(720 ILCS 648/1) Sec. 1. Short title. This Act may be cited as the Methamphetamine Precursor Control Act. (Source: P.A. 94‑694, eff. 1‑15‑06.)
(720 ILCS 648/5) Sec. 5. Purpose. The purpose of this Act is to reduce the harm that methamphetamine manufacturing and manufacturers are inflicting on individuals, families, communities, first responders, the economy, and the environment in Illinois, by making it more difficult for persons engaged in the unlawful manufacture of methamphetamine and related activities to obtain methamphetamine's essential ingredient, ephedrine or pseudoephedrine. It is the intent of the General Assembly that this Act operate in tandem with and be interpreted as consistent with federal laws and regulations relating to the subject matter of this Act to the greatest extent possible.
(Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.)
(720 ILCS 648/10) Sec. 10. Definitions. In this Act: "Administer" or "administration" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. "Agent" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. "Convenience package" means any package that contains 360 milligrams or less of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers in liquid or liquid‑filled capsule form. "Deliver" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. "Dispense" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.
"Distribute" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. "List I chemical" has the meaning provided in 21 U.S.C. Section 802. "Methamphetamine precursor" has the meaning provided in Section 10 of the Methamphetamine Control and Community Protection Act. "Package" means an item packaged and marked for retail sale that is not designed to be further broken down or subdivided for the purpose of retail sale. "Pharmacist" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.
"Pharmacy" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. "Practitioner" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. "Prescriber" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. "Prescription" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. "Readily retrievable" has the meaning provided in 21 C.F.R. part 1300. "Retail distributor" means a grocery store, general merchandise store, drug store, other merchandise store, or other entity or person whose activities as a distributor relating to drug products containing targeted methamphetamine precursor are limited exclusively or almost exclusively to sales for personal use by an ultimate user, both in number of sales and volume of sales, either directly to walk‑in customers or in face‑to‑face transactions by direct sales. "Sales employee" means any employee or agent, other than a pharmacist or pharmacy technician who works exclusively or almost exclusively behind a pharmacy counter, who at any time (a) operates a cash register at which targeted packages may be sold, (b) stocks shelves containing targeted packages, or (c) trains or supervises any other employee or agent who engages in any of the preceding activities. "Single retail transaction" means a sale by a retail distributor to a specific customer at a specific time. "Targeted methamphetamine precursor" means any compound, mixture, or preparation that contains any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers. "Targeted package" means a package, including a convenience package, containing any amount of targeted methamphetamine precursor. "Ultimate user" has the meaning provided in Section 102 of the Illinois Controlled Substances Act. (Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.)
(720 ILCS 648/15) Sec. 15. Basic provisions. (a) No targeted methamphetamine precursor shall be purchased, received, or otherwise acquired in any manner other than that described in Section 20 of this Act. (b) No targeted methamphetamine precursor shall be knowingly administered, dispensed, or distributed for any purpose other than a medical purpose.
(c) No targeted methamphetamine precursor shall be knowingly administered, dispensed, or distributed for the purpose of violating or evading this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(d) No targeted methamphetamine precursor shall be administered, dispensed, or distributed with knowledge that it will be used to manufacture methamphetamine or with reckless disregard of its likely use to manufacture methamphetamine. (e) No targeted methamphetamine precursor shall be administered, dispensed, or distributed except by:
(1) a pharmacist pursuant to the valid order of a
prescriber;
(2) any other practitioner authorized to do so by
the Illinois Controlled Substances Act;
(3) a drug abuse treatment program, pursuant to
subsection (d) of Section 313 of the Illinois Controlled Substances Act;
(4) a pharmacy pursuant to Section 25 of this Act; (5) a retail distributor pursuant to Sections 30 and
35 of this Act; or
(6) a distributor authorized by the Drug Enforcement
Administration to distribute bulk quantities of a list I chemical under the federal Controlled Substances Act and corresponding regulations, or the employee or agent of such a distributor acting in the normal course of business.
