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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3210 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
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Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person knowingly and unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it is a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Provides that in addition to any other penalties imposed, not less than 6 years and not more than 30 years shall be imposed with respect to any amount of carfentanil or fentanyl, or any analog thereof, in excess of 150 milligrams that is stored or transmitted as a powder, blotter paper, tablet, patch, or spray. Provides that in addition to any other penalties imposed, with respect to fentanyl, or an analog thereof, an additional sentence of 5 years shall be imposed if the fentanyl or analog thereof is in a form that resembles, or was mixed, granulated, absorbed, adsorbed, spray-dried, aerosolized as or onto, coated on in whole or in part, or solubilized with or into, a product, where the product or its packaging further has at least one of the following attributes:
(1) a resemblance to the trade dress of a consumer food product, branded food product, or logo food product, or incorporates an actual or satirical version of a registered trademark, service mark, or copyright;
(2) a bright color or coloring scheme;
(3) the appearance of a cereal, candy, vitamin, gummy, or chewable product such as a gum or gelatin-based product; (4) a cartoon character imprint; or (5) incorporation into a separate product or package approved by the United States Food and Drug Administration, or approved by a regulatory agency for food or drug products in another country, if the addition of fentanyl, carfentanil, or any analog thereof, would render the approved product an adulterated product under the standards of the Federal Food, Drug, and Cosmetic Act, or any law of this State or administrative rule.
Defines "electronic communication device".
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| | A BILL FOR |
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| | HB3210 | | LRB103 26188 RLC 52547 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Controlled Substances Act is |
5 | | amended by changing Sections 401 and 401.1 as follows:
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6 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
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7 | | Sec. 401. Manufacture or delivery, or possession with |
8 | | intent to
manufacture or deliver, a controlled substance, a |
9 | | counterfeit substance, or controlled substance analog. Except |
10 | | as authorized by this Act, it is unlawful for any
person |
11 | | knowingly to manufacture or deliver, or possess with intent to
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12 | | manufacture or deliver, a controlled substance other than |
13 | | methamphetamine and other than bath salts as defined in the |
14 | | Bath Salts Prohibition Act sold or offered for sale in a retail |
15 | | mercantile establishment as defined in Section 16-0.1 of the |
16 | | Criminal Code of 2012, a counterfeit substance, or a |
17 | | controlled
substance analog. A violation of this Act with |
18 | | respect to each of the controlled
substances listed herein |
19 | | constitutes a single and separate violation of this
Act. For |
20 | | purposes of this Section, "controlled substance analog" or |
21 | | "analog"
means a substance, other than a controlled substance, |
22 | | which is not approved by the United States Food and Drug |
23 | | Administration or, if approved, is not dispensed or possessed |
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| | HB3210 | - 2 - | LRB103 26188 RLC 52547 b |
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1 | | in accordance with State or federal law, and that has a |
2 | | chemical structure substantially similar to that of a |
3 | | controlled
substance in Schedule I or II, or that was |
4 | | specifically designed to produce
an effect substantially |
5 | | similar to that of a controlled substance in Schedule
I or II. |
6 | | Examples of chemical classes in which controlled substance |
7 | | analogs
are found include, but are not limited to, the |
8 | | following: phenethylamines,
N-substituted piperidines, |
9 | | morphinans, ecgonines, quinazolinones, substituted
indoles, |
10 | | and arylcycloalkylamines. For purposes of this Act, a |
11 | | controlled
substance analog shall be treated in the same |
12 | | manner as the controlled
substance to which it is |
13 | | substantially similar.
