Bill Text: IL SB4202 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that, when any substance is scheduled, rescheduled, or deleted as a controlled substance under federal law and notice is given to the Department of Human Services and the Department does not similarly control the substance under the 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, the substance shall be considered scheduled, rescheduled, or deleted in the same manner as under federal law. Provides that after the public hearing to consider objections to the scheduling, rescheduling, or deletion of the controlled substance, 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. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-05-12 - Referred to Assignments [SB4202 Detail]

Download: Illinois-2025-SB4202-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB4202 Introduced 5/12/2026, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
720 ILCS 570/201 from Ch. 56 1/2, par. 1201
Amends the Illinois Controlled Substances Act. Provides that, when any substance is scheduled, rescheduled, or deleted as a controlled substance under federal law and notice is given to the Department of Human Services and the Department does not similarly control the substance under the 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, the substance shall be considered scheduled, rescheduled, or deleted in the same manner as under federal law. Provides that after the public hearing to consider objections to the scheduling, rescheduling, or deletion of the controlled substance, 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. Effective immediately.
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A BILL FOR
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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 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 under 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

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interested 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.