Bill Text: IL HB2534 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Illinois Controlled Substances Act. Requires that to be illegal a drug analog must not be approved by the United States Food and Drug Administration or, if approved, it is not dispensed or possessed in accordance with State and federal law. Defines "controlled substance" to include a synthetic drug enumerated as a scheduled drug under the Act. Adds chemical structural classes of synthetic cannabinoids and piperazines to the list of Schedule I controlled substances. Includes certain substances approved by the FDA which are not dispensed or possessed in accordance with State or federal law and certain modified substances.

Spectrum: Slight Partisan Bill (Republican 42-22)

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0368 [HB2534 Detail]

Download: Illinois-2017-HB2534-Chaptered.html



Public Act 100-0368
HB2534 EnrolledLRB100 08419 RLC 18533 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 204, 206, 208, 401, and 402 as
follows:
(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);
(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;
(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;
(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;
(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;
(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;
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, 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) Psilocybin;
(17) Psilocyn;
(18) Alpha-methyltryptamine (AMT);
(19) 2,5-dimethoxyamphetamine
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(20) 4-bromo-2,5-dimethoxyamphetamine
(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;
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); 1-Pentyl-3-(1-naphthoyl)indole
Some trade or other names: JWH-018;
(32) (Blank); 1-Butyl-3-(1-naphthoyl)indole
Some trade or other names: JWH-073;
(33) (Blank); 1-[(5-fluoropentyl)-1H-indol-3-yl]-
(2-iodophenyl)methanone
Some trade or other names: AM-694;
(34) (Blank); 2-[(1R,3S)-3-hydroxycyclohexyl]-5-
(2-methyloctan-2-yl)phenol
Some trade or other names: CP 47,497
and its C6, C8 and C9 homologs;
(34.5) (Blank); 2-[(1R,3S)-3-hydroxycyclohexyl]-5-
(2-methyloctan-2-yl)phenol), where side chain n=5;
and homologues where side chain n=4, 6, or 7; Some
trade or other names: CP 47,497;
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,
10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-210;
(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol, its isomers,
salts, and salts of isomers; Some trade or other
names: HU-210, Dexanabinol;
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-211;
(37) (Blank); (2-methyl-1-propyl-1H-indol-
3-yl)-1-naphthalenyl-methanone
Some trade or other names: JWH-015;
(38) (Blank); 4-methoxynaphthalen-1-yl-
(1-pentylindol-3-yl)methanone
Some trade or other names: JWH-081;
(39) (Blank); 1-Pentyl-3-(4-methyl-1-naphthoyl)indole
Some trade or other names: JWH-122;
(40) (Blank); 2-(2-methylphenyl)-1-(1-pentyl-
1H-indol-3-yl)-ethanone
Some trade or other names: JWH-251;
(41) (Blank); 1-(2-cyclohexylethyl)-3-
(2-methoxyphenylacetyl)indole
Some trade or other names: RCS-8, BTW-8 and SR-18;
(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, 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 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 Benzoylindoles: Any compound
containing a 3-(benzoyl) indole structure 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); 3,4-Methylenedioxymethcathinone
Some trade or other names: Methylone;
(48) (Blank); 3,4-Methyenedioxypyrovalerone
Some trade or other names: MDPV;
(49) (Blank); 4-Methylmethcathinone
Some trade or other names: Mephedrone;
(50) (Blank); 4-methoxymethcathinone;
(51) (Blank); 4-Fluoromethcathinone;
(52) (Blank); 3-Fluoromethcathinone;
(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 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); Pentedrone;
(56) (Blank); 4-iodo-2,5-dimethoxy-N-((2-methoxy
phenyl)methyl)-benzeneethanamine
(trade or other name: 25I-NBOMe);
(57) (Blank); 4-chloro-2,5-dimethoxy-
N-[(2-methoxyphenyl) methyl]-benzeneethanamine
(trade or other name: 25C-NBOMe);
(58) (Blank); 4-bromo-2,5-dimethoxy
-N-[(2-methoxyphenyl) methyl]-benzeneethanamine
(trade or other name: 25B-NBOMe);
(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;
(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;
(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;
(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 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 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
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;
(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)
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
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).
(Source: P.A. 98-987, eff. 1-1-15; 99-371, eff. 1-1-16; revised
10-25-16.)
