Public Act 103-0336
HB3203 EnrolledLRB103 29413 CPF 55804 b HB3203 Enrolled LRB103 29413 CPF 55804 b
HB3203 Enrolled LRB103 29413 CPF 55804 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Overdose Prevention and Harm Reduction Act
is amended by adding Section 15 as follows:
(410 ILCS 710/15 new)
Sec. 15. Fentanyl test strips. To further promote harm
reduction efforts, a pharmacist or retailer may sell fentanyl
test strips over-the-counter to the public to test for the
presence of fentanyl, a fentanyl analog, or a drug adulterant
within a controlled substance. A county health department may
distribute fentanyl test strips at the county health
department facility for no fee.
Section 10. The Drug Paraphernalia Control Act is amended
by changing Section 2 as follows:
(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
Sec. 2. As used in this Act, unless the context otherwise
requires:
(a) The term "cannabis" shall have the meaning ascribed to
it in Section 3 of the Cannabis Control Act, as if that
definition were incorporated herein.
HB3203 Enrolled LRB103 29413 CPF 55804 b
(b) The term "controlled substance" shall have the meaning
ascribed to it in Section 102 of the Illinois Controlled
Substances Act, as if that definition were incorporated
herein.
(c) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession, with or without
consideration, whether or not there is an agency relationship.
(d) "Drug paraphernalia" means all equipment, products and
materials of any kind, other than methamphetamine
manufacturing materials as defined in Section 10 of the
Methamphetamine Control and Community Protection Act and
cannabis paraphernalia as defined in Section 1-10 of the
Cannabis Regulation and Tax Act, which are intended to be used
unlawfully in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into
the human body a controlled substance in violation of the
Illinois Controlled Substances Act or the Methamphetamine
Control and Community Protection Act or a synthetic drug
product or misbranded drug in violation of the Illinois Food,
Drug and Cosmetic Act. It includes, but is not limited to:
(1) kits intended to be used unlawfully in
manufacturing, compounding, converting, producing,
processing or preparing a controlled substance;
(2) isomerization devices intended to be used
unlawfully in increasing the potency of any species of
plant which is a controlled substance;
(3) testing equipment intended to be used unlawfully
in a private home for identifying or in analyzing the
strength, effectiveness or purity of controlled
substances;
(4) diluents and adulterants intended to be used
unlawfully for cutting a controlled substance by private
persons;
(5) objects intended to be used unlawfully in
ingesting, inhaling, or otherwise introducing cocaine or a
synthetic drug product or misbranded drug in violation of
the Illinois Food, Drug and Cosmetic Act into the human
body including, where applicable, the following items:
(A) water pipes;
(B) carburetion tubes and devices;
(C) smoking and carburetion masks;
(D) miniature cocaine spoons and cocaine vials;
(E) carburetor pipes;
(F) electric pipes;
(G) air-driven pipes;
(H) chillums;
(I) bongs;
(J) ice pipes or chillers;
(6) any item whose purpose, as announced or described
by the seller, is for use in violation of this Act.
"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.
(Source: P.A. 101-593, eff. 12-4-19.)