Bill Text: IL HB4796 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that, if any substance, scheduled as a Schedule I controlled substance by the United States Drug Enforcement Administration, is rescheduled for the purpose of treating mental health disorders, including, but not limited to, anxiety, depression, and post traumatic stress disorder, the Department of Human Services shall reschedule the substance accordingly within 30 days from the publication in the Federal Register of the final order rescheduling the substance.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-02-06 - Referred to Rules Committee [HB4796 Detail]

Download: Illinois-2025-HB4796-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4796 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
720 ILCS 570/201 from Ch. 56 1/2, par. 1201
Amends the Illinois Controlled Substances Act. Provides that, if any substance, scheduled as a Schedule I controlled substance by the United States Drug Enforcement Administration, is rescheduled for the purpose of treating mental health disorders, including, but not limited to, anxiety, depression, and post traumatic stress disorder, the Department of Human Services shall reschedule the substance accordingly within 30 days from the publication in the Federal Register of the final order rescheduling the substance.
LRB104 16241 RLC 29625 b
A BILL FOR
HB4796 LRB104 16241 RLC 29625 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 Section 201 as follows:
(720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
Sec. 201. (a) The Department shall carry out the
provisions of this Article. The Department or its successor
agency may, by administrative rule, add additional substances
to or delete or reschedule all controlled substances in the
Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
In making a determination regarding the addition, deletion, or
rescheduling of a substance, the Department shall consider the
following:
(1) the actual or relative potential for misuse;
(2) the scientific evidence of its pharmacological
effect, if known;
(3) the state of current scientific knowledge
regarding the substance;
(4) the history and current pattern of misuse;
(5) the scope, duration, and significance of misuse;
(6) the risk to the public health;
(7) the potential of the substance to produce

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psychological or physiological dependence or a substance
use disorder;
(8) whether the substance is an immediate precursor of
a substance already controlled under this Article;
(9) the immediate harmful effect in terms of
potentially fatal dosage; and
(10) the long-range effects in terms of permanent
health impairment.
(b) (Blank).
(c) (Blank).
(d) If any substance is scheduled, rescheduled, or deleted
as a controlled substance under Federal law and notice thereof
is given to the Department, the Department shall similarly
control the substance under this Act after the expiration of
30 days from publication in the Federal Register of a final
order scheduling a substance as a controlled substance or
rescheduling or deleting a substance, unless within that 30
day period the Department objects, or a party adversely
affected files with the Department substantial written
objections objecting to inclusion, rescheduling, or deletion.
In that case, the Department shall publish the reasons for
objection or the substantial written objections and afford all
interested parties an opportunity to be heard. At the
conclusion of the hearing, the Department shall publish its
decision, by means of a rule, which shall be final unless
altered by statute. Upon publication of objections by the

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Department, similar control under this Act whether by
inclusion, rescheduling or deletion is stayed until the
Department publishes its ruling.
(d-1) If any substance, scheduled as a Schedule I
controlled substance by the Administration, is rescheduled for
the purpose of treating mental health disorders, including,
but not limited to, anxiety, depression, and post traumatic
stress disorder, the Department shall reschedule the substance
accordingly within 30 days from the publication in the Federal
Register of the final order rescheduling the substance.
(e) (Blank).
(f) (Blank).
(g) Authority to control under this Section does not
extend to distilled spirits, wine, malt beverages, or tobacco
as those terms are defined or used in the Liquor Control Act of
1934 and the Tobacco Products Tax Act of 1995.
(h) Persons registered with the Drug Enforcement
Administration to manufacture or distribute controlled
substances shall maintain adequate security and provide
effective controls and procedures to guard against theft and
diversion, but shall not otherwise be required to meet the
physical security control requirements (such as cage or vault)
for Schedule V controlled substances containing
pseudoephedrine or Schedule II controlled substances
containing dextromethorphan.
(Source: P.A. 103-881, eff. 1-1-25.)