(720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
Sec. 206. (a) The controlled substances listed in this
Section are included in Schedule II.
(b) Unless specifically excepted or unless listed in
another schedule, any of the following substances whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by combination of extraction and chemical
synthesis:
(1) Opium and opiates, and any salt, compound,
derivative or preparation of opium or opiate, excluding
apomorphine, dextrorphan, levopropoxyphene, nalbuphine,
nalmefene, naloxone, and naltrexone, and their respective
salts, but including the following:
(i) Raw Opium;
(ii) Opium extracts;
(iii) Opium fluid extracts;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine Hydrochloride;
(x) Hydrocodone;
(xi) Hydromorphone;
(xii) Metopon;
(xiii) Morphine;
(xiii.5) 6-Monoacetylmorphine;
(xiv) Oxycodone;
(xv) Oxymorphone;
(xv.5) Tapentadol;
(xvi) Thebaine;
(xvii) Thebaine-derived butorphanol.
(xviii) Methorphan Dextromethorphan, except drug
products containing dextromethorphan that may be
dispensed pursuant to a prescription order of a
practitioner and are sold in compliance with the safety
and labeling standards as set forth by the United
States Food and Drug Administration, or drug products
containing dextromethorphan that are sold in solid,
tablet, liquid, capsule, powder, thin film, or gel form
and which are formulated, packaged, and sold in dosages
and concentrations for use as an over-the-counter drug
product. For the purposes of this Section,
"over-the-counter drug product" means a drug that is
available to consumers without a prescription and sold
in compliance with the safety and labeling standards as
set forth by the United States Food and Drug
Administration.
(2) Any salt, compound, isomer, derivative or
preparation thereof which is chemically equivalent or
identical with any of the substances referred to in
subparagraph (1), but not including the isoquinoline
alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, isomer, salt of
an isomer, derivative, or preparation of coca leaves
including cocaine or ecgonine, and any salt, compound,
isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or
extractions of coca leaves which do not contain cocaine or
ecgonine (for the purpose of this paragraph, the term
"isomer" includes optical, positional and geometric
isomers);
(5) Concentrate of poppy straw (the crude extract of
poppy straw in either liquid, solid or powder form which
contains the phenanthrine alkaloids of the opium poppy).
(c) Unless specifically excepted or unless listed in
another schedule any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, whenever
the existence of these isomers, esters, ethers and salts is
possible within the specific chemical designation, dextrorphan
excepted:
(1) Alfentanil;
(1.1) Carfentanil;
(1.2) Thiafentanyl;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk Dextropropoxyphene (non-dosage forms);
(6) Dihydrocodeine;
(7) Diphenoxylate;
(8) Fentanyl;
(9) Sufentanil;
(9.5) Remifentanil;
(10) Isomethadone;
(11) (Blank); Levomethorphan;
(12) Levorphanol (Levorphan);
(13) Metazocine;
(14) Methadone;
(15) Methadone-Intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
(16) Moramide-Intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
acid;
(17) Pethidine (meperidine);
(18) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(19) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(20) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(21) Phenazocine;
(22) Piminodine;
(23) Racemethorphan;
(24) (Blank); Racemorphan;
(25) Levo-alphacetylmethadol (some other names:
levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system:
(1) Amphetamine, its salts, optical isomers, and salts
of its optical isomers;
(2) Methamphetamine, its salts, isomers, and salts of
its isomers;
(3) Phenmetrazine and its salts;
(4) Methylphenidate;
(5) Lisdexamfetamine.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
(4) Pentazocine;
(5) Phencyclidine;
(6) Gluthethimide;
(7) (Blank).
(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances:
(1) Immediate precursor to amphetamine and
methamphetamine:
(i) Phenylacetone
Some trade or other names: phenyl-2-propanone;
P2P; benzyl methyl ketone; methyl benzyl ketone.
(2) Immediate precursors to phencyclidine:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
(3) Nabilone.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
Sec. 208. (a) The controlled substances listed in this
Section are included in Schedule III.
