Bill Text: IL SB3502 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that substances containing ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, are Schedule III controlled substances and require a prescription.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3502 Detail]

Download: Illinois-2013-SB3502-Amended.html

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Sen. David Koehler

Filed: 5/1/2014

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AMENDMENT TO SENATE BILL 3502
AMENDMENT NO. ______. Amend Senate Bill 3502 by replacing
everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by adding Section
5-1140 as follows:
(55 ILCS 5/5-1140 new)
Sec. 5-1140. Ephedrine and pseudoephedrine.
(a) Notwithstanding any provision of law to the contrary,
the county board or board of county commissioners of a county
may by ordinance provide that products containing any amount of
ephedrine or pseudoephedrine may only be dispensed pursuant to
the prescription order of a practitioner, regardless of whether
the product in question is marketed as an over-the-counter drug
product. Upon the adoption of such an ordinance, products
containing any amount of ephedrine or pseudoephedrine may be
dispensed in that county only pursuant to Sections 312 and 313

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of the Illinois Controlled Substances Act, without regard to
the corporate limits of any municipality.
(b) In a county where an ordinance has been adopted under
this Section, a person who, on or after the effective date of
the ordinance, receives a product containing any amount of
ephedrine or pseudoephedrine that was dispensed other than
pursuant to the prescription order of a practitioner shall be
guilty of a Class A misdemeanor for a first offense, and a
Class 4 felony for a second or subsequent offense.
(c) A home rule unit may not regulate ephedrine or
pseudoephedrine in a manner inconsistent with this Section or
with an ordinance adopted under this Section. This subsection
(c) is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(d) For purposes of this Section:
"Dispense", "practitioner", and "prescription" have the
meanings provided in Section 102 of the Illinois Controlled
Substances Act.
"Over-the-counter drug product" means a drug that is, apart
from the adoption of an ordinance under this Section, 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.

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Section 10. The Illinois Controlled Substances Act is
amended by adding Section 604 as follows:
(720 ILCS 570/604 new)
Sec. 604. Ephedrine and pseudoephedrine; county
ordinances.
(a) Notwithstanding any provision of law to the contrary,
in those counties that have by ordinance restricted sales of
ephedrine and pseudoephedrine under Section 5-1140 of the
Counties Code, no product containing any amount of ephedrine or
pseudoephedrine may be dispensed other than pursuant to a
prescription order of a practitioner, regardless of whether the
product in question is marketed as an over-the-counter drug
product. Upon the adoption of such an ordinance, products
containing any amount of ephedrine or pseudoephedrine may be
dispensed in that county only pursuant to Sections 312 and 313
of this Act, without regard to the corporate limits of any
municipality.
(b) In a county where an ordinance has been adopted under
Section 5-1140 of the Counties Code, a person who, on or after
the effective date of the ordinance, receives a product
containing any amount of ephedrine or pseudoephedrine that was
dispensed other than pursuant to the prescription order of a
practitioner shall be guilty of a Class A misdemeanor for a
first offense, and a Class 4 felony for a second or subsequent
offense.

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(c) A home rule unit may not regulate ephedrine or
pseudoephedrine in a manner inconsistent with this Section or
with an ordinance adopted under this Section. This subsection
(c) is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(d) For the purposes of this Section, "over-the-counter
drug product" means a drug that is, apart from the adoption of
an ordinance under Section 5-1140 of the Counties Code,
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.
Section 15. The Methamphetamine Precursor Control Act is
amended by changing Sections 20 and 25 as follows:
(720 ILCS 648/20)
Sec. 20. Restrictions on purchase, receipt, or
acquisition.
(a) Except as provided in subsection (e) of this Section,
any person 18 years of age or older wishing to purchase,
receive, or otherwise acquire a targeted methamphetamine
precursor shall, prior to taking possession of the targeted
methamphetamine precursor:
(1) provide a driver's license or other

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government-issued identification showing the person's
name, date of birth, and photograph; and
(2) sign a log documenting the name and address of the
person, date and time of the transaction, and brand and
product name and total quantity distributed of ephedrine or
pseudoephedrine, their salts, or optical isomers, or salts
of optical isomers.
(b) Except as provided in subsection (e) of this Section,
no person shall knowingly purchase, receive, or otherwise
acquire, within any 30-day period products containing more than
a total of 7,500 milligrams of ephedrine or pseudoephedrine,
their salts or optical isomers, or salts of optical isomers.
(c) Except as provided in subsections (d) and (e) of this
Section, no person shall knowingly purchase, receive, or
otherwise acquire more than 2 targeted packages in a single
retail transaction.
(d) Except as provided in subsection (e) of this Section,
no person shall knowingly purchase, receive, or otherwise
acquire more than one convenience package from a retail
location other than a pharmacy counter in a 24-hour period.
(e) This Section shall not apply to any person who
purchases, receives, or otherwise acquires a targeted
methamphetamine precursor for the purpose of dispensing,
distributing, or administering it in a lawful manner described
in subsection (e) of Section 15 of this Act.
(f) A person shall not knowingly procure a targeted

