license under Section 85.
Section 300. Regulation of psilocybin products as food or
other commodity.
(a) Notwithstanding the authority granted to the
Department of Agriculture under the provisions of any law to
the contrary, the Department of Agriculture may not exercise
authority over a psilocybin product or a licensee except as
provided in this Act.
(b) In exercising its authority under this Act, the
Department of Agriculture may not:

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(1) establish standards for psilocybin products as a
food additive; or
(2) consider psilocybin products to be an adulterant
unless the concentration of a psilocybin product exceeds
acceptable levels established by the Department by rule.
Section 305. Enforceability of contracts. A contract is
not unenforceable on the basis that manufacturing,
distributing, dispensing, possessing, or using psilocybin
products is prohibited by federal law.
Section 310. Department hotline for verification of
license. The Department shall maintain a telephone hotline for
the following persons to inquire if an address is the location
of premises for which a license has been issued under this Act
or is the location of premises for which an application for
licensure has been submitted under Section 50:
(1) A person designated by a city or a county.
(2) A person designated by the Office of Water
Resources of the Department of Natural Resources.
(3) A person designated by the board of trustees of
any public water district.
Section 315. Information related to licensure that is
exempt from disclosure.
(a) Subject to subsection (b), information is exempt from

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public disclosure under the Freedom of Information Act if the
information is any of the following:
(1) Personally identifiable information.
(2) The address of premises for which a license has
been issued or for which an applicant has proposed
licensure under Section 85, 100, or 325.
(3) Related to the security plan or the operational
plan for premises for which a license has been issued or
for which an applicant has proposed licensure under
Section 85, 100, or 325.
(4) Related to any record that the Department
determines contains proprietary information of a licensee.
(b) The exemption from public disclosure as provided by
this Section does not apply to the following:
(1) The name of an individual listed on an application
if the individual is a direct owner of the business
operating or to be operated under the license.
(2) A request for information if the request is made
by a law enforcement agency.
(c) For purposes of paragraph (1) of subsection (b), an
individual is not a direct owner of the business operating or
to be operated under the license if the individual is either of
the following:
(1) The direct owner of the business operating or to
be operated under the license is a legal entity.
(2) Merely a general partner, limited partner, member,

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shareholder, or other direct or indirect owner of the
legal entity.
Section 320. Testing standards and processes; rules.
(a) As is necessary to protect the public health and
safety, and in consultation with the Illinois Liquor Control
Commission and the Department of Agriculture, the Department
shall adopt rules that achieve the following:
(1) Establish standards for testing psilocybin
products.
(2) Identify appropriate tests for psilocybin
products, depending on the type of psilocybin product and
the manner in which the psilocybin product was
manufactured, that are necessary to protect the public
health and safety, which may include, but are not limited
to, tests for the following:
(A) Microbiological contaminants.
(B) Pesticides.
(C) Other contaminants.
(D) Solvents or residual solvents.
(E) Psilocybin concentration.
(F) Psilocin concentration.
(G) Total tryptamine concentration
(3) Establish procedures for determining batch sizes
and for sampling psilocybin products.
(4) Establish different minimum standards for

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different varieties of psilocybin products.
(b) In addition to the testing requirements established
under subsection (a), the Department may require psilocybin
products to be tested in accordance with any applicable law of
this State, or any applicable rule adopted under a law of this
State, related to the production and processing of food
products or commodities.
(c) In adopting rules under this Act, the Department may
require a psilocybin product manufacturer that holds a license
under Section 85 to test psilocybin products before selling or
transferring the psilocybin products.
(d) The Department may conduct random testing of
psilocybin products for the purpose of determining whether a
licensee subject to testing under subsection (c) is in
compliance with this Section.
(e) In adopting rules to implement this Section, the
Department may not require a psilocybin product to undergo the
same test more than once unless the psilocybin product is
processed into a different type of psilocybin product or the
condition of the psilocybin product has fundamentally changed.
(f) The testing of psilocybin products as required by this
Section must be conducted by a laboratory licensed by the
Department under Section 325 and accredited by the Department
under Section 340.
(g) In adopting rules under subsection (a), the Department
shall consider the cost of a potential testing procedure and

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how that cost will affect the cost to the ultimate client and
may not adopt rules that are more restrictive than is
reasonably necessary to protect the public health and safety.
Section 325. Laboratory licensure; qualifications; fees;
rules.
(a) A laboratory that conducts testing of psilocybin
products as required by Section 320 must have a license to
operate at the premises at which the psilocybin products are
tested.
(b) For purposes of this Section, the Department shall
adopt rules establishing the following:
(1) Qualifications to be licensed under this Section,
including that an applicant for licensure under this
Section must be accredited by the Department as described
in Section 340.
(2) Processes for applying for and renewing a license
under this Section.
(3) Fees for applying for, receiving, and renewing a
license under this Section.
(4) Procedures for the following:
(A) Tracking psilocybin products to be tested.
(B) Documenting and reporting test results.
(C) Disposing of samples of psilocybin products
that have been tested.
(c) A license issued under this Section must be renewed

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annually.
(d) The Department may inspect premises licensed under
this Section to ensure compliance with Sections 320 through
360 and rules adopted under those Sections.
(e) Subject to applicable provisions of Illinois law, the
Department may refuse to issue or renew, or may suspend or
revoke, a license issued under this Section for violation of a
provision of this Act or a rule adopted under a provision of
this Act.
(f) Fees adopted under paragraph (3) of subsection (b)
must be reasonably calculated to pay the expenses incurred by
the Department under this Act.
(g) Fees collected under this Section shall be deposited
into the Psilocybin Control and Regulation Fund established
under Section 205 and are continuously appropriated to the
Department for the purpose of carrying out the duties,
functions, and powers of the Department under this Act.
Section 330. Authority to require fingerprints of
applicants and other individuals. For the purpose of
requesting a State or nationwide criminal records check under
this Act, the Department may require the fingerprints of any
individual listed on an application submitted under Section
325. The powers conferred on the Department under this Section
include the power to require the fingerprints of the following
persons:

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(1) If the applicant is a limited partnership, each
general partner of the limited partnership.
(2) If the applicant is a manager-managed limited
liability company, each manager of the limited liability
company.
(3) If the applicant is a member-managed limited
liability company, each voting member of the limited
liability company.
(4) If the applicant is a corporation, each director
and officer of the corporation.
(5) Any individual who holds a financial interest of
10% or more in the person applying for the license.
Section 335. Statement of applicant for laboratory
licensure. The Department may require a licensee or applicant
for a license under Section 325 to submit, in a form and manner
prescribed by the Department, to the Department a sworn
statement showing the following:
(1) The name and address of each person who has a
financial interest in the business operating or to be
operated under the license.
(2) The nature and extent of the financial interest of
each person who has a financial interest in the business
operating or to be operated under the license.
(3) The Department may refuse to issue, or may
suspend, revoke, or refuse to renew, a license issued

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under Section 325 if the Department determines that a
person who has a financial interest in the business
operating or to be operated under the license committed or
failed to commit an act that would constitute grounds for
the Department to refuse to issue, or to suspend, revoke
or refuse to renew, the license if the person were the
licensee or applicant for the license.
Section 340. Laboratory accreditation.
(a) A laboratory that conducts testing of a psilocybin
product as required by Section 325 must be accredited and meet
other qualifications as established by the Department under
this Section.
(b) In addition to other qualifications required pursuant
to applicable law, the Department shall require an applicant
for accreditation for purposes related to the testing of
psilocybin products to the following:
(1) Complete an application.
(2) Undergo an onsite inspection.
(3) Meet other applicable requirements,
specifications, and guidelines for testing psilocybin
products, as determined to be appropriate by the
Department by rule.
(c) The Department may inspect premises licensed under
Section 325 to ensure compliance with Sections 320 through 360
and rules adopted under those Sections.

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(d) Subject to applicable provisions of Illinois law, the
Department may refuse to issue or renew, or may suspend or
revoke, a laboratory's accreditation granted under this
Section for violation of a provision of this Act or a rule
adopted under this Act.
(e) In establishing fees under this Section for
laboratories that test psilocybin products, the Department
shall establish fees that are reasonably calculated to pay the
expenses incurred by the Department under this Section in
accrediting laboratories that test psilocybin products.
Section 345. Authority to discipline licensees. Subject to
applicable provisions of Illinois law, if an applicant or
licensee violates a provision of Sections 320 through 360 or a
rule adopted under those Sections, the Department may refuse
to issue or renew, or may suspend or revoke, a license issued
under Section 85, 100, 115, or 325.
Section 350. Authority of the Department over certain
persons; license actions.
(a) Notwithstanding the lapse, suspension, or revocation
of a license issued under Section 325, the Department may do
either of the following:
(1) Proceed with any investigation of, or any action
or disciplinary proceeding against, the person who held
the license.

