Illinois Senate Bill SB3695 Latest Draft

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3695 Introduced 2/9/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: See Index Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforcement of the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking, taxes, fees, zoning, labeling, and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Changes the dates by which specified records for minor cannabis offenses shall be automatically expunged. Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Amends the Freedom of Information Act to exempt specific records from disclosure. Effective immediately. LRB103 39207 CES 69355 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3695 Introduced 2/9/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:  See Index See Index  Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforcement of the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking, taxes, fees, zoning, labeling, and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Changes the dates by which specified records for minor cannabis offenses shall be automatically expunged. Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Amends the Freedom of Information Act to exempt specific records from disclosure. Effective immediately.  LRB103 39207 CES 69355 b     LRB103 39207 CES 69355 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3695 Introduced 2/9/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforcement of the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking, taxes, fees, zoning, labeling, and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Changes the dates by which specified records for minor cannabis offenses shall be automatically expunged. Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Amends the Freedom of Information Act to exempt specific records from disclosure. Effective immediately.
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A BILL FOR
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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 1. Short title. This Act may be cited as the
5  Compassionate Use and Research of Entheogens Act.
6  Section 5. Findings. The General Assembly finds that:
7  (1) The War on Drugs has given rise to significant
8  financial and social costs, and the policies behind the
9  War on Drugs reflect neither a modern understanding of
10  substance use nor the actual risks or potential
11  therapeutic benefits of the substances that have been
12  criminalized.
13  (2) Moreover, criminalization has not deterred drug
14  use. Instead, it has made drug use less safe and has
15  created an unregulated, underground market in which
16  dosages are difficult to verify and dangerous adulterants,
17  such as fentanyl, are common.
18  (3) Lack of honest drug education has laid the
19  groundwork for decades of misinformation, stigma, and
20  cultural appropriation, which have all contributed to
21  increasing the dangers of drug use.
22  (4) Harm reduction tools, including drug-checking
23  kits, scales, and capsules, allow users to make safe and

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3695 Introduced 2/9/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforcement of the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking, taxes, fees, zoning, labeling, and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Changes the dates by which specified records for minor cannabis offenses shall be automatically expunged. Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Amends the Freedom of Information Act to exempt specific records from disclosure. Effective immediately.
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A BILL FOR

 

 

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1  more accurate, evidence-based decisions about their
2  personal use of these substances, and allowing the use of
3  such tools can increase public health and safety.
4  (5) Research is advancing to support the use of
5  psychedelic compounds, along with psychotherapy, to treat
6  mental health disorders, such as anxiety, depression,
7  post-traumatic stress disorder, and substance use
8  disorder.
9  (6) Voters of the city and county of Denver, Colorado
10  approved Ordinance 301 in May of 2019, making the personal
11  possession and use of the natural medicine psilocybin by
12  adults the lowest level of law enforcement priority in
13  Denver and to prohibit the city and county from spending
14  resources enforcing related penalties.
15  (7) Measures 109 and 110 in Oregon, which both passed
16  in November 2020, established a regulated psilocybin
17  therapy system in Oregon to provide people therapeutic
18  access to psilocybin and decriminalized the personal
19  possession of all drugs.
20  (8) Almost 20 countries around the world, including
21  Portugal, the Czech Republic, and Spain, have expressly or
22  effectively decriminalized the personal use of all
23  substances.
24  (9) The City of Oakland, California, and the City of
25  Santa Cruz, California have passed resolutions
26  decriminalizing or deprioritizing the enforcement of laws

 

 

