(720 ILCS 570/401)
(from Ch. 56 1/2, par. 1401)
Sec. 401.
Except as authorized by this Act, it is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance other than methamphetamine, a counterfeit substance, or a controlled substance analog. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog" means a substance which is intended for human consumption, other than a controlled substance, that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N‑substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to the following amounts of controlled or counterfeit substances or controlled substance analogs, notwithstanding any of the provisions of subsections (c), (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class X felony and shall be sentenced to a term of imprisonment as provided in this subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
| years with respect to 15 grams or more but less than 100 grams of a substance containing heroin, or an analog thereof; | |
(B) not less than 9 years and not more than 40 |
| years with respect to 100 grams or more but less than 400 grams of a substance containing heroin, or an analog thereof; | |
(C) not less than 12 years and not more than 50 |
| years with respect to 400 grams or more but less than 900 grams of a substance containing heroin, or an analog thereof; | |
(D) not less than 15 years and not more than 60 |
| years with respect to 900 grams or more of any substance containing heroin, or an analog thereof; | |
(1.5) (A) not less than 6 years and not more than 30 |
| years with respect to 15 grams or more but less than 100 grams of a substance containing fentanyl, or an analog thereof; | |
(B) not less than 9 years and not more than 40 |
| years with respect to 100 grams or more but less than 400 grams of a substance containing fentanyl, or an analog thereof; | |
(C) not less than 12 years and not more than 50 |
| years with respect to 400 grams or more but less than 900 grams of a substance containing fentanyl, or an analog thereof; | |
(D) not less than 15 years and not more than 60 |
| years with respect to 900 grams or more of a substance containing fentanyl, or an analog thereof; | |
(2) (A) not less than 6 years and not more than 30 |
| years with respect to 15 grams or more but less than 100 grams of a substance containing cocaine, or an analog thereof; | |
(B) not less than 9 years and not more than 40 |
| years with respect to 100 grams or more but less than 400 grams of a substance containing cocaine, or an analog thereof; | |
(C) not less than 12 years and not more than 50 |
| years with respect to 400 grams or more but less than 900 grams of a substance containing cocaine, or an analog thereof; | |
(D) not less than 15 years and not more than 60 |
| years with respect to 900 grams or more of any substance containing cocaine, or an analog thereof; | |
(3) (A) not less than 6 years and not more than 30 |
| years with respect to 15 grams or more but less than 100 grams of a substance containing morphine, or an analog thereof; | |
(B) not less than 9 years and not more than 40 |
| years with respect to 100 grams or more but less than 400 grams of a substance containing morphine, or an analog thereof; | |
(C) not less than 12 years and not more than 50 |
| years with respect to 400 grams or more but less than 900 grams of a substance containing morphine, or an analog thereof; | |
(D) not less than 15 years and not more than 60 |
| years with respect to 900 grams or more of a substance containing morphine, or an analog thereof; | |
(4) 200 grams or more of any substance containing |
| peyote, or an analog thereof; | |
(5) 200 grams or more of any substance containing a |
| derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof; | |
(6) 200 grams or more of any substance containing |
| amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof; | |
(6.5) (blank);
(6.6) (blank);
(7) (A) not less than 6 years and not more than 30 |
| years with respect to: (i) 15 grams or more but less than 100 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amounts of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(B) not less than 9 years and not more than 40 |
| years with respect to: (i) 100 grams or more but less than 400 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(C) not less than 12 years and not more than 50 |
| years with respect to: (i) 400 grams or more but less than 900 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(D) not less than 15 years and not more than 60 |
| years with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(7.5) (A) not less than 6 years and not more than 30 |
| years with respect to: (i) 15 grams or more but less than 100 grams of a 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 derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amounts 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 derivative thereof; | |
(B) not less than 9 years and not more than 40 |
| years with respect to: (i) 100 grams or more but less than 400 grams of a 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 derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount 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 derivative thereof; | |
(C) not less than 12 years and not more than 50 |
| years with respect to: (i) 400 grams or more but less than 900 grams of a 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 derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount 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 derivative thereof; | |
(D) not less than 15 years and not more than 60 |
| years with respect to: (i) 900 grams or more 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 derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a 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 derivative thereof; | |
(8) 30 grams or more of any substance containing |
| pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof; | |
(9) 30 grams or more of any substance containing |
| methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof; | |
(10) 30 grams or more of any substance containing |
| 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 any substance containing |
| ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof; | |
(11) 200 grams or more of any substance containing |
| any other controlled substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection. | |
(b) Any person sentenced with respect to violations of paragraph (1), (2), (3), (7), or (7.5) of subsection (a) involving 100 grams or more of the controlled substance named therein, may in addition to the penalties provided therein, be fined an amount not more than $500,000 or the full street value of the controlled or counterfeit substance or controlled substance analog, whichever is greater. The term "street value" shall have the meaning ascribed in Section 110‑5 of the Code of Criminal Procedure of 1963. Any person sentenced with respect to any other provision of subsection (a), may in addition to the penalties provided therein, be fined an amount not to exceed $500,000.
