There Is a Newer Version of the Illinois Compiled Statutes

2010 Illinois Code
CHAPTER 720 CRIMINAL OFFENSES
720 ILCS 570/ Illinois Controlled Substances Act.
Article II

(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 carry out the provisions of this Article. The Department or its successor agency may add substances to or delete or reschedule all controlled substances in the Schedules of Sections 204, 206, 208, 210 and 212 of this Act. In making a determination regarding the addition, deletion, or rescheduling of a substance, the Department shall consider the following:

(1) the actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological

effect, if known;

(3) the state of current scientific knowledge

regarding the substance;

        (4) the history and current pattern of abuse;
        (5) the scope, duration, and significance of abuse;
        (6) the risk to the public health;
        (7) the potential of the substance to produce

psychological or physiological dependence;

(8) whether the substance is an immediate precursor

of a substance already controlled under this Article;

(9) the immediate harmful effect in terms of

potentially fatal dosage; and

(10) the long‑range effects in terms of permanent

health impairment.

    (b) (Blank).
    (c) (Blank).

(d) If any substance is scheduled, rescheduled, or deleted as a controlled substance under Federal law and notice thereof is given to the Department, the Department shall similarly control the substance under this Act after the expiration of 30 days from publication in the Federal Register of a final order scheduling a substance as a controlled substance or rescheduling or deleting a substance, unless within that 30 day period the Department objects, or a party adversely affected files with the Department substantial written objections objecting to inclusion, rescheduling, or deletion. In that case, the Department shall publish the reasons for objection or the substantial written objections and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the Department shall publish its decision, by means of a rule, which shall be final unless altered by statute. Upon publication of objections by the Department, similar control under this Act whether by inclusion, rescheduling or deletion is stayed until the Department publishes its ruling.

(e) The Department shall by rule exclude any non‑narcotic substances from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold over the counter without a prescription.

(f) (Blank).

(g) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in the Liquor Control Act and the Tobacco Products Tax Act.

(h) Persons registered with the Drug Enforcement Administration to manufacture or distribute controlled substances shall maintain adequate security and provide effective controls and procedures to guard against theft and diversion, but shall not otherwise be required to meet the physical security control requirements (such as cage or vault) for Schedule V controlled substances containing pseudoephedrine or Schedule II controlled substances containing dextromethorphan.

(Source: P.A. 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 be listed in the schedules in sections 204, 206, 208, 210 and 212 are included by whatever official, common, usual, chemical, or trade name designated.

(Source: P. A. 77‑757.)

    (720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
    Sec. 203. The Department shall issue a rule scheduling a substance in Schedule I if it finds that:
    (1) the substance has high potential for abuse; and

(2) the substance has no currently accepted medical use in treatment in the United States or lacks accepted safety for use 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 in Schedule I.

(b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:

        (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 as levo‑alpha‑
    acetylmethadol, levomethadyl acetate, or LAAM);
        (4) Alphameprodine;
        (5) Alphamethadol;
        (6) Alpha‑methylfentanyl
    (N‑(1‑alpha‑methyl‑beta‑phenyl) ethyl‑4‑piperidyl)
    propionanilide;  1‑(1‑methyl‑2‑phenylethyl)‑4‑(N‑
    propanilido) piperidine;
        (6.1) Alpha‑methylthiofentanyl
    (N‑[1‑methyl‑2‑(2‑thienyl)ethyl‑
    4‑piperidinyl]‑N‑phenylpropanamide);
        (7) 1‑methyl‑4‑phenyl‑4‑propionoxypiperidine (MPPP);
        (7.1) PEPAP
    (1‑(2‑phenethyl)‑4‑phenyl‑4‑acetoxypiperidine);
        (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‑4‑piperidinyl]‑
    N‑phenylpropanamide).