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14 | | (a) Any person who violates this Section with respect to |
15 | | the following
amounts of controlled or counterfeit substances |
16 | | or controlled substance
analogs, notwithstanding any of the |
17 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the |
18 | | contrary, is guilty of a Class X felony
and shall be sentenced |
19 | | to a term of imprisonment as provided in this subsection
(a) |
20 | | and fined as provided in subsection (b):
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21 | | (1)(A) not less than 6 years and not more than 30 years |
22 | | with respect
to 15 grams or more but less than 100 grams of |
23 | | a substance containing
heroin, or an analog thereof;
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24 | | (B) not less than 9 years and not more than 40 years |
25 | | with respect to 100
grams or more but less than 400 grams |
26 | | of a substance containing heroin, or
an analog thereof;
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| | HB3210 | - 3 - | LRB103 26188 RLC 52547 b |
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1 | | (C) not less than 12 years and not more than 50 years |
2 | | with respect to
400 grams or more but less than 900 grams |
3 | | of a substance containing heroin,
or an analog thereof;
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4 | | (D) not less than 15 years and not more than 60 years |
5 | | with respect to
900 grams or more of any substance |
6 | | containing heroin, or an analog thereof;
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7 | | (1.5)(A) not less than 6 years and not more than 30 |
8 | | years with respect to 15 grams or more but less than 100 |
9 | | grams of a substance containing fentanyl, or an analog |
10 | | thereof; |
11 | | (B) not less than 9 years and not more than 40 years |
12 | | with respect to 100 grams or more but less than 400 grams |
13 | | of a substance containing fentanyl, or an analog thereof; |
14 | | (C) not less than 12 years and not more than 50 years |
15 | | with respect to 400 grams or more but less than 900 grams |
16 | | of a substance containing fentanyl, or an analog thereof; |
17 | | (D) not less than 15 years and not more than 60 years |
18 | | with respect to 900 grams or more of a substance |
19 | | containing fentanyl, or an analog thereof; |
20 | | (2)(A) not less than 6 years and not more than 30 years |
21 | | with respect
to 15 grams or more but less than 100 grams of |
22 | | a substance containing
cocaine, or an analog thereof;
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23 | | (B) not less than 9 years and not more than 40 years |
24 | | with respect to 100
grams or more but less than 400 grams |
25 | | of a substance containing cocaine, or
an analog thereof;
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26 | | (C) not less than 12 years and not more than 50 years |
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| | HB3210 | - 4 - | LRB103 26188 RLC 52547 b |
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1 | | with respect to
400 grams or more but less than 900 grams |
2 | | of a substance containing cocaine,
or an analog thereof;
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3 | | (D) not less than 15 years and not more than 60 years |
4 | | with respect to
900 grams or more of any substance |
5 | | containing cocaine, or an analog thereof;
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6 | | (3)(A) not less than 6 years and not more than 30 years |
7 | | with respect
to 15 grams or more but less than 100 grams of |
8 | | a substance containing
morphine, or an analog thereof;
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9 | | (B) not less than 9 years and not more than 40 years |
10 | | with respect to
100 grams or more but less than 400 grams |
11 | | of a substance containing morphine,
or an analog thereof;
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12 | | (C) not less than 12 years and not more than 50 years |
13 | | with respect to
400 grams or more but less than 900 grams |
14 | | of a substance containing
morphine, or an analog thereof;
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15 | | (D) not less than 15 years and not more than 60 years |
16 | | with respect to
900 grams or more of a substance |
17 | | containing morphine, or an analog thereof;
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18 | | (4) 200 grams or more of any substance containing |
19 | | peyote, or an
analog thereof;
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20 | | (5) 200 grams or more of any substance containing a |
21 | | derivative of
barbituric acid or any of the salts of a |
22 | | derivative of barbituric acid, or
an analog thereof;
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23 | | (6) 200 grams or more of any substance containing |