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(2) Revise or render void an order suspending or
revoking the license.
(b) In cases involving the proposed denial of a license
applied for under this Act, the applicant for licensure may
not withdraw the applicant's application.
Section 355. Civil penalty for certain violations.
(a) In addition to any other liability or penalty provided
by law, the Department may impose for each violation of a
provision of Sections 320 through 360 or a rule adopted under
those Sections a civil penalty that does not exceed $500 for
each day that the violation occurs.
(b) The Department shall impose civil penalties under this
Section in the manner provided by applicable Illinois law.
(c) Moneys collected under this Section shall be deposited
into the Psilocybin Control and Regulation Fund established
under Section 205 and are continuously appropriated to the
Department for the purpose of carrying out the duties,
functions, and powers of the Department under this Act.
Section 360. Exemption from criminal liability. A person
who holds a license under Section 325, and an employee of or
other person who performs work for a person who holds a license
under Section 325, is exempt from the criminal laws of this
State for possession, delivery, or manufacture of psilocybin,
aiding and abetting another in the possession, delivery, or

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manufacture of psilocybin, or any other criminal offense in
which possession, delivery, or manufacture of psilocybin is an
element, while performing activities related to testing as
described in Sections 320 through 360.
Section 365. Labeling requirements; rules.
(a) As is necessary to protect the public health and
safety, and in consultation with the Department of Agriculture
and the Illinois Liquor Control Commission, the Department
shall adopt rules establishing standards for the labeling of
psilocybin products, including, but not limited to, the
following:
(1) Ensuring that psilocybin products have labeling
that communicates the following:
(A) Health and safety warnings.
(B) If applicable, activation time.
(C) Potency.
(D) If applicable, serving size and the number of
servings included in a psilocybin product.
(E) Content of the psilocybin product.
(2) Labeling that is in accordance with applicable
State food labeling requirements for the same type of food
product or potable liquid when the food product or potable
liquid does not contain psilocybin.
(b) In adopting rules under this Act, the Department shall
require all psilocybin products sold or transferred by a

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service center that holds a license issued under Section 100
to be labeled in accordance with subsection (a) and rules
adopted under subsection (a).
(c) In adopting rules under subsection (a), the
Department:
(1) may establish different labeling standards for
different varieties and types of psilocybin products;
(2) shall consider the cost of a potential requirement
and how that cost will affect the cost to the ultimate
client; and
(3) may not adopt rules that are more restrictive than
is reasonably necessary to protect the public health and
safety.
Section 370. Preapproval of labels.
(a) The Department may by rule require a licensee to
submit a label intended for use on a psilocybin product for
preapproval by the Department before the licensee may sell or
transfer a psilocybin product bearing the label. The
Department shall determine whether a label submitted under
this Section complies with Section 365 and any rule adopted
under Section 365.
(b) The Department may impose a fee for submitting a label
for preapproval under this Section that is reasonably
calculated to not exceed the cost of administering this
Section.

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Section 375. Packaging requirements; rules.
(a) As is necessary to protect the public health and
safety, and in consultation with the Department of Agriculture
and the Illinois Liquor Control Commission, the Department
shall adopt rules establishing standards for the packaging of
psilocybin products, including, but not limited to, ensuring
that psilocybin products are not marketed in a manner that is
either untruthful or misleading, or otherwise creates a
significant risk of harm to public health and safety.
(b) In adopting rules under this Act, the Department shall
require all psilocybin products sold or transferred by a
service center that holds a license issued under Section 100
to be packaged in accordance with subsection (a) and rules
adopted under subsection (a).
(c) In adopting rules under subsection (a), the
Department:
(1) may establish different packaging standards for
different varieties and types of psilocybin products;
(2) may consider the effect on the environment of
requiring certain packaging;
(3) shall consider the cost of a potential requirement
and how that cost will affect the cost to the ultimate
client; and
(4) may not adopt rules that are more restrictive than
is reasonably necessary to protect the public health and

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safety.
Section 380. Preapproval of packaging.
(a) The Department may by rule require a licensee to
submit packaging intended for a psilocybin product for
preapproval by the Department before the licensee may sell or
transfer a psilocybin product packaged in the packaging. The
Department shall determine whether packaging submitted under
this Section complies with Section 375 and any rule adopted
under Section 375.
(b) The Department may impose a fee for submitting
packaging for preapproval under this Section that is
reasonably calculated to not exceed the cost of administering
this Section.
Section 385. Dosage requirements; rules.
(a) The Department shall adopt rules establishing the
following:
(1) The maximum concentration of psilocybin that is
permitted in a single serving of a psilocybin product.
(2) The number of servings that are permitted in a
psilocybin product package.
(b) In adopting rules under this Act, the Department shall
require all psilocybin products sold or transferred by a
service center that holds a license under Section 100 to meet
the concentration standards and packaging standards adopted by

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rule pursuant to this Section.
Section 390. Inspections. To ensure compliance with
Sections 365 through 400 and any rule adopted under those
Sections, the Department may inspect the premises of a person
that holds a license under Section 85 or 100.
Section 395. Discipline of licensees. Subject to
applicable provisions of law, if an applicant or licensee
violates a provision of Sections 365 through 400 or a rule
adopted under those Sections, the Department may refuse to
issue or renew, or may suspend or revoke, a license issued
under Section 85, 100, or 115.
Section 400. Civil penalties.
(a) In addition to any other liability or penalty provided
by law, the Department may impose for each violation of a
provision of Sections 365 through 400 or a rule adopted under
those Sections, a civil penalty that does not exceed $500 for
each day that the violation occurs.
(b) The Department shall impose civil penalties under this
Section in the manner provided under applicable Illinois law.
(c) Moneys collected under this Section shall be deposited
into the Psilocybin Control and Regulation Fund established
under Section 205 and are continuously appropriated to the
Department for the purpose of carrying out the duties,

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functions, and powers of the Department under this Act.
Section 405. Definitions. In this Section through Section
475:
"Retail sale" means any transfer, exchange, gift, or
barter of a psilocybin product by any person to a client.
"Retail sales price" means the price paid for a psilocybin
product, excluding tax, to a service center operator by or on
behalf of a client.
Section 410. Tax on retail sale of psilocybin products.
(a) A tax is hereby imposed upon the retail sale of
psilocybin products in this State. The tax imposed by this
Section is a direct tax on the client for which payment upon
retail sale is required. The tax shall be collected at the
point of sale of a psilocybin product by a service center
operator at the time at which the retail sale occurs.
(b) The tax imposed under this Section shall be imposed at
the rate of 15% of the retail sales price of psilocybin
products.
(c) If the tax imposed under this Section does not equal an
amount calculable to a whole cent, the tax shall be equal to
the next higher whole cent.
(d) Except as otherwise provided by the Department of
Revenue by rule, the amount of the tax shall be separately
stated on an invoice, receipt, or other similar document that

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the service center operator provides to the client at the time
at which the retail sale occurs.
(e) A person may not knowingly sell, purchase, install,
transfer, or possess electronic devices or software programs
for the purposes of the following:
(1) Hiding or removing records of retail sales of
psilocybin products.
(2) Falsifying records of retail sales of psilocybin
products.
(f) A service center operator may not discount a
psilocybin product or offer a psilocybin product for free if
the retail sale of the psilocybin product is made in
conjunction with the retail sale of any other item or service.
(g) Subsection (f) does not affect any provision of this
Act or any rule adopted by the Department pursuant to this Act
that is related to the retail sale of psilocybin products.
(h) The Department shall regularly review the rate of tax
under subsection (b) and make recommendations to the General
Assembly regarding appropriate adjustments to the rate that
will further the following purposes:
(1) Providing the Department with moneys sufficient to
administer and enforce this Act.
(2) Not providing the Department with moneys that
exceed, together with fees collected under this Act, the
cost of administering and enforcing this Act.

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Section 415. Collection of tax.
(a) Except as otherwise provided in Sections 405 through
475, the tax imposed upon a client under Section 410 shall be
collected at the point of sale and remitted by each service
center operator that engages in the retail sale of psilocybin
products. The tax is considered a tax upon the service center
operator that is required to collect the tax and the service
center operator is considered a taxpayer.
(b) The service center operator shall file a return to the
Department of Revenue on or before the last day of January,
April, July, and October of each year for the previous
calendar quarter.
(c) The service center operator shall pay the tax to the
Department of Revenue in the form and manner prescribed by the
Department of Revenue, but not later than with each quarterly
return, without regard to an extension granted under
subsection (e).
(d) Service center operators shall file the returns
required under this Section regardless of whether any tax is
owed.
(e) For good cause, the Department of Revenue may extend
the time for filing a return under this Section. The extension
may be granted at any time if a written request is filed with
the Department of Revenue during or prior to the period for
which the extension may be granted. The Department of Revenue
may not grant an extension of more than 30 days.

