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Illinois Controlled Substances ActAs of February 5, 2010

CRIMINAL OFFENSES(720 ILCS 570/) Illinois Controlled Substances Act.

(720 ILCS 570/Art. I heading) ARTICLE I

(720 ILCS 570/100) (from Ch. 56 1/2,par. 1100) Sec. 100. Legislative intent. It is the intentof the General Assembly, recognizing therising incidence in the abuse of drugs andother dangerous substances and its resultantdamage to the peace, health, and welfare ofthe citizens of Illinois, to provide a systemof control over the distribution and use ofcontrolled substances which will moreeffectively: (1) limit access of suchsubstances only to those persons who havedemonstrated an appropriate sense ofresponsibility and have a lawful andlegitimate reason to possess them; (2) deterthe unlawful and destructive abuse ofcontrolled substances; (3) penalize mostheavily the illicit traffickers or profiteers ofcontrolled substances, who propagate andperpetuate the abuse of such substances withreckless disregard for its consumptiveconsequences upon every element ofsociety; (4) acknowledge the functional andconsequential differences between thevarious types of controlled substances andprovide for correspondingly differentdegrees of control over each of the varioustypes; (5) unify where feasible and codifythe efforts of this State to conform with theregulatory systems of the Federalgovernment and other states to establishnational coordination of efforts to controlthe abuse of controlled substances; and (6)provide law enforcement authorities with the

necessary resources to make this systemefficacious. It is not the intent of the GeneralAssembly to treat the unlawful user oroccasional petty distributor of controlledsubstances with the same severity as thelarge scale, unlawful purveyors andtraffickers of controlled substances.However, it is recognized that persons whoviolate this Act with respect to themanufacture, delivery, possession withintent to deliver, or possession of more thanone type of controlled substance listedherein may accordingly receive multipleconvictions and sentences under eachSection of this Act. To this end, guidelineshave been provided, along with a widelatitude in sentencing discretion, to enablethe sentencing court to order penalties ineach case which are appropriate for thepurposes of this Act. (Source: P.A. 89 404, eff. 8 20 95; 90 593,eff. 6 19 98.)

(720 ILCS 570/101) (from Ch. 56 1/2,par. 1101) Sec. 101. This Act shall be known as and may becited as the "Illinois Controlled SubstancesAct." (Source: P. A. 77 757.)

(720 ILCS 570/102) (from Ch. 56 1/2,par. 1102) Sec. 102. Definitions. As used in this Act,unless the context otherwise requires: (a) "Addict" means any person who

habitually uses any drug, chemical,substance or dangerous drug other thanalcohol so as to endanger the public morals,health, safety or welfare or who is so faraddicted to the use of a dangerous drug orcontrolled substance other than alcohol as tohave lost the power of self control withreference to his addiction. (b) "Administer" means the directapplication of a controlled substance,whether by injection, inhalation, ingestion,or any other means, to the body of a patient,research subject, or animal (as defined bythe Humane Euthanasia in Animal SheltersAct) by: (1) a practitioner (or, in his presence,by his authorized agent), (2) the patient or research subject at thelawful direction of the practitioner, or (3) a euthanasia technician as definedby the Humane Euthanasia in Animal Shelters Act. (c) "Agent" means an authorized personwho acts on behalf of or at the direction of amanufacturer, distributor, or dispenser. Itdoes not include a common or contractcarrier, public warehouseman or employeeof the carrier or warehouseman. (c 1) "Anabolic Steroids" means any drugor hormonal substance, chemically andpharmacologically related to testosterone(other than estrogens, progestins, andcorticosteroids) that promotes musclegrowth, and includes: (i) boldenone, (ii) chlorotestosterone, (iii) chostebol, (iv) dehydrochlormethyltestosterone, (v) dihydrotestosterone, (vi) drostanolone, (vii) ethylestrenol,

(viii) fluoxymesterone, (ix) formebulone, (x) mesterolone, (xi) methandienone, (xii) methandranone, (xiii) methandriol, (xiv) methandrostenolone, (xv) methenolone, (xvi) methyltestosterone, (xvii) mibolerone, (xviii) nandrolone, (xix) norethandrolone, (xx) oxandrolone, (xxi) oxymesterone, (xxii) oxymetholone, (xxiii) stanolone, (xxiv) stanozolol, (xxv) testolactone, (xxvi) testosterone, (xxvii) trenbolone, and (xxviii) any salt, ester, or isomer of adrug or substance described or listed in thisparagraph, if that salt, ester, or isomerpromotes muscle growth. Any person who is otherwise lawfully inpossession of an anabolic steroid, or whootherwise lawfully manufactures,distributes, dispenses, delivers, or possesseswith intent to deliver an anabolic steroid,which anabolic steroid is expressly intendedfor and lawfully allowed to be administeredthrough implants to livestock or othernonhuman species, and which is approvedby the Secretary of Health and HumanServices for such administration, and whichthe person intends to administer or haveadministered through such implants, shallnot be considered to be in unauthorizedpossession or to unlawfully manufacture,distribute, dispense, deliver, or possess withintent to deliver such anabolic steroid forpurposes of this Act. (d) "Administration" means the DrugEnforcement Administration, United States

Department of Justice, or its successoragency. (e) "Control" means to add a drug or othersubstance, or immediate precursor, to aSchedule under Article II of this Actwhether by transfer from another Scheduleor otherwise. (f) "Controlled Substance" means a drug,substance, or immediate precursor in theSchedules of Article II of this Act. (g) "Counterfeit substance" means acontrolled substance, which, or the containeror labeling of which, without authorizationbears the trademark, trade name, or otheridentifying mark, imprint, number or device,or any likeness thereof, of a manufacturer,distributor, or dispenser other than theperson who in fact manufactured,distributed, or dispensed the substance. (h) "Deliver" or "delivery" means theactual, constructive or attempted transfer ofpossession of a controlled substance, with orwithout consideration, whether or not thereis an agency relationship. (i) "Department" means the IllinoisDepartment of Human Services (assuccessor to the Department of Alcoholismand Substance Abuse) or its successoragency. (j) "Department of State Police" meansthe Department of State Police of the Stateof Illinois or its successor agency. (k) "Department of Corrections" meansthe Department of Corrections of the Stateof Illinois or its successor agency. (l) "Department of ProfessionalRegulation" means the Department ofProfessional Regulation of the State ofIllinois or its successor agency. (m) "Depressant" or "stimulant substance"means: (1) a drug which contains any quantityof (i) barbituric acid or any of the salts ofbarbituric acid which has been designated ashabit forming under section 502 (d) of the

Federal Food, Drug, and Cosmetic Act (21U.S.C. 352 (d)); or (2) a drug which contains any quantityof (i) amphetamine or methamphetamine andany of their optical isomers; (ii) any salt ofamphetamine or methamphetamine or anysalt of an optical isomer of amphetamine; or(iii) any substance which the Department,after investigation, has found to be, and byrule designated as, habit forming because ofits depressant or stimulant effect on thecentral nervous system; or (3) lysergic acid diethylamide; or (4) any drug which contains anyquantity of a substance which the Department, afterinvestigation, has found to have, and by ruledesignated as having, a potential for abusebecause of its depressant or stimulant effecton the central nervous system or itshallucinogenic effect. (n) (Blank). (o) "Director" means the Director of theDepartment of State Police or theDepartment of Professional Regulation orhis designated agents. (p) "Dispense" means to deliver acontrolled substance to an ultimate user orresearch subject by or pursuant to the lawfulorder of a prescriber, including theprescribing, administering, packaging,labeling, or compounding necessary toprepare the substance for that delivery. (q) "Dispenser" means a practitioner whodispenses. (r) "Distribute" means to deliver, otherthan by administering or dispensing, acontrolled substance. (s) "Distributor" means a person whodistributes. (t) "Drug" means (1) substancesrecognized as drugs in the official United

States Pharmacopoeia, OfficialHomeopathic Pharmacopoeia of the UnitedStates, or official National Formulary, orany supplement to any of them; (2)substances intended for use in diagnosis,cure, mitigation, treatment, or prevention ofdisease in man or animals; (3) substances(other than food) intended to affect thestructure of any function of the body of manor animals and (4) substances intended foruse as a component of any article specifiedin clause (1), (2), or (3) of this subsection. Itdoes not include devices or theircomponents, parts, or accessories. (t 5) "Euthanasia agency" means an entitycertified by the Department of ProfessionalRegulation for the purpose of animaleuthanasia that holds an animal controlfacility license or animal shelter licenseunder the Animal Welfare Act. A euthanasiaagency is authorized to purchase, store,possess, and utilize Schedule II nonnarcoticand Schedule III nonnarcotic drugs for thesole purpose of animal euthanasia. (t 10) "Euthanasia drugs" means ScheduleII or Schedule III substances (nonnarcoticcontrolled substances) that are used by aeuthanasia agency for the purpose of animaleuthanasia. (u) "Good faith" means the prescribing ordispensing of a controlled substance by apractitioner in the regular course ofprofessional treatment to or for any personwho is under his treatment for a pathologyor condition other than that individual'sphysical or psychological dependence uponor addiction to a controlled substance,except as provided herein: and applicationof the term to a pharmacist shall mean thedispensing of a controlled substancepursuant to the prescriber's order which inthe professional judgment of the pharmacistis lawful. The pharmacist shall be guided byaccepted professional standards including,but not limited to the following, in makingthe judgment:

(1) lack of consistency of doctor patient

relationship, (2) frequency of prescriptions for samedrug by one prescriber for large numbers of patients, (3) quantities beyond those normallyprescribed, (4) unusual dosages, (5) unusual geographic distancesbetween patient, pharmacist and prescriber, (6) consistent prescribing of habitforming drugs. (u 1) "Home infusion services" meansservices provided by a pharmacy incompounding solutions for directadministration to a patient in a privateresidence, long term care facility, or hospicesetting by means of parenteral, intravenous,intramuscular, subcutaneous, or intraspinalinfusion. (v) "Immediate precursor" means asubstance: (1) which the Department has found tobe and by rule designated as being a principalcompound used, or produced primarily foruse, in the manufacture of a controlledsubstance; (2) which is an immediate chemicalintermediary used or likely to be used in the manufacture ofsuch controlled substance; and (3) the control of which is necessary toprevent, curtail or limit the manufacture of suchcontrolled substance. (w) "Instructional activities" means theacts of teaching, educating or instructing by

practitioners using controlled substanceswithin educational facilities approved by theState Board of Education or its successoragency. (x) "Local authorities" means a dulyorganized State, County or Municipal peaceunit or police force. (y) "Look alike substance" means asubstance, other than a controlled substancewhich (1) by overall dosage unit appearance,including shape, color, size, markings orlack thereof, taste, consistency, or any otheridentifying physical characteristic of thesubstance, would lead a reasonable person tobelieve that the substance is a controlledsubstance, or (2) is expressly or impliedlyrepresented to be a controlled substance oris distributed under circumstances whichwould lead a reasonable person to believethat the substance is a controlled substance.For the purpose of determining whether therepresentations made or the circumstancesof the distribution would lead a reasonableperson to believe the substance to be acontrolled substance under this clause (2) ofsubsection (y), the court or other authoritymay consider the following factors inaddition to any other factor that may berelevant: (a) statements made by the owner orperson in control of the substance concerning its nature,use or effect; (b) statements made to the buyer orrecipient that the substance may be resold for profit; (c) whether the substance is packagedin a manner normally used for the illegal distributionof controlled substances; (d) whether the distribution orattempted distribution included an exchange of or

demand for money or other property asconsideration, and whether the amount ofthe consideration was substantially greaterthan the reasonable retail market value ofthe substance. Clause (1) of this subsection (y) shall notapply to a noncontrolled substance in itsfinished dosage form that was initiallyintroduced into commerce prior to the initialintroduction into commerce of a controlledsubstance in its finished dosage form whichit may substantially resemble. Nothing in this subsection (y) prohibitsthe dispensing or distributing ofnoncontrolled substances by personsauthorized to dispense and distributecontrolled substances under this Act,provided that such action would be deemedto be carried out in good faith undersubsection (u) if the substances involvedwere controlled substances. Nothing in this subsection (y) or in thisAct prohibits the manufacture, preparation,propagation, compounding, processing,packaging, advertising or distribution of adrug or drugs by any person registeredpursuant to Section 510 of the Federal Food,Drug, and Cosmetic Act (21 U.S.C. 360). (y 1) "Mail order pharmacy" means apharmacy that is located in a state of theUnited States, other than Illinois, thatdelivers, dispenses or distributes, throughthe United States Postal Service or othercommon carrier, to Illinois residents, anysubstance which requires a prescription. (z) "Manufacture" means the production,preparation, propagation, compounding,conversion or processing of a controlledsubstance other than methamphetamine,either directly or indirectly, by extractionfrom substances of natural origin, orindependently by means of chemicalsynthesis, or by a combination of extractionand chemical synthesis, and includes anypackaging or repackaging of the substance

or labeling of its container, except that thisterm does not include: (1) by an ultimate user, the preparationor compounding of a controlled substancefor his own use; or (2) by a practitioner, or his authorizedagent under his supervision, the preparation,compounding, packaging, or labeling of acontrolled substance: (a) as an incident to hisadministering or dispensing of a controlled substance inthe course of his professional practice; or (b) as an incident to lawful research,teaching or chemical analysis and not for sale. (z 1) (Blank). (aa) "Narcotic drug" means any of thefollowing, whether produced directly orindirectly by extraction from substances ofnatural origin, or independently by means ofchemical synthesis, or by a combination ofextraction and chemical synthesis: (1) opium and opiate, and any salt,compound, derivative, or preparation of opium oropiate; (2) any salt, compound, isomer,derivative, or preparation thereof which is chemicallyequivalent or identical with any of thesubstances referred to in clause (1), but notincluding the isoquinoline alkaloids ofopium; (3) opium poppy and poppy straw; (4) coca leaves and any salts,compound, isomer, salt of an isomer, derivative, or preparation of

coca leaves including cocaine or ecgonine,and any salt, compound, isomer, derivative,or preparation thereof which is chemicallyequivalent or identical with any of thesesubstances, but not including decocainizedcoca leaves or extractions of coca leaveswhich do not contain cocaine or ecgonine(for the purpose of this paragraph, the term"isomer" includes optical, positional andgeometric isomers). (bb) "Nurse" means a registered nurselicensed under the Nurse Practice Act. (cc) (Blank). (dd) "Opiate" means any substancehaving an addiction forming or addictionsustaining liability similar to morphine orbeing capable of conversion into a drughaving addiction forming or addictionsustaining liability. (ee) "Opium poppy" means the plant ofthe species Papaver somniferum L., exceptits seeds. (ff) "Parole and Pardon Board" means theParole and Pardon Board of the State ofIllinois or its successor agency. (gg) "Person" means any individual,corporation, mail order pharmacy,government or governmental subdivision oragency, business trust, estate, trust,partnership or association, or any otherentity. (hh) "Pharmacist" means any person whoholds a license or certificate of registrationas a registered pharmacist, a local registeredpharmacist or a registered assistantpharmacist under the Pharmacy PracticeAct. (ii) "Pharmacy" means any store, ship orother place in which pharmacy is authorizedto be practiced under the Pharmacy PracticeAct. (jj) "Poppy straw" means all parts, exceptthe seeds, of the opium poppy, aftermowing. (kk) "Practitioner" means a physician

licensed to practice medicine in all itsbranches, dentist, optometrist, podiatrist,veterinarian, scientific investigator,pharmacist, physician assistant, advancedpractice nurse, licensed practical nurse,registered nurse, hospital, laboratory, orpharmacy, or other person licensed,registered, or otherwise lawfully permittedby the United States or this State todistribute, dispense, conduct research withrespect to, administer or use in teaching orchemical analysis, a controlled substance inthe course of professional practice orresearch. (ll) "Pre printed prescription" means awritten prescription upon which thedesignated drug has been indicated prior tothe time of issuance. (mm) "Prescriber" means a physicianlicensed to practice medicine in all itsbranches, dentist, optometrist, podiatrist orveterinarian who issues a prescription, aphysician assistant who issues a prescriptionfor a controlled substance in accordancewith Section 303.05, a written delegation,and a written supervision agreementrequired under Section 7.5 of the PhysicianAssistant Practice Act of 1987, or anadvanced practice nurse with prescriptiveauthority delegated under Section 65 40 ofthe Nurse Practice Act and in accordancewith Section 303.05, a written delegation,and a written collaborative agreement underSection 65 35 of the Nurse Practice Act. (nn) "Prescription" means a lawfulwritten, facsimile, or verbal order of aphysician licensed to practice medicine inall its branches, dentist, podiatrist orveterinarian for any controlled substance, ofan optometrist for a Schedule III, IV, or Vcontrolled substance in accordance withSection 15.1 of the Illinois OptometricPractice Act of 1987, of a physicianassistant for a controlled substance inaccordance with Section 303.05, a writtendelegation, and a written supervision

agreement required under Section 7.5 of thePhysician Assistant Practice Act of 1987, orof an advanced practice nurse withprescriptive authority delegated underSection 65 40 of the Nurse Practice Act whoissues a prescription for a controlledsubstance in accordance with Section303.05, a written delegation, and a writtencollaborative agreement under Section 65 35of the Nurse Practice Act. (oo) "Production" or "produce" meansmanufacture, planting, cultivating, growing,or harvesting of a controlled substance otherthan methamphetamine. (pp) "Registrant" means every personwho is required to register under Section302 of this Act. (qq) "Registry number" means thenumber assigned to each person authorizedto handle controlled substances under thelaws of the United States and of this State. (rr) "State" includes the State of Illinoisand any state, district, commonwealth,territory, insular possession thereof, and anyarea subject to the legal authority of theUnited States of America. (ss) "Ultimate user" means a person wholawfully possesses a controlled substance forhis own use or for the use of a member ofhis household or for administering to ananimal owned by him or by a member of hishousehold. (Source: P.A. 95 242, eff. 1 1 08; 95 639,eff. 10 5 07; 95 689, eff. 10 29 07; 95 876,eff. 8 21 08; 96 189, eff. 8 10 09; 96 268,eff. 8 11 09.)

(720 ILCS 570/103) (from Ch. 56 1/2,par. 1103) Sec. 103. Scope of Act. Nothing in thisAct limits the lawful authority granted bythe Medical Practice Act of 1987, the NursePractice Act, the Illinois OptometricPractice Act of 1987, or the PharmacyPractice Act.

(Source: P.A. 95 242, eff. 1 1 08; 95 639,eff. 10 5 07; 95 689, eff. 10 29 07; 95 876,eff. 8 21 08.)

(720 ILCS 570/Art. II heading) ARTICLE II

(720 ILCS 570/201) (from Ch. 56 1/2,par. 1201) Sec. 201. (a) The Department shall carryout the provisions of this Article. TheDepartment or its successor agency may addsubstances to or delete or reschedule allcontrolled substances in the Schedules ofSections 204, 206, 208, 210 and 212 of thisAct. In making a determination regardingthe addition, deletion, or rescheduling of asubstance, the Department shall consider thefollowing: (1) the actual or relative potential forabuse; (2) the scientific evidence of itspharmacological effect, if known; (3) the state of current scientificknowledge regarding the substance; (4) the history and current pattern ofabuse; (5) the scope, duration, andsignificance of abuse; (6) the risk to the public health; (7) the potential of the substance toproduce psychological or physiologicaldependence; (8) whether the substance is animmediate precursor of a substance already controlled underthis Article;

(9) the immediate harmful effect interms of potentially fatal dosage; and (10) the long range effects in terms ofpermanent health impairment. (b) (Blank). (c) (Blank). (d) If any substance is scheduled,rescheduled, or deleted as a controlledsubstance under Federal law and noticethereof is given to the Department, theDepartment shall similarly control thesubstance under this Act after the expirationof 30 days from publication in the FederalRegister of a final order scheduling asubstance as a controlled substance orrescheduling or deleting a substance, unlesswithin that 30 day period the Departmentobjects, or a party adversely affected fileswith the Department substantial writtenobjections objecting to inclusion,rescheduling, or deletion. In that case, theDepartment shall publish the reasons forobjection or the substantial writtenobjections and afford all interested partiesan opportunity to be heard. At theconclusion of the hearing, the Departmentshall publish its decision, by means of arule, which shall be final unless altered bystatute. Upon publication of objections bythe Department, similar control under thisAct whether by inclusion, rescheduling ordeletion is stayed until the Departmentpublishes its ruling. (e) The Department shall by rule excludeany non narcotic substances from a scheduleif such substance may, under the FederalFood, Drug, and Cosmetic Act, be lawfullysold over the counter without a prescription. (f) (Blank). (g) Authority to control under this sectiondoes not extend to distilled spirits, wine,malt beverages, or tobacco as those terms

are defined or used in the Liquor ControlAct and the Tobacco Products Tax Act. (h) Persons registered with the DrugEnforcement Administration to manufactureor distribute controlled substances shallmaintain adequate security and provideeffective controls and procedures to guardagainst theft and diversion, but shall nototherwise be required to meet the physicalsecurity control requirements (such as cageor vault) for Schedule V controlledsubstances containing pseudoephedrine orSchedule II controlled substances containingdextromethorphan. (Source: P.A. 94 800, eff. 1 1 07; 94 1087,eff. 1 19 07; 95 331, eff. 8 21 07.)

(720 ILCS 570/202) (from Ch. 56 1/2,par. 1202) Sec. 202. The controlled substances listed or to belisted in the schedules in sections 204, 206,208, 210 and 212 are included by whateverofficial, common, usual, chemical, or tradename designated. (Source: P. A. 77 757.)

(720 ILCS 570/203) (from Ch. 56 1/2,par. 1203) Sec. 203. The Department shall issue arule scheduling a substance in Schedule I ifit finds that: (1) the substance has high potential forabuse; and (2) the substance has no currentlyaccepted medical use in treatment in theUnited States or lacks accepted safety foruse in treatment under medical supervision. (Source: P.A. 83 969.)