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methamphetamine precursor for a third party for the purpose of
evading this Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act.
(g) This Section is also subject to the limitations of
ordinances adopted under Section 5-1140 of the Counties Code.
(Source: P.A. 98-371, eff. 8-16-13.)
(720 ILCS 648/25)
Sec. 25. Pharmacies.
(a) No targeted methamphetamine precursor may be knowingly
distributed through a pharmacy, including a pharmacy located
within, owned by, operated by, or associated with a retail
distributor unless all terms of this Section are satisfied.
If a county has adopted an ordinance under Section 5-1140
of the Counties Code, then no methamphetamine precursor
containing ephedrine or pseudoephedrine may be dispensed under
this Section unless the requirements of Sections 312 and 313 of
the Illinois Controlled Substances Act have also been met.
(b) Any targeted methamphetamine precursor other than a
convenience package or a liquid, including but not limited to
any targeted methamphetamine precursor in liquid-filled
capsules, shall: be packaged in blister packs, with each
blister containing not more than 2 dosage units, or when the
use of blister packs is technically infeasible, in unit dose
packets. Each targeted package shall contain no more than 3,000
milligrams of ephedrine or pseudoephedrine, their salts or

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optical isomers, or salts of optical isomers.
(c) The targeted methamphetamine precursor shall be stored
behind the pharmacy counter and distributed by a pharmacist or
pharmacy technician licensed under the Pharmacy Practice Act,
or by an agent of the pharmacist or pharmacy technician.
(d) Any retail distributor operating a pharmacy, and any
pharmacist or pharmacy technician involved in the transaction
or transactions, shall ensure that any person purchasing,
receiving, or otherwise acquiring the targeted methamphetamine
precursor complies with subsection (a) of Section 20 of this
Act.
(e) Any retail distributor operating a pharmacy, and any
pharmacist or pharmacy technician involved in the transaction
or transactions, shall verify that:
(1) The person purchasing, receiving, or otherwise
acquiring the targeted methamphetamine precursor is 18
years of age or older and resembles the photograph of the
person on the government-issued identification presented
by the person; and
(2) The name entered into the log referred to in
subsection (a) of Section 20 of this Act corresponds to the
name on the government-issued identification presented by
the person.
(f) The logs referred to in subsection (a) of Section 20 of
this Act shall be kept confidential, maintained for not less
than 4 years, and made available for inspection and copying by

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any law enforcement officer upon request of that officer. These
logs shall be kept in an electronic format as required by the
Methamphetamine Precursor Tracking Act.
(g) No retail distributor operating a pharmacy, and no
pharmacist or pharmacy technician, shall knowingly distribute
any targeted methamphetamine precursor to any person under 18
years of age.
(h) No retail distributor operating a pharmacy, and no
pharmacist or pharmacy technician, shall knowingly distribute
to a single person more than 2 targeted packages in a single
retail transaction.
(i) No retail distributor operating a pharmacy, and no
pharmacist or pharmacy technician, shall knowingly distribute
to a single person in any 30-day period products containing
more than a total of 7,500 milligrams of ephedrine or
pseudoephedrine, their salts or optical isomers, or salts of
optical isomers.
(j) A pharmacist or pharmacy technician may distribute a
targeted methamphetamine precursor to a person who is without a
form of identification specified in paragraph (1) of subsection
(a) of Section 20 of this Act only if all other provisions of
this Act are followed and either:
(1) the person presents a driver's license issued
without a photograph by the State of Illinois pursuant to
the Illinois Administrative Code, Title 92, Section
1030.90(b)(1) or 1030.90(b)(2); or

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(2) the person is known to the pharmacist or pharmacy
technician, the person presents some form of
identification, and the pharmacist or pharmacy technician
reasonably believes that the targeted methamphetamine
precursor will be used for a legitimate medical purpose and
not to manufacture methamphetamine.
(k) When a pharmacist or pharmacy technician distributes a
targeted methamphetamine precursor to a person according to the
procedures set forth in this Act, and the pharmacist or
pharmacy technician does not have access to a working cash
register at the pharmacy counter, the pharmacist or pharmacy
technician may instruct the person to pay for the targeted
methamphetamine precursor at a cash register located elsewhere
in the retail establishment, whether that register is operated
by a pharmacist, pharmacy technician, or other employee or
agent of the retail establishment.
(Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.".