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(f) Interest shall be added at a rate established by the
Department of Revenue from the time the return was originally
required to be filed to the time of payment.
(g) If a service center operator fails to file a return or
pay the tax as required by this Section, the Department of
Revenue shall impose a penalty in the manner provided under
applicable Illinois law.
(h) Except as provided in subsections (i) and (j), the
period prescribed for the Department of Revenue to allow or
make a refund of any overpayment of tax paid under Sections 405
through 475 is as provided under applicable Illinois law.
(i) The Department of Revenue shall first apply any
overpayment of tax by a service center operator to any
psilocybin tax that is owed by the service center operator.
If after any offset against any delinquent amount the
overpayment of tax remains greater than $1,000, the remaining
refund shall be applied as a credit against the next
subsequent calendar quarter as an estimated payment.
(j) The Department of Revenue may not make a refund of or
credit any overpayment of tax under Sections 405 through 475
that was credited to the account of a service center operator
under subsection (i) if the return for that tax period is not
filed within 3 years after the due date of that return.
Section 420. Psilocybin revenue estimate.
(a) Not later than 30 days before the beginning of each

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calendar quarter, the Department of Revenue shall forecast and
prepare an estimate of the revenue that will be received
during the remainder of the current biennium and subsequent 3
biennia pursuant to the tax imposed under Section 410. The
estimate may be made on the basis of all pertinent information
available to the Department of Revenue. Upon making the
estimate, the Department of Revenue shall report the estimate
to the Commission on Government Forecasting and Accountability
and the Comptroller.
(b) The Department shall provide the Department of Revenue
with any information necessary for the Department of Revenue
to perform its duties under this Section.
Section 425. Enforcement.
(a) Every person who collects any amount under Section 415
shall hold the same in trust for the State of Illinois and for
the payment thereof to the Department of Revenue in the manner
and at the time provided in Section 415.
(b) If a service center operator fails to remit any amount
collected, the Department of Revenue may enforce collection in
the manner provided in Article 11 of the Illinois Income Tax
Act.
(c) In the case of a service center operator that is
assessed pursuant to relevant provisions of Illinois law, the
Department of Revenue may issue a notice of liability to any
officer, employee, or member of the service center operator

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within 3 years after the time of assessment. Within 30 days
after the date the notice of liability is mailed to the
officer, employee, or member, the officer, employee, or member
shall pay the assessment, plus penalties and interest, or
advise the Department of Revenue in writing of objections to
the liability and, if desired, request a conference. A
conference shall be governed by the provisions of Illinois law
pertaining to a conference requested from a notice of
deficiency.
After a conference or, if no conference is requested, a
determination of the issues considering the written
objections, the Department of Revenue shall mail the officer,
employee, or member a conference letter affirming, canceling,
or adjusting the notice of liability. Within 90 days after the
date the conference letter is mailed to the officer, employee,
or member, the officer, employee, or member shall pay the
assessment, plus penalties and interest, or appeal to the tax
court in the manner provided for an appeal from a notice of
assessment.
If the Department of Revenue does not receive payment or
written objection to the notice of liability within 30 days
after the notice of liability was mailed, the notice of
liability becomes final. In that event, the officer, employee
or member may appeal the notice of liability to the tax court
within 90 days after it became final in the manner provided for
an appeal from a notice of assessment.

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(d) In the case of a failure to file a return by the due
date, the Department of Revenue, in addition to any action
under State law, may send a notice of determination and
assessment to any officer, employee, or member any time within
3 years after the assessment. The time of assessment against
the officer, employee, or member is 30 days after the date the
notice of determination and assessment is mailed. Within 30
days after the date the notice of determination and assessment
is mailed to the officer, employee, or member, the officer,
employee, or member shall pay the assessment, plus penalties
and interest, or advise the Department of Revenue in writing
of objections to the assessment and, if desired, request a
conference. A conference shall be governed by the provisions
of Illinois law pertaining to a conference requested from a
notice of deficiency.
After a conference or, if no conference is requested, a
determination of the issues considering the written
objections, the Department of Revenue shall mail the officer,
employee, or member a conference letter affirming, canceling,
or adjusting the notice of determination and assessment.
Within 90 days after the date the conference letter is mailed
to the officer, employee, or member, the officer, employee, or
member shall pay the assessment, plus penalties and interest,
or appeal in the manner provided for an appeal from a notice of
assessment.
If the Department of Revenue does not receive payment or

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written objection to the notice of determination and
assessment within 30 days after the notice of determination
and assessment was mailed, the notice of determination and
assessment becomes final. In that event, the officer,
employee, or member may appeal the notice of determination and
assessment to the tax court within 90 days after it became
final in the manner provided for an appeal from a notice of
assessment.
(e) More than one officer or employee of a corporation may
be held jointly and severally liable for payment of taxes.
Notwithstanding the confidentiality provisions of Section
465, if more than one officer or employee of a corporation may
be held jointly and severally liable for payment of taxes, the
Department of Revenue may require any or all of the officers,
members, or employees who may be held liable to appear before
the Department of Revenue for a joint determination of
liability. The Department of Revenue shall notify each
officer, member, or employee of the time and place set for the
determination of liability.
Each person notified of a joint determination under this
subsection shall appear and present such information as is
necessary to establish that person's liability or nonliability
for payment of taxes to the Department of Revenue. If a person
who was notified fails to appear, the Department of Revenue
shall make its determination on the basis of all the
information and evidence presented. The Department of

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Revenue's determination is binding on all persons notified and
required to appear under this subsection.
If an appeal is taken to the Illinois Independent Tax
Tribunal pursuant to Section 465 by any person determined to
be liable for unpaid taxes under this subsection, each person
required to appear before the Department of Revenue under this
subsection shall be impleaded by the plaintiff. The Department
of Revenue may implead any officer, employee, or member who
may be held jointly and severally liable for the payment of
taxes. Each person impleaded under this paragraph shall be
made a party to the action before the Illinois Independent Tax
Tribunal and shall make available to the Illinois Independent
Tax Tribunal the information that was presented before the
Department of Revenue, as well as other information that may
be presented to the Illinois Independent Tax Tribunal. The
Illinois Independent Tax Tribunal may determine that one or
more persons impleaded under this paragraph are liable for
unpaid taxes without regard to any earlier determination by
the Department of Revenue that an impleaded person was not
liable for unpaid taxes. If a person required to appear before
the Illinois Independent Tax Tribunal under this subsection
fails or refuses to appear or bring such information in part or
in whole, or is outside the jurisdiction of the Illinois
Independent Tax Tribunal, the Illinois Independent Tax
Tribunal shall make its determination on the basis of all the
evidence introduced. Notwithstanding Section 465, the evidence

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constitutes a public record and shall be available to the
parties and the Illinois Independent Tax Tribunal. The
determination of the Illinois Independent Tax Tribunal is
binding on all persons made parties to the action under this
subsection.
(f) This Section may not be construed to preclude a
determination by the Department of Revenue or the Illinois
Independent Tax Tribunal that more than one officer, employee,
or member are jointly and severally liable for unpaid taxes.
Section 430. Duty to keep receipts, invoices, and other
records.
(a) A service center operator shall keep receipts,
invoices, and other pertinent records related to retail sales
of psilocybin products in the form required by the Department
of Revenue. Each record shall be preserved for 5 years after
the time to which the record relates or for as long as the
service center operator retains the psilocybin products to
which the record relates, whichever is later. During the
retention period and at any time prior to the destruction of
records, the Department of Revenue may give written notice to
the service center operator not to destroy records described
in the notice without written permission of the Department of
Revenue. Notwithstanding any other provision of law, the
Department of Revenue shall preserve reports and returns filed
with the Department of Revenue for at least 5 years.

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(b) The Department of Revenue or its authorized
representative, upon oral or written demand, may make
examinations of the books, papers, records, and equipment of
persons making retail sales of psilocybin products and any
other investigations as the Department of Revenue deems
necessary to carry out the provisions of Sections 405 through
475.
Section 435. Authority to require production of books,
papers, accounts, and other information.
(a) The Department of Revenue has the authority, by order
or subpoena to be served with the same force and effect and in
the same manner as a subpoena is served in a civil action in
the circuit court or the Illinois Independent Tax Tribunal, to
require the production at any time and place the Department of
Revenue designates of any books, papers, accounts, or other
information necessary to carry out Sections 405 through 475.
The Department of Revenue may require the attendance of any
person having knowledge in the premises and may take testimony
and require proof material for the information with power to
administer oaths to the person.
(b) If a person fails to comply with a subpoena or order of
the Department of Revenue or to produce or permit the
examination or inspection of any books, papers, records, and
equipment pertinent to an investigation or inquiry under
Sections 405 through 475, or to testify to any matter

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regarding which the person is lawfully interrogated, the
Department of Revenue may apply to the Illinois Independent
Tax Tribunal or to the circuit court of the county in which the
person resides or where the person is for an order to the
person to attend and testify or otherwise to comply with the
demand or request of the Department of Revenue. The Department
of Revenue shall apply to the court by ex parte motion, upon
which the court shall make an order requiring the person
against whom the motion is directed to comply with the request
or demand of the Department of Revenue within 10 days after the
service of the order, or within the additional time granted by
the court, or to justify the failure within that time. The
order shall be served upon the person to whom it is directed in
the manner required by this State for service of process,
which service is required to confer jurisdiction upon the
court. Failure to obey any order issued by the court under this
Section is contempt of court. The remedy provided by this
Section is in addition to other remedies, civil or criminal,
existing under the tax laws or other laws of this State.
Section 440. Disclosure of information.
(a) Notwithstanding the confidentiality provisions of
Section 465, the Department of Revenue may disclose
information received under applicable Illinois law and
Sections 405 through 475 to the Department to carry out the
provisions of this Act.

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(b) The Department may disclose information obtained
pursuant to this Act to the Department of Revenue for the
purpose of carrying out the provisions of this Act.
Section 445. Right to appeal determination of tax
liability. Except as otherwise provided in this Act, a person
aggrieved by an act or determination of the Department of
Revenue or its authorized agent under applicable Illinois law
and Sections 405 through 475 may appeal, within 90 days after
the act or determination, to the Illinois Independent Tax
Tribunal in the manner provided under applicable Illinois law.
These appeal rights are the exclusive remedy available to
determine the person's liability for the tax imposed under
Sections 405 through 475.
Section 450. Duty to return excess tax collected.
(a) When an amount represented by a service center
operator at retail to a client as constituting the tax imposed
under Sections 405 through 475 of this Act is computed upon an
amount that is not taxable or is in excess of the taxable
amount and is actually paid by the client to the service center
operator, the excess tax paid shall be returned by the service
center operator to the client upon written notification by the
Department of Revenue or the client.
The written notification must contain information
necessary to determine the validity of the client's claim.