(720 ILCS 570/204) (from Ch. 56 1/2,par. 1204) Sec. 204. (a) The controlled substances

listed in this Section are included inSchedule I. (b) Unless specifically excepted or unlesslisted in another schedule, any of thefollowing opiates, including their isomers,esters, ethers, salts, and salts of isomers,esters, and ethers, whenever the existence ofsuch isomers, esters, ethers and salts ispossible within the specific chemicaldesignation: (1) Acetylmethadol; (1.1) Acetyl alpha methylfentanyl (N [1 (1 methyl 2 phenethyl) 4 piperidinyl] N phenylacetamide); (2) Allylprodine; (3) Alphacetylmethadol, except levo alphacetylmethadol (also known aslevo alpha acetylmethadol, levomethadyl acetate, orLAAM); (4) Alphameprodine; (5) Alphamethadol; (6) Alpha methylfentanyl (N (1 alpha methyl beta phenyl) ethyl 4piperidyl) propionanilide; 1 (1 methyl 2phenylethyl) 4 (N propanilido) piperidine; (6.1) Alpha methylthiofentanyl (N [1 methyl 2 (2 thienyl)ethyl 4 piperidinyl] N phenylpropanamide); (7) 1 methyl 4 phenyl 4propionoxypiperidine (MPPP); (7.1) PEPAP (1 (2 phenethyl) 4 phenyl 4acetoxypiperidine); (8) Benzethidine; (9) Betacetylmethadol; (9.1) Beta hydroxyfentanyl (N [1 (2 hydroxy 2 phenethyl) 4 piperidinyl] N phenylpropanamide); (10) Betameprodine; (11) Betamethadol; (12) Betaprodine; (13) Clonitazene; (14) Dextromoramide;

(15) Diampromide; (16) Diethylthiambutene; (17) Difenoxin; (18) Dimenoxadol; (19) Dimepheptanol; (20) Dimethylthiambutene; (21) Dioxaphetylbutyrate; (22) Dipipanone; (23) Ethylmethylthiambutene; (24) Etonitazene; (25) Etoxeridine; (26) Furethidine; (27) Hydroxpethidine; (28) Ketobemidone; (29) Levomoramide; (30) Levophenacylmorphan; (31) 3 Methylfentanyl (N [3 methyl 1 (2 phenylethyl) 4 piperidyl] N phenylpropanamide); (31.1) 3 Methylthiofentanyl (N [(3 methyl 1 (2 thienyl)ethyl 4 piperidinyl] N phenylpropanamide); (32) Morpheridine; (33) Noracymethadol; (34) Norlevorphanol; (35) Normethadone; (36) Norpipanone; (36.1) Para fluorofentanyl (N (4 fluorophenyl) N [1 (2 phenethyl) 4 piperidinyl]propanamide); (37) Phenadoxone; (38) Phenampromide; (39) Phenomorphan; (40) Phenoperidine; (41) Piritramide; (42) Proheptazine; (43) Properidine; (44) Propiram; (45) Racemoramide; (45.1) Thiofentanyl (N phenyl N [1 (2 thienyl)ethyl 4 piperidinyl] propanamide); (46) Tilidine; (47) Trimeperidine; (48) Beta hydroxy 3 methylfentanyl(other name:

N [1 (2 hydroxy 2 phenethyl) 3 methyl 4piperidinyl] N phenylpropanamide). (c) Unless specifically excepted or unlesslisted in another schedule, any of thefollowing opium derivatives, its salts,isomers and salts of isomers, whenever theexistence of such salts, isomers and salts ofisomers is possible within the specificchemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine N Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Diacetyldihydromorphine(Dihydroheroin); (9) Dihydromorphine; (10) Drotebanol; (11) Etorphine (except hydrochloridesalt); (12) Heroin; (13) Hydromorphinol; (14) Methyldesorphine; (15) Methyldihydromorphine; (16) Morphine methylbromide; (17) Morphine methylsulfonate; (18) Morphine N Oxide; (19) Myrophine; (20) Nicocodeine; (21) Nicomorphine; (22) Normorphine; (23) Pholcodine; (24) Thebacon. (d) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followinghallucinogenic substances, or whichcontains any of its salts, isomers and salts ofisomers, whenever the existence of suchsalts, isomers, and salts of isomers ispossible within the specific chemicaldesignation (for the purposes of this

paragraph only, the term "isomer" includesthe optical, position and geometric isomers): (1) 3,4 methylenedioxyamphetamine (alpha methyl,3,4methylenedioxyphenethylamine, methylenedioxyamphetamine, MDA); (1.1) Alpha ethyltryptamine (some trade or other names: etryptamine; MONASE; alpha ethyl 1H indole 3ethanamine; 3 (2 aminobutyl)indole; a ET; and AET); (2) 3,4methylenedioxymethamphetamine(MDMA); (2.1) 3,4 methylenedioxy Nethylamphetamine (also known as: N ethyl alpha methyl 3,4(methylenedioxy) Phenethylamine, Nethyl MDA, MDE, and MDEA); (2.2) N Benzylpiperazine (BZP); (3) 3 methoxy 4,5methylenedioxyamphetamine, (MMDA); (4) 3,4,5 trimethoxyamphetamine(TMA); (5) (Blank); (6) Diethyltryptamine (DET); (7) Dimethyltryptamine (DMT); (8) 4 methyl 2,5dimethoxyamphetamine (DOM, STP); (9) Ibogaine (some trade and othernames: 7 ethyl 6,6,beta,7,8,9,10,12,13 octahydro2 methoxy 6,9 methano 5H pyrido [1',2':1,2] azepino[5,4 b] indole; Tabernanthe iboga); (10) Lysergic acid diethylamide; (10.5) Salvia divinorum (meaning allparts of the plant presently classified botanically asSalvia divinorum, whether growing or not,the seeds thereof, any extract from any partof that plant, and every compound,manufacture, salts, isomers, and salts ofisomers whenever the existence of such

salts, isomers, and salts of isomers ispossible within the specific chemicaldesignation, derivative, mixture, orpreparation of that plant, its seeds orextracts); (11) 3,4,5 trimethoxyphenethylamine(Mescaline); (12) Peyote (meaning all parts of theplant presently classified botanically asLophophora williamsii Lemaire, whethergrowing or not, the seeds thereof, anyextract from any part of that plant, and everycompound, manufacture, salts, derivative,mixture, or preparation of that plant, itsseeds or extracts); (13) N ethyl 3 piperidyl benzilate (JB318); (14) N methyl 3 piperidyl benzilate; (14.1) N hydroxy 3,4methylenedioxyamphetamine (also known as N hydroxy alpha methyl 3,4(methylenedioxy)phenethylamine andN hydroxy MDA); (15) Parahexyl; some trade or othernames: 3 hexyl 1 hydroxy 7,8,9,10 tetrahydro6,6,9 trimethyl 6H dibenzo (b,d) pyran; Synhexyl; (16) Psilocybin; (17) Psilocyn; (18) Alpha methyltryptamine (AMT); (19) 2,5 dimethoxyamphetamine (2,5 dimethoxy alphamethylphenethylamine; 2,5 DMA); (20) 4 bromo 2,5dimethoxyamphetamine (4 bromo 2,5 dimethoxy alphamethylphenethylamine; 4 bromo 2,5 DMA); (20.1) 4 Bromo 2,5dimethoxyphenethylamine. Some trade or other names: 2 (4 bromo 2,5 dimethoxyphenyl) 1 aminoethane;

alpha desmethyl DOB, 2CB, Nexus; (21) 4 methoxyamphetamine (4 methoxy alpha methylphenethylamine; paramethoxyamphetamine; PMA); (22) (Blank); (23) Ethylamine analog ofphencyclidine. Some trade or other names: N ethyl 1 phenylcyclohexylamine, (1 phenylcyclohexyl) ethylamine, N (1 phenylcyclohexyl) ethylamine,cyclohexamine, PCE; (24) Pyrrolidine analog ofphencyclidine. Some trade or other names: 1 (1phenylcyclohexyl) pyrrolidine, PCPy, PHP; (25) 5 methoxy 3,4 methylenedioxyamphetamine; (26) 2,5 dimethoxy 4ethylamphetamine (another name: DOET); (27) 1 [1 (2 thienyl)cyclohexyl]pyrrolidine (another name: TCPy); (28) (Blank); (29) Thiophene analog ofphencyclidine (some trade or other names: 1 [1 (2 thienyl)cyclohexyl] piperidine; 2 thienyl analog of phencyclidine; TPCP;TCP); (30) Bufotenine (some trade or othernames: 3 (Beta Dimethylaminoethyl) 5hydroxyindole; 3 (2 dimethylaminoethyl) 5 indolol; 5 hydroxy N,N dimethyltryptamine; N,N dimethylserotonin; mappine). (e) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances having a depressant effect on thecentral nervous system, including its salts,isomers, and salts of isomers whenever the

existence of such salts, isomers, and salts ofisomers is possible within the specificchemical designation: (1) mecloqualone; (2) methaqualone; and (3) gamma hydroxybutyric acid. (f) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances having a stimulant effect on thecentral nervous system, including its salts,isomers, and salts of isomers: (1) Fenethylline; (2) N ethylamphetamine; (3) Aminorex (some other names: 2 amino 5 phenyl 2 oxazoline;aminoxaphen; 4 5 dihydro 5 phenyl 2 oxazolamine) andits salts, optical isomers, and salts of opticalisomers; (4) Methcathinone (some other names: 2 methylamino 1 phenylpropan 1 one; Ephedrone; 2 (methylamino)propiophenone; alpha (methylamino)propiophenone; Nmethylcathinone; methycathinone; Monomethylpropion;UR 1431) and its salts, optical isomers, and salts of opticalisomers; (5) Cathinone (some trade or othernames: 2 aminopropiophenone; alphaaminopropiophenone; 2 amino 1 phenyl propanone;norephedrone); (6) N,N dimethylamphetamine (alsoknown as: N,N alpha trimethyl benzeneethanamine; N,N alpha trimethylphenethylamine); (7) (+ or ) cis 4 methylaminorex ((+ or ) cis 4,5 dihydro 4 methyl 4 5 phenyl 2oxazolamine).

(g) Temporary listing of substancessubject to emergency scheduling. Anymaterial, compound, mixture, or preparationthat contains any quantity of the followingsubstances: (1) N [1 benzyl 4 piperidyl] Nphenylpropanamide (benzylfentanyl), its optical isomers,isomers, salts, and salts of isomers; (2) N [1(2 thienyl) methyl 4 piperidyl] N phenylpropanamide(thenylfentanyl), its optical isomers, salts, and salts ofisomers. (Source: P.A. 95 239, eff. 1 1 08; 95 331,eff. 8 21 07; 96 347, eff. 1 1 10.)

(720 ILCS 570/205) (from Ch. 56 1/2,par. 1205) Sec. 205. The Department shall issue arule scheduling a substance in Schedule II ifit finds that: (1) the substance has high potential forabuse; (2) the substance has currently acceptedmedical use in treatment in the UnitedStates, or currently accepted medical usewith severe restrictions; and (3) the abuse of the substance may lead tosevere psychological or physiologicaldependence. (Source: P.A. 83 969.)

(720 ILCS 570/206) (from Ch. 56 1/2,par. 1206) Sec. 206. (a) The controlled substanceslisted in this Section are included inSchedule II. (b) Unless specifically excepted or unlesslisted in another schedule, any of thefollowing substances whether produceddirectly or indirectly by extraction fromsubstances of vegetable origin, or

independently by means of chemicalsynthesis, or by combination of extractionand chemical synthesis: (1) Opium and opiates, and any salt,compound, derivative or preparation of opium oropiate, excluding apomorphine,dextrorphan, levopropoxyphene, nalbuphine,nalmefene, naloxone, and naltrexone, andtheir respective salts, but including thefollowing: (i) Raw Opium; (ii) Opium extracts; (iii) Opium fluid extracts; (iv) Powdered opium; (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (viii) Ethylmorphine; (ix) Etorphine Hydrochloride; (x) Hydrocodone; (xi) Hydromorphone; (xii) Metopon; (xiii) Morphine; (xiv) Oxycodone; (xv) Oxymorphone; (xvi) Thebaine; (xvii) Thebaine derived butorphanol. (xviii) Dextromethorphan, exceptdrug products that may be dispensed pursuant to aprescription order of a practitioner and aresold in compliance with the safety andlabeling standards as set forth by the UnitedStates Food and Drug Administration, ordrug products containing dextromethorphanthat are sold in solid, tablet, liquid, capsule,powder, thin film, or gel form and which areformulated, packaged, and sold in dosagesand concentrations for use as an over thecounter drug product. For the purposes ofthis Section, "over the counter drug product"means a drug that is available to consumerswithout a prescription and sold incompliance with the safety and labeling

standards as set forth by the United StatesFood and Drug Administration. (2) Any salt, compound, isomer,derivative or preparation thereof which is chemicallyequivalent or identical with any of thesubstances referred to in subparagraph (1),but not including the isoquinoline alkaloidsof opium; (3) Opium poppy and poppy straw; (4) Coca leaves and any salt,compound, isomer, salt of an isomer, derivative, or preparation ofcoca leaves including cocaine or ecgonine,and any salt, compound, isomer, derivative,or preparation thereof which is chemicallyequivalent or identical with any of thesesubstances, but not including decocainizedcoca leaves or extractions of coca leaveswhich do not contain cocaine or ecgonine(for the purpose of this paragraph, the term"isomer" includes optical, positional andgeometric isomers); (5) Concentrate of poppy straw (thecrude extract of poppy straw in either liquid, solid orpowder form which contains thephenanthrine alkaloids of the opium poppy). (c) Unless specifically excepted or unlesslisted in another schedule any of thefollowing opiates, including their isomers,esters, ethers, salts, and salts of isomers,whenever the existence of these isomers,esters, ethers and salts is possible within thespecific chemical designation, dextrorphanexcepted: (1) Alfentanil; (1.1) Carfentanil; (2) Alphaprodine; (3) Anileridine; (4) Bezitramide; (5) Bulk Dextropropoxyphene (non

dosage forms); (6) Dihydrocodeine; (7) Diphenoxylate; (8) Fentanyl; (9) Sufentanil; (9.5) Remifentanil; (10) Isomethadone; (11) Levomethorphan; (12) Levorphanol (Levorphan); (13) Metazocine; (14) Methadone; (15) Methadone Intermediate, 4 cyano 2 dimethylamino 4,4 diphenyl 1butane; (16) Moramide Intermediate, 2 methyl 3 morpholino 1,1diphenylpropane carboxylic acid; (17) Pethidine (meperidine); (18) Pethidine Intermediate A, 4 cyano 1 methyl 4 phenylpiperidine; (19) Pethidine Intermediate B, ethyl 4 phenylpiperidine 4 carboxylate; (20) Pethidine Intermediate C, 1 methyl 4 phenylpiperidine 4 carboxylicacid; (21) Phenazocine; (22) Piminodine; (23) Racemethorphan; (24) Racemorphan; (25) Levo alphacetylmethadol (someother names: levo alpha acetylmethadol, levomethadylacetate, LAAM). (d) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances having a stimulant effect on thecentral nervous system: (1) Amphetamine, its salts, opticalisomers, and salts of its optical isomers; (2) Methamphetamine, its salts,

isomers, and salts of its isomers; (3) Phenmetrazine and its salts; (4) Methylphenidate. (e) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances having a depressant effect on thecentral nervous system, including its salts,isomers, and salts of isomers whenever theexistence of such salts, isomers, and salts ofisomers is possible within the specificchemical designation: (1) Amobarbital; (2) Secobarbital; (3) Pentobarbital; (4) Pentazocine; (5) Phencyclidine; (6) Gluthethimide; (7) (Blank). (f) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances: (1) Immediate precursor toamphetamine and methamphetamine: (i) Phenylacetone Some trade or other names: phenyl 2propanone; P2P; benzyl methyl ketone; methylbenzyl ketone. (2) Immediate precursors tophencyclidine: (i) 1 phenylcyclohexylamine; (ii) 1piperidinocyclohexanecarbonitrile (PCC). (3) Nabilone. (Source: P.A. 94 800, eff. 1 1 07; 94 1087,eff. 1 19 07.)

(720 ILCS 570/207) (from Ch. 56 1/2,par. 1207) Sec. 207. The Department shall issue arule scheduling a substance in Schedule IIIif it finds that: (1) the substance has a potential for abuseless than the substances listed in Schedule Iand II; (2) the substance has currently acceptedmedical use in treatment in the UnitedStates; and (3) abuse of the substance may lead tomoderate or low physiological dependenceor high psychological dependence. (Source: P.A. 83 969.)

(720 ILCS 570/208) (from Ch. 56 1/2,par. 1208) Sec. 208. (a) The controlled substanceslisted in this Section are included inSchedule III. (b) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances having a stimulant effect on thecentral nervous system, including its salts,isomers (whether optical position, orgeometric), and salts of such isomerswhenever the existence of such salts,isomers, and salts of isomers is possiblewithin the specific chemical designation; (1) Those compounds, mixtures, orpreparations in dosage unit form containing anystimulant substances listed in Schedule IIwhich compounds, mixtures, or preparationswere listed on August 25, 1971, as exceptedcompounds under Title 21, Code of FederalRegulations, Section 308.32, and any otherdrug of the quantitative composition shownin that list for those drugs or which is thesame except that it contains a lesser quantityof controlled substances;

(2) Benzphetamine; (3) Chlorphentermine; (4) Clortermine; (5) Phendimetrazine. (c) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances having a potential for abuseassociated with a depressant effect on thecentral nervous system: (1) Any compound, mixture, orpreparation containing amobarbital, secobarbital, pentobarbitalor any salt thereof and one or more otheractive medicinal ingredients which are notlisted in any schedule; (2) Any suppository dosage formcontaining amobarbital, secobarbital, pentobarbitalor any salt of any of these drugs andapproved by the Federal Food and DrugAdministration for marketing only as asuppository; (3) Any substance which contains anyquantity of a derivative of barbituric acid, or any saltthereof: (4) Chlorhexadol; (5) Methyprylon; (6) Sulfondiethylmethane; (7) Sulfonethylmethane; (8) Sulfonmethane; (9) Lysergic acid; (10) Lysergic acid amide; (10.1) Tiletamine or zolazepam or both,or any salt of either of them. Some trade or other names for atiletamine zolazepam combination product: Telazol. Some trade or other names for Tiletamine:

2 (ethylamino) 2 (2 thienyl)cyclohexanone. Some trade or other names for zolazepam: 4 (2 fluorophenyl) 6,8 dihydro 1,3,8trimethylpyrazolo [3,4 e], [1,4] diazepin 7(1H) one, andflupyrazapon. (11) Any material, compound, mixtureor preparation containing not more than 12.5 milligramsof pentazocine or any of its salts, per 325milligrams of aspirin; (12) Any material, compound, mixtureor preparation containing not more than 12.5 milligramsof pentazocine or any of its salts, per 325milligrams of acetaminophen; (13) Any material, compound, mixtureor preparation containing not more than 50 milligramsof pentazocine or any of its salts plusnaloxone HCl USP 0.5 milligrams, perdosage unit; (14) Ketamine. (d) Nalorphine. (e) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparationcontaining limited quantities of any of thefollowing narcotic drugs, or their saltscalculated as the free anhydrous base oralkaloid, as set forth below: (1) not more than 1.8 grams of codeineper 100 milliliters or not more than 90 milligramsper dosage unit, with an equal or greaterquantity of an isoquinoline alkaloid ofopium; (2) not more than 1.8 grams of codeineper 100 milliliters or not more than 90 milligramsper dosage unit, with one or more active non

narcotic ingredients in recognizedtherapeutic amounts; (3) not more than 300 milligrams ofdihydrocodeinone per 100 milliliters or not more than 15milligrams per dosage unit, with a fourfoldor greater quantity of an isoquinolinealkaloid of opium; (4) not more than 300 milligrams ofdihydrocodeinone per 100 milliliters or not more than 15milligrams per dosage unit, with one ormore active, non narcotic ingredients inrecognized therapeutic amounts; (5) not more than 1.8 grams ofdihydrocodeine per 100 milliliters or not more than 90milligrams per dosage unit, with one ormore active, non narcotic ingredients inrecognized therapeutic amounts; (6) not more than 300 milligrams ofethylmorphine per 100 milliliters or not more than 15milligrams per dosage unit, with one ormore active, non narcotic ingredients inrecognized therapeutic amounts; (7) not more than 500 milligrams ofopium per 100 milliliters or per 100 grams, or not morethan 25 milligrams per dosage unit, with oneor more active, non narcotic ingredients inrecognized therapeutic amounts; (8) not more than 50 milligrams ofmorphine per 100 milliliters or per 100 grams with one ormore active, non narcotic ingredients inrecognized therapeutic amounts. (f) Anabolic steroids, except thefollowing anabolic steroids that are exempt:

(1) Androgyn L.A.; (2) Andro Estro 90 4; (3) depANDROGYN; (4) DEPO T.E.; (5) depTESTROGEN; (6) Duomone; (7) DURATESTRIN; (8) DUO SPAN II; (9) Estratest; (10) Estratest H.S.; (11) PAN ESTRA TEST; (12) Premarin with Methyltestosterone; (13) TEST ESTRO Cypionates; (14) Testosterone Cyp 50 Estradiol Cyp2; (15) Testosterone Cypionate EstradiolCypionate injection; and (16) Testosterone Enanthate EstradiolValerate injection. (g) Hallucinogenic substances. (1) Dronabinol (synthetic) in sesame oiland encapsulated in a soft gelatin capsule in aU.S. Food and Drug Administrationapproved product. Some other names fordronabinol: (6aR trans) 6a,7,8,10atetrahydro 6,6,9 trimetjyl 3 pentyl 6Hdebenzo (b,d) pyran 1 ol) or ( ) delta 9(trans) tetrahydrocannibinol. (2) (Reserved). (h) The Department may except by ruleany compound, mixture, or preparationcontaining any stimulant or depressantsubstance listed in subsection (b) from theapplication of all or any part of this Act ifthe compound, mixture, or preparationcontains one or more active medicinalingredients not having a stimulant ordepressant effect on the central nervoussystem, and if the admixtures are includedtherein in combinations, quantity,

proportion, or concentration that vitiate thepotential for abuse of the substances whichhave a stimulant or depressant effect on thecentral nervous system. (Source: P.A. 96 328, eff. 8 11 09.)

(720 ILCS 570/209) (from Ch. 56 1/2,par. 1209) Sec. 209. The Department shall issue arule scheduling a substance in Schedule IVif it finds that: (1) the substance has a low potential forabuse relative to substances in Schedule III; (2) the substance has currently acceptedmedical use in treatment in the UnitedStates; and (3) abuse of the substance may lead tolimited physiological dependence orpsychological dependence relative to thesubstances in Schedule III. (Source: P.A. 83 969.)

(720 ILCS 570/210) (from Ch. 56 1/2,par. 1210) Sec. 210. (a) The controlled substanceslisted in this Section are included inSchedule IV. (b) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparationcontaining limited quantities of any of thefollowing narcotic drugs, or their saltscalculated as the free anhydrous base oralkaloid, as set forth below: (1) Not more than 1 milligram ofdifenoxin (DEA Drug Code No. 9618) and not less than 25micrograms of atropine sulfate per dosageunit. (2) Dextropropoxyphene (Alpha (+) 4dimethylamino 1, 2 diphenyl 3 methyl 2propionoxybutane).

(c) Unless specifically excepted or unlesslisted in another schedule, any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances having a potential for abuseassociated with a depressant effect on thecentral nervous system: (1) Alprazolam; (2) Barbital; (2.1) Bromazepam; (2.2) Camazepam; (3) Chloral Betaine; (4) Chloral Hydrate; (5) Chlordiazepoxide; (5.1) Clobazam; (6) Clonazepam; (7) Clorazepate; (7.1) Clotiazepam; (7.2) Cloxazolam; (7.3) Delorazepam; (8) Diazepam; (8.1) Estazolam; (9) Ethchlorvynol; (10) Ethinamate; (10.1) Ethyl loflazepate; (10.2) Fludiazepam; (10.3) Flunitrazepam; (11) Flurazepam; (12) Halazepam; (12.1) Haloxazolam; (12.2) Ketazolam; (12.3) Loprazolam; (13) Lorazepam; (13.1) Lormetazepam; (14) Mebutamate; (14.1) Medazepam; (15) Meprobamate; (16) Methohexital; (17) Methylphenobarbital(Mephobarbital); (17.1) Midazolam; (17.2) Nimetazepam; (17.3) Nitrazepam; (17.4) Nordiazepam; (18) Oxazepam;

(18.1) Oxazolam; (19) Paraldehyde; (20) Petrichloral; (21) Phenobarbital; (21.1) Pinazepam; (22) Prazepam; (22.1) Quazepam; (23) Temazepam; (23.1) Tetrazepam; (24) Triazolam; (24.5) Zaleplon; (25) Zolpidem. (d) Any material, compound, mixture, orpreparation which contains any quantity ofthe following substances, including its salts,isomers (whether optical, position, orgeometric), and salts of such isomers,whenever the existence of such salts,isomers and salts of isomers is possible: (1) Fenfluramine. (e) Unless specifically excepted or unlesslisted in another schedule any material,compound, mixture, or preparation whichcontains any quantity of the followingsubstances having a stimulant effect on thecentral nervous system, including its salts,isomers (whether optical, position orgeometric), and salts of such isomerswhenever the existence of such salts,isomers, and salts of isomers is possiblewithin the specific chemical designation: (1) Cathine ((+) norpseudoephedrine); (1.1) Diethylpropion; (1.2) Fencamfamin; (1.3) Fenproporex; (2) Mazindol; (2.1) Mefenorex; (3) Phentermine; (4) Pemoline (including organometalliccomplexes and chelates thereof); (5) Pipradrol; (6) SPA (( ) 1 dimethylamino 1, 2diphenylethane); (7) Modafinil;

(8) Sibutramine. (f) Other Substances. Unless specificallyexcepted or unless listed in anotherschedule, any material, compound, mixture,or preparation that contains any quantity ofthe following substance, including its salts: (1) Butorphanol (including its opticalisomers). (g) The Department may except by ruleany compound, mixture, or preparationcontaining any depressant substance listedin subsection (b) from the application of allor any part of this Act if the compound,mixture, or preparation contains one or moreactive medicinal ingredients not having adepressant effect on the central nervoussystem, and if the admixtures are includedtherein in combinations, quantity,proportion, or concentration that vitiate thepotential for abuse of the substances whichhave a depressant effect on the centralnervous system. (h) Except as otherwise provided inSection 216, any material, compound,mixture, or preparation that contains anyquantity of the following substance having astimulant effect on the central nervoussystem, including its salts, enantiomers(optical isomers) and salts of enantiomers(optical isomers): (1) Ephedrine, its salts, optical isomersand salts of optical isomers. (Source: P.A. 90 775, eff. 1 1 99; 91 714,eff. 6 2 00.)

