Illinois 2023-2024 Regular Session

Illinois House Bill HB3203 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0336
2	1		HB3203 EnrolledLRB103 29413 CPF 55804 b HB3203 Enrolled LRB103 29413 CPF 55804 b
3	2		HB3203 Enrolled LRB103 29413 CPF 55804 b
4		-	AN ACT concerning health.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Overdose Prevention and Harm Reduction Act
8		-	is amended by adding Section 15 as follows:
9		-	(410 ILCS 710/15 new)
10		-	Sec. 15. Fentanyl test strips. To further promote harm
11		-	reduction efforts, a pharmacist or retailer may sell fentanyl
12		-	test strips over-the-counter to the public to test for the
13		-	presence of fentanyl, a fentanyl analog, or a drug adulterant
14		-	within a controlled substance. A county health department may
15		-	distribute fentanyl test strips at the county health
16		-	department facility for no fee.
17		-	Section 10. The Drug Paraphernalia Control Act is amended
18		-	by changing Section 2 as follows:
19		-	(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
20		-	Sec. 2. As used in this Act, unless the context otherwise
21		-	requires:
22		-	(a) The term "cannabis" shall have the meaning ascribed to
23		-	it in Section 3 of the Cannabis Control Act, as if that
24		-	definition were incorporated herein.
	3	+	1 AN ACT concerning health.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Overdose Prevention and Harm Reduction Act
	7	+	5 is amended by adding Section 15 as follows:
	8	+	6 (410 ILCS 710/15 new)
	9	+	7 Sec. 15. Fentanyl test strips. To further promote harm
	10	+	8 reduction efforts, a pharmacist or retailer may sell fentanyl
	11	+	9 test strips over-the-counter to the public to test for the
	12	+	10 presence of fentanyl, a fentanyl analog, or a drug adulterant
	13	+	11 within a controlled substance. A county health department may
	14	+	12 distribute fentanyl test strips at the county health
	15	+	13 department facility for no fee.
	16	+	14 Section 10. The Drug Paraphernalia Control Act is amended
	17	+	15 by changing Section 2 as follows:
	18	+	16 (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
	19	+	17 Sec. 2. As used in this Act, unless the context otherwise
	20	+	18 requires:
	21	+	19 (a) The term "cannabis" shall have the meaning ascribed to
	22	+	20 it in Section 3 of the Cannabis Control Act, as if that
	23	+	21 definition were incorporated herein.
25	24
26	25
27	26
28	27		HB3203 Enrolled LRB103 29413 CPF 55804 b
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31		-	(b) The term "controlled substance" shall have the meaning
32		-	ascribed to it in Section 102 of the Illinois Controlled
33		-	Substances Act, as if that definition were incorporated
34		-	herein.
35		-	(c) "Deliver" or "delivery" means the actual, constructive
36		-	or attempted transfer of possession, with or without
37		-	consideration, whether or not there is an agency relationship.
38		-	(d) "Drug paraphernalia" means all equipment, products and
39		-	materials of any kind, other than methamphetamine
40		-	manufacturing materials as defined in Section 10 of the
41		-	Methamphetamine Control and Community Protection Act and
42		-	cannabis paraphernalia as defined in Section 1-10 of the
43		-	Cannabis Regulation and Tax Act, which are intended to be used
44		-	unlawfully in planting, propagating, cultivating, growing,
45		-	harvesting, manufacturing, compounding, converting,
46		-	producing, processing, preparing, testing, analyzing,
47		-	packaging, repackaging, storing, containing, concealing,
48		-	injecting, ingesting, inhaling or otherwise introducing into
49		-	the human body a controlled substance in violation of the
50		-	Illinois Controlled Substances Act or the Methamphetamine
51		-	Control and Community Protection Act or a synthetic drug
52		-	product or misbranded drug in violation of the Illinois Food,
53		-	Drug and Cosmetic Act. It includes, but is not limited to:
54		-	(1) kits intended to be used unlawfully in
55		-	manufacturing, compounding, converting, producing,
56		-	processing or preparing a controlled substance;
	30	+	HB3203 Enrolled- 2 -LRB103 29413 CPF 55804 b HB3203 Enrolled - 2 - LRB103 29413 CPF 55804 b
	31	+	HB3203 Enrolled - 2 - LRB103 29413 CPF 55804 b
	32	+	1 (b) The term "controlled substance" shall have the meaning
	33	+	2 ascribed to it in Section 102 of the Illinois Controlled
	34	+	3 Substances Act, as if that definition were incorporated
	35	+	4 herein.
	36	+	5 (c) "Deliver" or "delivery" means the actual, constructive
	37	+	6 or attempted transfer of possession, with or without
	38	+	7 consideration, whether or not there is an agency relationship.