24 | | amphetamine
or any salt of an optical isomer of |
25 | | amphetamine,
or an analog thereof;
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26 | | (6.5) (blank);
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| | HB3210 | - 5 - | LRB103 26188 RLC 52547 b |
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1 | | (6.6) (blank);
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2 | | (7)(A) not less than 6 years and not more than 30 years |
3 | | with respect
to: (i) 15 grams or more but less than 100 |
4 | | grams of a substance containing
lysergic acid diethylamide |
5 | | (LSD), or an analog thereof, or (ii) 15 or
more objects or |
6 | | 15 or more segregated parts of an object or objects but
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7 | | less than 200 objects or 200 segregated parts of an object |
8 | | or objects
containing in them or having upon them any |
9 | | amounts of any substance
containing lysergic acid |
10 | | diethylamide (LSD), or an analog thereof;
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11 | | (B) not less than 9 years and not more than 40 years |
12 | | with respect
to: (i) 100 grams or more but less than 400 |
13 | | grams of a substance containing
lysergic acid diethylamide |
14 | | (LSD), or an analog thereof, or (ii) 200 or more
objects or |
15 | | 200 or more segregated parts of an object or objects but |
16 | | less
than 600 objects or less than 600 segregated parts of |
17 | | an object or objects
containing in them or having upon |
18 | | them any amount of any substance
containing lysergic acid |
19 | | diethylamide (LSD), or an analog thereof;
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20 | | (C) not less than 12 years and not more than 50 years |
21 | | with respect
to: (i) 400 grams or more but less than 900 |
22 | | grams of a substance containing
lysergic acid diethylamide |
23 | | (LSD), or an analog thereof, or (ii) 600 or more
objects or |
24 | | 600 or more segregated parts of an object or objects but |
25 | | less
than 1500 objects or 1500 segregated parts of an |
26 | | object or objects
containing in them or having upon them |
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| | HB3210 | - 6 - | LRB103 26188 RLC 52547 b |
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1 | | any amount of any substance
containing lysergic acid |
2 | | diethylamide (LSD), or an analog thereof;
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3 | | (D) not less than 15 years and not more than 60 years |
4 | | with respect
to: (i) 900 grams or more of any substance |
5 | | containing lysergic acid
diethylamide (LSD), or an analog |
6 | | thereof, or (ii) 1500 or more objects or
1500 or more |
7 | | segregated parts of an object or objects containing in |
8 | | them or
having upon them any amount of a substance |
9 | | containing lysergic acid
diethylamide (LSD), or an analog |
10 | | thereof;
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11 | | (7.5)(A) not less than 6 years and not more than 30 years |
12 | | with respect
to:
(i) 15
grams or more but less than 100 |
13 | | grams of a substance listed in paragraph (1),
(2), (2.1), |
14 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
15 | | (26) of subsection
(d) of Section 204, or an analog or |
16 | | derivative thereof, or (ii) 15 or more
pills, tablets, |
17 | | caplets, capsules, or objects but less than 200 pills, |
18 | | tablets,
caplets, capsules, or objects containing in them |
19 | | or having upon them any
amounts of any substance listed in |
20 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), |
21 | | (20.1), (21), (25), or (26) of subsection (d) of Section |
22 | | 204, or
an analog or derivative thereof;
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23 | | (B) not less than 9 years and not more than 40 years |
24 | | with respect to:
(i) 100 grams or more but less than 400 |
25 | | grams of a substance listed in
paragraph (1), (2), (2.1), |
26 | | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or |
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| | HB3210 | - 7 - | LRB103 26188 RLC 52547 b |
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1 | | (26) of subsection (d) of Section 204, or an analog or
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2 | | derivative thereof, or (ii) 200 or more pills, tablets, |
3 | | caplets, capsules, or
objects but less than 600 pills, |
4 | | tablets, caplets, capsules, or objects
containing in them |
5 | | or having upon them any amount of any substance listed in
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6 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
7 | | (20.1), (21), (25), or (26)
of subsection (d) of Section |
8 | | 204, or an analog or derivative thereof;
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9 | | (C) not less than 12 years and not more than 50 years |