(720 ILCS 570/211) (from Ch. 56 1/2,par. 1211) Sec. 211. The Department shall issue arule scheduling a substance in Schedule V ifit finds that: (1) the substance has low potential forabuse relative to the controlled substanceslisted in Schedule IV;

(2) the substance has currently acceptedmedical use in treatment in the UnitedStates; and (3) abuse of the substance may lead tolimited physiological dependence orpsychological dependence relative to thesubstances in Schedule IV, or the substanceis a targeted methamphetamine precursor asdefined in the Methamphetamine PrecursorControl Act. (Source: P.A. 94 694, eff. 1 15 06.)

(720 ILCS 570/212) (from Ch. 56 1/2,par. 1212) Sec. 212. (a) The controlled substanceslisted in this section are included inSchedule V. (b) Any compound, mixture, orpreparation containing limited quantities ofany of the following narcotic drugs, or theirsalts calculated as the free anhydrous base oralkaloid which also contains one or morenon narcotic active medicinal ingredients insufficient proportion to confer upon thecompound, mixture, or preparation, valuablemedicinal qualities other than thosepossessed by the narcotic drug alone as setforth below: (1) not more than 200 milligrams ofcodeine, or any of its salts, per 100 milliliters or per 100grams; (2) not more than 100 milligrams ofdihydrocodeine; or any of its salts, per 100 milliliters orper 100 grams; (3) not more than 100 milligrams ofethylmorphine, or any of its salts, per 100 milliliters orper 100 grams; (4) not more than 2.5 milligrams ofdiphenoxylate

and not less than 25 micrograms ofatropine sulfate per dosage unit; (5) not more than 100 milligrams ofopium per 100 milliliters or per 100 grams; (6) not more than 0.5 milligram ofdifenoxin (DEA Drug Code No. 9618) and not less than25 micrograms of atropine sulfate perdosage unit. (c) Buprenorphine. (d) Pyrovalerone. (d 5) Any targeted methamphetamineprecursor as defined in theMethamphetamine Precursor Control Act. (e) Any compound, mixture orpreparation which contains any quantity ofany controlled substance when suchcompound, mixture or preparation is nototherwise controlled in Schedules I, II, III orIV. (Source: P.A. 94 694, eff. 1 15 06.)

(720 ILCS 570/213) (from Ch. 56 1/2,par. 1213) Sec. 213. The Department shall revise andrepublish the Schedules semi annually fortwo years from the effective date of this Act,and thereafter annually. If the Departmentfails to republish the Schedules, the lastpublished Schedules shall remain in fullforce and effect. (Source: P.A. 83 969.)

(720 ILCS 570/214) (from Ch. 56 1/2,par. 1214) Sec. 214. Excluded Substances. (a) Products containing an anabolicsteroid, that are expressly intended foradministration through implants to cattle orother nonhuman species and that have been

approved by the Secretary of Health andHuman Services for that administration, andthat are excluded from all schedules underSection 102(41)(B)(1) of the federalControlled Substances Act (21 U.S.C.802(41)(B)(1)) are also excluded fromSections 207 and 208 of this Act. (b) The non narcotic substances excludedfrom all schedules of the Federal ControlledSubstances Act (21 U.S.C. 801 et seq.)pursuant to Section 1308.22 of the Code ofFederal Regulations (21 C.F.R. 1308.22),are excluded from all schedules of this Act. (Source: P.A. 91 714, eff. 6 2 00.)

(720 ILCS 570/215) (from Ch. 56 1/2,par. 1215) Sec. 215. Excepted Compounds. Thecompounds in the form excepted fromapplication of certain specified sections ofthe Federal Controlled Substances Act (21U.S.C. 801 et seq.), the Federal ControlledSubstances Import and Export Act (21U.S.C. 951 et seq.) and the Code of FederalRegulations, pursuant to Section 1308.32 ofthe Code of Federal Regulations (21 C.F.R.1308.32) are excepted from the applicationof Sections 312 and 313 of this Act. (Source: P.A. 80 472.)

(720 ILCS 570/216) Sec. 216. Ephedrine. (a) The following drug productscontaining ephedrine, its salts, opticalisomers and salts of optical isomers shall beexempt from the application of Sections 312and 313 of this Act if they: (i) may lawfullybe sold over the counter without aprescription under the Federal Food, Drug,and Cosmetic Act; (ii) are labeled andmarketed in a manner consistent withSection 341.76 of Title 21 of the Code ofFederal Regulations; (iii) are manufacturedand distributed for legitimate medicinal use

in a manner that reduces or eliminates thelikelihood of abuse; and (iv) are notmarketed, advertised, or labeled for theindications of stimulation, mental alertness,weight loss, muscle enhancement, appetitecontrol, or energy: (1) Solid oral dosage forms, includingsoft gelatin caplets, which are formulated pursuant to21 CFR 341 or its successor, and packagedin blister packs of not more than 2 tabletsper blister. (2) Anorectal preparations containingnot more than 5% ephedrine. (b) The marketing, advertising, orlabeling of any product containingephedrine, a salt of ephedrine, an opticalisomer of ephedrine, or a salt of an opticalisomer of ephedrine, for the indications ofstimulation, mental alertness, weight loss,appetite control, or energy, is prohibited. Indetermining compliance with thisrequirement the Department may considerthe following factors: (1) The packaging of the drug product; (2) The name and labeling of theproduct; (3) The manner of distribution,advertising, and promotion of the product; (4) Verbal representations madeconcerning the product; (5) The duration, scope, andsignificance of abuse or misuse of the particular product. (c) A violation of this Section is a Class Amisdemeanor. A second or subsequentviolation of this Section is a Class 4 felony. (d) This Section does not apply to dietary

supplements, herbs, or other naturalproducts, including concentrates or extracts,which: (1) are not otherwise prohibited by law;and (2) may contain naturally occurringephedrine, ephedrine alkaloids, or pseudoephedrine,or their salts, isomers, or salts of isomers, ora combination of these substances, that: (i) are contained in a matrix oforganic material; and (ii) do not exceed 15% of the totalweight of the natural product. (e) Nothing in this Section limits thescope or terms of the MethamphetaminePrecursor Control Act. (Source: P.A. 94 694, eff. 1 15 06.)

(720 ILCS 570/217) Sec. 217. Exempt anabolic steroidproducts. Compounds, mixtures, orpreparations that contain an anabolic steroidthat have been exempted by theAdministrator of the federal DrugEnforcement Administration fromapplication of Sections 302 through 309 andSections 1002 through 1004 of the federalControlled Substances Act (21 U.S.C. 822through 829 and 952 through 954) and 21CFR 1301.13, 1301.22, and 1301.71 through1301.76 are also exempt from Sections 207and 208 of this Act. (Source: P.A. 91 714, eff. 6 2 00.)

(720 ILCS 570/218) Sec. 218. Dextromethorphan. (a) (Blank). (b) Possession of a drug product

containing dextromethorphan in violation ofthis Act is a Class 4 felony. The sale,delivery, distribution, or possession withintent to sell, deliver, or distribute a drugproduct containing dextromethorphan inviolation of this Act is a Class 2 felony. (c) (Blank). (Source: P.A. 94 800, eff. 1 1 07; 94 1087,eff. 1 19 07; 95 331, eff. 8 21 07.)

(720 ILCS 570/219) Sec. 219. Dietary supplements containingephedrine or anabolic steroid precursors. (a) It is a Class A misdemeanor for anymanufacturer, wholesaler, retailer, or otherperson to sell, transfer, or otherwise furnishany of the following to a person under 18years of age: (1) a dietary supplement containing anephedrine group alkaloid; or (2) a dietary supplement containing anyof the following: (A) Androstanediol; (B) Androstanedione; (C) Androstenedione; (D) Norandrostenediol; (E) Norandrostenedione; or (F) Dehydroepiandrosterone. (b) A seller shall request valididentification from any individual who attempts to purchase adietary supplement set forth in subsection(a) if that individual reasonably appears tothe seller to be under 18 years of age. (Source: P.A. 94 339, eff. 7 26 05; 95 331,eff. 8 21 07.)

(720 ILCS 570/Art. III heading) ARTICLE III

(720 ILCS 570/301) (from Ch. 56 1/2,par. 1301) Sec. 301. The Department of ProfessionalRegulation shall promulgate rules andcharge reasonable fees and fines relating tothe registration and control of themanufacture, distribution, and dispensing ofcontrolled substances within this State. Allmoneys received by the Department ofProfessional Regulation under this Act shallbe deposited into the respective professionaldedicated funds in like manner as theprimary professional licenses. A pharmacy, manufacturer of controlledsubstances, or wholesale distributor ofcontrolled substances that is regulated underthis Act and owned and operated by theState is exempt from fees required under thisAct. Pharmacists and pharmacy techniciansworking in facilities owned and operated bythe State are not exempt from the paymentof fees required by this Act and any rulesadopted under this Act. Nothing in thisSection shall be construed to prohibit theDepartment from imposing any fine or otherpenalty allowed under this Act. (Source: P.A. 95 689, eff. 10 29 07.)

(720 ILCS 570/302) (from Ch. 56 1/2,par. 1302) Sec. 302. (a) Every person whomanufactures, distributes, or dispenses anycontrolled substances, or engages inchemical analysis, and instructionalactivities which utilize controlledsubstances, or who purchases, stores, oradministers euthanasia drugs, within thisState or who proposes to engage in themanufacture, distribution, or dispensing ofany controlled substance, or to engage inchemical analysis, and instructionalactivities which utilize controlledsubstances, or to engage in purchasing,storing, or administering euthanasia drugs,

within this State, must obtain a registrationissued by the Department of ProfessionalRegulation in accordance with its rules. Therules shall include, but not be limited to,setting the expiration date and renewalperiod for each registration under this Act.The Department, any facility or servicelicensed by the Department, and anyveterinary hospital or clinic operated by aveterinarian or veterinarians licensed underthe Veterinary Medicine and SurgeryPractice Act of 2004 or maintained by aState supported or publicly fundeduniversity or college shall be exempt fromthe regulation requirements of this Section. (b) Persons registered by the Departmentof Professional Regulation under this Act tomanufacture, distribute, or dispensecontrolled substances, or purchase, store, oradminister euthanasia drugs, may possess,manufacture, distribute, or dispense thosesubstances, or purchase, store, or administereuthanasia drugs, to the extent authorized bytheir registration and in conformity with theother provisions of this Article. (c) The following persons need notregister and may lawfully possess controlledsubstances under this Act: (1) an agent or employee of anyregistered manufacturer, distributor, or dispenser ofany controlled substance if he is acting inthe usual course of his employer's lawfulbusiness or employment; (2) a common or contract carrier orwarehouseman, or an agent or employee thereof, whosepossession of any controlled substance is inthe usual lawful course of such business oremployment; (3) an ultimate user or a person inpossession of any controlled substance pursuant to a lawfulprescription of a practitioner or in lawful

possession of a Schedule V substance; (4) officers and employees of this Stateor of the United States while acting in the lawfulcourse of their official duties which requirespossession of controlled substances; (5) a registered pharmacist who isemployed in, or the owner of, a pharmacy licensed underthis Act and the Federal ControlledSubstances Act, at the licensed location, orif he is acting in the usual course of hislawful profession, business, or employment. (d) A separate registration is required ateach place of business or professionalpractice where the applicant manufactures,distributes, or dispenses controlledsubstances, or purchases, stores, oradministers euthanasia drugs. Persons arerequired to obtain a separate registration foreach place of business or professionalpractice where controlled substances arelocated or stored. A separate registration isnot required for every location at which acontrolled substance may be prescribed. (e) The Department of ProfessionalRegulation or the Department of StatePolice may inspect the controlled premises,as defined in Section 502 of this Act, of aregistrant or applicant for registration inaccordance with this Act and the rulespromulgated hereunder and with regard topersons licensed by the Department, inaccordance with subsection (bb) of Section30 5 of the Alcoholism and Other DrugAbuse and Dependency Act and the rulesand regulations promulgated thereunder. (Source: P.A. 96 219, eff. 8 10 09.)

(720 ILCS 570/303) (from Ch. 56 1/2,par. 1303) Sec. 303. (a) The Department of

Professional Regulation shall license anapplicant to manufacture, distribute ordispense controlled substances included inSections 204, 206, 208, 210 and 212 of thisAct or purchase, store, or administereuthanasia drugs unless it determines thatthe issuance of that license would beinconsistent with the public interest. Indetermining the public interest, theDepartment of Professional Regulation shallconsider the following: (1) maintenance of effective controlsagainst diversion of controlled substances intoother than lawful medical, scientific, orindustrial channels; (2) compliance with applicable Federal,State and local law; (3) any convictions of the applicantunder any law of the United States or of any State relatingto any controlled substance; (4) past experience in the manufactureor distribution of controlled substances, andthe existence in the applicant's establishmentof effective controls against diversion; (5) furnishing by the applicant of falseor fraudulent material in any applicationfiled under this Act; (6) suspension or revocation of theapplicant's Federal registration to manufacture,distribute, or dispense controlled substances,or purchase, store, or administer euthanasiadrugs, as authorized by Federal law; (7) whether the applicant is suitablyequipped with

the facilities appropriate to carry on theoperation described in his application; (8) whether the applicant is of goodmoral character or, if the applicant is a partnership,association, corporation or otherorganization, whether the partners, directors,governing committee and managing officersare of good moral character; (9) any other factors relevant to andconsistent with the public health and safety; and (10) evidence from court, medicaldisciplinary and pharmacy board records and those ofState and Federal investigatory bodies thatthe applicant has not or does not prescribecontrolled substances within the provisionsof this Act. (b) No license shall be granted to orrenewed for any person who has within 5years been convicted of a wilful violation ofany law of the United States or any law ofany State relating to controlled substances,or who is found to be deficient in any of thematters enumerated in subsections (a)(1)through (a)(8). (c) Licensure under subsection (a) doesnot entitle a registrant to manufacture,distribute or dispense controlled substancesin Schedules I or II other than thosespecified in the registration. (d) Practitioners who are licensed todispense any controlled substances inSchedules II through V are authorized toconduct instructional activities withcontrolled substances in Schedules IIthrough V under the law of this State. (e) If an applicant for registration isregistered under the Federal law tomanufacture, distribute or dispensecontrolled substances, or purchase, store, or

administer euthanasia drugs, upon filing acompleted application for licensure in thisState and payment of all fees due hereunder,he shall be licensed in this State to the sameextent as his Federal registration, unless,within 30 days after completing hisapplication in this State, the Department ofProfessional Regulation notifies theapplicant that his application has not beengranted. A practitioner who is in compliancewith the Federal law with respect toregistration to dispense controlledsubstances in Schedules II through V needonly send a current copy of that Federalregistration to the Department ofProfessional Regulation and he shall bedeemed in compliance with the registrationprovisions of this State. (e 5) Beginning July 1, 2003, all of thefees and fines collected under this Section303 shall be deposited into the Illinois StatePharmacy Disciplinary Fund. (f) The fee for registration as amanufacturer or wholesale distributor ofcontrolled substances shall be $50.00 peryear, except that the fee for registration as amanufacturer or wholesale distributor ofcontrolled substances that may be dispensedwithout a prescription under this Act shallbe $15.00 per year. The expiration date andrenewal period for each controlled substancelicense issued under this Act shall be set byrule. (Source: P.A. 93 32, eff. 7 1 03; 93 626, eff.12 23 03.)

(720 ILCS 570/303.05) (Text of Section from P.A. 96 189) Sec. 303.05. Mid level practitionerregistration. (a) The Department of ProfessionalRegulation shall register licensed physicianassistants and licensed advanced practicenurses to prescribe and dispense controlledsubstances under Section 303 and euthanasia

agencies to purchase, store, or administeranimal euthanasia drugs under the followingcircumstances: (1) with respect to physician assistants, (A) the physician assistant has beendelegated authority to prescribe any Schedule IIIthrough V controlled substances by aphysician licensed to practice medicine inall its branches in accordance with Section7.5 of the Physician Assistant Practice Actof 1987; and (B) the physician assistant hascompleted the appropriate application forms and haspaid the required fees as set by rule; (2) with respect to advanced practicenurses, (A) the advanced practice nurse hasbeen delegated authority to prescribe anySchedule III through V controlledsubstances by a physician licensed topractice medicine in all its branches or apodiatrist in accordance with Section 65 40of the Nurse Practice Act. The advancedpractice nurse has completed the appropriateapplication forms and has paid the requiredfees as set by rule; or (B) the advanced practice nurse hasbeen delegated authority by a collaboratingphysician licensed to practice medicine inall its branches to prescribe or dispenseSchedule II controlled substances through awritten delegation of authority and under thefollowing conditions: (i) no more than 5 Schedule IIcontrolled substances by oral dosage may bedelegated;

(ii) any delegation must be ofcontrolled substances prescribed by thecollaborating physician; (iii) all prescriptions must belimited to no more than a 30 day oral dosage,with any continuation authorized only afterprior approval of the collaboratingphysician; (iv) the advanced practice nursemust discuss the condition of any patients forwhom a controlled substance is prescribedmonthly with the delegating physician; and (v) the advanced practice nursemust have completed the appropriateapplication forms and paid the required feesas set by rule; or (3) with respect to animal euthanasiaagencies, the euthanasia agency has obtained a licensefrom the Department of ProfessionalRegulation and obtained a registrationnumber from the Department. (b) The mid level practitioner shall onlybe licensed to prescribe those schedules ofcontrolled substances for which a licensedphysician or licensed podiatrist hasdelegated prescriptive authority, except thatan animal euthanasia agency does not haveany prescriptive authority. A physicianassistant and an advanced practice nurse areprohibited from prescribing medications andcontrolled substances not set forth in therequired written delegation of authority. (c) Upon completion of all registrationrequirements, physician assistants, advancedpractice nurses, and animal euthanasiaagencies shall be issued a mid level

practitioner controlled substances license forIllinois. (Source: P.A. 95 639, eff. 10 5 07; 96 189,eff. 8 10 09.) (Text of Section from P.A. 96 268) Sec. 303.05. Mid level practitionerregistration. (a) The Department of Financial andProfessional Regulation shall registerlicensed physician assistants and licensedadvanced practice nurses to prescribe anddispense controlled substances underSection 303 and euthanasia agencies topurchase, store, or administer animaleuthanasia drugs under the followingcircumstances: (1) with respect to physician assistants, (A) the physician assistant has beendelegated authority to prescribe any Schedule IIIthrough V controlled substances by aphysician licensed to practice medicine inall its branches in accordance with Section7.5 of the Physician Assistant Practice Actof 1987 or Section 65 40 of the NursePractice Act; and the physician assistant hascompleted the appropriate application formsand has paid the required fees as set by rule;or (B) the physician assistant has beendelegated authority by a supervising physicianlicensed to practice medicine in all itsbranches to prescribe or dispense ScheduleII controlled substances through a writtendelegation of authority and under thefollowing conditions: (i) no more than 5 Schedule IIcontrolled substances by oral dosage may bedelegated; (ii) any delegation must be of

controlled substances prescribed by thesupervising physician; (iii) all prescriptions must belimited to no more than a 30 day oral dosage,with any continuation authorized only afterprior approval of the supervising physician; (iv) the physician assistant mustdiscuss the condition of any patients for whoma controlled substance is prescribed monthlywith the delegating physician; and (v) the physician assistant musthave completed the appropriateapplication forms and paid the required feesas set by rule; and (2) with respect to advanced practicenurses, (A) the advanced practice nurse hasbeen delegated authority to prescribe anySchedule III through V controlledsubstances by a physician licensed topractice medicine in all its branches or apodiatrist in accordance with Section 65 40of the Nurse Practice Act. The advancedpractice nurse has completed the appropriateapplication forms and has paid the requiredfees as set by rule; or (B) the advanced practice nurse hasbeen delegated authority by a collaboratingphysician licensed to practice medicine inall its branches to prescribe or dispenseSchedule II controlled substances through awritten delegation of authority and under thefollowing conditions: (i) no more than 5 Schedule II

controlled substances by oral dosage may bedelegated; (ii) any delegation must be ofcontrolled substances prescribed by thecollaborating physician; (iii) all prescriptions must belimited to no more than a 30 day oral dosage,with any continuation authorized only afterprior approval of the collaboratingphysician; (iv) the advanced practice nursemust discuss the condition of any patients forwhom a controlled substance is prescribedmonthly with the delegating physician; and (v) the advanced practice nursemust have completed the appropriateapplication forms and paid the required feesas set by rule; or (3) with respect to animal euthanasiaagencies, the euthanasia agency has obtained a licensefrom the Department of ProfessionalRegulation and obtained a registrationnumber from the Department. (b) The mid level practitioner shall onlybe licensed to prescribe those schedules ofcontrolled substances for which a licensedphysician or licensed podiatrist hasdelegated prescriptive authority, except thatan animal euthanasia agency does not haveany prescriptive authority. A physicianassistant and an advanced practice nurse areprohibited from prescribing medications andcontrolled substances not set forth in therequired written delegation of authority.

(c) Upon completion of all registrationrequirements, physician assistants, advancedpractice nurses, and animal euthanasiaagencies shall be issued a mid levelpractitioner controlled substances license forIllinois. (Source: P.A. 95 639, eff. 10 5 07; 96 268,eff. 8 11 09.)

(720 ILCS 570/303.1) (from Ch. 56 1/2,par. 1303.1) Sec. 303.1. Any person who delivers acheck or other payment to the Department ofProfessional Regulation that is returned tothe Department unpaid by the financialinstitution upon which it is drawn shall payto the Department, in addition to the amountalready owed to the Department, a fine of$50. If the check or other payment was for arenewal or issuance fee and that personpractices without paying the renewal fee orissuance fee and the fine due, an additionalfine of $100 shall be imposed. The finesimposed by this Section are in addition toany other discipline provided under this Actfor unlicensed practice or practice on anonrenewed license. The Department ofProfessional Regulation shall notify theperson that payment of fees and fines shallbe paid to the Department by certified checkor money order within 30 calendar days ofthe notification. If, after the expiration of 30days from the date of the notification, theperson has failed to submit the necessaryremittance, the Department of ProfessionalRegulation shall automatically terminate thelicense or certificate or deny the application,without hearing. If, after termination ordenial, the person seeks a license orcertificate, he or she shall apply to theDepartment for restoration or issuance of thelicense or certificate and pay all fees andfines due to the Department. TheDepartment of Professional Regulation mayestablish a fee for the processing of an

application for restoration of a license orcertificate to pay all expenses of processingthis application. The Director may waive thefines due under this Section in individualcases where the Director finds that the fineswould be unreasonable or unnecessarilyburdensome. (Source: P.A. 89 507, eff. 7 1 97.)