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1  regulating the possession, use, and propagation of
2  psychedelic plants and fungi. Since June 2019, the
3  following cities have also decriminalized the possession,
4  use, and propagation of psychedelic plants and fungi at
5  the local level: Ann Arbor, Michigan; Somerville,
6  Massachusetts; and Cambridge, Massachusetts. In 2020,
7  Washington, D.C., passed Initiative 81 to decriminalize
8  and deprioritize the enforcement of laws regulating the
9  possession and use of psychedelic plants and fungi with
10  76% voter approval.
11  (10) The State of Colorado passed Proposition 122 in
12  November of 2022, decriminalizing the possession of
13  psychedelic plants and fungi and eventually allowing
14  state-licensed treatment centers to administer the
15  compounds of psychedelic plants and fungi under the
16  supervision of trained staff.
17  (11) To transition away from criminalization models
18  while protecting people who use or may use drugs and
19  reduce negative environmental or cultural impacts, it is
20  necessary to review the full legal context in which these
21  changes to the law are made. It is also necessary to
22  incorporate evidence-based policy, consult with experts,
23  and maintain open discourse based in harm reduction,
24  reciprocity, and human rights during the process of
25  developing alternative regulatory systems.
26  (12) Criminalizing psychedelic plants and fungi has

 

 

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1  denied people access to accurate education and harm
2  reduction information related to the use of psychedelic
3  compounds and limited the development of appropriate
4  training for first responders and multi-responders,
5  including law enforcement, emergency medical services, and
6  fire services.
7  (13) Illinoisans deserve more tools to address mental
8  health issues, including approaches using psychedelic
9  plants and fungi that are grounded in treatment, recovery,
10  cultural competency, and wellness rather than
11  criminalization, suffering, and punishment.
12  (14) This Act will allow for the noncommercial,
13  personal use and sharing of specified controlled
14  substances, including for the purpose of group counseling,
15  community-based healing, or other related services.
16  (15) These changes in law will not displace any
17  restrictions on driving or operating a vehicle while
18  impaired, an employer's ability to restrict the use of
19  controlled substances by its employees, or the legal
20  standard for negligence.
21  (16) Peyote is specifically excluded from the list of
22  substances to be decriminalized, including any
23  cultivation, harvest, extraction, tincture, or other
24  product manufactured or derived from it, because of the
25  nearly endangered status of the peyote plant and the
26  special significance peyote holds in Native American

 

 

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1  spirituality. Furthermore, this Act does not amend or
2  repeal paragraph (12) of subsection (d) of Section 204 of
3  the Illinois Controlled Substances Act, which identifies
4  peyote and its derivatives as a Schedule I drug.
5  (17) The State of Illinois fully respects and supports
6  the continued Native American possession and use of peyote
7  under federal law, 42 U.S.C. 1996a, understanding that
8  Native Americans in the United States were persecuted and
9  prosecuted for their ceremonial practices, including the
10  use of peyote, for more than a century, and had to fight
11  numerous legal and political battles to achieve the
12  current protected status. The enactment of this
13  legislation does not intend to explicitly or implicitly
14  undermine that status.
15  (18) Research conducted by domestic and international
16  medical institutions indicates that psilocybin is
17  efficacious and safe for the treatment of a variety of
18  mental health conditions, including, but not limited to,
19  addiction, depression, anxiety disorders, headache
20  disorders, and end-of-life psychological distress.
21  (19) The United States Food and Drug Administration
22  has:
23  (A) determined that preliminary clinical evidence
24  indicates that psilocybin may demonstrate substantial
25  improvement over available therapies for
26  treatment-resistant depression; and

 

 

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1  (B) granted a "Breakthrough Therapy" designation
2  for a treatment that uses psilocybin as a therapy for
3  such depression.
4  (20) During the program development period, the
5  Department of Public Health, Department of Agriculture,
6  Department of Financial and Professional Regulation,
7  Illinois State Police, and Department of Revenue shall:
8  (A) examine, publish, and distribute to the public
9  available medical, psychological, and scientific
10  studies, research, and other information relating to
11  the safety and efficacy of psilocybin in treating
12  mental health conditions; and
13  (B) adopt rules and regulations for the eventual
14  implementation of a comprehensive regulatory framework
15  that will allow persons 18 years of age and older in
16  this State to be provided psilocybin services.
17  (21) An advisory board shall be established for the
18  purpose of advising and making recommendations for program
19  development.
20  Section 10. Purposes.
21  (a) The purpose of this Act is to establish a new,
22  compassionate, and effective approach to entheogens by:
23  (1) adopting a public health and harm reduction
24  approach to natural medicines by removing criminal
25  penalties for the possession of some entheogens for