(c) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical 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 hydrochloride salt);
        (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 unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers):

        (1) 3,4‑methylenedioxyamphetamine
    (alpha‑methyl,3,4‑methylenedioxyphenethylamine,
    methylenedioxyamphetamine, MDA);
        (1.1) Alpha‑ethyltryptamine
    (some trade or other names: etryptamine;
    MONASE; alpha‑ethyl‑1H‑indole‑3‑ethanamine;
    3‑(2‑aminobutyl)indole; a‑ET; and AET);
        (2) 3,4‑methylenedioxymethamphetamine (MDMA);
        (2.1) 3,4‑methylenedioxy‑N‑ethylamphetamine
    (also known as: N‑ethyl‑alpha‑methyl‑
    3,4(methylenedioxy) Phenethylamine, N‑ethyl MDA, MDE,
    and MDEA);
        (2.2) N‑Benzylpiperazine (BZP);
        (3) 3‑methoxy‑4,5‑methylenedioxyamphetamine, (MMDA);
        (4) 3,4,5‑trimethoxyamphetamine (TMA);
        (5) (Blank);
        (6) Diethyltryptamine (DET);
        (7) Dimethyltryptamine (DMT);
        (8) 4‑methyl‑2,5‑dimethoxyamphetamine (DOM, STP);
        (9) Ibogaine  (some trade and other names:
    7‑ethyl‑6,6,beta,7,8,9,10,12,13‑octahydro‑2‑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 all parts of the

plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, derivative, mixture, or preparation of that plant, its seeds or extracts);

(11) 3,4,5‑trimethoxyphenethylamine (Mescaline);
(12) Peyote (meaning all parts of the plant presently

classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, salts, derivative, mixture, or preparation of that plant, its seeds or extracts);

        (13) N‑ethyl‑3‑piperidyl benzilate (JB 318);
        (14) N‑methyl‑3‑piperidyl benzilate;
        (14.1) N‑hydroxy‑3,4‑methylenedioxyamphetamine
    (also known as N‑hydroxy‑alpha‑methyl‑
    3,4(methylenedioxy)phenethylamine and N‑hydroxy MDA);
        (15) Parahexyl; some trade or other names:
    3‑hexyl‑1‑hydroxy‑7,8,9,10‑tetrahydro‑6,6,9‑trimethyl‑6H‑
    dibenzo (b,d) pyran; Synhexyl;
        (16) Psilocybin;
        (17) Psilocyn;
        (18) Alpha‑methyltryptamine (AMT);
        (19) 2,5‑dimethoxyamphetamine
    (2,5‑dimethoxy‑alpha‑methylphenethylamine; 2,5‑DMA);
        (20) 4‑bromo‑2,5‑dimethoxyamphetamine
    (4‑bromo‑2,5‑dimethoxy‑alpha‑methylphenethylamine;
    4‑bromo‑2,5‑DMA);
        (20.1) 4‑Bromo‑2,5 dimethoxyphenethylamine.
    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 of phencyclidine.
    Some trade or other names:
    N‑ethyl‑1‑phenylcyclohexylamine,
    (1‑phenylcyclohexyl) ethylamine,
    N‑(1‑phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
        (24) Pyrrolidine analog of phencyclidine. Some trade

or other names: 1‑(1‑phenylcyclohexyl) pyrrolidine, PCPy, PHP;

        (25) 5‑methoxy‑3,4‑methylenedioxy‑amphetamine;
        (26) 2,5‑dimethoxy‑4‑ethylamphetamine
    (another name: DOET);
        (27) 1‑[1‑(2‑thienyl)cyclohexyl] pyrrolidine
    (another name: TCPy);
        (28) (Blank);
        (29) Thiophene analog of phencyclidine (some trade
    or other names: 1‑[1‑(2‑thienyl)‑cyclohexyl]‑piperidine;
    2‑thienyl analog of phencyclidine; TPCP; TCP);
        (30) Bufotenine (some trade or other names:
    3‑(Beta‑Dimethylaminoethyl)‑5‑hydroxyindole;
    3‑(2‑dimethylaminoethyl)‑5‑indolol;
    5‑hydroxy‑N,N‑dimethyltryptamine;
    N,N‑dimethylserotonin; mappine);
        (31)  1‑Pentyl‑3‑(1‑naphthoyl)indole
    Some trade or other names: JWH‑018;
        (32) 1‑Butyl‑3‑(1‑naphthoyl)indole
    Some trade or other names: JWH‑073.