(720 ILCS 570/304) (from Ch. 56 1/2,par. 1304) Sec. 304. (a) A registration under Section303 to manufacture, distribute, or dispense acontrolled substance or purchase, store, oradminister euthanasia drugs may besuspended or revoked by the Department ofProfessional Regulation upon a finding thatthe registrant: (1) has furnished any false orfraudulent material information in any application filedunder this Act; or (2) has been convicted of a felonyunder any law of the United States or any State relating toany controlled substance; or (3) has had suspended or revoked hisFederal registration to manufacture, distribute, ordispense controlled substances or purchase,store, or administer euthanasia drugs; or (4) has been convicted of bribery,perjury, or other infamous crime under the laws of theUnited States or of any State; or (5) has violated any provision of thisAct or any rules promulgated hereunder, or anyprovision of the MethamphetaminePrecursor Control Act or rules promulgatedthereunder, whether or not he has been

convicted of such violation; or (6) has failed to provide effectivecontrols against the diversion of controlled substances inother than legitimate medical, scientific orindustrial channels. (b) The Department of ProfessionalRegulation may limit revocation orsuspension of a registration to the particularcontrolled substance with respect to whichgrounds for revocation or suspension exist. (c) The Department of ProfessionalRegulation shall promptly notify theAdministration, the Department and theDepartment of State Police or theirsuccessor agencies, of all orders denying,suspending or revoking registration, allforfeitures of controlled substances, and allfinal court dispositions, if any, of suchdenials, suspensions, revocations orforfeitures. (d) If Federal registration of any registrantis suspended, revoked, refused renewal orrefused issuance, then the Department ofProfessional Regulation shall issue a noticeand conduct a hearing in accordance withSection 305 of this Act. (Source: P.A. 93 626, eff. 12 23 03; 94 694,eff. 1 15 06.)

(720 ILCS 570/305) (from Ch. 56 1/2,par. 1305) Sec. 305. (a) Before denying, refusingrenewal of, suspending or revoking aregistration, the Department of ProfessionalRegulation shall serve upon the applicant orregistrant, by registered mail at the addressin the application or registration or by anyother means authorized under the CivilPractice Law or Rules of the IllinoisSupreme Court for the service of summonsor subpoenas, a notice of hearing todetermine why registration should not be

denied, refused renewal, suspended orrevoked. The notice shall contain astatement of the basis therefor and shall callupon the applicant or registrant to appearbefore the Department of ProfessionalRegulation at a reasonable time and place.These proceedings shall be conducted inaccordance with Sections 2105 5, 2105 15,2105 100, 2105 105, 2105 110, 2105 115,2105 120, 2105 125, 2105 175, and 2105325 of the Department of ProfessionalRegulation Law (20 ILCS 2105/2105 5,2105/2105 15, 2105/2105 100, 2105/2105105, 2105/2105 110, 2105/2105 115,2105/2105 120, 2105/2105 125, 2105/2105175, and 2105/2105 325), without regard toany criminal prosecution or otherproceeding. Except as authorized insubsection (c), proceedings to refuserenewal or suspend or revoke registrationshall not abate the existing registration,which shall remain in effect until theDepartment of Professional Regulation hasheld the hearing called for in the notice andfound, with input from the appropriatelicensure or disciplinary board, that theregistration shall no longer remain in effect. (b) The Director may appoint an attorneyduly licensed to practice law in the State ofIllinois to serve as the hearing officer in anyaction to deny, refuse to renew, suspend, orrevoke, or take any other disciplinary actionwith regard to a registration. The hearingofficer shall have full authority to conductthe hearing. The hearing officer shall reporthis or her findings and recommendations tothe appropriate licensure or disciplinaryboard within 30 days after receiving therecord. The Disciplinary Board shall have60 days from receipt of the report to reviewthe report of the hearing officer and presentits findings of fact, conclusions of law, andrecommendations to the Director. (c) If the Department of ProfessionalRegulation finds that there is an imminentdanger to the public health or safety by the

continued manufacture, distribution ordispensing of controlled substances by theregistrant, the Department of ProfessionalRegulation may, upon the issuance of awritten ruling stating the reasons for suchfinding and without notice or hearing,suspend such registrant. The suspensionshall continue in effect for not more than 14days during which time the registrant shallbe given a hearing on the issues involved inthe suspension. If after the hearing, and afterinput from the appropriate licensure ordisciplinary board, the Department ofProfessional Regulation finds that the publichealth or safety requires the suspension toremain in effect it shall so remain until theruling is terminated by its own terms orsubsequent ruling or is dissolved by a circuitcourt upon determination that the suspensionwas wholly without basis in fact and law. (d) If, after a hearing as provided insubsection (a), the Department ofProfessional Regulation finds that aregistration should be refused renewal,suspended or revoked, a written ruling tothat effect shall be entered. The Departmentof Professional Regulation's ruling shallremain in effect until the ruling is terminatedby its own terms or subsequent ruling or isdissolved by a circuit court upon adetermination that the refusal to renewsuspension or revocation was whollywithout basis in fact and law. (Source: P.A. 91 239, eff. 1 1 00.)

(720 ILCS 570/306) (from Ch. 56 1/2,par. 1306) Sec. 306. Every practitioner and personwho is required under this Act to beregistered to manufacture, distribute ordispense controlled substances or purchase,store, or administer euthanasia drugs underthis Act shall keep records and maintaininventories in conformance with therecordkeeping and inventory requirements

of the laws of the United States and with anyadditional rules and forms issued by theDepartment of Professional Regulation. (Source: P.A. 93 626, eff. 12 23 03.)

(720 ILCS 570/307) (from Ch. 56 1/2,par. 1307) Sec. 307. Controlled substances in Schedules I andII shall be distributed by a registrant toanother registrant only pursuant to a writtenorder. Compliance with the laws of theUnited States respecting order forms shallbe deemed compliance with this Section. (Source: P. A. 77 757.)

(720 ILCS 570/308) (from Ch. 56 1/2,par. 1308) Sec. 308. (Repealed). (Source: P.A. 89 202, eff. 10 1 95. Repealedby P.A. 91 576, eff. 4 1 00.)

(720 ILCS 570/309) (from Ch. 56 1/2,par. 1309) Sec. 309. On or after April 1, 2000, noperson shall issue a prescription for aSchedule II controlled substance, which is anarcotic drug listed in Section 206 of thisAct; or which contains any quantity ofamphetamine or methamphetamine, theirsalts, optical isomers or salts of opticalisomers; phenmetrazine and its salts;gluthethimide; and pentazocine, other thanon a written prescription; provided that inthe case of an emergency, epidemic or asudden or unforeseen accident or calamity,the prescriber may issue a lawful oralprescription where failure to issue such aprescription might result in loss of life orintense suffering, but such oral prescriptionshall include a statement by the prescriberconcerning the accident or calamity, orcircumstances constituting the emergency,

the cause for which an oral prescription wasused. Within 7 days after issuing anemergency prescription, the prescriber shallcause a written prescription for theemergency quantity prescribed to bedelivered to the dispensing pharmacist. Theprescription shall have written on its face"Authorization for Emergency Dispensing",and the date of the emergency prescription.The written prescription may be delivered tothe pharmacist in person, or by mail, but ifdelivered by mail it must be postmarkedwithin the 7 day period. Upon receipt, thedispensing pharmacist shall attach thisprescription to the emergency oralprescription earlier received and reduced towriting. The dispensing pharmacist shallnotify the Department of Human Services ifthe prescriber fails to deliver theauthorization for emergency dispensing onthe prescription to him. Failure of thedispensing pharmacist to do so shall void theauthority conferred by this paragraph todispense without a written prescription of aprescriber. All prescriptions issued forSchedule II controlled substances shallinclude both a written and numericalnotation of quantity on the face of theprescription. No prescription for a ScheduleII controlled substance may be refilled. TheDepartment shall provide, at no cost, auditreviews and necessary information to theDepartment of Professional Regulation inconjunction with ongoing investigationsbeing conducted in whole or part by theDepartment of Professional Regulation. (Source: P.A. 95 689, eff. 10 29 07.)

(720 ILCS 570/310) (from Ch. 56 1/2,par. 1310) Sec. 310. (Repealed). (Source: P.A. 84 1308. Repealed by P.A. 91576, eff. 4 1 00.)

(720 ILCS 570/311) (from Ch. 56 1/2,par. 1311) Sec. 311. (Repealed). (Source: P.A. 89 202, eff. 10 1 95. Repealedby P.A. 91 576, eff. 4 1 00.)

(720 ILCS 570/312) (from Ch. 56 1/2,par. 1312) Sec. 312. Requirements for dispensingcontrolled substances. (a) A practitioner, in good faith, maydispense a Schedule II controlled substance,which is a narcotic drug listed in Section206 of this Act; or which contains anyquantity of amphetamine ormethamphetamine, their salts, opticalisomers or salts of optical isomers;phenmetrazine and its salts; or pentazocine;and Schedule III, IV, or V controlledsubstances to any person upon a writtenprescription of any prescriber, dated andsigned by the person prescribing on the daywhen issued and bearing the name andaddress of the patient for whom, or theowner of the animal for which the controlledsubstance is dispensed, and the full name,address and registry number under the lawsof the United States relating to controlledsubstances of the prescriber, if he is requiredby those laws to be registered. If theprescription is for an animal it shall state thespecies of animal for which it is ordered.The practitioner filling the prescription shallwrite the date of filling and his ownsignature on the face of the writtenprescription. The written prescription shallbe retained on file by the practitioner whofilled it or pharmacy in which theprescription was filled for a period of 2years, so as to be readily accessible forinspection or removal by any officer oremployee engaged in the enforcement of thisAct. Whenever the practitioner's orpharmacy's copy of any prescription isremoved by an officer or employee engaged

in the enforcement of this Act, for thepurpose of investigation or as evidence, suchofficer or employee shall give to thepractitioner or pharmacy a receipt in lieuthereof. A prescription for a Schedule IIcontrolled substance shall not be filled morethan 90 days after the date of issuance. Awritten prescription for Schedule III, IV orV controlled substances shall not be filled orrefilled more than 6 months after the datethereof or refilled more than 5 times unlessrenewed, in writing, by the prescriber. (b) In lieu of a written prescriptionrequired by this Section, a pharmacist, ingood faith, may dispense Schedule III, IV,or V substances to any person either uponreceiving a facsimile of a written, signedprescription transmitted by the prescriber orthe prescriber's agent or upon a lawful oralprescription of a prescriber which oralprescription shall be reduced promptly towriting by the pharmacist and such writtenmemorandum thereof shall be dated on theday when such oral prescription is receivedby the pharmacist and shall bear the fullname and address of the ultimate user forwhom, or of the owner of the animal forwhich the controlled substance is dispensed,and the full name, address, and registrynumber under the law of the United Statesrelating to controlled substances of theprescriber prescribing if he is required bythose laws to be so registered, and thepharmacist filling such oral prescriptionshall write the date of filling and his ownsignature on the face of such writtenmemorandum thereof. The facsimile copy ofthe prescription or written memorandum ofthe oral prescription shall be retained on fileby the proprietor of the pharmacy in whichit is filled for a period of not less than twoyears, so as to be readily accessible forinspection by any officer or employeeengaged in the enforcement of this Act inthe same manner as a written prescription.The facsimile copy of the prescription or

oral prescription and the writtenmemorandum thereof shall not be filled orrefilled more than 6 months after the datethereof or be refilled more than 5 times,unless renewed, in writing, by theprescriber. (c) Except for any non prescriptiontargeted methamphetamine precursorregulated by the MethamphetaminePrecursor Control Act, a controlledsubstance included in Schedule V shall notbe distributed or dispensed other than for amedical purpose and not for the purpose ofevading this Act, and then: (1) only personally by a personregistered to dispense a Schedule V controlledsubstance and then only to his patients, or (2) only personally by a pharmacist,and then only to a person over 21 years of age who hasidentified himself to the pharmacist bymeans of 2 positive documents ofidentification. (3) the dispenser shall record the nameand address of the purchaser, the name and quantityof the product, the date and time of the sale,and the dispenser's signature. (4) no person shall purchase or bedispensed more than 120 milliliters or more than 120grams of any Schedule V substance whichcontains codeine, dihydrocodeine, or anysalts thereof, or ethylmorphine, or any saltsthereof, in any 96 hour period. Thepurchaser shall sign a form, approved by theDepartment of Professional Regulation,attesting that he has not purchased anySchedule V controlled substances within theimmediately preceding 96 hours. (5) a copy of the records of sale,

including all information required by paragraph (3),shall be forwarded to the Department ofProfessional Regulation at its principaloffice by the 15th day of the followingmonth. (6) all records of purchases and salesshall be maintained for not less than 2 years. (7) no person shall obtain or attempt toobtain within any consecutive 96 hour periodany Schedule V substances of more than 120milliliters or more than 120 gramscontaining codeine, dihydrocodeine or anyof its salts, or ethylmorphine or any of itssalts. Any person obtaining any suchpreparations or combination of preparationsin excess of this limitation shall be inunlawful possession of such controlledsubstance. (8) a person qualified to dispensecontrolled substances under this Act and registeredthereunder shall at no time maintain or keepin stock a quantity of Schedule V controlledsubstances defined and listed in Section 212(b) (1), (2) or (3) in excess of 4.5 liters foreach substance; a pharmacy shall at no timemaintain or keep in stock a quantity ofSchedule V controlled substances as definedin excess of 4.5 liters for each substance,plus the additional quantity of controlledsubstances necessary to fill the largestnumber of prescription orders filled by thatpharmacy for such controlled substances inany one week in the previous year. Theselimitations shall not apply to Schedule Vcontrolled substances which Federal lawprohibits from being dispensed without aprescription. (9) no person shall distribute or

dispense butyl nitrite for inhalation or other introductioninto the human body for euphoric orphysical effect. (d) Every practitioner shall keep a recordof controlled substances received by himand a record of all such controlledsubstances administered, dispensed orprofessionally used by him otherwise thanby prescription. It shall, however, besufficient compliance with this paragraph ifany practitioner utilizing controlledsubstances listed in Schedules III, IV and Vshall keep a record of all those substancesdispensed and distributed by him other thanthose controlled substances which areadministered by the direct application of acontrolled substance, whether by injection,inhalation, ingestion, or any other means tothe body of a patient or research subject. Apractitioner who dispenses, other than byadministering, a controlled substance inSchedule II, which is a narcotic drug listedin Section 206 of this Act, or which containsany quantity of amphetamine ormethamphetamine, their salts, opticalisomers or salts of optical isomers,pentazocine, or methaqualone shall do soonly upon the issuance of a writtenprescription blank by a prescriber. (e) Whenever a manufacturer distributes acontrolled substance in a package preparedby him, and whenever a wholesaledistributor distributes a controlled substancein a package prepared by him or themanufacturer, he shall securely affix to eachpackage in which that substance is containeda label showing in legible English the nameand address of the manufacturer, thedistributor and the quantity, kind and formof controlled substance contained therein.No person except a pharmacist and only forthe purposes of filling a prescription underthis Act, shall alter, deface or remove anylabel so affixed.

(f) Whenever a practitioner dispenses anycontrolled substance except a nonprescription targeted methamphetamineprecursor regulated by theMethamphetamine Precursor Control Act,he shall affix to the container in which suchsubstance is sold or dispensed, a labelindicating the date of initial filling, thepractitioner's name and address, the name ofthe patient, the name of the prescriber, thedirections for use and cautionary statements,if any, contained in any prescription orrequired by law, the proprietary name ornames or the established name of thecontrolled substance, and the dosage andquantity, except as otherwise authorized byregulation by the Department ofProfessional Regulation. No person shallalter, deface or remove any label so affixed. (g) A person to whom or for whose useany controlled substance has beenprescribed or dispensed by a practitioner, orother persons authorized under this Act, andthe owner of any animal for which suchsubstance has been prescribed or dispensedby a veterinarian, may lawfully possess suchsubstance only in the container in which itwas delivered to him by the persondispensing such substance. (h) The responsibility for the properprescribing or dispensing of controlledsubstances is upon the prescriber and theresponsibility for the proper filling of aprescription for controlled substance drugsrests with the pharmacist. An orderpurporting to be a prescription issued to anyindividual, which is not in the regular courseof professional treatment nor part of anauthorized methadone maintenanceprogram, nor in legitimate and authorizedresearch instituted by any accreditedhospital, educational institution, charitablefoundation, or federal, state or localgovernmental agency, and which is intendedto provide that individual with controlledsubstances sufficient to maintain that

individual's or any other individual'sphysical or psychological addiction, habitualor customary use, dependence, or diversionof that controlled substance is not aprescription within the meaning and intentof this Act; and the person issuing it, shallbe subject to the penalties provided forviolations of the law relating to controlledsubstances. (i) A prescriber shall not preprint or causeto be preprinted a prescription for anycontrolled substance; nor shall anypractitioner issue, fill or cause to be issuedor filled, a preprinted prescription for anycontrolled substance. (j) No person shall manufacture, dispense,deliver, possess with intent to deliver,prescribe, or administer or cause to beadministered under his direction anyanabolic steroid, for any use in humansother than the treatment of disease inaccordance with the order of a physicianlicensed to practice medicine in all itsbranches for a valid medical purpose in thecourse of professional practice. The use ofanabolic steroids for the purpose ofhormonal manipulation that is intended toincrease muscle mass, strength or weightwithout a medical necessity to do so, or forthe intended purpose of improving physicalappearance or performance in any form ofexercise, sport, or game, is not a validmedical purpose or in the course ofprofessional practice. (Source: P.A. 96 166, eff. 1 1 10.)

(720 ILCS 570/313) (from Ch. 56 1/2,par. 1313) Sec. 313. (a) Controlled substances whichare lawfully administered in hospitals orinstitutions licensed under the "HospitalLicensing Act" shall be exempt from therequirements of Sections 312 and 316except that the prescription for thecontrolled substance shall be in writing on

the patient's record, signed by the prescriber,dated, and shall state the name, and quantityof controlled substances ordered and thequantity actually administered. The recordsof such prescriptions shall be maintained fortwo years and shall be available forinspection by officers and employees of theDepartment of State Police, and theDepartment of Professional Regulation. (b) Controlled substances that canlawfully be administered or dispenseddirectly to a patient in a long term carefacility licensed by the Department of PublicHealth as a skilled nursing facility,intermediate care facility, or long term carefacility for residents under 22 years of age,are exempt from the requirements of Section312 except that a prescription for a ScheduleII controlled substance must be either awritten prescription signed by the prescriberor a written prescription transmitted by theprescriber or prescriber's agent to thedispensing pharmacy by facsimile. Thefacsimile serves as the original prescriptionand must be maintained for 2 years from thedate of issue in the same manner as a writtenprescription signed by the prescriber. (c) A prescription that is written for aSchedule II controlled substance to becompounded for direct administration byparenteral, intravenous, intramuscular,subcutaneous, or intraspinal infusion to apatient in a private residence, long term carefacility, or hospice program may betransmitted by facsimile by the prescriber orthe prescriber's agent to the pharmacyproviding the home infusion services. Thefacsimile serves as the original writtenprescription for purposes of this paragraph(c) and it shall be maintained in the samemanner as the original written prescription. (c 1) A prescription written for a ScheduleII controlled substance for a patient residingin a hospice certified by Medicare underTitle XVIII of the Social Security Act orlicensed by the State may be transmitted by

the practitioner or the practitioner's agent tothe dispensing pharmacy by facsimile. Thepractitioner or practitioner's agent must noteon the prescription that the patient is ahospice patient. The facsimile serves as theoriginal written prescription for purposes ofthis paragraph (c 1) and it shall bemaintained in the same manner as theoriginal written prescription. (d) Controlled substances which arelawfully administered and/or dispensed indrug abuse treatment programs licensed bythe Department shall be exempt from therequirements of Sections 312 and 316,except that the prescription for suchcontrolled substances shall be issued andauthenticated on official prescription logsprepared and supplied by the Department.The official prescription logs issued by theDepartment shall be printed in triplicate ondistinctively marked paper and furnished toprograms at reasonable cost. The officialprescription logs furnished to the programsshall contain, in preprinted form, suchinformation as the Department may require.The official prescription logs shall beproperly endorsed by a physician licensed topractice medicine in all its branches issuingthe order, with his own signature and thedate of ordering, and further endorsed by thepractitioner actually administering ordispensing the dosage at the time of suchadministering or dispensing in accordancewith requirements issued by the Department.The duplicate copy shall be retained by theprogram for a period of not less than threeyears nor more than seven years; the originaland triplicate copy shall be returned to theDepartment at its principal office inaccordance with requirements set forth bythe Department. (Source: P.A. 95 442, eff. 1 1 08.)

(720 ILCS 570/314) (from Ch. 56 1/2,par. 1314)

Sec. 314. Except when a practitioner shall dispenseon behalf of a charitable organization asdefined in Section 501 (c) of the Federal"Internal Revenue Act", and then inconformance with other provisions of Stateand Federal laws relating to the dispensingof controlled substances, no practitionershall dispense a controlled substance by useof the United States mails or othercommercial carriers. (Source: P. A. 77 757.)

(720 ILCS 570/315) (from Ch. 56 1/2,par. 1315) Sec. 315. No controlled substance shall beadvertised to the public by name. (Source: P.A. 77 757.)

(720 ILCS 570/316) Sec. 316. Schedule II controlled substanceprescription monitoring program. TheDepartment must provide for a Schedule IIcontrolled substance prescription monitoringprogram that includes the followingcomponents: (1) The dispenser must transmit to thecentral repository the following information: (A) The recipient's name. (B) The recipient's address. (C) The national drug code numberof the Schedule II controlled substancedispensed. (D) The date the controlledsubstance is dispensed. (E) The quantity of the controlledsubstance

dispensed. (F) The dispenser's United StatesDrug Enforcement Administrationregistration number. (G) The prescriber's United StatesDrug Enforcement Administrationregistration number. (2) The information required to betransmitted under this Section must be transmitted not morethan 7 days after the date on which acontrolled substance is dispensed. (3) A dispenser must transmit theinformation required under this Section by: (A) an electronic device compatiblewith the receiving device of the centralrepository; (B) a computer diskette; (C) a magnetic tape; or (D) a pharmacy universal claim formor Pharmacy Inventory Control form; that meets specifications prescribed by theDepartment. Controlled substance prescriptionmonitoring does not apply to controlledsubstance prescriptions as exempted underSection 313. (Source: P.A. 95 442, eff. 1 1 08.)

(720 ILCS 570/317) Sec. 317. Central repository for collectionof information. (a) The Department must designate a

central repository for the collection ofinformation transmitted under Section 316and 321. (b) The central repository must do thefollowing: (1) Create a database for informationrequired to be transmitted under Section 316 in the formrequired under rules adopted by theDepartment, including search capability forthe following: (A) A recipient's name. (B) A recipient's address. (C) The national drug code numberof a controlled substance dispensed. (D) The dates a controlled substanceis dispensed. (E) The quantities of a controlledsubstance dispensed. (F) A dispenser's United States DrugEnforcement Administration registration number. (G) A prescriber's United StatesDrug Enforcement Administrationregistration number. (2) Provide the Department with adatabase maintained by the central repository. TheDepartment of Financial and ProfessionalRegulation must provide the Departmentwith electronic access to the licenseinformation of a prescriber or dispenser. TheDepartment of Financial and ProfessionalRegulation may charge a fee for this accessnot to exceed the actual cost of furnishingthe information.

(3) Secure the information collected bythe central repository and the database maintainedby the central repository against access byunauthorized persons. No fee shall be charged for access by aprescriber or dispenser. (Source: P.A. 95 442, eff. 1 1 08.)