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(b) If the service center operator does not return the
excess tax within 60 days after mailing of the written
notification required under subsection (a), the client may
appeal to the Department of Revenue for a refund of the amount
of the excess tax in the manner and within the time allowed
under rules adopted by the Department of Revenue.
(c) If excess tax is returned to the client by the
Department of Revenue, the Department of Revenue may issue a
notice of deficiency for the excess tax to the service center
operator in the manner provided under applicable Illinois law.
Section 455. Retention of portions of tax to pay for
expenses incurred. For the purpose of compensating service
center operators for expenses incurred in collecting the tax
imposed under Section 410, each service center operator is
permitted to deduct and retain 2% of the amount of taxes that
are collected by the service center operator from all retail
sales of psilocybin products conducted by the service center
operator.
Section 460. Duties and powers of the Department of
Revenue.
(a) The Department of Revenue shall administer and enforce
Sections 405 through 475. The Department of Revenue is
authorized to establish rules and procedures for the
implementation and enforcement of Sections 405 through 475

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that are consistent with Sections 405 through 475 and that the
Department of Revenue considers necessary and appropriate to
administer and enforce Sections 405 through 475.
(b) The Department shall enter into an agreement with the
Department of Revenue for the purpose of administering and
enforcing those provisions of Sections 405 through 475, and
rules or procedures established for the purpose of
implementing and enforcing Sections 405 through 475, that the
Department and the Department of Revenue determine are
necessary for the effective and efficient administration,
implementation, and enforcement of Sections 405 through 475.
Section 465. Applicability of tax laws. Except as
otherwise provided in Sections 405 through 475 or where the
context requires otherwise, the provisions of applicable
Illinois law as to the audit and examination of returns,
periods of limitation, determination of and notices of
deficiencies, assessments, collections, liens, delinquencies,
claims for refund and refunds, conferences, appeals to the
Illinois Independent Tax Tribunal or the Department of
Revenue, stays of collection pending appeal, confidentiality
of returns and the penalties relative thereto, and the
procedures relating thereto, apply to the determinations of
taxes, penalties, and interest under Sections 405 through 475.
Section 470. Illinois Psilocybin Fund. The Illinois

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Psilocybin Fund is created as a special fund in the State
treasury. The Fund shall consist of moneys transferred to the
Fund under Section 475. The Department of Revenue shall
certify quarterly the amount of moneys available in the
Illinois Psilocybin Fund. The Department of Revenue shall
transfer quarterly the moneys in the Illinois Psilocybin Fund
to the Psilocybin Control and Regulation Fund.
Section 475. Illinois Psilocybin Fund; payment of
expenses. All moneys received by the Department of Revenue
under Sections 405 through this Section shall be deposited
into the Illinois Psilocybin Fund. The Department of Revenue
may pay expenses for the administration and enforcement of
Sections 405 through this Section out of moneys received from
the tax imposed under Section 410. Amounts necessary to pay
administrative and enforcement expenses are continuously
appropriated to the Department of Revenue from the Illinois
Psilocybin Fund.
Section 480. Adoption of ordinances.
(a) The governing body of a city or county may adopt
ordinances to be referred to the electors of the city or county
as described in subsection (b) that prohibit or allow the
establishment of any one or more of the following in the area
subject to the jurisdiction of the city or in the
unincorporated area subject to the jurisdiction of the county:

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(1) Psilocybin product manufacturers that hold a
license issued under Section 85.
(2) Service center operators that hold a license
issued under 100.
(3) Any combination of the entities described in
paragraphs (1) and (2).
(b) If the governing body of a city or county adopts an
ordinance under this Section, the governing body shall submit
the measure of the ordinance to the electors of the city or
county for approval at the next statewide general election.
(c) If the governing body of a city or county adopts an
ordinance under this Section, the governing body must provide
the text of the ordinance to the Department.
(d) Upon receiving notice of a prohibition under
subsection (c), the Department shall discontinue licensing
those premises to which the prohibition applies until the date
of the next statewide general election.
(e) If an allowance is approved at the next statewide
general election under subsection (b), the Department shall
begin licensing the premises to which the allowance applies on
the first business day of the January immediately following
the date of the next statewide general election.
(f) Notwithstanding any other provision of law, a city or
county that adopts an ordinance under this Section that
prohibits the establishment of an entity described in
subsection (a) may not impose a tax or fee on the manufacturing

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or sale of psilocybin products.
Section 485. Incorporation by reference. All of the
provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the
Retailers' Occupation Tax Act, and all applicable provisions
of the Uniform Penalty and Interest Act that are not
inconsistent with this Act, apply to clients, legal entities,
licensees, licensee representatives, psilocybin product
manufacturers, service centers, service center operators, and
facilitators to the same extent as if those provisions were
included in this Act. References in the incorporated Sections
of the Retailers' Occupation Tax Act to retailers, to sellers,
or to persons engaged in the business of selling tangible
personal property mean distributors when used in this Act.
References in the incorporated Sections to sales of tangible
personal property mean sales of tobacco products when used in
this Act.
Section 490. Registration under the Retailers' Occupation
Tax Act. A retailer maintaining a place of business in this
State, if required to register under the Retailers' Occupation
Tax Act, need not obtain an additional Certificate of
Registration under this Act, but shall be deemed to be
sufficiently registered by virtue of his being registered
under the Retailers' Occupation Tax Act. Every retailer

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maintaining a place of business in this State, if not required
to register under the Retailers' Occupation Tax Act, shall
apply to the Department of Revenue (upon a form prescribed and
furnished by the Department of Revenue) for a Certificate of
Registration under this Act. In completing such application,
the applicant shall furnish such information as the Department
of Revenue may reasonably require. Upon approval of an
application for Certificate of Registration, the Department of
Revenue shall issue, without charge, a Certificate of
Registration to the applicant. Such Certificate of
Registration shall be displayed at the address which the
applicant states in his or her application to be the principal
place of business or location from which he or she will act as
a retailer in this State. If the applicant will act as a
retailer in this State from other places of business or
locations, he shall list the addresses of such additional
places of business or locations in this application for
Certificate of Registration, and the Department of Revenue
shall issue a Sub-Certificate of Registration to the applicant
for each such additional place of business or location. Each
Sub-Certificate of Registration shall be conspicuously
displayed at the place for which it is issued. Such
Sub-Certificate of Registration shall bear the same
registration number as that appearing upon the Certificate of
Registration to which such Sub-Certificates relate. Where a
retailer operates more than one place of business which is

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subject to registration under this Section and such businesses
are substantially different in character or are engaged in
under different trade names or are engaged in under other
substantially dissimilar circumstances (so that it is more
practicable, from an accounting, auditing, or bookkeeping
standpoint, for such businesses to be separately registered),
the Department of Revenue may require or permit such person to
apply for and obtain a separate Certificate of Registration
for each such business or for any of such businesses instead of
registering such person, as to all such businesses, under a
single Certificate of Registration supplemented by related
Sub-Certificates of Registration. No Certificate of
Registration shall be issued to any person who is in default to
the State of Illinois for moneys due hereunder.
The Department of Revenue may, in its discretion, upon
application, authorize the collection of the tax herein
imposed by any retailer not maintaining a place of business
within this State, who, to the satisfaction of the Department
of Revenue, furnishes adequate security to insure collection
and payment of the tax. Such retailer shall be issued, without
charge, a permit to collect such tax. When so authorized, it
shall be the duty of such retailer to collect the tax upon all
tangible personal property sold to his knowledge for use
within this State, in the same manner and subject to the same
requirements, including the furnishing of a receipt to the
purchaser (if demanded by the purchaser), as a retailer

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maintaining a place of business within this State. The receipt
given to the purchaser shall be sufficient to relieve him or
her from further liability for the tax to which such receipt
may refer. Such permit may be revoked by the Department as
provided herein.
Section 497. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 500. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
(Text of Section before amendment by P.A. 102-933)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:
Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.

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Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order

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of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner

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has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.

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(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The

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petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a

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civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(2.6) Commencing 180 days after the effective date
of this amendatory Act of the 103rd General Assembly, the
law enforcement agency issuing the citation shall
automatically expunge, on or before January 1 and July 1
of each year, the law enforcement records of a person
found to have committed a violation of subsection (e) of

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Section 401 of the Illinois Controlled Substances Act by
possessing psilocybin and psilocin or of subsection (a) of
Section 3.5 of the Drug Paraphernalia Control Act by
possessing paraphernalia used in relation to psilocybin
and psilocin in the law enforcement agency's possession or
control and which contains the final satisfactory
disposition which pertain to the person issued a citation
for that offense. The law enforcement agency shall provide
by rule the process for access, review, and to confirm the
automatic expungement by the law enforcement agency
issuing the citation. Commencing 180 days after the
effective date of this amendatory Act of the 103rd General
Assembly, the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a violation of subsection (e) of Section 401 of
the Illinois Controlled Substances Act by possessing
psilocybin and psilocin or of subsection (a) of Section
3.5 of the Drug Paraphernalia Control Act by possessing
paraphernalia used in relation to psilocybin and psilocin
in the clerk's possession or control and which contains
the final satisfactory disposition which pertain to the
person issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

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of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012

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or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Section Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of
2012, or Section 125 of the Stalking No Contact
Order Act, or Section 219 of the Civil No Contact
Order Act, or a similar provision of a local
ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)

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acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:

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(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.

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(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,
the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the

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offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall
make the records of the circuit court clerk in connection

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with the proceedings of the trial court concerning the
offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate

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of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);

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(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsections subsection (c)(2)(A) and (c)(2)(B) may be
sealed at any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).