(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

        (1) mecloqualone;
        (2) methaqualone; and
        (3) gamma hydroxybutyric acid.

(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central 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) and its
    salts, optical isomers, and salts of optical isomers;
        (4) Methcathinone (some other names:
    2‑methylamino‑1‑phenylpropan‑1‑one;
    Ephedrone; 2‑(methylamino)‑propiophenone;
    alpha‑(methylamino)propiophenone; N‑methylcathinone;
    methycathinone; Monomethylpropion; UR 1431) and its
    salts, optical isomers, and salts of optical isomers;
        (5) Cathinone (some trade or other names:
    2‑aminopropiophenone; alpha‑aminopropiophenone;
    2‑amino‑1‑phenyl‑propanone; norephedrone);
        (6) N,N‑dimethylamphetamine (also known 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‑2‑oxazolamine).

(g) Temporary listing of substances subject to emergency scheduling. Any material, compound, mixture, or preparation that contains any quantity of the following substances:

        (1) N‑[1‑benzyl‑4‑piperidyl]‑N‑phenylpropanamide
    (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 of isomers.

(Source: P.A. 95‑239, eff. 1‑1‑08; 95‑331, eff. 8‑21‑07; 96‑347, eff. 1‑1‑10; 96‑1285, eff. 1‑1‑11.)

    (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
    Sec. 205. The Department shall issue a rule scheduling a substance in Schedule II if it finds that:
    (1) the substance has high potential for abuse;

(2) the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

(3) the abuse of the substance may lead to severe psychological or physiological dependence.
(Source: P.A. 83‑969.)

    (720 ILCS 570/206)(from Ch. 56 1/2, par. 1206)
    Sec. 206. (a) The controlled substances listed in this Section are included in Schedule II.

(b) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(1) Opium and opiates, and any salt, compound,

derivative or preparation of opium or opiate, excluding apomorphine, dextrorphan, levopropoxyphene, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective salts, but including the following:

            (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, except drug products

that may be dispensed pursuant to a prescription order of a practitioner and are sold in compliance with the safety and labeling standards as set forth by the United States Food and Drug Administration, or drug products containing dextromethorphan that are sold in solid, tablet, liquid, capsule, powder, thin film, or gel form and which are formulated, packaged, and sold in dosages and concentrations for use as an over‑the‑counter drug product. For the purposes of this Section, "over‑the‑counter drug product" means a drug that is available to consumers without a prescription and sold in compliance with the safety and labeling standards as set forth by the United States Food and Drug Administration.

(2) Any salt, compound, isomer, derivative or

preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (1), but not including the isoquinoline alkaloids of opium;

(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, 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 chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers);

(5) Concentrate of poppy straw (the crude extract of

poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy).

(c) Unless specifically excepted or unless listed in another schedule any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan excepted:

        (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‑1‑butane;
        (16) Moramide‑Intermediate,
    2‑methyl‑3‑morpholino‑1,1‑diphenylpropane‑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‑carboxylic acid;
        (21) Phenazocine;
        (22) Piminodine;
        (23) Racemethorphan;
        (24) Racemorphan;
        (25) Levo‑alphacetylmethadol (some other names:

levo‑alpha‑acetylmethadol, levomethadyl acetate, LAAM).

(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, 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 unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

        (1) Amobarbital;
        (2) Secobarbital;
        (3) Pentobarbital;
        (4) Pentazocine;
        (5) Phencyclidine;
        (6) Gluthethimide;
        (7) (Blank).