(720 ILCS 570/318) Sec. 318. Confidentiality of information. (a) Information received by the centralrepository under Section 316 and 321 isconfidential. (b) The Department must carry out aprogram to protect the confidentiality of theinformation described in subsection (a). TheDepartment may disclose the information toanother person only under subsection (c),(d), or (f) and may charge a fee not toexceed the actual cost of furnishing theinformation. (c) The Department may discloseconfidential information described insubsection (a) to any person who is engagedin receiving, processing, or storing theinformation. (d) The Department may releaseconfidential information described insubsection (a) to the following persons: (1) A governing body that licensespractitioners and is engaged in an investigation, anadjudication, or a prosecution of a violationunder any State or federal law that involvesa controlled substance. (2) An investigator for the ConsumerProtection Division of the office of the AttorneyGeneral, a prosecuting attorney, the

Attorney General, a deputy AttorneyGeneral, or an investigator from the officeof the Attorney General, who is engaged inany of the following activities involvingcontrolled substances: (A) an investigation; (B) an adjudication; or (C) a prosecution of a violationunder any State or federal law that involves acontrolled substance. (3) A law enforcement officer who is: (A) authorized by the Department ofState Police or the office of a county sheriff orState's Attorney or municipal policedepartment of Illinois to receive informationof the type requested for the purpose ofinvestigations involving controlledsubstances; or (B) approved by the Department toreceive information of the type requested forthe purpose of investigations involvingcontrolled substances; and (C) engaged in the investigation orprosecution of a violation under any State orfederal law that involves a controlledsubstance. (e) Before the Department releasesconfidential information under subsection(d), the applicant must demonstrate inwriting to the Department that: (1) the applicant has reason to believethat a violation under any State or federal lawthat involves a controlled substance hasoccurred; and (2) the requested information is

reasonably related to the investigation, adjudication, orprosecution of the violation described insubdivision (1). (f) The Department may receive andrelease prescription record information to: (1) a governing body that licensespractitioners; (2) an investigator for the ConsumerProtection Division of the office of the AttorneyGeneral, a prosecuting attorney, theAttorney General, a deputy AttorneyGeneral, or an investigator from the officeof the Attorney General; (3) any Illinois law enforcement officerwho is: (A) authorized to receive the type of information released; and (B) approved by the Department toreceive the type of information released; or (4) prescription monitoring entities inother states per the provisions outlined in subsection(g) and (h) below; confidential prescription record informationcollected under Sections 316 and 321 thatidentifies vendors or practitioners, or both,who are prescribing or dispensing largequantities of Schedule II, III, IV, or Vcontrolled substances outside the scope oftheir practice, pharmacy, or business, asdetermined by the Advisory Committeecreated by Section 320. (g) The information described insubsection (f) may not be released until ithas been reviewed by an employee of theDepartment who is licensed as a prescriberor a dispenser and until that employee hascertified that further investigation is

warranted. However, failure to comply withthis subsection (g) does not invalidate theuse of any evidence that is otherwiseadmissible in a proceeding described insubsection (h). (h) An investigator or a law enforcementofficer receiving confidential informationunder subsection (c), (d), or (f) may disclosethe information to a law enforcement officeror an attorney for the office of the AttorneyGeneral for use as evidence in the following: (1) A proceeding under any State orfederal law that involves a controlled substance. (2) A criminal proceeding or aproceeding in juvenile court that involves a controlledsubstance. (i) The Department may compilestatistical reports from the informationdescribed in subsection (a). The reports mustnot include information that identifies, byname, license or address, any practitioner,dispenser, ultimate user, or other personadministering a controlled substance. (j) Based upon federal, initial andmaintenance funding, a prescriber anddispenser inquiry system shall be developedto assist the medical community in its goalof effective clinical practice and to preventpatients from diverting or abusingmedications. (1) An inquirer shall have read onlyaccess to a stand alone database which shall containrecords for the previous 6 months. (2) Dispensers may, upon positive andsecure identification, make an inquiry on apatient or customer solely for a medicalpurpose as delineated within the federalHIPAA law.

(3) The Department shall provide a oneto one secure link and encrypted software necessary toestablish the link between an inquirer andthe Department. Technical assistance shallalso be provided. (4) Written inquiries are acceptable butmust include the fee and the requestor's DrugEnforcement Administration license numberand submitted upon the requestor's businessstationary. (5) No data shall be stored in thedatabase beyond 24 months. (6) Tracking analysis shall beestablished and used per administrative rule. (7) Nothing in this Act or Illinois lawshall be construed to require a prescriber ordispenser to make use of this inquirysystem. (8) If there is an adverse outcomebecause of a prescriber or dispenser making aninquiry, which is initiated in good faith, theprescriber or dispenser shall be heldharmless from any civil liability. (Source: P.A. 95 442, eff. 1 1 08.)

(720 ILCS 570/319) Sec. 319. Rules. The Department mustadopt rules under the Illinois AdministrativeProcedure Act to implement Sections 316through 321, including the following: (1) Information collection and retrievalprocedures for the central repository, including the

controlled substances to be included in theprogram required under Section 316 and321. (2) Design for the creation of thedatabase required under Section 317. (3) Requirements for the developmentand installation of on line electronic accessby the Department to information collectedby the central repository. (Source: P.A. 95 442, eff. 1 1 08.)

(720 ILCS 570/320) Sec. 320. Advisory committee. (a) The Secretary of Human Servicesmust appoint an advisory committee toassist the Department in implementing thecontrolled substance prescription monitoringprogram created by Section 316 and 321 ofthis Act. The Advisory Committee consistsof prescribers and dispensers. (b) The Secretary of Human Servicesmust determine the number of members toserve on the advisory committee. TheSecretary must choose one of the membersof the advisory committee to serve as chairof the committee. (c) The advisory committee may appointits other officers as it deems appropriate. (d) The members of the advisorycommittee shall receive no compensation fortheir services as members of the advisorycommittee but may be reimbursed for theiractual expenses incurred in serving on theadvisory committee. (Source: P.A. 95 442, eff. 1 1 08.)

(720 ILCS 570/321) Sec. 321. Schedule III, IV, and Vcontrolled substance prescription monitoring

program. (a) The Department shall provide for aSchedule III, IV, and V controlledsubstances prescription monitoring programcontingent upon full funding from theauthorized federal agency less incidentalexpenses. (b) Prescription data collected forSchedules III, IV, and V shall include thecomponents listed in Section 316(1), (2),and (3). (c) The information required to betransmitted under this Section must betransmitted not more than 7 days after thedate on which a controlled substance isdispensed. (d) If federal funding is not provided, theDepartment shall cease data collection forSchedules III, IV, and V. (e) All requirements for this Section shallcomply with the federal HIPAA statute. (Source: P.A. 95 442, eff. 1 1 08.)

(720 ILCS 570/Art. IV heading) ARTICLE IV

(720 ILCS 570/401) (from Ch. 56 1/2,par. 1401) Sec. 401. Except as authorized by thisAct, it is unlawful for any person knowinglyto manufacture or deliver, or possess withintent to manufacture or deliver, a controlledsubstance other than methamphetamine, acounterfeit substance, or a controlledsubstance analog. A violation of this Actwith respect to each of the controlledsubstances listed herein constitutes a singleand separate violation of this Act. Forpurposes of this Section, "controlledsubstance analog" or "analog" means asubstance which is intended for humanconsumption, other than a controlledsubstance, that has a chemical structuresubstantially similar to that of a controlled

substance in Schedule I or II, or that wasspecifically designed to produce an effectsubstantially similar to that of a controlledsubstance in Schedule I or II. Examples ofchemical classes in which controlledsubstance analogs are found include, but arenot limited to, the following:phenethylamines, N substituted piperidines,morphinans, ecgonines, quinazolinones,substituted indoles, andarylcycloalkylamines. For purposes of thisAct, a controlled substance analog shall betreated in the same manner as the controlledsubstance to which it is substantially similar. (a) Any person who violates this Sectionwith respect to the following amounts ofcontrolled or counterfeit substances orcontrolled substance analogs,notwithstanding any of the provisions ofsubsections (c), (d), (e), (f), (g) or (h) to thecontrary, is guilty of a Class X felony andshall be sentenced to a term of imprisonmentas provided in this subsection (a) and finedas provided in subsection (b): (1) (A) not less than 6 years and notmore than 30 years with respect to 15 grams or morebut less than 100 grams of a substancecontaining heroin, or an analog thereof; (B) not less than 9 years and notmore than 40 years with respect to 100 grams ormore but less than 400 grams of a substancecontaining heroin, or an analog thereof; (C) not less than 12 years and notmore than 50 years with respect to 400 grams ormore but less than 900 grams of a substancecontaining heroin, or an analog thereof; (D) not less than 15 years and notmore than 60 years with respect to 900 grams ormore of any substance containing heroin, or

an analog thereof; (1.5) (A) not less than 6 years and notmore than 30 years with respect to 15 grams or morebut less than 100 grams of a substancecontaining fentanyl, or an analog thereof; (B) not less than 9 years and notmore than 40 years with respect to 100 grams ormore but less than 400 grams of a substancecontaining fentanyl, or an analog thereof; (C) not less than 12 years and notmore than 50 years with respect to 400 grams ormore but less than 900 grams of a substancecontaining fentanyl, or an analog thereof; (D) not less than 15 years and notmore than 60 years with respect to 900 grams ormore of a substance containing fentanyl, oran analog thereof; (2) (A) not less than 6 years and notmore than 30 years with respect to 15 grams or morebut less than 100 grams of a substancecontaining cocaine, or an analog thereof; (B) not less than 9 years and notmore than 40 years with respect to 100 grams ormore but less than 400 grams of a substancecontaining cocaine, or an analog thereof; (C) not less than 12 years and notmore than 50 years with respect to 400 grams ormore but less than 900 grams of a substancecontaining cocaine, or an analog thereof; (D) not less than 15 years and notmore than 60

years with respect to 900 grams ormore of any substance containing cocaine,or an analog thereof; (3) (A) not less than 6 years and notmore than 30 years with respect to 15 grams or morebut less than 100 grams of a substancecontaining morphine, or an analog thereof; (B) not less than 9 years and notmore than 40 years with respect to 100 grams ormore but less than 400 grams of a substancecontaining morphine, or an analog thereof; (C) not less than 12 years and notmore than 50 years with respect to 400 grams ormore but less than 900 grams of a substancecontaining morphine, or an analog thereof; (D) not less than 15 years and notmore than 60 years with respect to 900 grams ormore of a substance containing morphine, oran analog thereof; (4) 200 grams or more of any substancecontaining peyote, or an analog thereof; (5) 200 grams or more of any substancecontaining a derivative of barbituric acid or any of thesalts of a derivative of barbituric acid, or ananalog thereof; (6) 200 grams or more of any substancecontaining amphetamine or any salt of an opticalisomer of amphetamine, or an analogthereof; (6.5) (blank); (6.6) (blank);

(7) (A) not less than 6 years and notmore than 30 years with respect to: (i) 15 grams ormore but less than 100 grams of a substancecontaining lysergic acid diethylamide(LSD), or an analog thereof, or (ii) 15 ormore objects or 15 or more segregated partsof an object or objects but less than 200objects or 200 segregated parts of an objector objects containing in them or having uponthem any amounts of any substancecontaining lysergic acid diethylamide(LSD), or an analog thereof; (B) not less than 9 years and notmore than 40 years with respect to: (i) 100 grams ormore but less than 400 grams of a substancecontaining lysergic acid diethylamide(LSD), or an analog thereof, or (ii) 200 ormore objects or 200 or more segregatedparts of an object or objects but less than600 objects or less than 600 segregated partsof an object or objects containing in them orhaving upon them any amount of anysubstance containing lysergic aciddiethylamide (LSD), or an analog thereof; (C) not less than 12 years and notmore than 50 years with respect to: (i) 400 grams ormore but less than 900 grams of a substancecontaining lysergic acid diethylamide(LSD), or an analog thereof, or (ii) 600 ormore objects or 600 or more segregatedparts of an object or objects but less than1500 objects or 1500 segregated parts of anobject or objects containing in them orhaving upon them any amount of anysubstance containing lysergic aciddiethylamide (LSD), or an analog thereof; (D) not less than 15 years and notmore than 60 years with respect to: (i) 900 grams ormore of any substance containing lysergic

acid diethylamide (LSD), or an analogthereof, or (ii) 1500 or more objects or 1500or more segregated parts of an object orobjects containing in them or having uponthem any amount of a substance containinglysergic acid diethylamide (LSD), or ananalog thereof; (7.5) (A) not less than 6 years and notmore than 30 years with respect to: (i) 15 grams ormore but less than 100 grams of a substancelisted 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 ananalog or derivative thereof, or (ii) 15 ormore pills, tablets, caplets, capsules, orobjects but less than 200 pills, tablets,caplets, capsules, or objects containing inthem or having upon them any amounts ofany substance listed in paragraph (1), (2),(2.1), (2.2), (3), (14.1), (19), (20), (20.1),(21), (25), or (26) of subsection (d) ofSection 204, or an analog or derivativethereof; (B) not less than 9 years and notmore than 40 years with respect to: (i) 100 grams ormore but less than 400 grams of a substancelisted 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 ananalog or derivative thereof, or (ii) 200 ormore pills, tablets, caplets, capsules, orobjects but less than 600 pills, tablets,caplets, capsules, or objects containing inthem or having upon them any amount ofany substance listed in paragraph (1), (2),(2.1), (2.2), (3), (14.1), (19), (20), (20.1),(21), (25), or (26) of subsection (d) ofSection 204, or an analog or derivativethereof; (C) not less than 12 years and notmore than 50

years with respect to: (i) 400 grams ormore but less than 900 grams of a substancelisted 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 ananalog or derivative thereof, or (ii) 600 ormore pills, tablets, caplets, capsules, orobjects but less than 1,500 pills, tablets,caplets, capsules, or objects containing inthem or having upon them any amount ofany substance listed in paragraph (1), (2),(2.1), (2.2), (3), (14.1), (19), (20), (20.1),(21), (25), or (26) of subsection (d) ofSection 204, or an analog or derivativethereof; (D) not less than 15 years and notmore than 60 years with respect to: (i) 900 grams ormore 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 derivativethereof, or (ii) 1,500 or more pills, tablets,caplets, capsules, or objects containing inthem or having upon them any amount of asubstance listed in paragraph (1), (2), (2.1),(2.2), (3), (14.1), (19), (20), (20.1), (21),(25), or (26) of subsection (d) of Section204, or an analog or derivative thereof; (8) 30 grams or more of any substancecontaining pentazocine or any of the salts, isomersand salts of isomers of pentazocine, or ananalog thereof; (9) 30 grams or more of any substancecontaining methaqualone or any of the salts, isomersand salts of isomers of methaqualone, or ananalog thereof; (10) 30 grams or more of any substancecontaining phencyclidine or any of the salts, isomers

and salts of isomers of phencyclidine (PCP),or an analog thereof; (10.5) 30 grams or more of anysubstance containing ketamine or any of the salts, isomers andsalts of isomers of ketamine, or an analogthereof; (11) 200 grams or more of anysubstance containing any other controlled substance classifiedin Schedules I or II, or an analog thereof,which is not otherwise included in thissubsection. (b) Any person sentenced with respect toviolations of paragraph (1), (2), (3), (7), or(7.5) of subsection (a) involving 100 gramsor more of the controlled substance namedtherein, may in addition to the penaltiesprovided therein, be fined an amount notmore than $500,000 or the full street valueof the controlled or counterfeit substance orcontrolled substance analog, whichever isgreater. The term "street value" shall havethe meaning ascribed in Section 110 5 of theCode of Criminal Procedure of 1963. Anyperson sentenced with respect to any otherprovision of subsection (a), may in additionto the penalties provided therein, be fined anamount not to exceed $500,000. (b 1) Excluding violations of this Actwhen the controlled substance is fentanyl,any person sentenced to a term ofimprisonment with respect to violations ofSection 401, 401.1, 405, 405.1, 405.2, or407, when the substance containing thecontrolled substance contains any amount offentanyl, 3 years shall be added to the termof imprisonment imposed by the court, andthe maximum sentence for the offense shallbe increased by 3 years. (c) Any person who violates this Sectionwith regard to the following amounts ofcontrolled or counterfeit substances or

controlled substance analogs,notwithstanding any of the provisions ofsubsections (a), (b), (d), (e), (f), (g) or (h) tothe contrary, is guilty of a Class 1 felony.The fine for violation of this subsection (c)shall not be more than $250,000: (1) 1 gram or more but less than 15grams of any substance containing heroin, or an analogthereof; (1.5) 1 gram or more but less than 15grams of any substance containing fentanyl, or ananalog thereof; (2) 1 gram or more but less than 15grams of any substance containing cocaine, or ananalog thereof; (3) 10 grams or more but less than 15grams of any substance containing morphine, or ananalog thereof; (4) 50 grams or more but less than 200grams of any substance containing peyote, or an analogthereof; (5) 50 grams or more but less than 200grams of any substance containing a derivative ofbarbituric acid or any of the salts of aderivative of barbituric acid, or an analogthereof; (6) 50 grams or more but less than 200grams of any substance containing amphetamine orany salt of an optical isomer ofamphetamine, or an analog thereof; (6.5) (blank); (7) (i) 5 grams or more but less than 15

grams of any substance containing lysergic aciddiethylamide (LSD), or an analog thereof, or(ii) more than 10 objects or more than 10segregated parts of an object or objects butless than 15 objects or less than 15segregated parts of an object containing inthem or having upon them any amount ofany substance containing lysergic aciddiethylamide (LSD), or an analog thereof; (7.5) (i) 5 grams or more but less than15 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) ofSection 204, or an analog or derivativethereof, or (ii) more than 10 pills, tablets,caplets, capsules, or objects but less than 15pills, tablets, caplets, capsules, or objectscontaining in them or having upon them anyamount 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 derivativethereof; (8) 10 grams or more but less than 30grams of any substance containing pentazocine or anyof the salts, isomers and salts of isomers ofpentazocine, or an analog thereof; (9) 10 grams or more but less than 30grams of any substance containing methaqualone orany of the salts, isomers and salts of isomersof methaqualone, or an analog thereof; (10) 10 grams or more but less than 30grams of any substance containing phencyclidine orany of the salts, isomers and salts of isomersof phencyclidine (PCP), or an analogthereof;

(10.5) 10 grams or more but less than30 grams of any substance containing ketamine orany of the salts, isomers and salts of isomersof ketamine, or an analog thereof; (11) 50 grams or more but less than200 grams of any substance containing a substanceclassified in Schedules I or II, or an analogthereof, which is not otherwise included inthis subsection. (c 5) (Blank). (d) Any person who violates this Sectionwith regard to any other amount of acontrolled or counterfeit substance classifiedin Schedules I or II, or an analog thereof,which is (i) a narcotic drug, (ii) lysergic aciddiethylamide (LSD) or an analog thereof,(iii) any substance containing amphetamineor fentanyl or any salt or optical isomer ofamphetamine or fentanyl, or an analogthereof, or (iv) any substance containing NBenzylpiperazine (BZP) or any salt oroptical isomer of N Benzylpiperazine(BZP), or an analog thereof, is guilty of aClass 2 felony. The fine for violation of thissubsection (d) shall not be more than$200,000. (d 5) (Blank). (e) Any person who violates this Sectionwith regard to any other amount of acontrolled substance other thanmethamphetamine or counterfeit substanceclassified in Schedule I or II, or an analogthereof, which substance is not includedunder subsection (d) of this Section, is guiltyof a Class 3 felony. The fine for violation ofthis subsection (e) shall not be more than$150,000. (f) Any person who violates this Sectionwith regard to any other amount of acontrolled or counterfeit substance classifiedin Schedule III is guilty of a Class 3 felony.The fine for violation of this subsection (f)

shall not be more than $125,000. (g) Any person who violates this Sectionwith regard to any other amount of acontrolled or counterfeit substance classifiedin Schedule IV is guilty of a Class 3 felony.The fine for violation of this subsection (g)shall not be more than $100,000. (h) Any person who violates this Sectionwith regard to any other amount of acontrolled or counterfeit substance classifiedin Schedule V is guilty of a Class 3 felony.The fine for violation of this subsection (h)shall not be more than $75,000. (i) This Section does not apply to themanufacture, possession or distribution of asubstance in conformance with theprovisions of an approved new drugapplication or an exemption forinvestigational use within the meaning ofSection 505 of the Federal Food, Drug andCosmetic Act. (j) (Blank). (Source: P.A. 95 259, eff. 8 17 07; 96 347,eff. 1 1 10.)

(720 ILCS 570/401.1) (from Ch. 56 1/2,par. 1401.1) Sec. 401.1. Controlled SubstanceTrafficking. (a) Except for purposes as authorized bythis Act, any person who knowingly bringsor causes to be brought into this State for thepurpose of manufacture or delivery or withthe intent to manufacture or deliver acontrolled substance other thanmethamphetamine or counterfeit substancein this or any other state or country is guiltyof controlled substance trafficking. (b) A person convicted of controlledsubstance trafficking shall be sentenced to aterm of imprisonment not less than twice theminimum term and fined an amount asauthorized by Section 401 of this Act, basedupon the amount of controlled or counterfeitsubstance brought or caused to be brought

into this State, and not more than twice themaximum term of imprisonment and finedtwice the amount as authorized by Section401 of this Act, based upon the amount ofcontrolled or counterfeit substance broughtor caused to be brought into this State. (c) It shall be a Class 2 felony for which afine not to exceed $100,000 may be imposedfor any person to knowingly use a cellularradio telecommunication device in thefurtherance of controlled substancetrafficking. This penalty shall be in additionto any other penalties imposed by law. (Source: P.A. 94 556, eff. 9 11 05.)

(720 ILCS 570/401.5) Sec. 401.5. Chemical breakdown of illicitcontrolled substance. (a) It is unlawful for any person tomanufacture a controlled substance otherthan methamphetamine prohibited by thisAct by chemically deriving the controlledsubstance from one or more other controlledsubstances prohibited by this Act. (a 5) It is unlawful for any person topossess any substance with the intent to usethe substance to facilitate the manufacture ofany controlled substance other thanmethamphetamine, any counterfeitsubstance, or any controlled substanceanalog other than as authorized by this Act. (b) A violation of this Section is a Class 4felony. (c) (Blank). (Source: P.A. 94 556, eff. 9 11 05.)