10 | | with respect to:
(i) 400 grams or more but less than 900 |
11 | | grams of a substance listed in
paragraph (1), (2), (2.1), |
12 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
13 | | (26)
of subsection (d) of Section 204, or an analog or |
14 | | derivative thereof,
or (ii) 600 or more pills, tablets, |
15 | | caplets, capsules, or objects but less than
1,500 pills, |
16 | | tablets, caplets, capsules, or objects
containing in them |
17 | | or having upon them any amount of any substance listed in
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18 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
19 | | (20.1), (21), (25), or (26)
of subsection (d) of Section |
20 | | 204, or an analog or derivative thereof;
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21 | | (D) not less than 15 years and not more than 60 years |
22 | | with respect to:
(i) 900 grams or more of any substance |
23 | | listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), |
24 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) |
25 | | of
Section 204, or an analog or derivative thereof, or |
26 | | (ii) 1,500 or more pills,
tablets, caplets, capsules, or |
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| | HB3210 | - 8 - | LRB103 26188 RLC 52547 b |
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1 | | objects containing in them or having upon them
any amount
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2 | | of a substance listed in paragraph (1), (2), (2.1), (2.2), |
3 | | (3), (14.1), (19),
(20), (20.1), (21), (25), or (26)
of |
4 | | subsection (d) of Section 204, or an analog or derivative |
5 | | thereof;
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6 | | (8) 30 grams or more of any substance containing |
7 | | pentazocine or any of
the salts, isomers and salts of |
8 | | isomers of pentazocine, or an analog thereof;
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9 | | (9) 30 grams or more of any substance containing |
10 | | methaqualone or any of
the salts, isomers and salts of |
11 | | isomers of methaqualone, or an analog thereof;
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12 | | (10) 30 grams or more of any substance containing |
13 | | phencyclidine or any
of the salts, isomers and salts of |
14 | | isomers of phencyclidine (PCP),
or an analog thereof;
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15 | | (10.5) 30 grams or more of any substance containing |
16 | | ketamine
or any of the salts, isomers and salts of isomers |
17 | | of ketamine,
or an analog thereof;
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18 | | (10.6) 100 grams or more of any substance containing |
19 | | hydrocodone, or any of the salts, isomers and salts of |
20 | | isomers of hydrocodone, or an analog thereof; |
21 | | (10.7) (blank); |
22 | | (10.8) 100 grams or more of any substance containing |
23 | | dihydrocodeine, or any of the salts, isomers and salts of |
24 | | isomers of dihydrocodeine, or an analog thereof; |
25 | | (10.9) 100 grams or more of any substance containing |
26 | | oxycodone, or any of the salts, isomers and salts of |
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| | HB3210 | - 9 - | LRB103 26188 RLC 52547 b |
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1 | | isomers of oxycodone, or an analog thereof; |
2 | | (11) 200 grams or more of any substance containing any |
3 | | other controlled
substance classified in Schedules I or |
4 | | II, or an analog thereof, which is
not otherwise included |
5 | | in this subsection.
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6 | | (b) Any person sentenced with respect to violations of |
7 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
8 | | involving
100 grams or
more of the
controlled substance named |
9 | | therein, may in addition to the penalties
provided therein, be |
10 | | fined an amount not more than $500,000 or the full
street value |
11 | | of the controlled or counterfeit substance or controlled |
12 | | substance
analog, whichever is greater. The term "street |
13 | | value" shall have the
meaning ascribed in Section 110-5 of the |
14 | | Code of Criminal Procedure of
1963. Any person sentenced with |
15 | | respect to any other provision of
subsection (a), may in |
16 | | addition to the penalties provided therein, be fined
an amount |
17 | | not to exceed $500,000. |
18 | | (b-1) Excluding violations of this Act when the controlled |
19 | | substance is fentanyl, any person sentenced to a term of |
20 | | imprisonment with respect to violations of Section 401, 401.1, |
21 | | 405, 405.1, 405.2, or 407, when the substance containing the |
22 | | controlled substance contains any amount of fentanyl, 3 years |
23 | | shall be added to the term of imprisonment imposed by the |
24 | | court, and the maximum sentence for the offense shall be |
25 | | increased by 3 years.