(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:

(1) Immediate precursor to amphetamine and

methamphetamine:

            (i) Phenylacetone
        Some trade or other names: phenyl‑2‑propanone;
        P2P; benzyl methyl ketone; methyl benzyl ketone.
        (2) Immediate precursors to phencyclidine:
            (i) 1‑phenylcyclohexylamine;
            (ii) 1‑piperidinocyclohexanecarbonitrile (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 a rule scheduling a substance in Schedule III if it finds that:
    (1) the substance has a potential for abuse less than the substances listed in Schedule I and II;
    (2) the substance has currently accepted medical use in treatment in the United States; and
    (3) abuse of the substance may lead to moderate or low physiological dependence or high psychological dependence.
(Source: P.A. 83‑969.)

    (720 ILCS 570/208)(from Ch. 56 1/2, par. 1208)
    Sec. 208. (a) The controlled substances listed in this Section are included in Schedule III.

(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation;

(1) Those compounds, mixtures, or preparations in

dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under Title 21, Code of Federal Regulations, Section 308.32, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;

        (2) Benzphetamine;
        (3) Chlorphentermine;
        (4) Clortermine;
        (5) Phendimetrazine.

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Any compound, mixture, or preparation containing

amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;

(2) Any suppository dosage form containing

amobarbital, secobarbital, pentobarbital or any salt of any of these drugs and approved by the Federal Food and Drug Administration for marketing only as a suppository;

(3) Any substance which contains any quantity of a

derivative of barbituric acid, or any salt thereof:

        (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 a tiletamine‑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‑1,3,8‑trimethylpyrazolo‑
    [3,4‑e], [1,4]‑diazepin‑7(1H)‑one, and flupyrazapon.
        (11) Any material, compound, mixture or preparation

containing not more than 12.5 milligrams of pentazocine or any of its salts, per 325 milligrams of aspirin;

(12) Any material, compound, mixture or preparation

containing not more than 12.5 milligrams of pentazocine or any of its salts, per 325 milligrams of acetaminophen;

(13) Any material, compound, mixture or preparation

containing not more than 50 milligrams of pentazocine or any of its salts plus naloxone HCl USP 0.5 milligrams, per dosage unit;

        (14) Ketamine.
    (d) Nalorphine.

(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, as set forth below:

(1) not more than 1.8 grams of codeine per 100

milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(2) not more than 1.8 grams of codeine per 100

milliliters or not more than 90 milligrams per dosage unit, with one or more active non‑narcotic ingredients in recognized therapeutic amounts;

(3) not more than 300 milligrams of dihydrocodeinone

per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(4) not more than 300 milligrams of dihydrocodeinone

per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non‑narcotic ingredients in recognized therapeutic amounts;

(5) not more than 1.8 grams of dihydrocodeine per 100

milliliters or not more than 90 milligrams per dosage unit, with one or more active, non‑narcotic ingredients in recognized therapeutic amounts;

(6) not more than 300 milligrams of ethylmorphine per

100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non‑narcotic ingredients in recognized therapeutic amounts;

(7) not more than 500 milligrams of opium per 100

milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non‑narcotic ingredients in recognized therapeutic amounts;

(8) not more than 50 milligrams of morphine per 100

milliliters or per 100 grams with one or more active, non‑narcotic ingredients in recognized therapeutic amounts.

    (f) Anabolic steroids, except the following 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 Cyp 2;
        (15) Testosterone Cypionate‑Estradiol Cypionate

injection; and

(16) Testosterone Enanthate‑Estradiol Valerate

injection.

(g) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and

encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved product. Some other names for dronabinol: (6aR‑trans)‑6a,7,8,10a‑tetrahydro‑ 6,6,9‑trimethyl‑3‑pentyl‑6H‑dibenzo (b,d) pyran‑1‑ol) or (‑)‑delta‑9‑(trans)‑tetrahydrocannabinol .

(2) (Reserved).

(h) The Department may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (b) from the application of all or any part of this Act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

(Source: P.A. 96‑328, eff. 8‑11‑09; 96‑1000, eff. 7‑2‑10.)