(720 ILCS 570/402) (from Ch. 56 1/2,par. 1402) Sec. 402. Except as otherwise authorizedby this Act, it is unlawful for any personknowingly to possess a controlled orcounterfeit substance or controlledsubstance analog. A violation of this Actwith respect to each of the controlled

substances listed herein constitutes a singleand separate violation of this Act. Forpurposes of this Section, "controlledsubstance analog" or "analog" means asubstance which is intended for humanconsumption, other than a controlledsubstance, that has a chemical structuresubstantially similar to that of a controlledsubstance in Schedule I or II, or that wasspecifically designed to produce an effectsubstantially similar to that of a controlledsubstance in Schedule I or II. Examples ofchemical classes in which controlledsubstance analogs are found include, but arenot limited to, the following:phenethylamines, N substituted piperidines,morphinans, ecgonines, quinazolinones,substituted indoles, andarylcycloalkylamines. For purposes of thisAct, a controlled substance analog shall betreated in the same manner as the controlledsubstance to which it is substantially similar. (a) Any person who violates this Sectionwith respect to the following controlled orcounterfeit substances and amounts,notwithstanding any of the provisions ofsubsections (c) and (d) to the contrary, isguilty of a Class 1 felony and shall, ifsentenced to a term of imprisonment, besentenced as provided in this subsection (a)and fined as provided in subsection (b): (1) (A) not less than 4 years and notmore than 15 years with respect to 15 grams or morebut less than 100 grams of a substancecontaining heroin; (B) not less than 6 years and notmore than 30 years with respect to 100 grams ormore but less than 400 grams of a substancecontaining heroin; (C) not less than 8 years and notmore than 40 years with respect to 400 grams or

more but less than 900 grams of anysubstance containing heroin; (D) not less than 10 years and notmore than 50 years with respect to 900 grams ormore of any substance containing heroin; (2) (A) not less than 4 years and notmore than 15 years with respect to 15 grams or morebut less than 100 grams of any substancecontaining cocaine; (B) not less than 6 years and notmore than 30 years with respect to 100 grams ormore but less than 400 grams of anysubstance containing cocaine; (C) not less than 8 years and notmore than 40 years with respect to 400 grams ormore but less than 900 grams of anysubstance containing cocaine; (D) not less than 10 years and notmore than 50 years with respect to 900 grams ormore of any substance containing cocaine; (3) (A) not less than 4 years and notmore than 15 years with respect to 15 grams or morebut less than 100 grams of any substancecontaining morphine; (B) not less than 6 years and notmore than 30 years with respect to 100 grams ormore but less than 400 grams of anysubstance containing morphine; (C) not less than 6 years and notmore than 40 years with respect to 400 grams or

more but less than 900 grams of anysubstance containing morphine; (D) not less than 10 years and notmore than 50 years with respect to 900 grams ormore of any substance containing morphine; (4) 200 grams or more of any substancecontaining peyote; (5) 200 grams or more of any substancecontaining a derivative of barbituric acid or any of thesalts of a derivative of barbituric acid; (6) 200 grams or more of any substancecontaining amphetamine or any salt of an opticalisomer of amphetamine; (6.5) (blank); (7) (A) not less than 4 years and notmore than 15 years with respect to: (i) 15 grams ormore but less than 100 grams of anysubstance containing lysergic aciddiethylamide (LSD), or an analog thereof, or(ii) 15 or more objects or 15 or moresegregated parts of an object or objects butless than 200 objects or 200 segregated partsof an object or objects containing in them orhaving upon them any amount of anysubstance containing lysergic aciddiethylamide (LSD), or an analog thereof; (B) not less than 6 years and notmore than 30 years with respect to: (i) 100 grams ormore but less than 400 grams of anysubstance containing lysergic aciddiethylamide (LSD), or an analog thereof, or(ii) 200 or more objects or 200 or moresegregated parts of an object or objects butless than 600 objects or less than 600

segregated parts of an object or objectscontaining in them or having upon them anyamount of any substance containing lysergicacid diethylamide (LSD), or an analogthereof; (C) not less than 8 years and notmore than 40 years with respect to: (i) 400 grams ormore but less than 900 grams of anysubstance containing lysergic aciddiethylamide (LSD), or an analog thereof, or(ii) 600 or more objects or 600 or moresegregated parts of an object or objects butless than 1500 objects or 1500 segregatedparts of an object or objects containing inthem or having upon them any amount ofany substance containing lysergic aciddiethylamide (LSD), or an analog thereof; (D) not less than 10 years and notmore than 50 years with respect to: (i) 900 grams ormore of any substance containing lysergicacid diethylamide (LSD), or an analogthereof, or (ii) 1500 or more objects or 1500or more segregated parts of an object orobjects containing in them or having uponthem any amount of a substance containinglysergic acid diethylamide (LSD), or ananalog thereof; (7.5) (A) not less than 4 years and notmore than 15 years with respect to: (i) 15 grams ormore but less than 100 grams of anysubstance listed in paragraph (1), (2), (2.1),(2.2), (3), (14.1), (19), (20), (20.1), (21),(25), or (26) of subsection (d) of Section204, or an analog or derivative thereof, or(ii) 15 or more pills, tablets, caplets,capsules, or objects but less than 200 pills,tablets, caplets, capsules, or objectscontaining in them or having upon them anyamount 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 derivativethereof; (B) not less than 6 years and notmore than 30 years with respect to: (i) 100 grams ormore but less than 400 grams of anysubstance listed in paragraph (1), (2), (2.1),(2.2), (3), (14.1), (19), (20), (20.1), (21),(25), or (26) of subsection (d) of Section204, 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 objectscontaining in them or having upon them anyamount 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 derivativethereof; (C) not less than 8 years and notmore than 40 years with respect to: (i) 400 grams ormore but less than 900 grams of anysubstance listed in paragraph (1), (2), (2.1),(2.2), (3), (14.1), (19), (20), (20.1), (21),(25), or (26) of subsection (d) of Section204, 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 objectscontaining in them or having upon them anyamount 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 derivativethereof; (D) not less than 10 years and notmore than 50 years with respect to: (i) 900 grams ormore 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 derivativethereof, or (ii) 1,500 or more pills, tablets,caplets, capsules, or objects containing inthem or having upon them any amount of asubstance listed in paragraph (1), (2), (2.1),(2.2), (3), (14.1), (19), (20), (20.1), (21),(25), or (26) of subsection (d) of Section204, or an analog or derivative thereof; (8) 30 grams or more of any substancecontaining pentazocine or any of the salts, isomersand salts of isomers of pentazocine, or ananalog thereof; (9) 30 grams or more of any substancecontaining methaqualone or any of the salts, isomersand salts of isomers of methaqualone; (10) 30 grams or more of any substancecontaining phencyclidine or any of the salts, isomersand salts of isomers of phencyclidine (PCP); (10.5) 30 grams or more of anysubstance containing ketamine or any of the salts, isomers andsalts of isomers of ketamine; (11) 200 grams or more of anysubstance containing any substance classified as a narcoticdrug in Schedules I or II, or an analogthereof, which is not otherwise included inthis subsection. (b) Any person sentenced with respect toviolations of paragraph (1), (2), (3), (7), or(7.5) of subsection (a) involving 100 gramsor more of the controlled substance namedtherein, may in addition to the penaltiesprovided therein, be fined an amount not toexceed $200,000 or the full street value ofthe controlled or counterfeit substances,whichever is greater. The term "street value"

shall have the meaning ascribed in Section110 5 of the Code of Criminal Procedure of1963. Any person sentenced with respect toany other provision of subsection (a), may inaddition to the penalties provided therein, befined an amount not to exceed $200,000. (c) Any person who violates this Sectionwith regard to an amount of a controlledsubstance other than methamphetamine orcounterfeit substance not set forth insubsection (a) or (d) is guilty of a Class 4felony. The fine for a violation punishableunder this subsection (c) shall not be morethan $25,000. (d) Any person who violates this Sectionwith regard to any amount of anabolicsteroid is guilty of a Class C misdemeanorfor the first offense and a Class Bmisdemeanor for a subsequent offensecommitted within 2 years of a priorconviction. (Source: P.A. 95 331, eff. 8 21 07; 96 347,eff. 1 1 10.)

(720 ILCS 570/404) (from Ch. 56 1/2,par. 1404) Sec. 404. (a) For the purposes of thisSection: (1) "Advertise" means the attempt, bypublication, dissemination, solicitation or circulation,to induce directly or indirectly any person toacquire, or enter into an obligation toacquire, any substance within the scope ofthis Section. (2) "Distribute" has the meaningascribed to it in subsection (s) of Section 102 of this Actbut as relates to look alike substances. (3) "Manufacture" means theproducing, preparing, compounding, processing, encapsulating,packaging, repackaging, labeling or

relabeling of a look alike substance. (b) It is unlawful for any personknowingly to manufacture, distribute,advertise, or possess with intent tomanufacture or distribute a look alikesubstance. Any person who violates thissubsection (b) shall be guilty of a Class 3felony, the fine for which shall not exceed$150,000. (c) It is unlawful for any personknowingly to possess a look alike substance.Any person who violates this subsection (c)is guilty of a petty offense. Any personconvicted of a subsequent offense under thissubsection (c) shall be guilty of a Class Cmisdemeanor. (d) In any prosecution brought under thisSection, it is not a defense to a violation ofthis Section that the defendant believed thelook alike substance actually to be acontrolled substance. (e) Nothing in this Section applies to: (1) The manufacture, processing,packaging, distribution or sale of noncontrolledsubstances to licensed medical practitionersfor use as placebos in professional practiceor research. (2) Persons acting in the course andlegitimate scope of their employment as law enforcementofficers. (3) The retention of production samplesof noncontrolled substances produced priorto the effective date of this amendatory Actof 1982, where such samples are required byfederal law. (f) Nothing in this Section or in this Actapplies to the lawful manufacture,processing, packaging, advertising ordistribution of a drug or drugs by any person

registered pursuant to Section 510 of theFederal Food, Drug, and Cosmetic Act (21U.S.C. 360). (Source: P.A. 83 1362.)

(720 ILCS 570/405) (from Ch. 56 1/2,par. 1405) Sec. 405. (a) Any person who engages ina calculated criminal drug conspiracy, asdefined in subsection (b), is guilty of a ClassX felony. The fine for violation of thisSection shall not be more than $500,000,and the offender shall be subject to theforfeitures prescribed in subsection (c). (b) For purposes of this section, a personengages in a calculated criminal drugconspiracy when: (1) he violates any of the provisions ofsubsection (a) or (c) of Section 401 or subsection (a)of Section 402; and (2) such violation is a part of aconspiracy undertaken or carried on with two ormore other persons; and (3) he obtains anything of value greaterthan $500 from, or organizes, directs or financessuch violation or conspiracy. (c) Any person who is convicted underthis section of engaging in a calculatedcriminal drug conspiracy shall forfeit to theState of Illinois: (1) the receipts obtained by him in suchconspiracy; and (2) any of his interests in, claimsagainst, receipts from, or property or rights of anykind affording a source of influence over,such conspiracy.

(d) The circuit court may enter suchinjunctions, restraining orders, directions orprohibitions, or to take such other actions,including the acceptance of satisfactoryperformance bonds, in connection with anyproperty, claim, receipt, right or otherinterest subject to forfeiture under thisSection, as it deems proper. (Source: P.A. 91 357, eff. 7 29 99.)

(720 ILCS 570/405.1) (from Ch. 56 1/2,par. 1405.1) Sec. 405.1. (a) Elements of the offense. Aperson commits criminal drug conspiracywhen, with the intent that an offense setforth in Section 401, Section 402, or Section407 of this Act be committed, he agrees withanother to the commission of that offense.No person may be convicted of conspiracyto commit such an offense unless an act infurtherance of such agreement is alleged andproved to have been committed by him or bya co conspirator. (b) Co conspirators. It shall not be adefense to conspiracy that the person orpersons with whom the accused is alleged tohave conspired: (1) Has not been prosecuted orconvicted, or (2) Has been convicted of a differentoffense, or (3) Is not amenable to justice, or (4) Has been acquitted, or (5) Lacked the capacity to commit anoffense. (c) Sentence. A person convicted ofcriminal drug conspiracy may be fined orimprisoned or both, but any term ofimprisonment imposed shall be not less thanthe minimum nor more than the maximumprovided for the offense which is the objectof the conspiracy. (Source: P.A. 89 404, eff. 8 20 95; 90 593,eff. 6 19 98.)

(720 ILCS 570/405.2) Sec. 405.2. Streetgang criminal drugconspiracy. (a) Any person who engages in astreetgang criminal drug conspiracy, asdefined in this Section, is guilty of a Class Xfelony for which the offender shall besentenced to a term of imprisonment asfollows: (1) not less than 15 years and not morethan 60 years for a violation of subsection (a) ofSection 401; (2) not less than 10 years and not morethan 30 years for a violation of subsection (c) ofSection 401. For the purposes of this Section, a personengages in a streetgang criminal drugconspiracy when: (i) he or she violates any of theprovisions of subsection (a) or (c) of Section 401 ofthis Act or any provision of theMethamphetamine Control and CommunityProtection Act; and (ii) such violation is part of aconspiracy undertaken or carried out with 2 or moreother persons; and (iii) such conspiracy is in furtheranceof the activities of an organized gang as definedin the Illinois Streetgang TerrorismOmnibus Prevention Act; and (iv) he or she occupies a position oforganizer, a supervising person, or any other positionof management with those persons identifiedin clause (ii) of this subsection (a).

The fine for a violation of this Sectionshall not be more than $500,000, and theoffender shall be subject to the forfeituresprescribed in subsection (b). (b) Subject to the provisions of Section 8of the Drug Asset Forfeiture Procedure Act,any person who is convicted under thisSection of engaging in a streetgang criminaldrug conspiracy shall forfeit to the State ofIllinois: (1) the receipts obtained by him or herin such conspiracy; and (2) any of his or her interests in, claimsagainst, receipts from, or property or rights of anykind affording a source of influence over,such conspiracy. (c) The circuit court may enter suchinjunctions, restraining orders, directions orprohibitions, or may take such other actions,including the acceptance of satisfactoryperformance bonds, in connection with anyproperty, claim, receipt, right or otherinterest subject to forfeiture under thisSection, as it deems proper. (Source: P.A. 94 556, eff. 9 11 05.)

(720 ILCS 570/405.3) Sec. 405.3. (Repealed). (Source: P.A. 93 596, eff. 8 26 03. Repealedby P.A. 94 556, eff. 9 11 05.)

(720 ILCS 570/406) (from Ch. 56 1/2,par. 1406) Sec. 406. (a) It is unlawful for any person: (1) who is subject to Article IIIknowingly to distribute or dispense a controlledsubstance in violation of Sections 308through 314 of this Act; or

(2) who is a registrant, to manufacturea controlled substance not authorized by hisregistration, or to distribute or dispense acontrolled substance not authorized by hisregistration to another registrant or otherauthorized person; or (3) to refuse or fail to make, keep orfurnish any record, notification, order form,statement, invoice or information requiredunder this Act; or (4) to refuse an entry into any premisesfor any inspection authorized by this Act; or (5) knowingly to keep or maintain anystore, shop, warehouse, dwelling, building, vehicle,boat, aircraft, or other structure or place,which is resorted to by a person unlawfullypossessing controlled substances, or whichis used for possessing, manufacturing,dispensing or distributing controlledsubstances in violation of this Act. Any person who violates this subsection(a) is guilty of a Class A misdemeanor forthe first offense and a Class 4 felony foreach subsequent offense. The fine for eachsubsequent offense shall not be more than$100,000. In addition, any practitioner whois found guilty of violating this subsection(a) is subject to suspension and revocationof his professional license, in accordancewith such procedures as are provided by lawfor the taking of disciplinary action withregard to the license of said practitioner'sprofession. (b) It is unlawful for any personknowingly: (1) to distribute, as a registrant, acontrolled

substance classified in Schedule I or II,except pursuant to an order form as requiredby Section 307 of this Act; or (2) to use, in the course of themanufacture or distribution of a controlled substance, aregistration number which is fictitious,revoked, suspended, or issued to anotherperson; or (3) to acquire or obtain possession of acontrolled substance by misrepresentation, fraud,forgery, deception or subterfuge; or (4) to furnish false or fraudulentmaterial information in, or omit any materialinformation from, any application, report orother document required to be kept or filedunder this Act, or any record required to bekept by this Act; or (5) to make, distribute or possess anypunch, die, plate, stone or other thing designed toprint, imprint or reproduce the trademark,trade name or other identifying mark,imprint or device of another, or any likenessof any of the foregoing, upon any controlledsubstance or container or labeling thereof soas to render the drug a counterfeit substance;or (6) (blank); or (7) (blank). Any person who violates this subsection(b) is guilty of a Class 4 felony for the firstoffense and a Class 3 felony for eachsubsequent offense. The fine for the firstoffense shall be not more than $100,000.The fine for each subsequent offense shallnot be more than $200,000. (c) A person who knowingly orintentionally violates Section 316, 317, 318,

or 319 is guilty of a Class A misdemeanor. (Source: P.A. 95 487, eff. 1 1 08.)

(720 ILCS 570/406.1) (from Ch. 56 1/2,par. 1406.1) Sec. 406.1. (a) Any person who controlsany building and who performs thefollowing act commits the offense ofpermitting unlawful use of a building: Knowingly grants, permits or makes thebuilding available for use for the purpose ofunlawfully manufacturing or delivering acontrolled substance other thanmethamphetamine. (b) Permitting unlawful use of a buildingis a Class 4 felony. (Source: P.A. 94 556, eff. 9 11 05.)

(720 ILCS 570/406.2) Sec. 406.2. Unauthorized possession ofprescription form. (a) A person commits the offense ofunauthorized possession of prescriptionform when he or she knowingly: (1) alters a properly issued prescriptionform; (2) possesses without authorization ablank prescription form or counterfeitprescription form; or (3) possesses a prescription form notissued by a licensed prescriber. (b) Knowledge shall be determined by anevaluation of all circumstances surrounding possessionof a blank prescription or possession of aprescription altered or not issued by alicensed prescriber. (c) Sentence. Any person who violatessubsection (a) is

guilty of a Class 4 felony for the firstoffense and a Class 3 felony for eachsubsequent offense. The fine for the firstoffense shall be not more than $100,000.The fine for each subsequent offense shallnot be more than $200,000. (d) For the purposes of this Section,"licensed prescriber" means a prescriber as definedin this Act or an optometrist licensed underthe Illinois Optometric Practice Act of 1987.

(Source: P.A. 95 487, eff. 1 1 08.)

(720 ILCS 570/407) (from Ch. 56 1/2,par. 1407) Sec. 407. (a) (1)(A) Any person 18 yearsof age or over who violates any subsectionof Section 401 or subsection (b) of Section404 by delivering a controlled, counterfeit orlook alike substance to a person under 18years of age may be sentenced toimprisonment for a term up to twice themaximum term and fined an amount up totwice that amount otherwise authorized bythe pertinent subsection of Section 401 andSubsection (b) of Section 404. (B) (Blank). (2) Except as provided in paragraph (3) ofthis subsection, any person who violates: (A) subsection (c) of Section 401 bydelivering or possessing with intent to deliver acontrolled, counterfeit, or look alikesubstance in or on, or within 1,000 feet of, atruck stop or safety rest area, is guilty of aClass 1 felony, the fine for which shall notexceed $250,000; (B) subsection (d) of Section 401 bydelivering or possessing with intent to deliver acontrolled, counterfeit, or look alike

substance in or on, or within 1,000 feet of, atruck stop or safety rest area, is guilty of aClass 2 felony, the fine for which shall notexceed $200,000; (C) subsection (e) of Section 401 orsubsection (b) of Section 404 by delivering orpossessing with intent to deliver acontrolled, counterfeit, or look alikesubstance in or on, or within 1,000 feet of, atruck stop or safety rest area, is guilty of aClass 3 felony, the fine for which shall notexceed $150,000; (D) subsection (f) of Section 401 bydelivering or possessing with intent to deliver acontrolled, counterfeit, or look alikesubstance in or on, or within 1,000 feet of, atruck stop or safety rest area, is guilty of aClass 3 felony, the fine for which shall notexceed $125,000; (E) subsection (g) of Section 401 bydelivering or possessing with intent to deliver acontrolled, counterfeit, or look alikesubstance in or on, or within 1,000 feet of, atruck stop or safety rest area, is guilty of aClass 3 felony, the fine for which shall notexceed $100,000; (F) subsection (h) of Section 401 bydelivering or possessing with intent to deliver acontrolled, counterfeit, or look alikesubstance in or on, or within 1,000 feet of, atruck stop or safety rest area, is guilty of aClass 3 felony, the fine for which shall notexceed $75,000; (3) Any person who violates paragraph(2) of this subsection (a) by delivering orpossessing with intent to deliver acontrolled, counterfeit, or look alike

substance in or on, or within 1,000 feet of atruck stop or a safety rest area, following aprior conviction or convictions of paragraph(2) of this subsection (a) may be sentencedto a term of imprisonment up to 2 times themaximum term and fined an amount up to 2times the amount otherwise authorized bySection 401. (4) For the purposes of this subsection (a): (A) "Safety rest area" means a roadsidefacility removed from the roadway with parkingand facilities designed for motorists' rest,comfort, and information needs; and (B) "Truck stop" means any facility(and its parking areas) used to provide fuel or service, orboth, to any commercial motor vehicle asdefined in Section 18b 101 of the IllinoisVehicle Code. (b) Any person who violates: (1) subsection (c) of Section 401 in anyschool, or any conveyance owned, leased orcontracted by a school to transport studentsto or from school or a school relatedactivity, or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the realproperty comprising any school orresidential property owned, operated ormanaged by a public housing agency orleased by a public housing agency as part ofa scattered site or mixed incomedevelopment, or public park or within 1,000feet of the real property comprising anyschool or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the realproperty comprising any church, synagogue,

or other building, structure, or place usedprimarily for religious worship, or within1,000 feet of the real property comprisingany church, synagogue, or other building,structure, or place used primarily forreligious worship, on the real propertycomprising any of the following places,buildings, or structures used primarily forhousing or providing space for activities forsenior citizens: nursing homes, assistedliving centers, senior citizen housingcomplexes, or senior centers oriented towarddaytime activities, or within 1,000 feet ofthe real property comprising any of thefollowing places, buildings, or structuresused primarily for housing or providingspace for activities for senior citizens:nursing homes, assisted living centers,senior citizen housing complexes, or seniorcenters oriented toward daytime activities isguilty of a Class X felony, the fine for whichshall not exceed $500,000; (2) subsection (d) of Section 401 in anyschool, or any conveyance owned, leased orcontracted by a school to transport studentsto or from school or a school relatedactivity, or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the realproperty comprising any school orresidential property owned, operated ormanaged by a public housing agency orleased by a public housing agency as part ofa scattered site or mixed incomedevelopment, or public park or within 1,000feet of the real property comprising anyschool or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the realproperty comprising any church, synagogue,

or other building, structure, or place usedprimarily for religious worship, or within1,000 feet of the real property comprisingany church, synagogue, or other building,structure, or place used primarily forreligious worship, on the real propertycomprising any of the following places,buildings, or structures used primarily forhousing or providing space for activities forsenior citizens: nursing homes, assistedliving centers, senior citizen housingcomplexes, or senior centers oriented towarddaytime activities, or within 1,000 feet ofthe real property comprising any of thefollowing places, buildings, or structuresused primarily for housing or providingspace for activities for senior citizens:nursing homes, assisted living centers,senior citizen housing complexes, or seniorcenters oriented toward daytime activities isguilty of a Class 1 felony, the fine for whichshall not exceed $250,000; (3) subsection (e) of Section 401 orSubsection (b) of Section 404 in any school, or anyconveyance owned, leased or contracted bya school to transport students to or fromschool or a school related activity, orresidential property owned, operated ormanaged by a public housing agency orleased by a public housing agency as part ofa scattered site or mixed incomedevelopment, or public park, on the realproperty comprising any school orresidential property owned, operated ormanaged by a public housing agency orleased by a public housing agency as part ofa scattered site or mixed incomedevelopment, or public park or within 1,000feet of the real property comprising anyschool or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the real

property comprising any church, synagogue,or other building, structure, or place usedprimarily for religious worship, or within1,000 feet of the real property comprisingany church, synagogue, or other building,structure, or place used primarily forreligious worship, on the real propertycomprising any of the following places,buildings, or structures used primarily forhousing or providing space for activities forsenior citizens: nursing homes, assistedliving centers, senior citizen housingcomplexes, or senior centers oriented towarddaytime activities, or within 1,000 feet ofthe real property comprising any of thefollowing places, buildings, or structuresused primarily for housing or providingspace for activities for senior citizens:nursing homes, assisted living centers,senior citizen housing complexes, or seniorcenters oriented toward daytime activities isguilty of a Class 2 felony, the fine for whichshall not exceed $200,000; (4) subsection (f) of Section 401 in anyschool, or any conveyance owned, leased orcontracted by a school to transport studentsto or from school or a school relatedactivity, or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the realproperty comprising any school orresidential property owned, operated ormanaged by a public housing agency orleased by a public housing agency as part ofa scattered site or mixed incomedevelopment, or public park or within 1,000feet of the real property comprising anyschool or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the real

property comprising any church, synagogue,or other building, structure, or place usedprimarily for religious worship, or within1,000 feet of the real property comprisingany church, synagogue, or other building,structure, or place used primarily forreligious worship, on the real propertycomprising any of the following places,buildings, or structures used primarily forhousing or providing space for activities forsenior citizens: nursing homes, assistedliving centers, senior citizen housingcomplexes, or senior centers oriented towarddaytime activities, or within 1,000 feet ofthe real property comprising any of thefollowing places, buildings, or structuresused primarily for housing or providingspace for activities for senior citizens:nursing homes, assisted living centers,senior citizen housing complexes, or seniorcenters oriented toward daytime activities isguilty of a Class 2 felony, the fine for whichshall not exceed $150,000; (5) subsection (g) of Section 401 in anyschool, or any conveyance owned, leased orcontracted by a school to transport studentsto or from school or a school relatedactivity, or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the realproperty comprising any school orresidential property owned, operated ormanaged by a public housing agency orleased by a public housing agency as part ofa scattered site or mixed incomedevelopment, or public park or within 1,000feet of the real property comprising anyschool or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the real

property comprising any church, synagogue,or other building, structure, or place usedprimarily for religious worship, or within1,000 feet of the real property comprisingany church, synagogue, or other building,structure, or place used primarily forreligious worship, on the real propertycomprising any of the following places,buildings, or structures used primarily forhousing or providing space for activities forsenior citizens: nursing homes, assistedliving centers, senior citizen housingcomplexes, or senior centers oriented towarddaytime activities, or within 1,000 feet ofthe real property comprising any of thefollowing places, buildings, or structuresused primarily for housing or providingspace for activities for senior citizens:nursing homes, assisted living centers,senior citizen housing complexes, or seniorcenters oriented toward daytime activities isguilty of a Class 2 felony, the fine for whichshall not exceed $125,000; (6) subsection (h) of Section 401 in anyschool, or any conveyance owned, leased orcontracted by a school to transport studentsto or from school or a school relatedactivity, or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the realproperty comprising any school orresidential property owned, operated ormanaged by a public housing agency orleased by a public housing agency as part ofa scattered site or mixed incomedevelopment, or public park or within 1,000feet of the real property comprising anyschool or residential property owned,operated or managed by a public housingagency or leased by a public housing agencyas part of a scattered site or mixed incomedevelopment, or public park, on the real

property comprising any church, synagogue,or other building, structure, or place usedprimarily for religious worship, or within1,000 feet of the real property comprisingany church, synagogue, or other building,structure, or place used primarily forreligious worship, on the real propertycomprising any of the following places,buildings, or structures used primarily forhousing or providing space for activities forsenior citizens: nursing homes, assistedliving centers, senior citizen housingcomplexes, or senior centers oriented towarddaytime activities, or within 1,000 feet ofthe real property comprising any of thefollowing places, buildings, or structuresused primarily for housing or providingspace for activities for senior citizens:nursing homes, assisted living centers,senior citizen housing complexes, or seniorcenters oriented toward daytime activities isguilty of a Class 2 felony, the fine for whichshall not exceed $100,000. (c) Regarding penalties prescribed insubsection (b) for violations committed in aschool or on or within 1,000 feet of schoolproperty, the time of day, time of year andwhether classes were currently in session atthe time of the offense is irrelevant. (Source: P.A. 93 223, eff. 1 1 04; 94 556,eff. 9 11 05.)