(b) 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 (whether optical
position, or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation;
(1) Those compounds, mixtures, or preparations in
dosage unit form containing any stimulant substances
listed in Schedule II which compounds, mixtures, or
preparations were listed on August 25, 1971, as excepted
compounds under Title 21, Code of Federal Regulations,
Section 308.32, and any other drug of the quantitative
composition shown in that list for those drugs or which is
the same except that it contains a lesser quantity of
controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(c) 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 potential for abuse associated with a
depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital or any salt
thereof and one or more other active medicinal ingredients
which are not listed in any schedule;
(2) Any suppository dosage form containing
amobarbital, secobarbital, pentobarbital or any salt of
any of these drugs and approved by the Federal Food and
Drug Administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt thereof:
(3.1) Aprobarbital;
(3.2) Butabarbital (secbutabarbital);
(3.3) Butalbital;
(3.4) Butobarbital (butethal);
(4) Chlorhexadol;
(5) Methyprylon;
(6) Sulfondiethylmethane;
(7) Sulfonethylmethane;
(8) Sulfonmethane;
(9) Lysergic acid;
(10) Lysergic acid amide;
(10.1) Tiletamine or zolazepam or both, or any salt of
either of them.
Some trade or other names for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names for Tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
(11) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine or
any of its salts, per 325 milligrams of aspirin;
(12) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine or
any of its salts, per 325 milligrams of acetaminophen;
(13) Any material, compound, mixture or preparation
containing not more than 50 milligrams of pentazocine or
any of its salts plus naloxone HCl USP 0.5 milligrams, per
dosage unit;
(14) Ketamine;
(15) Thiopental.
(d) Nalorphine.
(d.5) Buprenorphine.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, as set forth below:
(1) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit,
with an equal or greater quantity of an isoquinoline
alkaloid of opium;
(2) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit,
with one or more active non-narcotic ingredients in
recognized therapeutic amounts;
(3) (blank); not more than 300 milligrams of
dihydrocodeinone per 100 milliliters or not more than 15
milligrams per dosage unit, with a fourfold or greater
quantity of an isoquinoline alkaloid of opium;
(4) (blank); not more than 300 milligrams of
dihydrocodeinone per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(5) not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit,
with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(6) not more than 300 milligrams of ethylmorphine per
100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(7) not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(8) not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts.
(f) Anabolic steroids, except the following anabolic
steroids that are exempt:
(1) Androgyn L.A.;
(2) Andro-Estro 90-4;
(3) depANDROGYN;
(4) DEPO-T.E.;
(5) depTESTROGEN;
(6) Duomone;
(7) DURATESTRIN;
(8) DUO-SPAN II;
(9) Estratest;
(10) Estratest H.S.;
(11) PAN ESTRA TEST;
(12) Premarin with Methyltestosterone;
(13) TEST-ESTRO Cypionates;
(14) Testosterone Cyp 50 Estradiol Cyp 2;
(15) Testosterone Cypionate-Estradiol Cypionate
injection; and
(16) Testosterone Enanthate-Estradiol Valerate
injection.
(g) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and
Drug Administration approved product. Some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
(-)-delta-9-(trans)-tetrahydrocannabinol.
(2) (Reserved).
(h) The Department may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsection (b) from the application of all
or any part of this Act if the compound, mixture, or
preparation contains one or more active medicinal ingredients
not having a stimulant or depressant effect on the central
nervous system, and if the admixtures are included therein in
combinations, quantity, proportion, or concentration that
vitiate the potential for abuse of the substances which have a
stimulant or depressant effect on the central nervous system.
(Source: P.A. 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10;
97-334, eff. 1-1-12.)