    (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
    Sec. 209. The Department shall issue a rule scheduling a substance in Schedule IV if it finds that:
    (1) the substance has a low potential for abuse relative to substances in Schedule III;
    (2) the substance has currently accepted medical use in treatment in the United States; and

(3) abuse of the substance may lead to limited physiological dependence or psychological dependence relative to the substances in Schedule III.

(Source: P.A. 83‑969.)

    (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
    Sec. 210. (a) The controlled substances listed in this Section are included in Schedule IV.

(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, as set forth below:

(1) Not more than 1 milligram of difenoxin (DEA Drug

Code No. 9618) and not less than 25 micrograms of atropine sulfate per dosage unit.

(2) Dextropropoxyphene (Alpha‑(+)‑4‑dimethylamino‑1,

2‑diphenyl‑3‑methyl‑2‑propionoxybutane).

(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central 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, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), 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 unless listed in another schedule any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within 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 organometallic complexes and

chelates thereof);

        (5) Pipradrol;
        (6) SPA ((‑)‑1‑dimethylamino‑1, 2‑diphenylethane);
        (7) Modafinil;
        (8) Sibutramine.

(f) Other Substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substance, including its salts:

(1) Butorphanol (including its optical isomers).

(g) The Department may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) from the application of all or any part of this Act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

(h) Except as otherwise provided in Section 216, any material, compound, mixture, or preparation that contains any quantity of the following substance having a stimulant effect on the central nervous system, including its salts, enantiomers (optical isomers) and salts of enantiomers (optical isomers):

(1) Ephedrine, its salts, optical isomers and 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 a rule scheduling a substance in Schedule V if it finds that:
    (1) the substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
    (2) the substance has currently accepted medical use in treatment in the United States; and

(3) abuse of the substance may lead to limited physiological dependence or psychological dependence relative to the substances in Schedule IV, or the substance is a targeted methamphetamine precursor as defined in the Methamphetamine Precursor Control 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 substances listed in this section are included in Schedule V.

(b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid which also contains one or more non‑narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone as set forth below:

(1) not more than 200 milligrams of codeine, or any

of its salts, per 100 milliliters or per 100 grams;

(2) not more than 100 milligrams of dihydrocodeine;

or any of its salts, per 100 milliliters or per 100 grams;

(3) not more than 100 milligrams of ethylmorphine,

or any of its salts, per 100 milliliters or per 100 grams;

(4) not more than 2.5 milligrams of diphenoxylate

and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) not more than 100 milligrams of opium per 100

milliliters or per 100 grams;

(6) not more than 0.5 milligram of difenoxin (DEA

Drug Code No. 9618) and not less than 25 micrograms of atropine sulfate per dosage unit.

    (c) Buprenorphine.
    (d) Pyrovalerone.
    (d‑5) Any targeted methamphetamine precursor as defined in the Methamphetamine Precursor Control Act.

(e) Any compound, mixture or preparation which contains any quantity of any controlled substance when such compound, mixture or preparation is not otherwise controlled in Schedules I, II, III or IV.

(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 and republish the Schedules semi‑annually for two years from the effective date of this Act, and thereafter annually. If the Department fails to republish the Schedules, the last published Schedules shall remain in full force 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 anabolic steroid, that are expressly intended for administration through implants to cattle or other nonhuman species and that have been approved by the Secretary of Health and Human Services for that administration, and that are excluded from all schedules under Section 102(41)(B)(1) of the federal Controlled Substances Act (21 U.S.C. 802(41)(B)(1)) are also excluded from Sections 207 and 208 of this Act.

(b) The non‑narcotic substances excluded from all schedules of the Federal Controlled Substances Act (21 U.S.C. 801 et seq.) pursuant to Section 1308.22 of the Code of Federal 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.

