103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3203 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 Amends the Overdose Prevention and Harm Reduction Act. Provides that a pharmacist may sell fentanyl test strips over-the-counter to the public to test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Provides that a county health department may distribute fentanyl test strips at the county health department facility for no fee. Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. LRB103 29413 CPF 55804 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3203 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 Amends the Overdose Prevention and Harm Reduction Act. Provides that a pharmacist may sell fentanyl test strips over-the-counter to the public to test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Provides that a county health department may distribute fentanyl test strips at the county health department facility for no fee. Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. LRB103 29413 CPF 55804 b LRB103 29413 CPF 55804 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3203 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 Amends the Overdose Prevention and Harm Reduction Act. Provides that a pharmacist may sell fentanyl test strips over-the-counter to the public to test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Provides that a county health department may distribute fentanyl test strips at the county health department facility for no fee. Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. LRB103 29413 CPF 55804 b LRB103 29413 CPF 55804 b LRB103 29413 CPF 55804 b A BILL FOR HB3203LRB103 29413 CPF 55804 b HB3203 LRB103 29413 CPF 55804 b HB3203 LRB103 29413 CPF 55804 b 1 AN ACT concerning health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Overdose Prevention and Harm Reduction Act 5 is amended by adding Section 15 as follows: 6 (410 ILCS 710/15 new) 7 Sec. 15. Fentanyl test strips. To further promote harm 8 reduction efforts, a pharmacist may sell fentanyl test strips 9 over-the-counter to the public to test for the presence of 10 fentanyl, a fentanyl analog, or a drug adulterant within a 11 controlled substance. A county health department may 12 distribute fentanyl test strips at the county health 13 department facility for no fee. 14 Section 10. The Drug Paraphernalia Control Act is amended 15 by changing Section 2 as follows: 16 (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102) 17 Sec. 2. As used in this Act, unless the context otherwise 18 requires: 19 (a) The term "cannabis" shall have the meaning ascribed to 20 it in Section 3 of the Cannabis Control Act, as if that 21 definition were incorporated herein. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3203 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 Amends the Overdose Prevention and Harm Reduction Act. Provides that a pharmacist may sell fentanyl test strips over-the-counter to the public to test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Provides that a county health department may distribute fentanyl test strips at the county health department facility for no fee. Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. LRB103 29413 CPF 55804 b LRB103 29413 CPF 55804 b LRB103 29413 CPF 55804 b A BILL FOR 410 ILCS 710/15 new 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 LRB103 29413 CPF 55804 b HB3203 LRB103 29413 CPF 55804 b HB3203- 2 -LRB103 29413 CPF 55804 b HB3203 - 2 - LRB103 29413 CPF 55804 b HB3203 - 2 - LRB103 29413 CPF 55804 b 1 (b) The term "controlled substance" shall have the meaning 2 ascribed to it in Section 102 of the Illinois Controlled 3 Substances Act, as if that definition were incorporated 4 herein. 5 (c) "Deliver" or "delivery" means the actual, constructive 6 or attempted transfer of possession, with or without 7 consideration, whether or not there is an agency relationship. 8 (d) "Drug paraphernalia" means all equipment, products and 9 materials of any kind, other than methamphetamine 10 manufacturing materials as defined in Section 10 of the 11 Methamphetamine Control and Community Protection Act and 12 cannabis paraphernalia as defined in Section 1-10 of the 13 Cannabis Regulation and Tax Act, which are intended to be used 14 unlawfully in planting, propagating, cultivating, growing, 15 harvesting, manufacturing, compounding, converting, 16 producing, processing, preparing, testing, analyzing, 17 packaging, repackaging, storing, containing, concealing, 18 injecting, ingesting, inhaling or otherwise introducing into 19 the human body a controlled substance in violation of the 20 Illinois Controlled Substances Act or the Methamphetamine 21 Control and Community Protection Act or a synthetic drug 22 product or misbranded drug in violation of the Illinois Food, 23 Drug and Cosmetic Act. It includes, but is not limited to: 24 (1) kits intended to be used unlawfully in 25 manufacturing, compounding, converting, producing, 26 processing or preparing a controlled substance; HB3203 - 2 - LRB103 29413 CPF 55804 b HB3203- 3 -LRB103 29413 CPF 55804 b HB3203 - 3 - LRB103 29413 CPF 55804 b HB3203 - 3 - LRB103 29413 CPF 55804 b 1 (2) isomerization devices intended to be used 2 unlawfully in increasing the potency of any species of 3 plant which is a controlled substance; 4 (3) testing equipment intended to be used unlawfully 5 in a private home for identifying or in analyzing the 6 strength, effectiveness or purity of controlled 7 substances; 8 (4) diluents and adulterants intended to be used 9 unlawfully for cutting a controlled substance by private 10 persons; 11 (5) objects intended to be used unlawfully in 12 ingesting, inhaling, or otherwise introducing cocaine or a 13 synthetic drug product or misbranded drug in violation of 14 the Illinois Food, Drug and Cosmetic Act into the human 15 body including, where applicable, the following items: 16 (A) water pipes; 17 (B) carburetion tubes and devices; 18 (C) smoking and carburetion masks; 19 (D) miniature cocaine spoons and cocaine vials; 20 (E) carburetor pipes; 21 (F) electric pipes; 22 (G) air-driven pipes; 23 (H) chillums; 24 (I) bongs; 25 (J) ice pipes or chillers; 26 (6) any item whose purpose, as announced or described HB3203 - 3 - LRB103 29413 CPF 55804 b HB3203- 4 -LRB103 29413 CPF 55804 b HB3203 - 4 - LRB103 29413 CPF 55804 b HB3203 - 4 - LRB103 29413 CPF 55804 b 1 by the seller, is for use in violation of this Act. 2 "Drug paraphernalia" does not include equipment, products, 3 or materials to analyze or test for the presence of fentanyl, a 4 fentanyl analogue, or a drug adulterant within a controlled 5 substance. 6 (Source: P.A. 101-593, eff. 12-4-19.) HB3203 - 4 - LRB103 29413 CPF 55804 b