 

 

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1  personal use by adults who are 18 years of age or older;
2  (2) developing and promoting public education related
3  to the use of entheogens and appropriate training for
4  first responders;
5  (3) reducing the prevalence of behavioral health
6  disorders among adults in this State to improve the
7  physical, mental, and social well-being of all people in
8  this State;
9  (4) promoting health and healing by reducing focus on
10  criminal punishments for persons who suffer from mental
11  health issues by establishing regulated access to natural
12  medicines through a humane, cost-effective, and
13  responsible approach;
14  (5) developing a long-term strategic plan for ensuring
15  that psilocybin services will become and remain a safe,
16  accessible, and affordable option for all persons 18 years
17  of age and older in this State for whom psilocybin may be
18  appropriate;
19  (6) protecting the safety, welfare, health, and peace
20  of the people of this State by prioritizing this State's
21  limited law enforcement resources in the most effective,
22  consistent, and rational way; and
23  (7) after the program development period:
24  (A) permitting persons licensed, controlled, and
25  regulated by this State to legally manufacture
26  psilocybin products and provide psilocybin services to

 

 

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1  persons 18 years of age and older, subject to the
2  provisions of this Act;
3  (B) establishing a comprehensive regulatory
4  framework concerning psilocybin products and
5  psilocybin services under State law; and
6  (C) preparing proposed rules for the addition of
7  botanical forms of dimethyltryptamine, ibogaine
8  (except ibogaine from iboga), and mescaline (except
9  mescaline from peyote) to substances regulated under
10  this Act on or before June 1, 2027.
11  (b) The People of the State of Illinois intend that the
12  provisions of this Act, together with other provisions of
13  State law, will prevent:
14  (1) the distribution of psilocybin products to other
15  persons who are not permitted to possess psilocybin
16  products under the provisions of this Act and rules
17  adopted under this Act, including, but not limited to,
18  persons under 18 years of age; and
19  (2) the diversion of psilocybin products from this
20  State to other states.
21  Section 15. Construction. This Act may not be construed
22  to:
23  (1) Require a government medical assistance program or
24  private health insurer to reimburse a person for costs
25  associated with the use of psilocybin products.

 

 

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1  (2) Amend or affect State or federal law pertaining to
2  employment matters.
3  (3) Amend or affect State or federal law pertaining to
4  landlord-tenant matters.
5  (4) Prohibit a recipient of a federal grant or an
6  applicant for a federal grant from prohibiting the
7  manufacture, delivery, possession, or use of psilocybin
8  products to the extent necessary to satisfy federal
9  requirements for the grant.
10  (5) Prohibit a party to a federal contract or a person
11  applying to be a party to a federal contract from prohibiting
12  the manufacture, delivery, possession, or use of psilocybin
13  products to the extent necessary to comply with the terms and
14  conditions of the contract or to satisfy federal requirements
15  for the contract.
16  (6) Require a person to violate a federal law.
17  (7) Exempt a person from a federal law or obstruct the
18  enforcement of a federal law.
19  (8) Amend or affect State law to the extent that a person
20  does not manufacture, deliver, or possess psilocybin products
21  in accordance with the provisions of this Act and rules
22  adopted under this Act.
23  Section 20. Definitions. In this Act:
24  "Administration session" means a session held under the
25  supervision of a facilitator at which a client consumes and

 

 