(b‑1) Excluding violations of this Act when the controlled substance is fentanyl, any person sentenced to a term of imprisonment with respect to violations of Section 401, 401.1, 405, 405.1, 405.2, or 407, when the substance containing the controlled substance contains any amount of fentanyl, 3 years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 3 years.
(c) Any person who violates this Section with regard to the following amounts of controlled or counterfeit substances or controlled substance analogs, notwithstanding any of the provisions of subsections (a), (b), (d), (e), (f), (g) or (h) to the 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 15 grams of any |
| substance containing heroin, or an analog thereof; | |
(1.5) 1 gram or more but less than 15 grams of any |
| substance containing fentanyl, or an analog thereof; | |
(2) 1 gram or more but less than 15 grams of any |
| substance containing cocaine, or an analog thereof; | |
(3) 10 grams or more but less than 15 grams of any |
| substance containing morphine, or an analog thereof; | |
(4) 50 grams or more but less than 200 grams of any |
| substance containing peyote, or an analog thereof; | |
(5) 50 grams or more but less than 200 grams of any |
| substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof; | |
(6) 50 grams or more but less than 200 grams of any |
| substance containing amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof; | |
(6.5) (blank);
(7) (i) 5 grams or more but less than 15 grams of |
| any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) more than 10 objects or more than 10 segregated parts of an object or objects but less than 15 objects or less than 15 segregated parts of an object containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(7.5) (i) 5 grams or more but less than 15 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) of Section 204, or an analog or derivative thereof, or (ii) more than 10 pills, tablets, caplets, capsules, or objects but less than 15 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount 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 derivative thereof; | |
(8) 10 grams or more but less than 30 grams of any |
| substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof; | |
(9) 10 grams or more but less than 30 grams of any |
| substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof; | |
(10) 10 grams or more but less than 30 grams of any |
| substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog thereof; | |
(10.5) 10 grams or more but less than 30 grams of |
| any substance containing ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof; | |
(11) 50 grams or more but less than 200 grams of any |
| substance containing a substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection. | |
(c‑5) (Blank).
(d) Any person who violates this Section with regard to any other amount of a controlled or counterfeit substance classified in Schedules I or II, or an analog thereof, which is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) or an analog thereof, (iii) any substance containing amphetamine or fentanyl or any salt or optical isomer of amphetamine or fentanyl, or an analog thereof, or (iv) any substance containing N‑Benzylpiperazine (BZP) or any salt or optical isomer of N‑Benzylpiperazine (BZP), or an analog thereof, is guilty of a Class 2 felony. The fine for violation of this subsection (d) shall not be more than $200,000.
(d‑5) (Blank).
(e) Any person who violates this Section with regard to any other amount of a controlled substance other than methamphetamine or counterfeit substance classified in Schedule I or II, or an analog thereof, which substance is not included under subsection (d) of this Section, is guilty of a Class 3 felony. The fine for violation of this subsection (e) shall not be more than $150,000.
(f) Any person who violates this Section with regard to any other amount of a controlled or counterfeit substance classified in 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 Section with regard to any other amount of a controlled or counterfeit substance classified in 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 Section with regard to any other amount of a controlled or counterfeit substance classified in 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 the manufacture, possession or distribution of a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of Section 505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 95‑259, eff. 8‑17‑07; 96‑347, eff. 1‑1‑10.) |
(720 ILCS 570/402)
(from Ch. 56 1/2, par. 1402)
Sec. 402.