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Manufacture or delivery, or possession with
intent to manufacture or deliver, a controlled substance, a
counterfeit substance, or controlled substance analog. Except
as authorized by this Act, it is unlawful for any person
knowingly to manufacture or deliver, or possess with intent to
manufacture or deliver, a controlled substance other than
methamphetamine and other than bath salts as defined in the
Bath Salts Prohibition Act sold or offered for sale in a retail
mercantile establishment as defined in Section 16-0.1 of the
Criminal Code of 2012, a counterfeit substance, or a controlled
substance analog. A violation of this Act with respect to each
of the controlled substances listed herein constitutes a single
and separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance, other than a controlled substance, 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, and that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to produce
an effect substantially similar to that of a controlled
substance in Schedule I or II. Examples of chemical classes in
which controlled substance analogs are found include, but are
not limited to, the following: phenethylamines, N-substituted
piperidines, morphinans, ecgonines, quinazolinones,
substituted indoles, and arylcycloalkylamines. For purposes of
this Act, a controlled substance analog shall be treated in the
same manner as the controlled substance to which it is
substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class X felony and shall be sentenced
to a term of imprisonment as provided in this subsection (a)
and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing heroin, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing heroin, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(1.5) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing fentanyl, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing fentanyl, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing fentanyl, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of a substance
containing fentanyl, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing cocaine, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing cocaine, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing morphine, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing morphine, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of a substance
containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (blank);
(6.6) (blank);
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 15 or
more objects or 15 or more segregated parts of an
object or objects but less than 200 objects or 200
segregated parts of an object or objects containing in
them or having upon them any amounts of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but less
than 400 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 200
or more objects or 200 or more segregated parts of an
object or objects but less than 600 objects or less
than 600 segregated parts of an object or objects
containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(C) not less than 12 years and not more than 50
years with respect to: (i) 400 grams or more but less
than 900 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 600
or more objects or 600 or more segregated parts of an
object or objects but less than 1500 objects or 1500
segregated parts of an object or objects containing in
them or having upon them any amount of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to: (i) 900 grams or more of any
substance containing lysergic acid diethylamide (LSD),
or an analog thereof, or (ii) 1500 or more objects or
1500 or more segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 15 or more
pills, tablets, caplets, capsules, or objects but less
than 200 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amounts of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but less
than 400 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 200 or more
pills, tablets, caplets, capsules, or objects but less
than 600 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amount of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof;
(C) not less than 12 years and not more than 50
years with respect to: (i) 400 grams or more but less
than 900 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 600 or more
pills, tablets, caplets, capsules, or objects but less
than 1,500 pills, tablets, caplets, capsules, or
objects containing in them or having upon them any
amount of any substance listed in paragraph (1), (2),
(2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(D) not less than 15 years and not more than 60
years with respect to: (i) 900 grams or more of any
substance listed in paragraph (1), (2), (2.1), (2.2),
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.6) 100 grams or more of any substance containing
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.7) (blank); 100 grams or more of any substance
containing dihydrocodeinone, or any of the salts, isomers
and salts of isomers of dihydrocodeinone, or an analog
thereof;
(10.8) 100 grams or more of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.9) 100 grams or more of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(11) 200 grams or more of any substance containing any
other controlled substance classified in Schedules I or II,
or an analog thereof, which is not otherwise included in
this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not more than $500,000 or the full street value
of the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street value"
shall have the meaning ascribed in Section 110-5 of the Code of
Criminal Procedure of 1963. Any person sentenced with respect
to any other provision of subsection (a), may in addition to
the penalties provided therein, be fined an amount not to
exceed $500,000.
(b-1) Excluding violations of this Act when the controlled
substance is fentanyl, any person sentenced to a term of
imprisonment with respect to violations of Section 401, 401.1,
405, 405.1, 405.2, or 407, when the substance containing the
controlled substance contains any amount of fentanyl, 3 years
shall be added to the term of imprisonment imposed by the
court, and the maximum sentence for the offense shall be
increased by 3 years.
(c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 1 gram or more but less than 15 grams of any
substance containing heroin, or an analog thereof;
(1.5) 1 gram or more but less than 15 grams of any
substance containing fentanyl, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or any
of the salts of a derivative of barbituric acid, or an
analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or any salt of an optical
isomer of amphetamine, or an analog thereof;
(6.5) (blank);
(7) (i) 5 grams or more but less than 15 grams of any
substance containing lysergic acid diethylamide (LSD), or
an analog thereof, or (ii) more than 10 objects or more
than 10 segregated parts of an object or objects but less
than 15 objects or less than 15 segregated parts of an
object containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (i) 5 grams or more but less than 15 grams of any
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof, or (ii) more than 10 pills, tablets, caplets,
capsules, or objects but less than 15 pills, tablets,
caplets, capsules, or objects containing in them or having
upon them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an analog
thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 10 grams or more but less than 30 grams of any
substance containing ketamine or any of the salts, isomers
and salts of isomers of ketamine, or an analog thereof;
(10.6) 50 grams or more but less than 100 grams of any
substance containing hydrocodone, or any of the salts,
isomers and salts of isomers of hydrocodone, or an analog
thereof;
(10.7) (blank); 50 grams or more but less than 100
grams of any substance containing dihydrocodeinone, or any
of the salts, isomers and salts of isomers of
dihydrocodeinone, or an analog thereof;
(10.8) 50 grams or more but less than 100 grams of any
substance containing dihydrocodeine, or any of the salts,
isomers and salts of isomers of dihydrocodeine, or an
analog thereof;
(10.9) 50 grams or more but less than 100 grams of any
substance containing oxycodone, or any of the salts,
isomers and salts of isomers of oxycodone, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of any
substance containing a substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(c-5) (Blank).