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26 | | (c) Any person who violates this Section with regard to |
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| | HB3210 | - 10 - | LRB103 26188 RLC 52547 b |
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1 | | the
following amounts of controlled or counterfeit substances
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2 | | or controlled substance analogs, notwithstanding any of the |
3 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) |
4 | | to the
contrary, is guilty of a Class 1 felony. The fine for |
5 | | violation of this
subsection (c) shall not be more than |
6 | | $250,000:
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7 | | (1) 1 gram or more but less than 15 grams of any
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8 | | substance containing heroin, or an analog thereof;
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9 | | (1.5) 1 gram or more but less than 15 grams of any |
10 | | substance containing fentanyl, or an analog thereof; |
11 | | (2) 1 gram or more but less than 15
grams of any |
12 | | substance containing cocaine, or an analog thereof;
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13 | | (3) 10 grams or more but less than 15 grams of any |
14 | | substance
containing morphine, or an analog thereof;
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15 | | (4) 50 grams or more but less than 200 grams of any |
16 | | substance
containing peyote, or an analog thereof;
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17 | | (5) 50 grams or more but less than 200 grams of any |
18 | | substance
containing a derivative of barbituric acid or |
19 | | any of the salts of a
derivative of barbituric acid, or an |
20 | | analog thereof;
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21 | | (6) 50 grams or more but less than 200 grams of any |
22 | | substance
containing amphetamine or any salt of an optical |
23 | | isomer
of amphetamine, or an analog thereof;
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24 | | (6.5) (blank);
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25 | | (7)(i) 5 grams or more but less than 15 grams of any |
26 | | substance
containing lysergic acid diethylamide (LSD), or |
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| | HB3210 | - 11 - | LRB103 26188 RLC 52547 b |
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1 | | an analog thereof,
or (ii)
more than 10 objects or more |
2 | | than 10 segregated parts of an object or objects
but less |
3 | | than 15 objects or less than 15 segregated parts of an |
4 | | object
containing in them or having upon them any amount |
5 | | of any substance
containing lysergic acid diethylamide |
6 | | (LSD), or an analog thereof;
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7 | | (7.5)(i) 5 grams or more but less than 15 grams of any |
8 | | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), |
9 | | (14.1), (19), (20), (20.1), (21), (25), or
(26) of |
10 | | subsection (d) of Section 204, or an analog or derivative |
11 | | thereof, or
(ii) more than 10 pills, tablets, caplets, |
12 | | capsules, or objects but less than
15 pills, tablets, |
13 | | caplets, capsules, or objects containing in them or having
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14 | | upon them any amount of any substance listed in paragraph |
15 | | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), |
16 | | (21), (25), or (26) of subsection (d) of
Section 204, or an |
17 | | analog or derivative thereof;
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18 | | (8) 10 grams or more but less than 30 grams of any |
19 | | substance
containing pentazocine or any of the salts, |
20 | | isomers and salts of isomers of
pentazocine, or an analog |
21 | | thereof;
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22 | | (9) 10 grams or more but less than 30 grams of any |
23 | | substance
containing methaqualone or any of the salts, |
24 | | isomers and salts of isomers
of methaqualone, or an analog |
25 | | thereof;
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26 | | (10) 10 grams or more but less than 30 grams of any |
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| | HB3210 | - 12 - | LRB103 26188 RLC 52547 b |
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1 | | substance
containing phencyclidine or any of the salts, |
2 | | isomers and salts of isomers
of phencyclidine (PCP), or an |
3 | | analog thereof;
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4 | | (10.5) 10 grams or more but less than 30 grams of any |
5 | | substance
containing ketamine or any of the salts, isomers |
6 | | and salts of
isomers of ketamine, or an analog thereof;
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7 | | (10.6) 50 grams or more but less than 100 grams of any |
8 | | substance containing hydrocodone, or any of the salts, |
9 | | isomers and salts of isomers of hydrocodone, or an analog |
10 | | thereof; |
11 | | (10.7) (blank); |
12 | | (10.8) 50 grams or more but less than 100 grams of any |
13 | | substance containing dihydrocodeine, or any of the salts, |
14 | | isomers and salts of isomers of dihydrocodeine, or an |
15 | | analog thereof; |
16 | | (10.9) 50 grams or more but less than 100 grams of any |
17 | | substance containing oxycodone, or any of the salts, |
18 | | isomers and salts of isomers of oxycodone, or an analog |
19 | | thereof; |
20 | | (11) 50 grams or more but less than 200 grams of any |
21 | | substance
containing a substance classified in Schedules I |
22 | | or II, or an analog
thereof, which is not otherwise |
23 | | included in this subsection.