	39	+	8 (d) "Drug paraphernalia" means all equipment, products and
	40	+	9 materials of any kind, other than methamphetamine
	41	+	10 manufacturing materials as defined in Section 10 of the
	42	+	11 Methamphetamine Control and Community Protection Act and
	43	+	12 cannabis paraphernalia as defined in Section 1-10 of the
	44	+	13 Cannabis Regulation and Tax Act, which are intended to be used
	45	+	14 unlawfully in planting, propagating, cultivating, growing,
	46	+	15 harvesting, manufacturing, compounding, converting,
	47	+	16 producing, processing, preparing, testing, analyzing,
	48	+	17 packaging, repackaging, storing, containing, concealing,
	49	+	18 injecting, ingesting, inhaling or otherwise introducing into
	50	+	19 the human body a controlled substance in violation of the
	51	+	20 Illinois Controlled Substances Act or the Methamphetamine
	52	+	21 Control and Community Protection Act or a synthetic drug
	53	+	22 product or misbranded drug in violation of the Illinois Food,
	54	+	23 Drug and Cosmetic Act. It includes, but is not limited to:
	55	+	24 (1) kits intended to be used unlawfully in
	56	+	25 manufacturing, compounding, converting, producing,
	57	+	26 processing or preparing a controlled substance;
57	58
58	59
59		-	(2) isomerization devices intended to be used
60		-	unlawfully in increasing the potency of any species of
61		-	plant which is a controlled substance;
62		-	(3) testing equipment intended to be used unlawfully
63		-	in a private home for identifying or in analyzing the
64		-	strength, effectiveness or purity of controlled
65		-	substances;
66		-	(4) diluents and adulterants intended to be used
67		-	unlawfully for cutting a controlled substance by private
68		-	persons;
69		-	(5) objects intended to be used unlawfully in
70		-	ingesting, inhaling, or otherwise introducing cocaine or a
71		-	synthetic drug product or misbranded drug in violation of
72		-	the Illinois Food, Drug and Cosmetic Act into the human
73		-	body including, where applicable, the following items:
74		-	(A) water pipes;
75		-	(B) carburetion tubes and devices;
76		-	(C) smoking and carburetion masks;
77		-	(D) miniature cocaine spoons and cocaine vials;
78		-	(E) carburetor pipes;
79		-	(F) electric pipes;
80		-	(G) air-driven pipes;
81		-	(H) chillums;
82		-	(I) bongs;
83		-	(J) ice pipes or chillers;
84		-	(6) any item whose purpose, as announced or described
85	60
86	61
87		-	by the seller, is for use in violation of this Act.
88		-	"Drug paraphernalia" does not include equipment, products,
89		-	or materials to analyze or test for the presence of fentanyl, a
90		-	fentanyl analogue, or a drug adulterant within a controlled
91		-	substance.
92		-	(Source: P.A. 101-593, eff. 12-4-19.)
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	68	+	1 (2) isomerization devices intended to be used
	69	+	2 unlawfully in increasing the potency of any species of
	70	+	3 plant which is a controlled substance;
	71	+	4 (3) testing equipment intended to be used unlawfully
	72	+	5 in a private home for identifying or in analyzing the
	73	+	6 strength, effectiveness or purity of controlled
	74	+	7 substances;
	75	+	8 (4) diluents and adulterants intended to be used
	76	+	9 unlawfully for cutting a controlled substance by private
	77	+	10 persons;
	78	+	11 (5) objects intended to be used unlawfully in
	79	+	12 ingesting, inhaling, or otherwise introducing cocaine or a
	80	+	13 synthetic drug product or misbranded drug in violation of
	81	+	14 the Illinois Food, Drug and Cosmetic Act into the human
	82	+	15 body including, where applicable, the following items:
	83	+	16 (A) water pipes;
	84	+	17 (B) carburetion tubes and devices;
	85	+	18 (C) smoking and carburetion masks;
	86	+	19 (D) miniature cocaine spoons and cocaine vials;
	87	+	20 (E) carburetor pipes;
	88	+	21 (F) electric pipes;
	89	+	22 (G) air-driven pipes;
	90	+	23 (H) chillums;
	91	+	24 (I) bongs;
	92	+	25 (J) ice pipes or chillers;
	93	+	26 (6) any item whose purpose, as announced or described
	94	+
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	99	+	HB3203 Enrolled - 3 - LRB103 29413 CPF 55804 b
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	102	+	HB3203 Enrolled- 4 -LRB103 29413 CPF 55804 b HB3203 Enrolled - 4 - LRB103 29413 CPF 55804 b
	103	+	HB3203 Enrolled - 4 - LRB103 29413 CPF 55804 b
	104	+	1 by the seller, is for use in violation of this Act.
	105	+	2 "Drug paraphernalia" does not include equipment, products,
	106	+	3 or materials to analyze or test for the presence of fentanyl, a
	107	+	4 fentanyl analogue, or a drug adulterant within a controlled
	108	+	5 substance.
	109	+	6 (Source: P.A. 101-593, eff. 12-4-19.)
	110	+
	111	+
	112	+
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	115	+	HB3203 Enrolled - 4 - LRB103 29413 CPF 55804 b