(f) Notwithstanding any provision of this Act to the contrary, it is lawful for persons to provide small quantities of targeted methamphetamine precursors to immediate family or household members for legitimate medical purposes, and it is lawful for persons to receive small quantities of targeted methamphetamine precursors from immediate family or household members for legitimate medical purposes.
(Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.)
(720 ILCS 648/20) Sec. 20. Restrictions on purchase, receipt, or acquisition. (a) Except as provided in subsection (e) of this Section, any person 18 years of age or older wishing to purchase, receive, or otherwise acquire a targeted methamphetamine precursor shall, prior to taking possession of the targeted methamphetamine precursor:
(1) provide a driver's license or other
government‑issued identification showing the person's name, date of birth, and photograph; and
(2) sign a log documenting the name and address of
the person, date and time of the transaction, and brand and product name and total quantity distributed of ephedrine or pseudoephedrine, their salts, or optical isomers, or salts of optical isomers.
(b) Except as provided in subsection (e) of this Section,
no person shall knowingly purchase, receive, or otherwise acquire, within any 30‑day period products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.
(c) Except as provided in subsections (d) and (e) of this Section, no person shall knowingly purchase, receive, or otherwise acquire more than 2 targeted packages in a single retail transaction. (d) Except as provided in subsection (e) of this Section, no person shall knowingly purchase, receive, or otherwise acquire more than one convenience package from a retail location other than a pharmacy counter in a 24‑hour period. (e) This Section shall not apply to any person who purchases, receives, or otherwise acquires a targeted methamphetamine precursor for the purpose of dispensing, distributing, or administering it in a lawful manner described in subsection (e) of Section 15 of this Act. (Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.)
(720 ILCS 648/25) Sec. 25. Pharmacies. (a) No targeted methamphetamine precursor may be knowingly distributed through a pharmacy, including a pharmacy located within, owned by, operated by, or associated with a retail distributor unless all terms of this Section are satisfied. (b) Any targeted methamphetamine precursor other than a convenience package or a liquid, including but not limited to any targeted methamphetamine precursor in liquid‑filled capsules, shall: be packaged in blister packs, with each blister containing not more than 2 dosage units, or when the use of blister packs is technically infeasible, in unit dose packets. Each targeted package shall contain no more than 3,000 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.
(c) The targeted methamphetamine precursor shall be stored behind the pharmacy counter and distributed by a pharmacist or pharmacy technician licensed under the Pharmacy Practice Act of 1987. (d) Any retail distributor operating a pharmacy, and any pharmacist or pharmacy technician involved in the transaction or transactions, shall ensure that any person purchasing, receiving, or otherwise acquiring the targeted methamphetamine precursor complies with subsection (a) of Section 20 of this Act.
(e) Any retail distributor operating a pharmacy, and any pharmacist or pharmacy technician involved in the transaction or transactions, shall verify that: (1) The person purchasing, receiving, or otherwise
acquiring the targeted methamphetamine precursor is 18 years of age or older and resembles the photograph of the person on the government‑issued identification presented by the person; and
(2) The name entered into the log referred to in
subsection (a) of Section 20 of this Act corresponds to the name on the government‑issued identification presented by the person.
(f) The logs referred to in subsection (a) of Section 20 of this Act shall be kept confidential, maintained for not less than 2 years, and made available for inspection and copying by any law enforcement officer upon request of that officer.
These logs may be kept in an electronic format if they include all the information specified in subsection (a) of Section 20 of this Act in a manner that is readily retrievable and reproducible in hard‑copy format. (g) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute any targeted methamphetamine precursor to any person under 18 years of age. (h) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute to a single person more than 2 targeted packages in a single retail transaction. (i) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute to a single person in any 30‑day period products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.
(j) A pharmacist or pharmacy technician may distribute a targeted methamphetamine precursor to a person who is without a form of identification specified in paragraph (1) of subsection (a) of Section 20 of this Act only if all other provisions of this Act are followed and either: (1) the person presents a driver's
license issued without a photograph by the State of Illinois pursuant to the Illinois Administrative Code, Title 92, Section 1030.90(b)(1) or 1030.90(b)(2); or
(2) the person is known to the
pharmacist or pharmacy technician, the person presents some form of identification, and the pharmacist or pharmacy technician reasonably believes that the targeted methamphetamine precursor will be used for a legitimate medical purpose and not to manufacture methamphetamine.