(720 ILCS 570/407.1) (from Ch. 56 1/2,par. 1407.1) Sec. 407.1. Any person 18 years of age orover who violates any subsection of Section401, Section 404 or Section 405 by using,engaging or employing a person under 18years of age to deliver a controlled,counterfeit or look alike substance may besentenced to imprisonment for a term up tothree times the maximum amount authorizedby the pertinent subsection of Section 401,Section 404 or Section 405.

(Source: P.A. 91 297, eff. 1 1 00.)

(720 ILCS 570/407.2) (from Ch. 56 1/2,par. 1407.2) Sec. 407.2. Delivery of a controlledsubstance to a pregnant woman. (a) Any person who violates subsection(a) of Section 401 of this Act by delivering acontrolled substance to a woman he knowsto be pregnant may be sentenced toimprisonment for a term twice the maximumamount authorized by Section 401 of thisAct. (b) Any person who delivers an amount ofa controlled substance set forth insubsections (c) and (d) of Section 401 of thisAct to a woman he knows to be pregnantcommits a Class 1 felony. The fine for aviolation of this subsection (b) shall not bemore than $250,000. (Source: P.A. 86 1459; 87 754.)

(720 ILCS 570/408) (from Ch. 56 1/2,par. 1408) Sec. 408. (a) Any person convicted of a second orsubsequent offense under this Act may besentenced to imprisonment for a term up totwice the maximum term otherwiseauthorized, fined an amount up to twice thatotherwise authorized, or both. (b) For purposes of this Section, anoffense is considered a second or subsequentoffense, if, prior to his conviction of theoffense, the offender has at any time beenconvicted under this Act or under any law ofthe United States or of any State relating tocontrolled substances. (Source: P.A. 78 255.)

(720 ILCS 570/409) (from Ch. 56 1/2,par. 1409) Sec. 409. Except for convictions or

acquittals which are the basis for a charge ofnarcotics racketeering under Section 4 of theNarcotics Profit Forfeiture Act, a convictionor acquittal, under the laws of the UnitedStates or of any State relating to controlledsubstances, for the same act is a bar toprosecution in this State. (Source: P.A. 87 466.)

(720 ILCS 570/410) (from Ch. 56 1/2,par. 1410) Sec. 410. (a) Whenever any person whohas not previously been convicted of, orplaced on probation or court supervision forany offense under this Act or any law of theUnited States or of any State relating tocannabis or controlled substances, pleadsguilty to or is found guilty of possession of acontrolled or counterfeit substance undersubsection (c) of Section 402 or ofunauthorized possession of prescriptionform under Section 406.2, the court, withoutentering a judgment and with the consent ofsuch person, may sentence him to probation. (b) When a person is placed on probation,the court shall enter an order specifying aperiod of probation of 24 months and shalldefer further proceedings in the case untilthe conclusion of the period or until thefiling of a petition alleging violation of aterm or condition of probation. (c) The conditions of probation shall bethat the person: (1) not violate any criminalstatute of any jurisdiction; (2) refrain frompossessing a firearm or other dangerousweapon; (3) submit to periodic drug testingat a time and in a manner as ordered by thecourt, but no less than 3 times during theperiod of the probation, with the cost of thetesting to be paid by the probationer; and (4)perform no less than 30 hours of communityservice, provided community service isavailable in the jurisdiction and is fundedand approved by the county board. (d) The court may, in addition to other

conditions, require that the person: (1) make a report to and appear inperson before or participate with the court or such courts,person, or social service agency as directedby the court in the order of probation; (2) pay a fine and costs; (3) work or pursue a course of study orvocational training; (4) undergo medical or psychiatrictreatment; or treatment or rehabilitation approved bythe Illinois Department of Human Services; (5) attend or reside in a facilityestablished for the instruction or residence of defendantson probation; (6) support his dependents; (6 5) refrain from having in his or herbody the presence of any illicit drug prohibited bythe Cannabis Control Act, the IllinoisControlled Substances Act, or theMethamphetamine Control and CommunityProtection Act, unless prescribed by aphysician, and submit samples of his or herblood or urine or both for tests to determinethe presence of any illicit drug; (7) and in addition, if a minor: (i) reside with his parents or in afoster home; (ii) attend school; (iii) attend a non residential programfor youth; (iv) contribute to his own support athome or in a foster home. (e) Upon violation of a term or conditionof probation, the court may enter a judgment

on its original finding of guilt and proceedas otherwise provided. (f) Upon fulfillment of the terms andconditions of probation, the court shalldischarge the person and dismiss theproceedings against him. (g) A disposition of probation isconsidered to be a conviction for thepurposes of imposing the conditions ofprobation and for appeal, however,discharge and dismissal under this Section isnot a conviction for purposes of this Act orfor purposes of disqualifications ordisabilities imposed by law upon convictionof a crime. (h) There may be only one discharge anddismissal under this Section, Section 10 ofthe Cannabis Control Act, or Section 70 ofthe Methamphetamine Control andCommunity Protection Act with respect toany person. (i) If a person is convicted of an offenseunder this Act, the Cannabis Control Act, orthe Methamphetamine Control andCommunity Protection Act within 5 yearssubsequent to a discharge and dismissalunder this Section, the discharge anddismissal under this Section shall beadmissible in the sentencing proceeding forthat conviction as evidence in aggravation. (Source: P.A. 94 556, eff. 9 11 05; 95 487,eff. 1 1 08.)

(720 ILCS 570/411) (from Ch. 56 1/2,par. 1411) Sec. 411. In determining the appropriatesentence for any conviction under this Act,the sentencing court may consider thefollowing as indicative of the type ofoffenses which the legislature deems mostdamaging to the peace and welfare of thecitizens of Illinois and which warrants themost severe penalties: (1) the unlawful delivery of the mosthighly toxic

controlled substances, as reflected bytheir inclusion in Schedule I or II of thisAct; (2) offenses involving unusually largequantities of controlled substances, as measured bytheir wholesale value at the time of theoffense; (3) the unlawful delivery of controlledsubstances by a non user to a user of controlledsubstances; (4) non possessory offenses by personswho have no other visible means of support; (5) offenses involving the large scalemanufacture of controlled substances; (6) offenses which indicate anyimmediate involvement whatsoever with organizedcrime in terms of the controlled substance'smanufacture, importation, or volumedistribution; (7) the manufacture for, or the deliveryof controlled substances to persons 3 yearsor more junior to the person(s) convictedunder this Act; (8) the unlawful delivery of anabolicsteroids by an athletic trainer, coach, or health clubpersonnel; (9) the possession, delivery, ormanufacture of controlled substances or cannabis in thepresence of a child under 17 years of age.

Nothing in this section shall be construedas limiting in any way the discretion of thecourt to impose any sentence authorized bythis Act. (Source: P.A. 94 172, eff. 1 1 06.)

(720 ILCS 570/411.1) (from Ch. 56 1/2,par. 1411.1) Sec. 411.1. (a) Whenever any personpleads guilty to, is found guilty of or isplaced on supervision for an offense underthis Article, a fine may be levied in additionto any other penalty imposed by the court. (b) In determining whether to impose afine under this Section and the amount, timefor payment, and method of payment of anyfine so imposed, the court shall: (1) consider the defendant's income,regardless of source, the defendant's earning capacityand the defendant's financial resources, aswell as the nature of the burden the fine willimpose on the defendant and any personlegally or financially dependent upon thedefendant; (2) consider the proof received at trial,or as a result of a plea of guilty, concerning thefull street value of the controlled substancesseized and any profits or other proceedsderived by the defendant from the violationof this Act; (3) take into account any otherpertinent equitable considerations; and (4) give primary consideration to theneed to deprive the defendant of illegallyobtained profits or other proceeds from theoffense. For the purpose of paragraph (2) of this

subsection, "street value" shall bedetermined by the court on the basis oftestimony of law enforcement personnel andthe defendant as to the amount seized andsuch testimony as may be required by thecourt as to the current street value of thecontrolled substances. (c) As a condition of a fine, the court mayrequire that payment be made in specifiedinstallments or within a specified period oftime, but such period shall not be greaterthan the maximum applicable term ofprobation or imprisonment, whichever isgreater. Unless otherwise specified, paymentof a fine shall be due immediately. (d) If a fine for a violation of this Act isimposed on an organization, it is the duty ofeach individual authorized to makedisbursements of the assets of theorganization to pay the fine from assets ofthe organization. (e) (1) A defendant who has beensentenced to pay a fine, and who has paidpart but not all of such fine, may petition thecourt for an extension of the time forpayment or modification of the method ofpayment. (2) The court may grant a petition madepursuant to this subsection if it finds that: (i) the circumstances that warrantedpayment by the time or method specified no longer exist;or (ii) it is otherwise unjust to requirepayment of the fine by the time or method specified. (Source: P.A. 91 357, eff. 7 29 99.)

(720 ILCS 570/411.2) (from Ch. 56 1/2,par. 1411.2) Sec. 411.2. (a) Every person convicted ofa violation of this Act, and every personplaced on probation, conditional discharge,

supervision or probation under Section 410of this Act, shall be assessed for eachoffense a sum fixed at: (1) $3,000 for a Class X felony; (2) $2,000 for a Class 1 felony; (3) $1,000 for a Class 2 felony; (4) $500 for a Class 3 or Class 4felony; (5) $300 for a Class A misdemeanor; (6) $200 for a Class B or Class Cmisdemeanor. (b) The assessment under this Section isin addition to and not in lieu of any fines,restitution costs, forfeitures or otherassessments authorized or required by law. (c) As a condition of the assessment, thecourt may require that payment be made inspecified installments or within a specifiedperiod of time. If the assessment is not paidwithin the period of probation, conditionaldischarge or supervision to which thedefendant was originally sentenced, thecourt may extend the period of probation,conditional discharge or supervisionpursuant to Section 5 6 2 or 5 6 3.1 of theUnified Code of Corrections, as applicable,until the assessment is paid or untilsuccessful completion of public orcommunity service set forth in subsection(e) or the successful completion of thesubstance abuse intervention or treatmentprogram set forth in subsection (f). If a termof probation, conditional discharge orsupervision is not imposed, the assessmentshall be payable upon judgment or asdirected by the court. (d) If an assessment for a violation of thisAct is imposed on an organization, it is theduty of each individual authorized to makedisbursements of the assets of theorganization to pay the assessment fromassets of the organization. (e) A defendant who has been ordered topay an assessment may petition the court toconvert all or part of the assessment intocourt approved public or community

service. One hour of public or communityservice shall be equivalent to $4 ofassessment. The performance of this publicor community service shall be a condition ofthe probation, conditional discharge orsupervision and shall be in addition to theperformance of any other period of public orcommunity service ordered by the court orrequired by law. (f) The court may suspend the collectionof the assessment imposed under thisSection; provided the defendant agrees toenter a substance abuse intervention ortreatment program approved by the court;and further provided that the defendantagrees to pay for all or some portion of thecosts associated with the intervention ortreatment program. In this case, thecollection of the assessment imposed underthis Section shall be suspended during thedefendant's participation in the approvedintervention or treatment program. Uponsuccessful completion of the program, thedefendant may apply to the court to reducethe assessment imposed under this Sectionby any amount actually paid by thedefendant for his participation in theprogram. The court shall not reduce thepenalty under this subsection unless thedefendant establishes to the satisfaction ofthe court that he has successfully completedthe intervention or treatment program. If thedefendant's participation is for any reasonterminated before his successful completionof the intervention or treatment program,collection of the entire assessment imposedunder this Section shall be enforced.Nothing in this Section shall be deemed toaffect or suspend any other fines, restitutioncosts, forfeitures or assessments imposedunder this or any other Act. (g) The court shall not impose more thanone assessment per complaint, indictment orinformation. If the person is convicted ofmore than one offense in a complaint,indictment or information, the assessment

shall be based on the highest class offensefor which the person is convicted. (h) In counties under 3,000,000, allmoneys collected under this Section shall beforwarded by the clerk of the circuit court tothe State Treasurer for deposit in the DrugTreatment Fund, which is hereby establishedas a special fund within the State Treasury.The Department of Human Services maymake grants to persons licensed underSection 15 10 of the Alcoholism and OtherDrug Abuse and Dependency Act or tomunicipalities or counties from fundsappropriated to the Department from theDrug Treatment Fund for the treatment ofpregnant women who are addicted toalcohol, cannabis or controlled substancesand for the needed care of minor,unemancipated children of womenundergoing residential drug treatment. If theDepartment of Human Services grants fundsto a municipality or a county that theDepartment determines is not experiencing aproblem with pregnant women addicted toalcohol, cannabis or controlled substances,or with care for minor, unemancipatedchildren of women undergoing residentialdrug treatment, or intervention, the fundsshall be used for the treatment of any personaddicted to alcohol, cannabis or controlledsubstances. The Department may adopt suchrules as it deems appropriate for theadministration of such grants. (i) In counties over 3,000,000, all moneyscollected under this Section shall beforwarded to the County Treasurer fordeposit into the County Health Fund. TheCounty Treasurer shall, no later than the15th day of each month, forward to the StateTreasurer 30 percent of all moneys collectedunder this Act and received into the CountyHealth Fund since the prior remittance to theState Treasurer. Funds retained by theCounty shall be used for community basedtreatment of pregnant women who areaddicted to alcohol, cannabis, or controlled

substances or for the needed care of minor,unemancipated children of these women.Funds forwarded to the State Treasurer shallbe deposited into the State Drug TreatmentFund maintained by the State Treasurerfrom which the Department of HumanServices may make grants to personslicensed under Section 15 10 of theAlcoholism and Other Drug Abuse andDependency Act or to municipalities orcounties from funds appropriated to theDepartment from the Drug Treatment Fund,provided that the moneys collected fromeach county be returned proportionately tothe counties through grants to licenseeslocated within the county from which theassessment was received and moneys in theState Drug Treatment Fund shall notsupplant other local, State or federal funds.If the Department of Human Services grantsfunds to a municipality or county that theDepartment determines is not experiencing aproblem with pregnant women addicted toalcohol, cannabis or controlled substances,or with care for minor, unemancipatedchildren or women undergoing residentialdrug treatment, the funds shall be used forthe treatment of any person addicted toalcohol, cannabis or controlled substances.The Department may adopt such rules as itdeems appropriate for the administration ofsuch grants. (Source: P.A. 88 670, eff. 12 2 94; 89 215,eff. 1 1 96; 89 507, eff. 7 1 97.)

(720 ILCS 570/411.3) Sec. 411.3. (Repealed). (Source: P.A. 93 297, eff. 1 1 04; 94 551,eff. 1 1 06. Repealed by P.A. 94 556, eff. 911 05.)

(720 ILCS 570/412) (from Ch. 56 1/2,par. 1412) Sec. 412.

Any penalty imposed for any violation ofthis Act is in addition to, and not in lieu of,any civil or administrative penalty orsanction otherwise authorized by this Act orany other law. (Source: P. A. 77 757.)

(720 ILCS 570/413) (from Ch. 56 1/2,par. 1413) Sec. 413. (a) Twelve and one half percentof all amounts collected as fines pursuant tothe provisions of this Article shall be paidinto the Youth Drug Abuse PreventionFund, which is hereby created in the Statetreasury, to be used by the Department forthe funding of programs and services fordrug abuse treatment, and prevention andeducation services, for juveniles. (b) Eighty seven and one half percent ofthe proceeds of all fines received under theprovisions of this Article shall betransmitted to and deposited in thetreasurer's office at the level of governmentas follows: (1) If such seizure was made by acombination of law enforcement personnel representingdiffering units of local government, thecourt levying the fine shall equitablyallocate 50% of the fine among these unitsof local government and shall allocate 371/2% to the county general corporate fund.In the event that the seizure was made bylaw enforcement personnel representing aunit of local government from amunicipality where the number ofinhabitants exceeds 2 million in population,the court levying the fine shall allocate 871/2% of the fine to that unit of localgovernment. If the seizure was made by acombination of law enforcement personnelrepresenting differing units of localgovernment, and at least one of those unitsrepresents a municipality where the numberof inhabitants exceeds 2 million in

population, the court shall equitably allocate87 1/2% of the proceeds of the finesreceived among the differing units of localgovernment. (2) If such seizure was made by Statelaw enforcement personnel, then the courtshall allocate 37 1/2% to the State treasuryand 50% to the county general corporatefund. (3) If a State law enforcement agencyin combination with a law enforcement agency oragencies of a unit or units of localgovernment conducted the seizure, the courtshall equitably allocate 37 1/2% of the finesto or among the law enforcement agency oragencies of the unit or units of localgovernment which conducted the seizureand shall allocate 50% to the county generalcorporate fund. (c) The proceeds of all fines allocated tothe law enforcement agency or agencies ofthe unit or units of local governmentpursuant to subsection (b) shall be madeavailable to that law enforcement agency asexpendable receipts for use in theenforcement of laws regulating cannabis,methamphetamine, and other controlledsubstances. The proceeds of fines awardedto the State treasury shall be deposited in aspecial fund known as the Drug TrafficPrevention Fund, except that amountsdistributed to the Secretary of State shall bedeposited into the Secretary of StateEvidence Fund to be used as provided inSection 2 115 of the Illinois Vehicle Code.Monies from this fund may be used by theDepartment of State Police or use in theenforcement of laws regulating cannabis,methamphetamine, and other controlledsubstances; to satisfy funding provisions ofthe Intergovernmental Drug Laws

Enforcement Act; to defray costs andexpenses associated with returning violatorsof the Cannabis Control Act and this Actonly, as provided in those Acts, whenpunishment of the crime shall beconfinement of the criminal in thepenitentiary; and all other monies shall bepaid into the general revenue fund in theState treasury. (Source: P.A. 94 556, eff. 9 11 05.)

(720 ILCS 570/Art. V heading) ARTICLE V

(720 ILCS 570/501) (from Ch. 56 1/2,par. 1501) Sec. 501. (a) It is hereby made the duty ofthe Department of Professional Regulationand the Department of State Police, andtheir agents, officers, and investigators, toenforce all provisions of this Act, exceptthose specifically delegated, and tocooperate with all agencies charged with theenforcement of the laws of the UnitedStates, or of any State, relating to controlledsubstances. Only an agent, officer, orinvestigator designated by the Director may:(1) for the purpose of inspecting, copying,and verifying the correctness of records,reports or other documents required to bekept or made under this Act and otherwisefacilitating the execution of the functions ofthe Department of Professional Regulationor the Department of State Police, beauthorized in accordance with this Sectionto enter controlled premises and to conductadministrative inspections thereof and of thethings specified; or (2) execute and serveadministrative inspection notices, warrants,subpoenas, and summonses under theauthority of this State. Any inspection oradministrative entry of persons licensed bythe Department shall be made in accordancewith subsection (bb) of Section 30 5 of the

Alcoholism and Other Drug Abuse andDependency Act and the rules andregulations promulgated thereunder. (b) Administrative entries and inspectionsdesignated in clause (1) of subsection (a)shall be carried out through agents, officers,investigators and peace officers (hereinafterreferred to as "inspectors") designated bythe Director. Any inspector, upon stating hisor her purpose and presenting to the owner,operator, or agent in charge of the premises(1) appropriate credentials and (2) a writtennotice of his or her inspection authority(which notice, in the case of an inspectionrequiring or in fact supported by anadministrative inspection warrant, shallconsist of that warrant), shall have the rightto enter the premises and conduct theinspection at reasonable times. Inspectors appointed by the Directorunder this Section 501 are conservators ofthe peace and as such have all the powerspossessed by policemen in cities and bysheriffs, except that they may exercise suchpowers anywhere in the State. (c) Except as may otherwise be indicatedin an applicable inspection warrant, theinspector shall have the right: (1) to inspect and copy records, reportsand other documents required to be kept or madeunder this Act; (2) to inspect, within reasonable limitsand in a reasonable manner, controlled premisesand all pertinent equipment, finished andunfinished drugs and other substances ormaterials, containers and labeling foundtherein, and all other things therein(including records, files, papers, processes,controls and facilities) appropriate forverification of the records, reports anddocuments referred to in item (1) orotherwise bearing on the provisions of thisAct; and

(3) to inventory any stock of anycontrolled substance. (d) Except when the owner, operator, oragent in charge of the controlled premises soconsents in writing, no inspection authorizedby this Section shall extend to: (1) financial data; (2) sales data other than shipment data;or (3) pricing data. Any inspection or administrative entry ofpersons licensed by the Department shall bemade in accordance with subsection (bb) ofSection 30 5 of the Alcoholism and OtherDrug Abuse and Dependency Act and therules and regulations promulgatedthereunder. (e) Any agent, officer, investigator orpeace officer designated by the Directormay (1) make seizure of property pursuantto the provisions of this Act; and (2)perform such other law enforcement dutiesas the Director shall designate. It is herebymade the duty of all State's Attorneys toprosecute violations of this Act and institutelegal proceedings as authorized under thisAct. (Source: P.A. 88 670, eff. 12 2 94; 89 202,eff. 10 1 95.)

(720 ILCS 570/501.1) (from Ch. 56 1/2,par. 1501.1) Sec. 501.1. Administrative Procedure Act.The Illinois Administrative Procedure Act ishereby expressly adopted and incorporatedherein, but shall apply only to theDepartment of Professional Regulation, as ifall of the provisions of that Act wereincluded in this Act, except that theprovision of subsection (d) of Section 10 65of the Illinois Administrative Procedure Actwhich provides that at hearings the licensee

has the right to show compliance with alllawful requirements for retention,continuation or renewal of the license isspecifically excluded. For the purposes ofthis Act the notice required under Section 1025 of the Illinois Administrative ProcedureAct is deemed sufficient when mailed to thelast known address of a party. (Source: P.A. 88 45.)