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1  experiences the effects of a psilocybin product under the
2  supervision of a facilitator.
3  "Advisory Board" or "Board" means the Illinois Psilocybin
4  Advisory Board established under Section 25.
5  "Client" means an individual who consumes a psilocybin
6  product in an administration session in this State.
7  "Entheogen" means the following substances in any form,
8  regardless of whether the substance is regulated under the
9  federal Controlled Substances Act or the Illinois Controlled
10  Substances Act:
11  (1) Dimethyltryptamine;
12  (2) Ibogaine, except ibogaine from iboga;
13  (3) Mescaline, except mescaline from peyote;
14  (4) Psilocybin; and
15  (5) Psilocin.
16  "Facilitator" means an individual who facilitates the
17  provision of a psilocybin service in this State.
18  "Integration session" means a meeting between a client and
19  a facilitator that may occur after the client completes an
20  administration session.
21  "Legal entity" means a corporation, limited liability
22  company, limited partnership, or other legal entity that is
23  registered with the office of the Secretary of State or with a
24  comparable office of another jurisdiction.
25  "Licensee" means a person who holds a license issued under
26  Section 80, 95, 105, or 275.

 

 

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1  "Licensee representative" means an owner, director,
2  officer, manager, employee, agent, or other representative of
3  a licensee, to the extent that the person acts in a
4  representative capacity.
5  "Manufacture" means the manufacture, planting,
6  cultivation, growing, harvesting, production, preparation,
7  propagation, compounding, conversion, or processing of a
8  psilocybin product, directly or indirectly, by extraction from
9  substances of natural origin, independently by means of
10  chemical synthesis or by a combination of extraction and
11  chemical synthesis. "Manufacture" includes any packaging or
12  repackaging of the psilocybin product or labeling or
13  relabeling of its container.
14  "Premises" includes the following areas of a location
15  licensed under this Act:
16  (1) All public and private enclosed areas at the
17  location that are used in the business operated at the
18  location, including offices, kitchens, restrooms, and
19  storerooms.
20  (2) All areas outside of a building that the
21  Department has specifically licensed for the manufacturing
22  of psilocybin products or the operation of a service
23  center.
24  (3) For a location that the Department has
25  specifically licensed for the operation of a service
26  center outside of a building, that portion of the location

 

 

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1  used to operate the service center and provide a
2  psilocybin service to a client.
3  "Premises" does not include a primary residence, unless a
4  primary residence is necessary for the provision of a
5  psilocybin service to a recipient who is a hospice patient or
6  who is unable to travel to a service center due to a chronic,
7  life-threatening illness.
8  "Preparation session" means a meeting between a client and
9  a facilitator that must occur before the client participates
10  in an administration session.
11  "Program development period" means the period beginning on
12  January 1 of the year following the year of enactment of this
13  Act and ending no later than 24 months after the beginning
14  date.
15  "Psilocybin" means psilocybin or psilocin.
16  "Psilocybin product" means:
17  (1) psilocybin-producing fungi; or
18  (2) mixtures or substances containing a detectable
19  amount of psilocybin naturally produced from
20  psilocybin-producing fungi.
21  "Psilocybin product" does not include a psilocybin
22  service.
23  "Psilocybin product manufacturer" means a person who
24  manufactures a psilocybin product in this State.
25  "Psilocybin service" means a service provided to a client
26  before, during, or after the client's consumption of a

 

 

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1  psilocybin product, including any of the following:
2  (1) a preparation session;
3  (2) an administration session; or
4  (3) an integration session.
5  "Service center" means an establishment at which:
6  (1) an administration session is held;
7  (2) a psilocybin product is purchased; or
8  (3) other psilocybin services may be provided.
9  "Service center operator" means a person who operates a
10  service center in this State.
11  Section 25. Illinois Psilocybin Advisory Board; members;
12  terms; meetings; compensation.
13  (a) The Illinois Psilocybin Advisory Board is established
14  within the Department of Financial and Professional Regulation
15  for the purpose of advising and making recommendations for the
16  administration of this Act. The Illinois Psilocybin Advisory
17  Board shall consist of the following members:
18  (1) the Secretary of Financial and Professional
19  Regulation or the Secretary's designee;
20  (2) the Director of Agriculture or the Director's
21  designee;
22  (3) the Director of Public Health or the Director's
23  designee;
24  (4) the Director of the Illinois State Police or the
25  Director's designee;