(k) When a pharmacist or pharmacy technician distributes a targeted methamphetamine precursor to a person according to the procedures set forth in this Act, and the pharmacist or pharmacy technician does not have access to a working cash register at the pharmacy counter, the pharmacist or pharmacy technician may instruct the person to pay for the targeted methamphetamine precursor at a cash register located elsewhere in the retail establishment, whether that register is operated by a pharmacist, pharmacy technician, or other employee or agent of the retail establishment.
(Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.)
(720 ILCS 648/30) Sec. 30. Retail distributors; general requirements. (a) No retail distributor shall distribute any convenience package except in accordance with this Section and Section 35 of this Act. (b) The convenience packages must be displayed behind store counters or in locked cases, so that customers are not able to reach the product without the assistance of a store employee or agent.
(c) The retailer distributor shall ensure that any person purchasing, receiving, or otherwise acquiring the targeted methamphetamine precursor complies with subsection (a) of Section 20 of this Act.
(d) The retail distributor shall verify that:
(1) The person purchasing, receiving, or otherwise
acquiring the targeted methamphetamine precursor is 18 years of age or older and resembles the photograph of the person on the government‑issued identification presented by the person; and
(2) The name entered into the log referred to in
subsection (a) of Section 20 of this Act corresponds to the name on the government‑issued identification presented by the person.
(e) The logs referred to in subsection (a) of Section 20 of this Act shall be kept confidential, maintained for not less than 2 years, and made available for inspection and copying by any law enforcement officer upon request of that officer. These logs may be kept in an electronic format if they include all the information specified in subsection (a) of Section 20 of this Act in a form that is readily retrievable. (f) No retail distributor shall knowingly distribute any targeted methamphetamine precursor to any person under 18 years of age. (g) No retail distributor shall knowingly distribute to a single person in any 24‑hour period more than one convenience package.
(h) No retail distributor shall knowingly distribute to a single person in any 30‑day period products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.
(Source: P.A. 94‑694, eff. 1‑15‑06.)
(720 ILCS 648/35) Sec. 35. Retail distributors; training requirements. (a) Every retail distributor of any targeted methamphetamine precursor shall train each sales employee on the topics listed on the certification form described in subsection (b) of this Section. This training may be conducted by a live trainer or by means of a computer‑based training program. This training shall be completed within 30 days of the effective date of this Act or within 30 days of the date that each sales employee begins working for the retail distributor, whichever of these 2 dates comes later. (b) Immediately after training each sales employee as required in subsection (a) of this Section, every retail distributor of any targeted methamphetamine precursor shall have each sales employee read, sign, and date a certification containing the following language: (1) My name is (insert name of employee) and I am an
employee of (insert name of business) at (insert street address).
(2) I understand that in Illinois there are laws
governing the sale of certain over‑the‑counter medications that contain a chemical called ephedrine or a second chemical called pseudoephedrine. Medications that are subject to these laws are called "targeted methamphetamine precursors".
(3) I understand that "targeted methamphetamine
precursors" can be used to manufacture the illegal and dangerous drug methamphetamine and that methamphetamine is causing great harm to individuals, families, communities, the economy, and the environment throughout Illinois.
(4) I understand that under Illinois law, unless they
are at a pharmacy counter, customers can only purchase small "convenience packages" of "targeted methamphetamine precursors".
(5) I understand that under Illinois law, customers
can only purchase these "convenience packages" if they are 18 years of age or older, show identification, and sign a log according to procedures that have been described to me.
(6) I understand that under Illinois law, I cannot
sell more than one "convenience package" to a single customer in one 24‑hour period.
(7) I understand that under Illinois law, I cannot
sell "targeted methamphetamine precursors" to a person if I know that the person is going to use them to make methamphetamine.
(8) I understand that there are a number of
ingredients that are used to make the illegal drug methamphetamine, including "targeted methamphetamine precursors" sold in "convenience packages". My employer has shown me a list of these various ingredients, and I have reviewed the list.