(720 ILCS 570/502) (from Ch. 56 1/2,par. 1502) Sec. 502. (a) Issuance and execution ofadministrative inspection warrants shall beas follows: (1) a judge of a circuit court upon properoath or affirmation showing probable cause,may issue warrants for the purpose ofconducting administrative inspectionsauthorized by this Act or rules hereunder,and seizures of property appropriate to theinspections. For purposes of the issuance ofadministrative inspection warrants, probablecause exists upon showing a valid publicinterest in the effective enforcement of thisAct or rules hereunder, sufficient to justifyadministrative inspection of the controlledpremises, as defined in subsection (b),specified in the application for the warrant. (2) an inspection warrant shall issue onlyupon an affidavit of any person havingknowledge of the facts alleged, sworn tobefore the circuit judge and establishing thegrounds for issuing the inspection warrant.If the circuit judge is satisfied that there isprobable cause to believe that grounds forissuance of an inspection warrant exist, heshall issue an inspection warrant identifyingthe controlled premises to be inspected, thepurpose of the inspection, and, ifappropriate, the type of property to beinspected or seized, if any. The inspectionwarrant shall: (i) state the ground for its issuance andthe name of each person whose affidavit has

been taken in support thereof; (ii) be directed to a person authorized bySection 501 to execute it; (iii) command the person to whom it isdirected to inspect the controlled premisesidentified for the purpose specified and, ifappropriate, direct the seizure of theproperty specified; (iv) identify the item or types of propertyto be seized, if any; (v) direct that it be served at any time ofthe day or night and designate the circuitcourt judge to whom it shall be returned. (3) an inspection warrant issued pursuantto this Section must be executed andreturned within 10 days of its date ofissuance unless, upon a showing of a needfor additional time, the court which issuedthe inspection warrant orders otherwise. Ifproperty is seized pursuant to an inspectionwarrant, a copy of the inventory of suchseized property shall be given to the personfrom whom or from whose controlledpremises the property is taken. If no personis available, the inspection warrant and acopy of the inventory shall be left at suchcontrolled premises. The inventory shall bemade under oath by the person executing thewarrant. (4) an inspection warrant shall bereturnable before the judge of the circuitcourt who issued the inspection warrant orany judge named in the inspection warrantor before the circuit court. The judge beforewhom the return is made shall attach to theinspection warrant a copy of the return andall papers returnable in connection therewithand file them with the clerk of the circuitcourt in which the inspection warrant wasexecuted. (5) no warrant shall be quashed norevidence suppressed because of technicalirregularities not affecting the substantialrights of the person responsible for thecontrolled premises. (b) The Director may make inspections of

controlled premises in accordance with thefollowing provisions: (1) For purposes of this Section only,"controlled premises" means: (i) places where persons registered orexempted from registration requirementsunder this Act keep records required underthis Act; and (ii) places, including but not limited to,areas, buildings, premises, factories,warehouses, establishments andconveyances in which persons registered orexempted from registration requirementsunder this Act are permitted to possess,manufacture, distribute, dispense,administer, or otherwise dispose of anycontrolled substance. (2) When authorized by an inspectionwarrant issued pursuant to this Act, anyagent designated by the Director or anypeace officer, upon presenting the inspectionwarrant to the person designated in theinspection warrant or any other person onthe controlled premises, may entercontrolled premises for the purpose ofconducting the inspection. (3) When authorized by an inspectionwarrant any agent designated by theDirector may execute the inspection warrantin accordance with its terms. (4) This section does not prevent theinspection without a warrant of books andrecords pursuant to an administrativesubpoena issued in accordance with "TheCivil Administrative Code of Illinois," nordoes it prevent entries and administrativeinspections, including seizures of property,without a warrant: (i) if the person in charge of thecontrolled premises consents; or (ii) in situations presenting imminentdanger to health or safety; or (iii) in situations involving inspection ofconveyances if there is reasonable cause tobelieve that the mobility of the conveyancemakes it impracticable to obtain a warrant;

or (iv) in any other exceptional oremergency circumstance where time oropportunity to apply for a warrant is lacking. (5) An inspection warrant authorized bythis Section shall not extend to financialdata, sales data, other than shipment data, orpricing data unless the person in charge ofthe controlled premises consents in writing,provided, however, that records required tobe kept under this Act are not included insuch financial data, sales data or pricingdata. (Source: P.A. 79 1362.)

(720 ILCS 570/503) (from Ch. 56 1/2,par. 1503) Sec. 503. In addition to any otherremedies, the Director is authorized to file acomplaint and apply to any circuit court for,and such circuit court may upon hearing andfor cause shown, grant a temporaryrestraining order or a preliminary orpermanent injunction, without bond,restraining any person from violating thisAct whether or not there exists other judicialremedies. (Source: P.A. 83 342.)

(720 ILCS 570/504) (from Ch. 56 1/2,par. 1504) Sec. 504. (a) The Director shall cooperatewith Federal and other State agencies indischarging his responsibilities concerningtraffic in controlled substances and insuppressing the misuse and abuse ofcontrolled substances. To this end he may: (1) arrange for the exchange ofinformation among governmental officialsconcerning the use, misuse and abuse ofcontrolled substances; (2) coordinate and cooperate in trainingprograms concerning controlled substancelaw enforcement at local and State levels;

(3) cooperate with the federal DrugEnforcement Administration or its successoragency; and (4) conduct programs of eradicationaimed at destroying wild illicit growth ofplant species from which controlledsubstances may be extracted. (b) Results, information, and evidencereceived from the Drug EnforcementAdministration relating to the regulatoryfunctions of this Act, including results ofinspections conducted by it may be reliedand acted upon by the Director in theexercise of his regulatory functions underthis Act. (Source: P.A. 84 874.)

(720 ILCS 570/505) (from Ch. 56 1/2,par. 1505) Sec. 505. (a) The following are subject toforfeiture: (1) all substances which have beenmanufactured, distributed, dispensed, or possessed inviolation of this Act; (2) all raw materials, products andequipment of any kind which are used, or intended for usein manufacturing, distributing, dispensing,administering or possessing any substance inviolation of this Act; (3) all conveyances, including aircraft,vehicles or vessels, which are used, or intended foruse, to transport, or in any manner tofacilitate the transportation, sale, receipt,possession, or concealment of propertydescribed in paragraphs (1) and (2), but: (i) no conveyance used by anyperson as a common carrier in the transaction of business asa common carrier is subject to forfeiture

under this Section unless it appears that theowner or other person in charge of theconveyance is a consenting party or privy toa violation of this Act; (ii) no conveyance is subject toforfeiture under this Section by reason of any actor omission which the owner proves to havebeen committed or omitted without hisknowledge or consent; (iii) a forfeiture of a conveyanceencumbered by a bona fide security interest is subjectto the interest of the secured party if heneither had knowledge of nor consented tothe act or omission; (4) all money, things of value, books,records, and research products and materials includingformulas, microfilm, tapes, and data whichare used, or intended to be used in violationof this Act; (5) everything of value furnished, orintended to be furnished, in exchange for a substance inviolation of this Act, all proceeds traceableto such an exchange, and all moneys,negotiable instruments, and securities used,or intended to be used, to commit or in anymanner to facilitate any violation of thisAct; (6) all real property, including anyright, title, and interest (including, but not limited to,any leasehold interest or the beneficialinterest in a land trust) in the whole of anylot or tract of land and any appurtenances orimprovements, which is used or intended tobe used, in any manner or part, to commit,or in any manner to facilitate thecommission of, any violation or act that

constitutes a violation of Section 401 or 405of this Act or that is the proceeds of anyviolation or act that constitutes a violation ofSection 401 or 405 of this Act. (b) Property subject to forfeiture underthis Act may be seized by the Director orany peace officer upon process or seizurewarrant issued by any court havingjurisdiction over the property. Seizure by theDirector or any peace officer withoutprocess may be made: (1) if the seizure is incident toinspection under an administrative inspection warrant; (2) if the property subject to seizure hasbeen the subject of a prior judgment in favor ofthe State in a criminal proceeding, or in aninjunction or forfeiture proceeding basedupon this Act or the Drug Asset ForfeitureProcedure Act; (3) if there is probable cause to believethat the property is directly or indirectlydangerous to health or safety; (4) if there is probable cause to believethat the property is subject to forfeiture under thisAct and the property is seized undercircumstances in which a warrantless seizureor arrest would be reasonable; or (5) in accordance with the Code ofCriminal Procedure of 1963. (c) In the event of seizure pursuant tosubsection (b), forfeiture proceedings shallbe instituted in accordance with the DrugAsset Forfeiture Procedure Act. (d) Property taken or detained under thisSection shall not be subject to replevin, but

is deemed to be in the custody of theDirector subject only to the order andjudgments of the circuit court havingjurisdiction over the forfeiture proceedingsand the decisions of the State's Attorneyunder the Drug Asset Forfeiture ProcedureAct. When property is seized under this Act,the seizing agency shall promptly conductan inventory of the seized property andestimate the property's value, and shallforward a copy of the inventory of seizedproperty and the estimate of the property'svalue to the Director. Upon receiving noticeof seizure, the Director may: (1) place the property under seal; (2) remove the property to a placedesignated by the Director; (3) keep the property in the possessionof the seizing agency; (4) remove the property to a storagearea for safekeeping or, if the property is anegotiable instrument or money and is notneeded for evidentiary purposes, deposit itin an interest bearing account; (5) place the property underconstructive seizure by posting notice of pending forfeiture on it,by giving notice of pending forfeiture to itsowners and interest holders, or by filingnotice of pending forfeiture in anyappropriate public record relating to theproperty; or (6) provide for another agency orcustodian, including an owner, secured party, orlienholder, to take custody of the propertyupon the terms and conditions set by theDirector.

(e) If the Department of ProfessionalRegulation suspends or revokes aregistration, all controlled substances ownedor possessed by the registrant at the time ofsuspension or the effective date of therevocation order may be placed under seal.No disposition may be made of substancesunder seal until the time for taking an appealhas elapsed or until all appeals have beenconcluded unless a court, upon applicationtherefor, orders the sale of perishablesubstances and the deposit of the proceedsof the sale with the court. Upon a revocationrule becoming final, all substances may beforfeited to the Department of ProfessionalRegulation. (f) When property is forfeited under thisAct the Director shall sell all such propertyunless such property is required by law to bedestroyed or is harmful to the public, andshall distribute the proceeds of the sale,together with any moneys forfeited orseized, in accordance with subsection (g).However, upon the application of the seizingagency or prosecutor who was responsiblefor the investigation, arrest or arrests andprosecution which lead to the forfeiture, theDirector may return any item of forfeitedproperty to the seizing agency or prosecutorfor official use in the enforcement of lawsrelating to cannabis or controlledsubstances, if the agency or prosecutor candemonstrate that the item requested wouldbe useful to the agency or prosecutor in theirenforcement efforts. When any forfeitedconveyance, including an aircraft, vehicle,or vessel, is returned to the seizing agencyor prosecutor, the conveyance may be usedimmediately in the enforcement of thecriminal laws of this State. Upon disposal,all proceeds from the sale of the conveyancemust be used for drug enforcementpurposes. When any real property returnedto the seizing agency is sold by the agencyor its unit of government, the proceeds ofthe sale shall be delivered to the Director

and distributed in accordance withsubsection (g). (g) All monies and the sale proceeds of allother property forfeited and seized underthis Act shall be distributed as follows: (1) 65% shall be distributed to themetropolitan enforcement group, local, municipal,county, or state law enforcement agency oragencies which conducted or participated inthe investigation resulting in the forfeiture.The distribution shall bear a reasonablerelationship to the degree of directparticipation of the law enforcement agencyin the effort resulting in the forfeiture,taking into account the total value of theproperty forfeited and the total lawenforcement effort with respect to theviolation of the law upon which theforfeiture is based. Amounts distributed tothe agency or agencies shall be used for theenforcement of laws governing cannabis andcontrolled substances or for securitycameras used for the prevention or detectionof violence, except that amounts distributedto the Secretary of State shall be depositedinto the Secretary of State Evidence Fund tobe used as provided in Section 2 115 of theIllinois Vehicle Code. (2)(i) 12.5% shall be distributed to theOffice of the State's Attorney of the county inwhich the prosecution resulting in theforfeiture was instituted, deposited in aspecial fund in the county treasury andappropriated to the State's Attorney for usein the enforcement of laws governingcannabis and controlled substances. Incounties over 3,000,000 population, 25%will be distributed to the Office of the State'sAttorney for use in the enforcement of lawsgoverning cannabis and controlledsubstances. If the prosecution is undertakensolely by the Attorney General, the portionprovided hereunder shall be distributed to

the Attorney General for use in theenforcement of laws governing cannabis andcontrolled substances. (ii) 12.5% shall be distributed to theOffice of the State's Attorneys Appellate Prosecutorand deposited in the Narcotics ProfitForfeiture Fund of that office to be used foradditional expenses incurred in theinvestigation, prosecution and appeal ofcases arising under laws governing cannabisand controlled substances. The Office of theState's Attorneys Appellate Prosecutor shallnot receive distribution from cases broughtin counties with over 3,000,000 population. (3) 10% shall be retained by theDepartment of State Police for expenses related to theadministration and sale of seized andforfeited property. (h) Species of plants from whichcontrolled substances in Schedules I and IImay be derived which have been planted orcultivated in violation of this Act, or ofwhich the owners or cultivators areunknown, or which are wild growths, maybe seized and summarily forfeited to theState. The failure, upon demand by theDirector or any peace officer, of the personin occupancy or in control of land orpremises upon which the species of plantsare growing or being stored, to produceregistration, or proof that he is the holderthereof, constitutes authority for the seizureand forfeiture of the plants. (Source: P.A. 94 1004, eff. 7 3 06.)

(720 ILCS 570/506) (from Ch. 56 1/2,par. 1506) Sec. 506. It is not necessary for the State to negateany exemption or exception in this Act in

any complaint, information, indictment orother pleading or in any trial, hearing, orother proceeding under this Act. The burdenof proof of any exemption or exception isupon the person claiming it. (Source: P.A. 77 757.)

(720 ILCS 570/507) (from Ch. 56 1/2,par. 1507) Sec. 507. All rulings, finaldeterminations, findings, and conclusions ofthe Department of State Police, theDepartment of Professional Regulation, andthe Department of Human Services of theState of Illinois under this Act are final andconclusive decisions of the mattersinvolved. Any person aggrieved by thedecision may obtain review of the decisionpursuant to the provisions of theAdministrative Review Law, as amendedand the rules adopted pursuant thereto.Pending final decision on such review, theacts, orders and rulings of the Departmentshall remain in full force and effect unlessmodified or suspended by order of courtpending final judicial decision. Pendingfinal decision on such review, the acts,orders, sanctions and rulings of theDepartment of Professional Regulationregarding any registration shall remain infull force and effect, unless stayed by orderof court. However, no stay of any decisionof the administrative agency shall issueunless the person aggrieved by the decisionestablishes by a preponderance of theevidence that good cause exists therefor. Indetermining good cause, the court shall findthat the aggrieved party has established asubstantial likelihood of prevailing on themerits and that granting the stay will nothave an injurious effect on the generalpublic. Good cause shall not be establishedsolely on the basis of hardships resultingfrom an inability to engage in the registeredactivity pending a final judicial decision.

(Source: P.A. 89 507, eff. 7 1 97.)

(720 ILCS 570/507.1) (from Ch. 56 1/2,par. 1507.1) Sec. 507.1. The Department shall not berequired to certify any record to the court orfile any answer in court or otherwise appearin any court proceedings under theAdministrative Review Law, unless there isfiled in the court with the complaint areceipt from the Department acknowledgingpayment of the costs of furnishing andcertifying the record. Exhibits shall becertified without cost. Failure on the part ofthe plaintiff to file such receipt in court shallbe grounds for dismissal of the action. (Source: P.A. 83 969.)

(720 ILCS 570/508) (from Ch. 56 1/2,par. 1508) Sec. 508. (a) The Department shallencourage research on controlledsubstances. In connection with the research,and in furtherance of the purposes of thisAct, the Department may: (1) establish methods to assessaccurately the effect of controlled substances and identify andcharacterize those with potential for abuse; (2) make studies and undertakeprograms of research to: (i) develop new or improvedapproaches, techniques, systems, equipment anddevices to strengthen the enforcement of thisAct; (ii) determine patterns of use,misuse, and abuse of controlled substances and theirsocial effects; and

(iii) improve methods for preventing,predicting, understanding, and dealing with theuse, misuse and abuse of controlledsubstances; and (3) enter into contracts with publicagencies, educational institutions, and privateorganizations or individuals for the purposeof conducting research, demonstrations, orspecial projects which relate to the use,misuse and abuse of controlled substances. (b) Persons authorized to engage inresearch may be authorized by theDepartment to protect the privacy ofindividuals who are the subjects of suchresearch by withholding from all persons notconnected with the conduct of the researchthe names and other identifyingcharacteristics of such individuals. Personswho are given this authorization shall not becompelled in any civil, criminal,administrative, legislative or otherproceeding to identify the individuals whoare the subjects of research for which theauthorization was granted, except to theextent necessary to permit the Department todetermine whether the research is beingconducted in accordance with theauthorization. (c) The Department may authorize thepossession and dispensing of controlledsubstances by persons engaged in research,upon such terms and conditions as may beconsistent with the public health and safety.The Department may also approve researchand treatment programs involving theadministration of Methadone. The use ofMethadone, or any similar controlledsubstance by any person is prohibited in thisState except as approved and authorized bythe Department in accordance with its rulesand regulations. To the extent of the

applicable authorization, persons are exemptfrom prosecution in this State forpossession, manufacture or delivery ofcontrolled substances. (d) Practitioners registered under Federallaw to conduct research with Schedule Isubstances may conduct research withSchedule I substances within this State uponfurnishing evidence of that Federalregistration and notification of the scope andpurpose of such research to the Department. (Source: P.A. 96 328, eff. 8 11 09.)

(720 ILCS 570/509) (from Ch. 56 1/2,par. 1509) Sec. 509. Whenever any court in this State grantsprobation to any person that the court hasreason to believe is or has been an addict orunlawful possessor of controlled substances,the court shall require, as a condition ofprobation, that the probationer submit toperiodic tests by the Department ofCorrections to determine by means ofappropriate chemical detection tests whetherthe probationer is using controlledsubstances. The court may require as acondition of probation that the probationerenter an approved treatment program, if thecourt determines that the probationer isaddicted to a controlled substance.Whenever the Parole and Pardon Boardgrants parole to a person whom the Boardhas reason to believe has been an unlawfulpossessor or addict of controlled substances,the Board shall require as a condition ofparole that the parolee submit to appropriateperiodic chemical tests by the Department ofCorrections to determine whether theparolee is using controlled substances. (Source: P. A. 77 757.)

(720 ILCS 570/510) Sec. 510. Preservation of evidence for

laboratory testing. (a) Before or after the trial in aprosecution for a violation of any Section ofArticle IV of this Act, a law enforcementagency or an agent acting on behalf of thelaw enforcement agency must preserve,subject to a continuous chain of custody, notless than: (1) 2 kilograms of any substancecontaining a detectable amount of heroin; (2) 10 kilograms of any substancecontaining a detectable amount of: (A) coca leaves,except coca leaves and extract of cocaleaves from which cocaine, ecgonine, andderivatives of ecgonine or their salts havebeen removed; (B) cocaine, its salts, opticaland geometric isomers, and salts of isomers;(C) ecgonine, its derivatives, their salts,isomers, and salts of isomers; or (D) anycombination of the substances described insubdivisions (A) through (C) of thisparagraph (a)(2); (3) 10 kilograms of a mixture ofsubstances described in subdivision (B) of paragraph (a)(2)that contains a cocaine base; (4) 200 grams of phencyclidine (alsoreferred to as "PCP") or 2 kilograms of any substancecontaining a detectable amount ofphencyclidine; (5) 20 grams of any substancecontaining a detectable amount of lysergic acid diethylamide(also referred to as "LSD"); (6) 800 grams of a mixture or substancecontaining a detectable amount of fentanyl, or 2 gramsof any substance containing a detectable

amount of any analog of fentanyl; with respect to the offenses enumerated inthis subsection (a) and must maintain sufficientdocumentation to locate that evidence.Excess quantities with respect to theoffenses enumerated in this subsection (a)cannot practicably be retained by a lawenforcement agency because of its size,bulk, and physical character. (b) The sheriff or seizing law enforcementagency must file a motion requestingdestruction of bulk evidence before the trialjudge in the courtroom where the criminalcharge is pending. The sheriff or seizing lawenforcement agency must give notice of themotion requesting destruction of bulkevidence to the prosecutor of the criminalcharge and the defense attorney of record.The trial judge will conduct an evidentiaryhearing in which all parties will be given theopportunity to present evidence andarguments relating to whether the evidenceshould be destroyed, whether suchdestruction will prejudice the prosecution ofthe criminal case, and whether thedestruction of the evidence will prejudicethe defense of the criminal charge. Thecourt's determination whether to grant themotion for destruction of bulk evidencemust be based upon the totality of all of thecircumstances of the case presented at theevidentiary hearing, the effect suchdestruction would have upon the defendant'sconstitutional rights, and the prosecutor'sability to proceed with the prosecution of thecriminal charge. (c) The court may, before trial, transferexcess quantities of any substance containingany of the controlled substances enumeratedin subsection (a) with respect to aprosecution for any offense enumerated insubsection (a) to the sheriff of the county, or

may, in its discretion, transfer such evidenceto the Department of State Police, fordestruction after notice is given to thedefendant's attorney of record or to thedefendant if the defendant is proceeding prose. (d) After a judgment of conviction isentered and the charged quantity is no longer needed forevidentiary purposes with respect to aprosecution for any offense enumerated insubsection (a), the court may transfer anysubstance containing any of the controlledsubstances enumerated in subsection (a) tothe sheriff of the county, or may, in itsdiscretion, transfer such evidence to theDepartment of State Police, for destructionafter notice is given to the defendant'sattorney of record or to the defendant if thedefendant is proceeding pro se. No evidenceshall be disposed of until 30 days after thejudgment is entered, and if a notice ofappeal is filed, no evidence shall bedisposed of until the mandate has beenreceived by the circuit court from theAppellate Court. (Source: P.A. 95 993, eff. 10 3 08.)

(720 ILCS 570/Art. VI heading) ARTICLE VI

(720 ILCS 570/601) (from Ch. 56 1/2,par. 1601) Sec. 601. Prosecution for any violation of lawoccurring prior to the effective date of thisAct is not affected or abated by this Act. Ifthe offense being prosecuted would be aviolation of this Act, and has not reached thesentencing stage or final adjudication, then

for purposes of penalty the penalties underthis Act apply if they are less than under theprior law upon which the prosecution wascommenced. (Source: P. A. 77 757.)

(720 ILCS 570/602) (from Ch. 56 1/2,par. 1602) Sec. 602. If any provision of this Act or theapplication thereof to any person orcircumstance is invalid, such invalidationshall not affect other provisions orapplications of the Act which can be giveneffect without the invalid provision orapplication, and to this end the provisions ofthis Act are declared to be severable. (Source: P. A. 77 757.)

(720 ILCS 570/603) (from Ch. 56 1/2,par. 1603) Sec. 603. The following Acts and parts of Acts arerepealed: (a) The "Uniform Narcotic Drug Act,"approved July 11, 1957, as amended. (b) The "Drug Abuse Control Act,"approved August 17, 1967, as amended. (c) "An Act to amend Sections 2 15, 41(a) and 43 of, and to add Sections 43.1, 43.2,43.3, 43.4, 43.5, 43.6 and 43.7 to the"Uniform Drug, Device and Cosmetic Act",approved July 9, 1959, as amended,"approved August 11, 1967, as amended. (d) "An Act to amend Section 46 of the'Uniform Drug, Device and Cosmetic Act',approved July 9, 1959, as amended",approved August 18, 1967, as amended. (Source: P. A. 77 757.)

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