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24 | | (c-5) (Blank).
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25 | | (d) Any person who violates this Section with regard to |
26 | | any other
amount of a controlled or counterfeit substance |
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1 | | containing dihydrocodeine or classified in
Schedules I or II, |
2 | | or an analog thereof, which is (i) a narcotic
drug, (ii) |
3 | | lysergic acid diethylamide (LSD) or an analog thereof,
(iii) |
4 | | any
substance containing amphetamine or fentanyl or any salt |
5 | | or optical
isomer of amphetamine or fentanyl, or an analog |
6 | | thereof, or (iv) any
substance containing N-Benzylpiperazine |
7 | | (BZP) or any salt or optical
isomer of N-Benzylpiperazine |
8 | | (BZP), or an analog thereof, is guilty
of a Class 2 felony. The |
9 | | fine for violation of this subsection (d) shall
not be more |
10 | | than $200,000.
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11 | | (d-1) In addition to any other penalties provided by law, |
12 | | a person knowingly and unlawfully selling or dispensing any |
13 | | scheduled drug containing a detectable amount of fentanyl is |
14 | | guilty of a Class X felony and shall be sentenced to a term of |
15 | | imprisonment of not less than 9 years and not more than 40 |
16 | | years or fined not more than $250,000, or both. |
17 | | (d-2) In addition to any other penalties imposed under |
18 | | this Section, not less than 6 years and not more than 30 years |
19 | | shall be imposed with respect to any amount of carfentanil or |
20 | | fentanyl, or any analog thereof, in excess of 150 milligrams |
21 | | that is stored or transmitted as a powder, blotter paper, |
22 | | tablet, patch, or spray. |
23 | | (d-3) In addition to any other penalties imposed under |
24 | | this Section, with respect to fentanyl, or an analog thereof, |
25 | | an additional sentence of 5 years shall be imposed if the |
26 | | fentanyl or analog thereof is in a form that resembles, or was |
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| | HB3210 | - 14 - | LRB103 26188 RLC 52547 b |
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1 | | mixed, granulated, absorbed, adsorbed, spray-dried, |
2 | | aerosolized as or onto, coated on in whole or in part, or |
3 | | solubilized with or into, a product, where the product or its |
4 | | packaging further has at least one of the following |
5 | | attributes: |
6 | | (1) a resemblance to the trade dress of a consumer |
7 | | food product, branded food product, or logo food product, |
8 | | or incorporates an actual or satirical version of a |
9 | | registered trademark, service mark, or copyright; |
10 | | (2) a bright color or coloring scheme; |
11 | | (3) the appearance of a cereal, candy, vitamin, gummy, |
12 | | or chewable product such as a gum or gelatin-based |
13 | | product; |
14 | | (4) a cartoon character imprint; or |
15 | | (5) incorporation into a separate product or package |
16 | | approved by the United States Food and Drug |
17 | | Administration, or approved by a regulatory agency for |
18 | | food or drug products in another country, if the addition |
19 | | of fentanyl, carfentanil, or any analog thereof, would |
20 | | render the approved product an adulterated product under |
21 | | the standards of the Federal Food, Drug, and Cosmetic Act, |
22 | | or any law of this State or administrative rule. |
23 | | (d-5) (Blank).