(9) I understand that there are certain procedures
that I should follow if I suspect that a store customer is purchasing "targeted methamphetamine precursors" or other products for the purpose of manufacturing methamphetamine. These procedures have been described to me, and I understand them.
(c) A certification form of the type described in subsection (b) of this Section may be signed with a handwritten signature or an electronic signature that includes a unique identifier for each employee. The certification shall be retained by the retail distributor for each sales employee for the duration of his or her employment and for at least 30 days following the end of his or her employment. Any such form shall be made available for inspection and copying by any law enforcement officer upon request of that officer. These records may be kept in electronic format if they include all the information specified in this Section in a manner that is readily retrievable and reproducible in hard‑copy format. (d) The Office of the Illinois Attorney General shall make available to retail distributors the list of methamphetamine ingredients referred to in subsection (b) of this Section. (e) The training requirements set forth in this Section apply to the distribution of convenience packages away from pharmacy counters as set forth in Section 30 of this Act but do not apply to the distribution of targeted methamphetamine precursors through a pharmacy as set forth in Section 25 of this Act.
(Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.)
(720 ILCS 648/40) Sec. 40. Penalties. (a) Any pharmacy or retail distributor that violates this Act is guilty of a petty offense and subject to a fine of $500 for a first offense; and $1,000 for a second offense occurring at the same retail location as and within 3 years of the prior offense. A pharmacy or retail distributor that violates this Act is guilty of a business offense and subject to a fine of $5,000 for a third or subsequent offense occurring at the same retail location as and within 3 years of the prior offenses. (b) An employee or agent of a pharmacy or retail distributor who violates this Act is guilty of a Class A misdemeanor for a first offense, a Class 4 felony for a second offense, and a Class 1 felony for a third or subsequent offense. (c) Any other person who violates this Act is guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class 4 felony for a third or subsequent offense. (Source: P.A. 94‑694, eff. 1‑15‑06.)
(720 ILCS 648/45) Sec. 45. Immunity from civil liability. In the event that any agent or employee of a pharmacy or retail distributor reports to any law enforcement officer or agency any suspicious activity concerning a targeted methamphetamine precursor or other methamphetamine ingredient or ingredients, the agent or employee and the pharmacy or retail distributor itself are immune from civil liability based on allegations of defamation, libel, slander, false arrest, or malicious prosecution, or similar allegations, except in cases of willful or wanton misconduct. (Source: P.A. 94‑694, eff. 1‑15‑06.)
(720 ILCS 648/50) Sec. 50. Scope of Act. (a) Nothing in this Act limits the scope, terms, or effect of the Methamphetamine Control and Community Protection Act. (b) Nothing in this Act limits the lawful authority granted by the Medical Practice Act of 1987, the Nursing and Advanced Practice Nursing Act, or the Pharmacy Practice Act of 1987. (c) Nothing in this Act limits the authority or activity of any law enforcement officer acting within the scope of his or her employment. (Source: P.A. 94‑694, eff. 1‑15‑06.)
(720 ILCS 648/55) Sec. 55. Preemption and home rule powers. (a) Except as provided in subsection (b) of this Section, a county or municipality, including a home rule unit, may regulate the sale of targeted methamphetamine precursor and targeted packages in a manner that is not more or less restrictive than the regulation by the State under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. (b) Any regulation of the sale of targeted methamphetamine precursor and targeted packages by a home rule unit that took effect on or before May 1, 2004, is exempt from the provisions of subsection (a) of this Section. (Source: P.A. 94‑694, eff. 1‑15‑06.)
(720 ILCS 648/60) Sec. 60. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 94‑830, eff. 6‑5‑06.)
(720 ILCS 648/900) Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 94‑694, eff. 1‑15‑06; text omitted.)
(720 ILCS 648/905) Sec. 905. The Methamphetamine Precursor Retail Sale Control Act is repealed. (Source: P.A. 94‑694, eff. 1‑15‑06.)
(720 ILCS 648/999) Sec. 999. Effective date. This Act takes effect January 15, 2006. (Source: P.A. 94‑694, eff. 1‑15‑06.)
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