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(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection subsections (c)(2)(C), (c)(2)(D),
(c)(2)(E), or (c)(2)(F) may be sealed upon termination
of the petitioner's last sentence if the petitioner
earned a high school diploma, associate's degree,
career certificate, vocational technical
certification, or bachelor's degree, or passed the
high school level Test of General Educational
Development, during the period of his or her sentence
or mandatory supervised release. This subparagraph
shall apply only to a petitioner who has not completed
the same educational goal prior to the period of his or

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her sentence or mandatory supervised release. If a
petition for sealing eligible records filed under this
subparagraph is denied by the court, the time periods
under subparagraph (B) or (C) shall apply to any
subsequent petition for sealing filed by the
petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the

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clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the

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court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to

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support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency and the chief legal officer of the unit
of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the

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Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior

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to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting

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agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as
ordered by the court, within 60 days of the date of
service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this
Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or

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the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of

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subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the

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court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.

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(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.

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(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records

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by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section

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2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay

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of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order

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shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by

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the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all sealed records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official

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records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their

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criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the

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disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of

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arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court

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clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).

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(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing
of his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of
2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.

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(3) If an objection is filed alleging that the
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled
to immediate sealing under this subsection (h). A
petitioner is eligible for immediate relief under this
subsection (h) if he or she shows, by a preponderance of
the evidence, that: (A) he or she was a victim of human
trafficking at the time of the offense; and (B) that his or
her participation in the offense was a direct result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the

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date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2024
2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2026 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry

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shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Illinois Department of State
Police shall review all criminal history record
information and identify all records that meet all of
the following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of

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Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the

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Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Illinois Department of State
Police as described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
and the name of the defendant obliterated from the
official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for

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the offense for which the individual had received a
pardon but the order shall not affect any index issued
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law

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enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief

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Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.

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(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.

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(8) The Illinois State Police shall allow a person to
use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:

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(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief

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Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.

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(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
5-13-22; revised 8-19-22.)
(Text of Section after amendment by P.A. 102-933)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:

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Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully

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completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of

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qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an

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offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically

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maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the

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effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(2.6) Commencing 180 days after the effective date
of this amendatory Act of the 103rd General Assembly, the

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law enforcement agency issuing the citation shall
automatically expunge, on or before January 1 and July 1
of each year, the law enforcement records of a person
found to have committed a violation of subsection (e) of
Section 401 of the Illinois Controlled Substances Act by
possessing psilocybin and psilocin or of subsection (a) of
Section 3.5 of the Drug Paraphernalia Control Act by
possessing paraphernalia used in relation to psilocybin
and psilocin in the law enforcement agency's possession or
control and which contains the final satisfactory
disposition which pertain to the person issued a citation
for that offense. The law enforcement agency shall provide
by rule the process for access, review, and to confirm the
automatic expungement by the law enforcement agency
issuing the citation. Commencing 180 days after the
effective date of this amendatory Act of the 103rd General
Assembly, the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a violation of subsection (e) of Section 401 of
the Illinois Controlled Substances Act by possessing
psilocybin and psilocin or of subsection (a) of Section
3.5 of the Drug Paraphernalia Control Act by possessing
paraphernalia used in relation to psilocybin and psilocin
in the clerk's possession or control and which contains

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the final satisfactory disposition which pertain to the
person issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an

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order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Section Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of
2012, or Section 125 of the Stalking No Contact
Order Act, or Section 219 of the Civil No Contact
Order Act, or a similar provision of a local
ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.

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(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.

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(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in

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orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,

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the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that

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offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall
make the records of the circuit court clerk in connection
with the proceedings of the trial court concerning the
offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois

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Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest

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resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsections subsection (c)(2)(A) and (c)(2)(B) may be
sealed at any time.
(B) Except as otherwise provided in subparagraph

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(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection subsections (c)(2)(C), (c)(2)(D),
(c)(2)(E), or (c)(2)(F) may be sealed upon termination
of the petitioner's last sentence if the petitioner
earned a high school diploma, associate's degree,
career certificate, vocational technical
certification, or bachelor's degree, or passed the
high school level Test of General Educational

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Development, during the period of his or her sentence
or mandatory supervised release. This subparagraph
shall apply only to a petitioner who has not completed
the same educational goal prior to the period of his or
her sentence or mandatory supervised release. If a
petition for sealing eligible records filed under this
subparagraph is denied by the court, the time periods
under subparagraph (B) or (C) shall apply to any
subsequent petition for sealing filed by the
petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):

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(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of

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birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has taken within 30
days before the filing of the petition a test showing the
absence within his or her body of all illegal substances
as defined by the Illinois Controlled Substances Act and
the Methamphetamine Control and Community Protection Act
if he or she is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified

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probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency and the chief legal officer of the unit
of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the

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petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(D) Notwithstanding any other provision of law,

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the court shall not deny a petition to expunge or seal
under this Section because the petitioner has
submitted a drug test taken within 30 days before the
filing of the petition to expunge or seal that
indicates a positive test for the presence of cannabis
within the petitioner's body. In this subparagraph
(D), "cannabis" has the meaning ascribed to it in
Section 3 of the Cannabis Control Act.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;

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(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as
ordered by the court, within 60 days of the date of
service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this

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Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or
the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk

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shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records

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ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State

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Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to

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vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.

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(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the

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expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal

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Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been

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convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by

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the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all sealed records of the Illinois State Police
pertaining to that individual. Upon entry of the order of

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sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later

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arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.

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(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are

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entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be

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ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the

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order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing
of his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of

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2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled
to immediate sealing under this subsection (h). A
petitioner is eligible for immediate relief under this
subsection (h) if he or she shows, by a preponderance of
the evidence, that: (A) he or she was a victim of human
trafficking at the time of the offense; and (B) that his or
her participation in the offense was a direct result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.

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(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019

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(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2024
2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2026 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of

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Public Act 101-27), the Illinois Department of State
Police shall review all criminal history record
information and identify all records that meet all of
the following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the

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criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Illinois Department of State
Police as described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically

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authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
and the name of the defendant obliterated from the
official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for
the offense for which the individual had received a
pardon but the order shall not affect any index issued
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and

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expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection

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may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit

HB0001 - 215 - LRB103 04680 CPF 49688 b
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible

HB0001 - 216 - LRB103 04680 CPF 49688 b
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.

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(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this

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Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the

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filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;

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102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
5-13-22; 102-933, eff. 1-1-23; revised 8-19-22.)
Section 550. The State Finance Act is amended by adding
Sections 5.990 and 5.991 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Psilocybin Control and Regulation Fund.
(30 ILCS 105/5.991 new)
Sec. 5.991. The Illinois Psilocybin Fund.
Section 555. The Illinois Independent Tax Tribunal Act of
2012 is amended by changing Section 1-45 as follows:
(35 ILCS 1010/1-45)
Sec. 1-45. Jurisdiction of the Tax Tribunal.
(a) Except as provided by the Constitution of the United
States, the Constitution of the State of Illinois, or any
statutes of this State, including, but not limited to, the
State Officers and Employees Money Disposition Act, the Tax
Tribunal shall have original jurisdiction over all
determinations of the Department reflected on a Notice of
Deficiency, Notice of Tax Liability, Notice of Claim Denial,
or Notice of Penalty Liability issued under the Illinois
Income Tax Act, the Use Tax Act, the Service Use Tax Act, the

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Service Occupation Tax Act, the Retailers' Occupation Tax Act,
the Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco
Products Tax Act of 1995, the Hotel Operators' Occupation Tax
Act, the Motor Fuel Tax Law, the Automobile Renting Occupation
and Use Tax Act, the Coin-Operated Amusement Device and
Redemption Machine Tax Act, the Gas Revenue Tax Act, the Water
Company Invested Capital Tax Act, the Telecommunications
Excise Tax Act, the Telecommunications Infrastructure
Maintenance Fee Act, the Public Utilities Revenue Act, the
Electricity Excise Tax Law, the Aircraft Use Tax Law, the
Watercraft Use Tax Law, the Gas Use Tax Law, or the Uniform
Penalty and Interest Act, or the Compassionate Use and
Research of Entheogens Act. Jurisdiction of the Tax Tribunal
is limited to Notices of Tax Liability, Notices of Deficiency,
Notices of Claim Denial, and Notices of Penalty Liability
where the amount at issue in a notice, or the aggregate amount
at issue in multiple notices issued for the same tax year or
audit period, exceeds $15,000, exclusive of penalties and
interest. In notices solely asserting either an interest or
penalty assessment, or both, the Tax Tribunal shall have
jurisdiction over cases where the combined total of all
penalties or interest assessed exceeds $15,000.
(b) Except as otherwise permitted by this Act and by the
Constitution of the State of Illinois or otherwise by State
law, including, but not limited to, the State Officers and
Employees Money Disposition Act, no person shall contest any

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matter within the jurisdiction of the Tax Tribunal in any
action, suit, or proceeding in the circuit court or any other
court of the State. If a person attempts to do so, then such
action, suit, or proceeding shall be dismissed without
prejudice. The improper commencement of any action, suit, or
proceeding does not extend the time period for commencing a
proceeding in the Tax Tribunal.
(c) The Tax Tribunal may require the taxpayer to post a
bond equal to 25% of the liability at issue (1) upon motion of
the Department and a showing that (A) the taxpayer's action is
frivolous or legally insufficient or (B) the taxpayer is
acting primarily for the purpose of delaying the collection of
tax or prejudicing the ability ultimately to collect the tax,
or (2) if, at any time during the proceedings, it is determined
by the Tax Tribunal that the taxpayer is not pursuing the
resolution of the case with due diligence. If the Tax Tribunal
finds in a particular case that the taxpayer cannot procure
and furnish a satisfactory surety or sureties for the kind of
bond required herein, the Tax Tribunal may relieve the
taxpayer of the obligation of filing such bond, if, upon the
timely application for a lien in lieu thereof and accompanying
proof therein submitted, the Tax Tribunal is satisfied that
any such lien imposed would operate to secure the assessment
in the manner and to the degree as would a bond. The Tax
Tribunal shall adopt rules for the procedures to be used in
securing a bond or lien under this Section.