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24 | | (e) Any person who violates this Section with regard to |
25 | | any other
amount of a controlled substance other than |
26 | | methamphetamine or counterfeit substance classified in
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1 | | Schedule I or II, or an analog thereof, which substance is not
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2 | | included under subsection (d) of this Section, is
guilty of a |
3 | | Class 3 felony. The fine for violation of this subsection (e)
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4 | | shall not be more than $150,000.
|
5 | | (f) Any person who violates this Section with regard to |
6 | | any other
amount of a controlled or counterfeit substance |
7 | | classified in
Schedule III is guilty of a Class 3 felony. The |
8 | | fine for violation of
this subsection (f) shall not be more |
9 | | than $125,000.
|
10 | | (g) Any person who violates this Section with regard to |
11 | | any other
amount of a controlled or counterfeit substance |
12 | | classified
in Schedule IV is guilty of a Class 3 felony. The |
13 | | fine for violation of
this subsection (g) shall not be more |
14 | | than $100,000.
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15 | | (h) Any person who violates this Section with regard to |
16 | | any other
amount of a controlled or counterfeit substance |
17 | | classified in
Schedule V is guilty of a Class 3 felony. The |
18 | | fine for violation of this
subsection (h) shall not be more |
19 | | than $75,000.
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20 | | (i) This Section does not apply to the manufacture, |
21 | | possession or
distribution of a substance in conformance with |
22 | | the provisions of an approved
new drug application or an |
23 | | exemption for investigational use within the
meaning of |
24 | | Section 505 of the Federal Food, Drug and Cosmetic Act.
|
25 | | (j) (Blank).
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26 | | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; |
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1 | | 100-368, eff. 1-1-18 .)
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2 | | (720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
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3 | | Sec. 401.1. Controlled Substance Trafficking.
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4 | | (a) Except for
purposes as authorized by this Act, any |
5 | | person who knowingly brings or
causes to be brought into this |
6 | | State for the purpose of manufacture or
delivery or with the |
7 | | intent to manufacture or deliver a controlled substance other |
8 | | than methamphetamine or
counterfeit substance in this or any |
9 | | other state or country is guilty
of controlled substance |
10 | | trafficking.
|
11 | | (b) A person convicted of controlled substance trafficking |
12 | | shall be
sentenced to a term of imprisonment not less than |
13 | | twice the minimum term
and fined an amount as authorized by |
14 | | Section 401 of this Act, based upon
the amount of controlled or |
15 | | counterfeit substance brought or caused to be
brought into |
16 | | this State, and not more than twice the maximum term of
|
17 | | imprisonment and fined twice the amount as authorized by |
18 | | Section 401 of
this Act, based upon the amount of controlled or |
19 | | counterfeit substance
brought or caused to be brought into |
20 | | this State.
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21 | | (c) It shall be a Class 2 felony for which a fine not to |
22 | | exceed
$100,000 may be imposed for any person to knowingly use |
23 | | a cellular radio
telecommunication device in the furtherance |
24 | | of controlled substance
trafficking. This penalty shall be in |
25 | | addition to any other penalties
imposed by law.
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1 | | (d) It shall be a Class 1 felony for which a fine not to |
2 | | exceed $100,000 may be imposed for any person to knowingly use |
3 | | an electronic communication device in the furtherance of |
4 | | controlled substance trafficking involving a substance |
5 | | containing any amount of fentanyl. This penalty shall be in |
6 | | addition to any other penalties imposed by law. For purposes |
7 | | of this subsection (d): |
8 | | "Computer" has the meaning ascribed to it in Section |
9 | | 17-0.5 of the Criminal Code of 2012. |
10 | | "Electronic communication device" means an electronic |
11 | | device, including, but not limited to, a wireless telephone, |
12 | | personal digital assistant, or a portable or mobile computer, |
13 | | that is capable of transmitting images or pictures. |
14 | | (Source: P.A. 94-556, eff. 9-11-05.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
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| 3 | | 720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 |
| 4 | | 720 ILCS 570/401.1 | from Ch. 56 1/2, par. 1401.1 |
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