Except as otherwise authorized by this Act, it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog" means a substance which is intended for human consumption, other than a controlled substance, that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N‑substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to the following controlled or counterfeit substances and amounts, notwithstanding any of the provisions of subsections (c) and (d) to the contrary, is guilty of a Class 1 felony and shall, if sentenced to a term of imprisonment, be sentenced as provided in this subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
| years with respect to 15 grams or more but less than 100 grams of a substance containing heroin; | |
(B) not less than 6 years and not more than 30 |
| years with respect to 100 grams or more but less than 400 grams of a substance containing heroin; | |
(C) not less than 8 years and not more than 40 |
| years with respect to 400 grams or more but less than 900 grams of any substance containing heroin; | |
(D) not less than 10 years and not more than 50 |
| years with respect to 900 grams or more of any substance containing heroin; | |
(2) (A) not less than 4 years and not more than 15 |
| years with respect to 15 grams or more but less than 100 grams of any substance containing cocaine; | |
(B) not less than 6 years and not more than 30 |
| years with respect to 100 grams or more but less than 400 grams of any substance containing cocaine; | |
(C) not less than 8 years and not more than 40 |
| years with respect to 400 grams or more but less than 900 grams of any substance containing cocaine; | |
(D) not less than 10 years and not more than 50 |
| years with respect to 900 grams or more of any substance containing cocaine; | |
(3) (A) not less than 4 years and not more than 15 |
| years with respect to 15 grams or more but less than 100 grams of any substance containing morphine; | |
(B) not less than 6 years and not more than 30 |
| years with respect to 100 grams or more but less than 400 grams of any substance containing morphine; | |
(C) not less than 6 years and not more than 40 |
| years with respect to 400 grams or more but less than 900 grams of any substance containing morphine; | |
(D) not less than 10 years and not more than 50 |
| years with respect to 900 grams or more of any substance containing morphine; | |
(4) 200 grams or more of any substance containing |
|
(5) 200 grams or more of any substance containing a |
| derivative of barbituric acid or any of the salts of a derivative of barbituric acid; | |
(6) 200 grams or more of any substance containing |
| amphetamine or any salt of an optical isomer of amphetamine; | |
(6.5) (blank);
(7) (A) not less than 4 years and not more than 15 |
| years with respect to: (i) 15 grams or more but less than 100 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(B) not less than 6 years and not more than 30 |
| years with respect to: (i) 100 grams or more but less than 400 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(C) not less than 8 years and not more than 40 |
| years with respect to: (i) 400 grams or more but less than 900 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(D) not less than 10 years and not more than 50 |
| years with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof; | |
(7.5) (A) not less than 4 years and not more than 15 |
| years with respect to: (i) 15 grams or more but less than 100 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) of Section 204, 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 objects containing in them or having upon them any amount 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 derivative thereof; | |
(B) not less than 6 years and not more than 30 |
| years with respect to: (i) 100 grams or more but less than 400 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) of Section 204, 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 objects containing in them or having upon them any amount 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 derivative thereof; | |
(C) not less than 8 years and not more than 40 |
| years with respect to: (i) 400 grams or more but less than 900 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) of Section 204, 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 objects containing in them or having upon them any amount 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 derivative thereof; | |
(D) not less than 10 years and not more than 50 |
| years with respect to: (i) 900 grams or more 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 derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a 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 derivative thereof; | |
(8) 30 grams or more of any substance containing |
| pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof; | |
(9) 30 grams or more of any substance containing |
| methaqualone or any of the salts, isomers and salts of isomers of methaqualone; | |
(10) 30 grams or more of any substance containing |
| phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP); | |
(10.5) 30 grams or more of any substance containing |
| ketamine or any of the salts, isomers and salts of isomers of ketamine; | |
(11) 200 grams or more of any substance containing |
| any substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection. | |
(b) Any person sentenced with respect to violations of paragraph (1), (2), (3), (7), or (7.5) of subsection (a) involving 100 grams or more of the controlled substance named therein, may in addition to the penalties provided therein, be fined an amount not to exceed $200,000 or the full street value of the controlled or counterfeit substances, whichever is greater. The term "street value" shall have the meaning ascribed in Section 110‑5 of the Code of Criminal Procedure of 1963. Any person sentenced with respect to any other provision of subsection (a), may in addition to the penalties provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to an amount of a controlled substance other than methamphetamine or counterfeit substance not set forth in subsection (a) or (d) is guilty of a Class 4 felony. The fine for a violation punishable under this subsection (c) shall not be more than $25,000.
(d) Any person who violates this Section with regard to any amount of anabolic steroid is guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for a subsequent offense committed within 2 years of a prior conviction.
(Source: P.A. 95‑331, eff. 8‑21‑07; 96‑347, eff. 1‑1‑10.) |
(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 III knowingly to
| distribute or dispense a controlled substance in violation of Sections 308 through 314 of this Act; or | |
(2) who is a registrant, to manufacture a controlled |
| substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person; or | |
(3) to refuse or fail to make, keep or furnish any |
| record, notification, order form, statement, invoice or information required under this Act; or | |
(4) to refuse an entry into any premises for any |
| inspection authorized by this Act; or | |
(5) knowingly to keep or maintain any store, shop, |
| warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by a person unlawfully possessing controlled substances, or which is used for possessing, manufacturing, dispensing or distributing controlled substances in violation of this Act. | |
Any person who violates this subsection (a) is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for each subsequent offense. The fine for each subsequent offense shall not be more than $100,000. In addition, any practitioner who is found guilty of violating this subsection (a) is subject to suspension and revocation of his professional license, in accordance with such procedures as are provided by law for the taking of disciplinary action with regard to the license of said practitioner's profession.