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(d) If, with or after the filing of a timely petition, the
taxpayer pays all or part of the tax or other amount in issue
before the Tax Tribunal has rendered a decision, the Tax
Tribunal shall treat the taxpayer's petition as a protest of a
denial of claim for refund of the amount so paid upon a written
motion filed by the taxpayer.
(e) The Tax Tribunal shall not have jurisdiction to
review:
(1) any assessment made under the Property Tax Code;
(2) any decisions relating to the issuance or denial
of an exemption ruling for any entity claiming exemption
from any tax imposed under the Property Tax Code or any
State tax administered by the Department;
(3) a notice of proposed tax liability, notice of
proposed deficiency, or any other notice of proposed
assessment or notice of intent to take some action;
(4) any action or determination of the Department
regarding tax liabilities that have become finalized by
law, including but not limited to the issuance of liens,
levies, and revocations, suspensions, or denials of
licenses or certificates of registration or any other
collection activities;
(5) any proceedings of the Department's informal
administrative appeals function; and
(6) any challenge to an administrative subpoena issued
by the Department.

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(f) The Tax Tribunal shall decide questions regarding the
constitutionality of statutes and rules adopted by the
Department as applied to the taxpayer, but shall not have the
power to declare a statute or rule unconstitutional or
otherwise invalid on its face. A taxpayer challenging the
constitutionality of a statute or rule on its face may present
such challenge to the Tax Tribunal for the sole purpose of
making a record for review by the Illinois Appellate Court.
Failure to raise a constitutional issue regarding the
application of a statute or regulations to the taxpayer shall
not preclude the taxpayer or the Department from raising those
issues at the appellate court level.
(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)
Section 560. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 204 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any
drug, chemical, substance or dangerous drug other than alcohol
so as to endanger the public morals, health, safety or welfare
or who is so far addicted to the use of a dangerous drug or
controlled substance other than alcohol as to have lost the
power of self control with reference to his or her addiction.

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(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],

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17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]

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-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-

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hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane,
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane,
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

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(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),

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(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human
Services for such administration, and which the person intends
to administer or have administered through such implants,
shall not be considered to be in unauthorized possession or to

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unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on
the prescriber-patient-pharmacist relationship in the course
of professional practice or (2) for the purpose of, or
incident to, research, teaching, or chemical analysis and not
for sale or dispensing. "Compounding" includes the preparation
of drugs or devices in anticipation of receiving prescription
drug orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is
not reasonably available from normal distribution channels in
a timely manner to meet the patient's needs and (ii) the

HB0001 - 232 - LRB103 04680 CPF 49688 b
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance,
immediate precursor, or synthetic drug in the Schedules of
Article II of this Act or (ii) a drug or other substance, or
immediate precursor, designated as a controlled substance by
the Department through administrative rule. The term does not
include: distilled spirits, wine, malt beverages, or tobacco,
as those terms are defined or used in the Liquor Control Act of
1934 and the Tobacco Products Tax Act of 1995; or psilocybin or
a psilocybin product, as those terms are defined or used in the
Compassionate Use and Research of Entheogens Act.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
substance in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that
is substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such

HB0001 - 233 - LRB103 04680 CPF 49688 b
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship. "Deliver" or "delivery" does not include
the donation of drugs to the extent permitted under the
Illinois Drug Reuse Opportunity Program Act.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"

HB0001 - 234 - LRB103 04680 CPF 49688 b
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including,
but not limited to, alcohol, cannabis and its active
principles and their analogs, benzodiazepines and their
analogs, barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National

HB0001 - 235 - LRB103 04680 CPF 49688 b
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an
electronic record of health-related information on an
individual that is created, gathered, managed, and consulted
by authorized health care clinicians and staff.
(t-3.5) "Electronic health record system" or "EHR system"
means any computer-based system or combination of federally
certified Health IT Modules (defined at 42 CFR 170.102 or its
successor) used as a repository for electronic health records
and accessed or updated by a prescriber or authorized
surrogate in the ordinary course of his or her medical
practice. For purposes of connecting to the Prescription
Information Library maintained by the Bureau of Pharmacy and
Clinical Support Systems or its successor, an EHR system may
connect to the Prescription Information Library directly or
through all or part of a computer program or system that is a
federally certified Health IT Module maintained by a third
party and used by the EHR system to secure access to the
database.

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(t-4) "Emergency medical services personnel" has the
meaning ascribed to it in the Emergency Medical Services (EMS)
Systems Act.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule
III substances (nonnarcotic controlled substances) that are
used by a euthanasia agency for the purpose of animal
euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course
of professional treatment to or for any person who is under his
or her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided
herein: and application of the term to a pharmacist shall mean
the dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards, including, but not limited

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to, the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by
a pharmacy in compounding solutions for direct administration
to a patient in a private residence, long-term care facility,
or hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the Illinois State
Police or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled

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substance;
(2) which is an immediate chemical intermediary used
or likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable
person to believe that the substance is a controlled
substance, or (2) is expressly or impliedly represented to be
a controlled substance or is distributed under circumstances
which would lead a reasonable person to believe that the
substance is a controlled substance. For the purpose of
determining whether the representations made or the
circumstances of the distribution would lead a reasonable
person to believe the substance to be a controlled substance

HB0001 - 239 - LRB103 04680 CPF 49688 b
under this clause (2) of subsection (y), the court or other
authority may consider the following factors in addition to
any other factor that may be relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.

HB0001 - 240 - LRB103 04680 CPF 49688 b
Nothing in this subsection (y) or in this Act prohibits
the manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug
or drugs by any person registered pursuant to Section 510 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or
compounding of a controlled substance for his or her own
use;
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:

HB0001 - 241 - LRB103 04680 CPF 49688 b
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale; or
(3) the packaging, repackaging, or labeling of drugs
only to the extent permitted under the Illinois Drug Reuse
Opportunity Program Act.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe
through a written delegation of authority by a physician
licensed to practice medicine in all of its branches, in
accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987, (ii) an advanced practice registered
nurse who has been delegated authority to prescribe through a
written delegation of authority by a physician licensed to
practice medicine in all of its branches or by a podiatric
physician, in accordance with Section 65-40 of the Nurse
Practice Act, (iii) an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has been granted authority to prescribe
by a hospital affiliate in accordance with Section 65-45 of
the Nurse Practice Act, (iv) an animal euthanasia agency, or

HB0001 - 242 - LRB103 04680 CPF 49688 b
(v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine
and ecgonine, and their isomers, derivatives and salts,
have been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).

HB0001 - 243 - LRB103 04680 CPF 49688 b
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a
local registered pharmacist or a registered assistant
pharmacist under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the

HB0001 - 244 - LRB103 04680 CPF 49688 b
Pharmacy Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice registered nurse,
licensed practical nurse, registered nurse, emergency medical
services personnel, hospital, laboratory, or pharmacy, or
other person licensed, registered, or otherwise lawfully
permitted by the United States or this State to distribute,
dispense, conduct research with respect to, administer or use
in teaching or chemical analysis, a controlled substance in
the course of professional practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,

HB0001 - 245 - LRB103 04680 CPF 49688 b
prescribing psychologist licensed under Section 4.2 of the
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement required under Section 7.5 of
the Physician Assistant Practice Act of 1987, an advanced
practice registered nurse with prescriptive authority
delegated under Section 65-40 of the Nurse Practice Act and in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement under Section 65-35 of the
Nurse Practice Act, an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has been granted authority to prescribe
by a hospital affiliate in accordance with Section 65-45 of
the Nurse Practice Act and in accordance with Section 303.05,
or an advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician or

HB0001 - 246 - LRB103 04680 CPF 49688 b
veterinarian for any controlled substance, of an optometrist
in accordance with Section 15.1 of the Illinois Optometric
Practice Act of 1987, of a prescribing psychologist licensed
under Section 4.2 of the Clinical Psychologist Licensing Act
with prescriptive authority delegated under Section 4.3 of the
Clinical Psychologist Licensing Act, of a physician assistant
for a controlled substance in accordance with Section 303.05,
a written delegation, and a written collaborative agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, of an advanced practice registered nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act, of an advanced
practice registered nurse certified as a nurse practitioner,
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act and in
accordance with Section 303.05 when required by law, or of an
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance

HB0001 - 247 - LRB103 04680 CPF 49688 b
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section
316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including,
but not limited to, amphetamines and their analogs,

HB0001 - 248 - LRB103 04680 CPF 49688 b
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(rr-10) "Synthetic drug" includes, but is not limited to,
any synthetic cannabinoids or piperazines or any synthetic
cathinones as provided for in Schedule I.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
Sec. 204. (a) The controlled substances listed in this
Section are included in Schedule I.
(b) Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including
their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of such isomers,
esters, ethers and salts is possible within the specific
chemical designation:
(1) Acetylmethadol;
(1.1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-
4-piperidinyl]-N-phenylacetamide);

