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| Public Act 097-0997
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| HB5250 Enrolled | LRB097 18577 RLC 63809 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is |
amended by changing Section 401 as follows:
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(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
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Sec. 401. 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, 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
which is intended for human |
consumption, other than a controlled substance,
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, |
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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.
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(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):
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(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;
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(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;
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(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;
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(D) not less than 15 years and not more than 60 |
years with respect to
900 grams or more of any |
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substance containing heroin, or an analog thereof;
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(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;
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(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;
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(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;
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(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;
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(C) not less than 12 years and not more than 50 |
years with respect to
400 grams or more but less than |
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900 grams of a substance containing cocaine,
or an |
analog thereof;
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(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;
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(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;
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(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;
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(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;
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(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;
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(4) 200 grams or more of any substance containing |
peyote, or an
analog thereof;
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(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;
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(6) 200 grams or more of any substance containing |
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amphetamine
or any salt of an optical isomer of |
amphetamine,
or an analog thereof;
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(6.5) (blank);
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(6.6) (blank);
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(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
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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
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containing lysergic acid diethylamide (LSD), or an |
analog thereof;
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(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
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containing in them or having upon them any amount of |
any substance
containing lysergic acid diethylamide |
(LSD), or an analog thereof;
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(C) not less than 12 years and not more than 50 |
years with respect
to: (i) 400 grams or more but less |
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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
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containing lysergic acid diethylamide (LSD), or an |
analog thereof;
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(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
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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;
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(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),
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(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
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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), |
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(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;
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(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
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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;
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(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), |
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(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;
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(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,
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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;
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(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;
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(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;
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(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;
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(10.5) 30 grams or more of any substance containing |
ketamine
or any of the salts, isomers and salts of isomers |
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of ketamine,
or an analog thereof;
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(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) 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;
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(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.
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(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 |
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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.
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(c) Any person who violates this Section with regard to the
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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:
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(1) 1 gram or more but less than 15 grams of any
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substance containing heroin, or an analog thereof;
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(1.5) 1 gram or more but less than 15 grams of any |
substance containing fentanyl, or an analog thereof;
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(2) 1 gram or more but less than 15
grams of any |
substance containing cocaine, or an analog thereof;
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(3) 10 grams or more but less than 15 grams of any |
substance
containing morphine, or an analog thereof;
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(4) 50 grams or more but less than 200 grams of any |
substance
containing peyote, or an analog thereof;
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(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;
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(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;
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(6.5) (blank);
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(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;
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(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
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upon them any amount of any substance listed in paragraph |
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(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;
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(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;
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(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;
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(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;
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(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;
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(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) 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; |
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(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;
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(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.
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(c-5) (Blank).
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(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
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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
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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.
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(d-5) (Blank).
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(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
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Schedule I or II, or an analog thereof, which substance is not
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included under subsection (d) of this Section, is
guilty of a |
Class 3 felony. The fine for violation of this subsection (e)
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shall not be more than $150,000.
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(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.
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(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.
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(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.
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(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 |