(b) It is unlawful for any person knowingly:
(1) to distribute, as a registrant, a controlled |
| substance classified in Schedule I or II, except pursuant to an order form as required by Section 307 of this Act; or | |
(2) to use, in the course of the manufacture or |
| distribution of a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person; or | |
(3) to acquire or obtain possession of a controlled |
| substance by misrepresentation, fraud, forgery, deception or subterfuge; or | |
(4) to furnish false or fraudulent material |
| information in, or omit any material information from, any application, report or other document required to be kept or filed under this Act, or any record required to be kept by this Act; or | |
(5) to make, distribute or possess any punch, die, |
| plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another, or any likeness of any of the foregoing, upon any controlled substance or container or labeling thereof so as 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 first offense and a Class 3 felony for each subsequent offense. The fine for the first offense shall be not more than $100,000. The fine for each subsequent offense shall not be more than $200,000.
(c) A person who knowingly or intentionally 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 570/407)
(from Ch. 56 1/2, par. 1407)
Sec. 407.
(a) (1)(A) Any person 18 years of age or over who violates any subsection of Section 401 or subsection (b) of Section 404 by delivering a controlled, counterfeit or look‑alike substance to a person under 18 years of age may be sentenced to imprisonment for a term up to twice the maximum term and fined an amount up to twice that amount otherwise authorized by the pertinent subsection of Section 401 and Subsection (b) of Section 404.
(B) (Blank).
(2) Except as provided in paragraph (3) of this subsection, any person who violates:
(A) subsection (c) of Section 401 by delivering or
| possessing with intent to deliver a controlled, counterfeit, or look‑alike substance in or on, or within 1,000 feet of, a truck stop or safety rest area, is guilty of a Class 1 felony, the fine for which shall not exceed $250,000; | |
(B) subsection (d) of Section 401 by delivering or |
| possessing with intent to deliver a controlled, counterfeit, or look‑alike substance in or on, or within 1,000 feet of, a truck stop or safety rest area, is guilty of a Class 2 felony, the fine for which shall not exceed $200,000; | |
(C) subsection (e) of Section 401 or subsection (b) |
| of Section 404 by delivering or possessing with intent to deliver a controlled, counterfeit, or look‑alike substance in or on, or within 1,000 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $150,000; | |
(D) subsection (f) of Section 401 by delivering or |
| possessing with intent to deliver a controlled, counterfeit, or look‑alike substance in or on, or within 1,000 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $125,000; | |
(E) subsection (g) of Section 401 by delivering or |
| possessing with intent to deliver a controlled, counterfeit, or look‑alike substance in or on, or within 1,000 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $100,000; | |
(F) subsection (h) of Section 401 by delivering or |
| possessing with intent to deliver a controlled, counterfeit, or look‑alike substance in or on, or within 1,000 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $75,000; | |
(3) Any person who violates paragraph (2) of this subsection (a) by delivering or possessing with intent to deliver a controlled, counterfeit, or look‑alike substance in or on, or within 1,000 feet of a truck stop or a safety rest area, following a prior conviction or convictions of paragraph (2) of this subsection (a) may be sentenced to a term of imprisonment up to 2 times the maximum term and fined an amount up to 2 times the amount otherwise authorized by Section 401.
(4) For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility |
| removed from the roadway with parking and 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, or both, to any commercial motor vehicle as defined in Section 18b‑101 of the Illinois Vehicle Code. | |
(b) Any person who violates:
(1) subsection (c) of Section 401 in any school, or |
| any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park or within 1,000 feet of the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 1,000 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 1,000 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities is guilty of a Class X felony, the fine for which shall not exceed $500,000; | |
(2) subsection (d) of Section 401 in any school, or |
| any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park or within 1,000 feet of the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 1,000 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 1,000 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities is guilty of a Class 1 felony, the fine for which shall not exceed $250,000; | |
(3) subsection (e) of Section 401 or Subsection (b) |
| of Section 404 in any school, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park or within 1,000 feet of the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 1,000 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 1,000 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities is guilty of a Class 2 felony, the fine for which shall not exceed $200,000; | |
(4) subsection (f) of Section 401 in any school, or |
| any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park or within 1,000 feet of the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 1,000 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 1,000 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities is guilty of a Class 2 felony, the fine for which shall not exceed $150,000; | |
(5) subsection (g) of Section 401 in any school, or |
| any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park or within 1,000 feet of the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 1,000 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 1,000 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities is guilty of a Class 2 felony, the fine for which shall not exceed $125,000; | |
(6) subsection (h) of Section 401 in any school, or |
| any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park or within 1,000 feet of the real property comprising any school or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development, or public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 1,000 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 1,000 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted‑living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities is guilty of a Class 2 felony, the fine for which shall not exceed $100,000. | |
(c) Regarding penalties prescribed in subsection (b) for violations committed in a school or on or within 1,000 feet of school property, the time of day, time of year and whether classes were currently in session at the time of the offense is irrelevant.
(Source: P.A. 93‑223, eff. 1‑1‑04; 94‑556, eff. 9‑11‑05.) |