HB0001 - 249 - LRB103 04680 CPF 49688 b
(2) Allylprodine;
(3) Alphacetylmethadol, except
levo-alphacetylmethadol (also known as levo-alpha-
acetylmethadol, levomethadyl acetate, or LAAM);
(4) Alphameprodine;
(5) Alphamethadol;
(6) Alpha-methylfentanyl
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine;
(6.1) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
(7.1) PEPAP
(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(8) Benzethidine;
(9) Betacetylmethadol;
(9.1) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-
4-piperidinyl]-N-phenylpropanamide);
(10) Betameprodine;
(11) Betamethadol;
(12) Betaprodine;
(13) Clonitazene;
(14) Dextromoramide;

HB0001 - 250 - LRB103 04680 CPF 49688 b
(15) Diampromide;
(16) Diethylthiambutene;
(17) Difenoxin;
(18) Dimenoxadol;
(19) Dimepheptanol;
(20) Dimethylthiambutene;
(21) Dioxaphetylbutyrate;
(22) Dipipanone;
(23) Ethylmethylthiambutene;
(24) Etonitazene;
(25) Etoxeridine;
(26) Furethidine;
(27) Hydroxpethidine;
(28) Ketobemidone;
(29) Levomoramide;
(30) Levophenacylmorphan;
(31) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-
4-piperidyl]-N-phenylpropanamide);
(31.1) 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(32) Morpheridine;
(33) Noracymethadol;
(34) Norlevorphanol;
(35) Normethadone;

HB0001 - 251 - LRB103 04680 CPF 49688 b
(36) Norpipanone;
(36.1) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
4-piperidinyl]propanamide);
(37) Phenadoxone;
(38) Phenampromide;
(39) Phenomorphan;
(40) Phenoperidine;
(41) Piritramide;
(42) Proheptazine;
(43) Properidine;
(44) Propiram;
(45) Racemoramide;
(45.1) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-
4-piperidinyl]-propanamide);
(46) Tilidine;
(47) Trimeperidine;
(48) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
N-phenylpropanamide);
(49) Furanyl fentanyl (FU-F);
(50) Butyryl fentanyl;
(51) Valeryl fentanyl;
(52) Acetyl fentanyl;
(53) Beta-hydroxy-thiofentanyl;

HB0001 - 252 - LRB103 04680 CPF 49688 b
(54) 3,4-dichloro-N-[2-
(dimethylamino)cyclohexyl]-N-
methylbenzamide (U-47700);
(55) 4-chloro-N-[1-[2-
(4-nitrophenyl)ethyl]-2-piperidinylidene]-
benzenesulfonamide (W-18);
(56) 4-chloro-N-[1-(2-phenylethyl)
-2-piperidinylidene]-benzenesulfonamide (W-15);
(57) acrylfentanyl (acryloylfentanyl).
(c) Unless specifically excepted or unless listed in
another schedule, any of the following opium derivatives, its
salts, isomers and salts of isomers, whenever the existence of
such salts, isomers and salts of isomers is possible within
the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Diacetyldihydromorphine (Dihydroheroin);
(9) Dihydromorphine;
(10) Drotebanol;
(11) Etorphine (except hydrochloride salt);
(12) Heroin;

HB0001 - 253 - LRB103 04680 CPF 49688 b
(13) Hydromorphinol;
(14) Methyldesorphine;
(15) Methyldihydromorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;
(24) Thebacon.
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers and salts of isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible within the
specific chemical designation (for the purposes of this
paragraph only, the term "isomer" includes the optical,
position and geometric isomers):
(1) 3,4-methylenedioxyamphetamine
(alpha-methyl,3,4-methylenedioxyphenethylamine,
methylenedioxyamphetamine, MDA);
(1.1) Alpha-ethyltryptamine
(some trade or other names: etryptamine;

HB0001 - 254 - LRB103 04680 CPF 49688 b
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl)indole; a-ET; and AET);
(2) 3,4-methylenedioxymethamphetamine (MDMA);
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
(also known as: N-ethyl-alpha-methyl-
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
and MDEA);
(2.2) N-Benzylpiperazine (BZP);
(2.2-1) Trifluoromethylphenylpiperazine (TFMPP);
(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
(4) 3,4,5-trimethoxyamphetamine (TMA);
(5) (Blank);
(6) Diethyltryptamine (DET);
(7) Dimethyltryptamine (DMT);
(7.1) 5-Methoxy-diallyltryptamine;
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
(9) Ibogaine (some trade and other names:
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
indole; Tabernanthe iboga);
(10) Lysergic acid diethylamide;
(10.1) Salvinorin A;
(10.5) Salvia divinorum (meaning all parts of the
plant presently classified botanically as Salvia
divinorum, whether growing or not, the seeds thereof, any
extract from any part of that plant, and every compound,

HB0001 - 255 - LRB103 04680 CPF 49688 b
manufacture, salts, isomers, and salts of isomers whenever
the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation,
derivative, mixture, or preparation of that plant, its
seeds or extracts);
(11) 3,4,5-trimethoxyphenethylamine (Mescaline);
(12) Peyote (meaning all parts of the plant presently
classified botanically as Lophophora williamsii Lemaire,
whether growing or not, the seeds thereof, any extract
from any part of that plant, and every compound,
manufacture, salts, derivative, mixture, or preparation of
that plant, its seeds or extracts);
(13) N-ethyl-3-piperidyl benzilate (JB 318);
(14) N-methyl-3-piperidyl benzilate;
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
(15) Parahexyl; some trade or other names:
3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
dibenzo (b,d) pyran; Synhexyl;
(16) (Blank) Psilocybin;
(17) (Blank) Psilocyn;
(18) Alpha-methyltryptamine (AMT);
(19) 2,5-dimethoxyamphetamine
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(20) 4-bromo-2,5-dimethoxyamphetamine

HB0001 - 256 - LRB103 04680 CPF 49688 b
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
Some trade or other names: 2-(4-bromo-
2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB, 2CB, Nexus;
(21) 4-methoxyamphetamine
(4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(22) (Blank);
(23) Ethylamine analog of phencyclidine.
Some trade or other names:
N-ethyl-1-phenylcyclohexylamine,
(1-phenylcyclohexyl) ethylamine,
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(24) Pyrrolidine analog of phencyclidine. Some trade
or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
PHP;
(25) 5-methoxy-3,4-methylenedioxy-amphetamine;
(26) 2,5-dimethoxy-4-ethylamphetamine
(another name: DOET);
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
(another name: TCPy);
(28) (Blank);
(29) Thiophene analog of phencyclidine (some trade
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;

HB0001 - 257 - LRB103 04680 CPF 49688 b
2-thienyl analog of phencyclidine; TPCP; TCP);
(29.1) Benzothiophene analog of phencyclidine. Some
trade or other names: BTCP or benocyclidine;
(29.2) 3-Methoxyphencyclidine (3-MeO-PCP);
(30) Bufotenine (some trade or other names:
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol;
5-hydroxy-N,N-dimethyltryptamine;
N,N-dimethylserotonin; mappine);
(31) (Blank);
(32) (Blank);
(33) (Blank);
(34) (Blank);
(34.5) (Blank);
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,
10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-210;
(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol, its isomers,
salts, and salts of isomers; Some trade or other
names: HU-210, Dexanabinol;
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol

HB0001 - 258 - LRB103 04680 CPF 49688 b
Some trade or other names: HU-211;
(37) (Blank);
(38) (Blank);
(39) (Blank);
(40) (Blank);
(41) (Blank);
(42) Any compound structurally derived from
3-(1-naphthoyl)indole or
1H-indol-3-yl-(1-naphthyl)methane by substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl whether or not further substituted
in the indole ring to any extent, whether or not
substituted in the naphthyl ring to any extent. Examples
of this structural class include, but are not limited to,
JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185;
(43) Any compound structurally derived from
3-(1-naphthoyl)pyrrole by substitution at the nitrogen
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
in the pyrrole ring to any extent, whether or not
substituted in the naphthyl ring to any extent. Examples
of this structural class include, but are not limited to,

HB0001 - 259 - LRB103 04680 CPF 49688 b
JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;
(44) Any compound structurally derived from
1-(1-naphthylmethyl)indene by substitution at the
3-position of the indene ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl whether or not further substituted
in the indene ring to any extent, whether or not
substituted in the naphthyl ring to any extent. Examples
of this structural class include, but are not limited to,
JWH-176;
(45) Any compound structurally derived from
3-phenylacetylindole by substitution at the nitrogen atom
of the indole ring with alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
in the indole ring to any extent, whether or not
substituted in the phenyl ring to any extent. Examples of
this structural class include, but are not limited to,
JWH-167, JWH-250, JWH-251, and RCS-8;
(46) Any compound structurally derived from
2-(3-hydroxycyclohexyl)phenol by substitution at the
5-position of the phenolic ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

