Bill Text: IL SB3322 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that, in cases a controlled substance scheduled, rescheduled, or deleted as a controlled substance under federal law and notice is provided to the Department of Human Services and the Department does not take action within 30 days, at the conclusion of the 30th day the substance shall be considered scheduled, rescheduled, or deleted in the same manner as the federal law 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. Provides that all interested parties have an opportunity to be heard at a public hearing to be held no later than 45 days after the statement of objection. Provides that after the public hearing, the Department shall publish its decision within 14 days of the conclusion of the public hearing. Effective immediately.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Passed) 2026-08-07 - Public Act . . . . . . . . . 104-0819 [SB3322 Detail]

Download: Illinois-2025-SB3322-Enrolled.html

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AN ACT concerning regulation.
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. If the Department does
not take action within 30 days, at the conclusion of the 30-day
period the substance shall be considered scheduled,
rescheduled, or deleted in the same manner as the federal law,
unless within that 30-day 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

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parties an opportunity to be heard in a public hearing to be
held no later than 45 days after the statement of objection.
After At the public conclusion of the hearing, the Department
shall publish its decision within 14 days of the conclusion of
the public hearing, by means of a rule, which shall be final
unless altered by statute. Upon publication of objections by
the Department, similar control under this Act whether by
inclusion, rescheduling or deletion is stayed until the
Department publishes its ruling.
(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.)
Section 99. Effective date. This Act takes effect upon

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becoming law.