Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB3203 Introduced / Bill

Filed 02/16/2023

                    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

 

 



 

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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;

 

 

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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

 

 

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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.)

 

 

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