HB0001 - 260 - LRB103 04680 CPF 49688 b
2-(4-morpholinyl)ethyl, whether or not substituted in the
cyclohexyl ring to any extent. Examples of this structural
class include, but are not limited to, CP 47, 497 and its
C8 homologue (cannabicyclohexanol);
(46.1) Any compound structurally derived from
3-(benzoyl) indole with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group whether or not further
substituted in the indole ring to any extent and whether
or not substituted in the phenyl ring to any extent.
Examples of this structural class include, but are not
limited to, AM-630, AM-2233, AM-694, Pravadoline (WIN
48,098), and RCS-4;
(47) (Blank);
(48) (Blank);
(49) (Blank);
(50) (Blank);
(51) (Blank);
(52) (Blank);
(53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine.
Some trade or other names: 2C-T-7;
(53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some
trade or other names: 2C-E;
(53.2) 2,5-dimethoxy-4-methylphenethylamine. Some

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trade or other names: 2C-D;
(53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some
trade or other names: 2C-C;
(53.4) 4-iodo-2,5-dimethoxyphenethylamine. Some trade
or other names: 2C-I;
(53.5) 4-ethylthio-2,5-dimethoxyphenethylamine. Some
trade or other names: 2C-T-2;
(53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine.
Some trade or other names: 2C-T-4;
(53.7) 2,5-dimethoxyphenethylamine. Some trade or
other names: 2C-H;
(53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some
trade or other names: 2C-N;
(53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine. Some
trade or other names: 2C-P;
(53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine.
Some trade or other names: 2C-G;
(53.11) The N-(2-methoxybenzyl) derivative of any 2C
phenethylamine referred to in subparagraphs (20.1), (53),
(53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7),
(53.8), (53.9), and (53.10) including, but not limited to,
25I-NBOMe and 25C-NBOMe;
(54) 5-Methoxy-N,N-diisopropyltryptamine;
(55) (Blank);
(56) (Blank);
(57) (Blank);

HB0001 - 262 - LRB103 04680 CPF 49688 b
(58) (Blank);
(59) 3-cyclopropoylindole with substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent, whether or not
substituted on the cyclopropyl ring to any extent:
including, but not limited to, XLR11, UR144, FUB-144;
(60) 3-adamantoylindole with substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent, whether or not
substituted on the adamantyl ring to any extent:
including, but not limited to, AB-001;
(61) N-(adamantyl)-indole-3-carboxamide with
substitution at the nitrogen atom of the indole ring by
alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent, whether or not
substituted on the adamantyl ring to any extent:
including, but not limited to, APICA/2NE-1, STS-135;

HB0001 - 263 - LRB103 04680 CPF 49688 b
(62) N-(adamantyl)-indazole-3-carboxamide with
substitution at a nitrogen atom of the indazole ring by
alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent, whether or not
substituted on the adamantyl ring to any extent:
including, but not limited to, AKB48, 5F-AKB48;
(63) 1H-indole-3-carboxylic acid 8-quinolinyl ester
with substitution at the nitrogen atom of the indole ring
by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent, whether or not
substituted on the quinoline ring to any extent:
including, but not limited to, PB22, 5F-PB22, FUB-PB-22;
(64) 3-(1-naphthoyl)indazole with substitution at the
nitrogen atom of the indazole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent, whether or not
substituted on the naphthyl ring to any extent: including,
but not limited to, THJ-018, THJ-2201;

HB0001 - 264 - LRB103 04680 CPF 49688 b
(65) 2-(1-naphthoyl)benzimidazole with substitution
at the nitrogen atom of the benzimidazole ring by alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the benzimidazole ring to any extent, whether or not
substituted on the naphthyl ring to any extent: including,
but not limited to, FUBIMINA;
(66)
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-
3-carboxamide with substitution on the nitrogen atom of
the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA;
(67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
indazole-3-carboxamide with substitution on the nitrogen
atom of the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, ADB-PINACA, ADB-FUBINACA;

HB0001 - 265 - LRB103 04680 CPF 49688 b
(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
indole-3-carboxamide with substitution on the nitrogen
atom of the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent: including, but not
limited to, ADBICA, 5F-ADBICA;
(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole-
3-carboxamide with substitution on the nitrogen atom of
the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indole ring to any extent: including, but not
limited to, ABICA, 5F-ABICA;
(70) Methyl 2-(1H-indazole-3-carboxamido)-3-
methylbutanoate with substitution on the nitrogen atom of
the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, AMB, 5F-AMB;
(71) Methyl 2-(1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate with substitution on the nitrogen atom

HB0001 - 266 - LRB103 04680 CPF 49688 b
of the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA;
(72) Methyl 2-(1H-indole-3-carboxamido)-3-
methylbutanoate with substitution on the nitrogen atom of
the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, MMB018, MMB2201, and AMB-CHMICA;
(73) Methyl 2-(1H-indole-3-carboxamido)-3,3-
dimethylbutanoate with substitution on the nitrogen atom
of the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, MDMB-CHMICA;
(74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-
indazole-3-carboxamide with substitution on the nitrogen
atom of the indazole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

HB0001 - 267 - LRB103 04680 CPF 49688 b
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, APP-CHMINACA, 5-fluoro-APP-PINACA;
(75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole-
3-carboxamide with substitution on the nitrogen atom of
the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further substituted
on the indazole ring to any extent: including, but not
limited to, APP-PICA and 5-fluoro-APP-PICA;
(76) 4-Acetoxy-N,N-dimethyltryptamine: trade name
4-AcO-DMT;
(77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade
name 5-MeO-MIPT;
(78) 4-hydroxy Diethyltryptamine (4-HO-DET);
(79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET);
(80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(81) 4-hydroxy-N-methyl-N-isopropyltryptamine
(4-HO-MiPT);
(82) Fluorophenylpiperazine;
(83) Methoxetamine;
(84) 1-(Ethylamino)-2-phenylpropan-2-one (iso-
ethcathinone).
(e) Unless specifically excepted or unless listed in

HB0001 - 268 - LRB103 04680 CPF 49688 b
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) mecloqualone;
(2) methaqualone; and
(3) gamma hydroxybutyric acid.
(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) Aminorex (some other names:
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
4-5-dihydro-5-phenyl-2-oxazolamine) and its
salts, optical isomers, and salts of optical isomers;
(4) Methcathinone (some other names:
2-methylamino-1-phenylpropan-1-one;
Ephedrone; 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; N-methylcathinone;
methycathinone; Monomethylpropion; UR 1431) and its
salts, optical isomers, and salts of optical isomers;

HB0001 - 269 - LRB103 04680 CPF 49688 b
(5) Cathinone (some trade or other names:
2-aminopropiophenone; alpha-aminopropiophenone;
2-amino-1-phenyl-propanone; norephedrone);
(6) N,N-dimethylamphetamine (also known as:
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
(8) 3,4-Methylenedioxypyrovalerone (MDPV);
(9) Halogenated amphetamines and
methamphetamines - any compound derived from either
amphetamine or methamphetamine through the substitution
of a halogen on the phenyl ring, including, but not
limited to, 2-fluoroamphetamine, 3-
fluoroamphetamine and 4-fluoroamphetamine;
(10) Aminopropylbenzofuran (APB):
including 4-(2-Aminopropyl) benzofuran, 5-
(2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)
benzofuran, and 7-(2-Aminopropyl) benzofuran;
(11) Aminopropyldihydrobenzofuran (APDB):
including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,
5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,
6-(2-Aminopropyl)-2,3-dihydrobenzofuran,
and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran;
(12) Methylaminopropylbenzofuran
(MAPB): including 4-(2-methylaminopropyl)

HB0001 - 270 - LRB103 04680 CPF 49688 b
benzofuran, 5-(2-methylaminopropyl)benzofuran,
6-(2-methylaminopropyl)benzofuran
and 7-(2-methylaminopropyl)benzofuran.
(g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture, or preparation
that contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, isomers, salts, and
salts of isomers;
(2) N-[1(2-thienyl) methyl-4-piperidyl]-N-
phenylpropanamide (thenylfentanyl), its optical isomers,
salts, and salts of isomers.
(h) Synthetic cathinones. Unless specifically excepted,
any chemical compound which is not approved by the United
States Food and Drug Administration or, if approved, is not
dispensed or possessed in accordance with State or federal
law, not including bupropion, structurally derived from
2-aminopropan-1-one by substitution at the 1-position with
either phenyl, naphthyl, or thiophene ring systems, whether or
not the compound is further modified in one or more of the
following ways:
(1) by substitution in the ring system to any extent
with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or
halide substituents, whether or not further substituted in
the ring system by one or more other univalent
substituents. Examples of this class include, but are not

HB0001 - 271 - LRB103 04680 CPF 49688 b
limited to, 3,4-Methylenedioxycathinone (bk-MDA);
(2) by substitution at the 3-position with an acyclic
alkyl substituent. Examples of this class include, but are
not limited to, 2-methylamino-1-phenylbutan-1-one
(buphedrone); or
(3) by substitution at the 2-amino nitrogen atom with
alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by
inclusion of the 2-amino nitrogen atom in a cyclic
structure. Examples of this class include, but are not
limited to, Dimethylcathinone, Ethcathinone, and
a-Pyrrolidinopropiophenone (a-PPP); or
Any other synthetic cathinone which is not approved by the
United States Food and Drug Administration or, if approved, is
not dispensed or possessed in accordance with State or federal
law.
(i) Synthetic cannabinoids or piperazines. Any synthetic
cannabinoid or piperazine which is not approved by the United
States Food and Drug Administration or, if approved, which is
not dispensed or possessed in accordance with State and
federal law.
(Source: P.A. 99-371, eff. 1-1-16; 100-201, eff. 8-18-17;
100-368, eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff.
8-14-18.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by

HB0001 - 272 - LRB103 04680 CPF 49688 b
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.