(d) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
containing dihydrocodeinone or dihydrocodeine or classified in
Schedules I or II, or an analog thereof, which is (i) a
narcotic drug, (ii) lysergic acid diethylamide (LSD) or an
analog thereof, (iii) any substance containing amphetamine or
fentanyl or any salt or optical isomer of amphetamine or
fentanyl, or an analog thereof, or (iv) any substance
containing N-Benzylpiperazine (BZP) or any salt or optical
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is
guilty of a Class 2 felony. The fine for violation of this
subsection (d) shall not be more than $200,000.
(d-5) (Blank).
(e) Any person who violates this Section with regard to any
other amount of a controlled substance other than
methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a
Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of Section
505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17.)
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it is
unlawful for any person knowingly to possess a controlled or
counterfeit substance or controlled substance analog. A
violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate
violation of this Act. For purposes of this Section,
"controlled substance analog" or "analog" means a substance,
other than a controlled substance, 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, and that has a chemical structure substantially similar to
that of a controlled substance in Schedule I or II, or that was
specifically designed to produce an effect substantially
similar to that of a controlled substance in Schedule I or II.
Examples of chemical classes in which controlled substance
analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines,
morphinans, ecgonines, quinazolinones, substituted indoles,
and arylcycloalkylamines. For purposes of this Act, a
controlled substance analog shall be treated in the same manner
as the controlled substance to which it is substantially
similar.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsections
(c) and (d) to the contrary, is guilty of a Class 1 felony and
shall, if sentenced to a term of imprisonment, be sentenced as
provided in this subsection (a) and fined as provided in
subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing heroin;
(D) not less than 10 years and not more than 50
years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than 50
years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of any substance containing morphine;
(C) not less than 6 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing morphine;
(D) not less than 10 years and not more than 50
years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine;
(6.5) (blank);
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
15 or more objects or 15 or more segregated parts of an
object or objects but less than 200 objects or 200
segregated parts of an object or objects containing in
them or having upon them any amount of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but less
than 400 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
200 or more objects or 200 or more segregated parts of
an object or objects but less than 600 objects or less
than 600 segregated parts of an object or objects
containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but less
than 900 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
600 or more objects or 600 or more segregated parts of
an object or objects but less than 1500 objects or 1500
segregated parts of an object or objects containing in
them or having upon them any amount of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(D) not less than 10 years and not more than 50
years with respect to: (i) 900 grams or more of any
substance containing lysergic acid diethylamide (LSD),
or an analog thereof, or (ii) 1500 or more objects or
1500 or more segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 15 or more pills, tablets, caplets, capsules, or
objects but less than 200 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but less
than 400 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 200 or more pills, tablets, caplets, capsules, or
objects but less than 600 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but less
than 900 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 600 or more pills, tablets, caplets, capsules, or
objects but less than 1,500 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(D) not less than 10 years and not more than 50
years with respect to: (i) 900 grams or more of any
substance listed in paragraph (1), (2), (2.1), (2.2),
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine;
(11) 200 grams or more of any substance containing any
substance classified as a narcotic drug in Schedules I or
II, or an analog thereof, which is not otherwise included
in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not to exceed $200,000 or the full street value
of the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure of
1963. Any person sentenced with respect to any other provision
of subsection (a), may in addition to the penalties provided
therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to an
amount of a controlled substance other than methamphetamine or
counterfeit substance not set forth in subsection (a) or (d) is
guilty of a Class 4 felony. The fine for a violation punishable
under this subsection (c) shall not be more than $25,000.
(d) Any person who violates this Section with regard to any
amount of anabolic steroid is guilty of a Class C misdemeanor
for the first offense and a Class B misdemeanor for a
subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 99-371, eff. 1-1-16.)
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