The compounds in the form excepted from application of certain specified sections of the Federal Controlled Substances Act (21 U.S.C. 801 et seq.), the Federal Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) and the Code of Federal Regulations, pursuant to Section 1308.32 of the Code of Federal Regulations (21 C.F.R. 1308.32) are excepted from the application of Sections 312 and 313 of this Act.

(Source: P.A. 80‑472.)

    (720 ILCS 570/216)
    Sec. 216. Ephedrine.

(a) The following drug products containing ephedrine, its salts, optical isomers and salts of optical isomers shall be exempt from the application of Sections 312 and 313 of this Act if they: (i) may lawfully be sold over‑the‑counter without a prescription under the Federal Food, Drug, and Cosmetic Act; (ii) are labeled and marketed in a manner consistent with Section 341.76 of Title 21 of the Code of Federal Regulations; (iii) are manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse; and (iv) are not marketed, advertised, or labeled for the indications of stimulation, mental alertness, weight loss, muscle enhancement, appetite control, or energy:

(1) Solid oral dosage forms, including soft gelatin

caplets, which are formulated pursuant to 21 CFR 341 or its successor, and packaged in blister packs of not more than 2 tablets per blister.

(2) Anorectal preparations containing not more than

5% ephedrine.

(b) The marketing, advertising, or labeling of any product containing ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine, for the indications of stimulation, mental alertness, weight loss, appetite control, or energy, is prohibited. In determining compliance with this requirement the Department may consider the following factors:

        (1) The packaging of the drug product;
        (2) The name and labeling of the product;
        (3) The manner of distribution, advertising, and

promotion of the product;

(4) Verbal representations made concerning the

product;

(5) The duration, scope, and significance of abuse

or misuse of the particular product.

(c) A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 4 felony.

(d) This Section does not apply to dietary supplements, herbs, or other natural products, including concentrates or extracts, which:

(1) are not otherwise prohibited by law; and
(2) may contain naturally occurring ephedrine,

ephedrine alkaloids, or pseudoephedrine, or their salts, isomers, or salts of isomers, or a combination of these substances, that:

(i) are contained in a matrix of organic

material; and

(ii) do not exceed 15% of the total weight of

the natural product.

(e) Nothing in this Section limits the scope or terms of the Methamphetamine Precursor Control Act.
(Source: P.A. 94‑694, eff. 1‑15‑06.)

(720 ILCS 570/217)
Sec. 217. Exempt anabolic steroid products.

Compounds, mixtures, or preparations that contain an anabolic steroid that have been exempted by the Administrator of the federal Drug Enforcement Administration from application of Sections 302 through 309 and Sections 1002 through 1004 of the federal Controlled Substances Act (21 U.S.C. 822 through 829 and 952 through 954) and 21 CFR 1301.13, 1301.22, and 1301.71 through 1301.76 are also exempt from Sections 207 and 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 of this Act is a Class 4 felony. The sale, delivery, distribution, or possession with intent to sell, deliver, or distribute a drug product containing dextromethorphan in violation 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 containing ephedrine or anabolic steroid precursors.

(a) It is a Class A misdemeanor for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish any of the following to a person under 18 years of age:

(1) a dietary supplement containing an ephedrine

group alkaloid; or

(2) a dietary supplement containing any of the

following:

            (A) Androstanediol;
            (B) Androstanedione;
            (C) Androstenedione;
            (D) Norandrostenediol;
            (E) Norandrostenedione; or
            (F) Dehydroepiandrosterone.
    (b) A seller shall request valid identification from any

individual who attempts to purchase a dietary supplement set forth in subsection (a) if that individual reasonably appears to the seller to be under 18 years of age.

(Source: P.A. 94‑339, eff. 7‑26‑05; 95‑331, eff. 8‑21‑07.)

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2010 Illinois Code CHAPTER 720 CRIMINAL OFFENSES 720 ILCS 570/ Illinois Controlled Substances Act. Article II

2010 Illinois Code
CHAPTER 720 CRIMINAL OFFENSES
720 ILCS 570/ Illinois Controlled Substances Act.
Article II