 

 

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1  (5) the Director of Revenue or the Director's
2  designee;
3  (6) the Secretary of Human Services or the Secretary's
4  designee;
5  (7) the Secretary of Veterans Affairs or the
6  Secretary's designee;
7  (8) an expert in the field of public health, appointed
8  by the Governor with the advice and consent of the Senate;
9  (9) a local health official, appointed by the Governor
10  with the advice and consent of the Senate;
11  (10) an individual who is a member of or represents a
12  group that provides public health services directly to
13  members of the public, appointed by the Governor with the
14  advice and consent of the Senate;
15  (11) a psychologist who has experience engaging in the
16  diagnosis or treatment of mental, emotional, and
17  behavioral conditions, appointed by the Governor with the
18  advice and consent of the Senate;
19  (12) a psychiatrist licensed to practice in Illinois
20  who has experience engaging in the diagnosis or treatment
21  of mental, emotional, and behavioral conditions, appointed
22  by the Governor with the advice and consent of the Senate;
23  (13) a counselor licensed to practice in Illinois who
24  has experience engaging in the diagnosis or treatment of
25  mental, emotional, and behavioral conditions, appointed by
26  the Governor with the advice and consent of the Senate;

 

 

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1  (14) a physician licensed to practice medicine in all
2  its branches appointed by the Governor with the advice and
3  consent of the Senate;
4  (15) a doctor of osteopathic medicine licensed to
5  practice in Illinois, appointed by the Governor with the
6  advice and consent of the Senate;
7  (16) a naturopathic physician or a member of an
8  organization representing Naturopathic Physicians in
9  Illinois, appointed by the Governor with the advice and
10  consent of the Senate;
11  (17) an expert in the field of public health who has
12  obtained a doctorate degree in the field of public health,
13  community sciences, or a related health field, appointed
14  by the Governor with the advice and consent of the Senate;
15  (18) at least 3 individuals who meet at least one of
16  the following qualifications, appointed by the Governor
17  with the advice and consent of the Senate:
18  (a) professional experience conducting scientific
19  research regarding the use of psychedelic compounds in
20  clinical therapy;
21  (b) experience in the field of mycology;
22  (c) experience in the field of ethnobotany;
23  (d) experience in the field of psychopharmacology;
24  or
25  (e) experience in the field of psilocybin harm
26  reduction;

 

 

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1  (19) a current or former member of the Senate,
2  appointed by the President of the Senate;
3  (20) a current or former member of the Senate,
4  appointed by the Minority Leader of the Senate;
5  (21) a current or former member of the House,
6  appointed by the Speaker of the House; and
7  (22) a current or former member of the House,
8  appointed by the Minority Leader of the House.
9  (c) The term of office for an Advisory Board member
10  appointed under this Section is 4 years, but a member serves at
11  the pleasure of the Governor. Before the expiration of the
12  term of a member, the Governor shall appoint a successor whose
13  term begins on January 1 of the following calendar year.
14  Members may be eligible for reappointment. If there is a
15  vacancy for any reason, the Governor shall make an appointment
16  to serve in an acting capacity until approved by the Senate for
17  the remainder of the unexpired term.
18  (d) A majority of the voting members of the Advisory Board
19  constitutes a quorum for the transaction of business.
20  (e) Official action by the Advisory Board requires the
21  approval of a majority of the voting members of the board.
22  (f) The Advisory Board shall elect one of its voting
23  members to serve as chairperson.
24  (g) During the program development period, the Advisory
25  Board shall meet at least once every 2 calendar months at a
26  time and place determined by the chairperson, or a majority of

 

 

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1  the voting members of the Advisory Board. After the program
2  development period, the Advisory Board shall meet at least
3  once every calendar quarter at a time and place determined by
4  the chairperson or a majority of the voting members of the
5  Advisory Board. The Advisory Board may also meet at other
6  times and places specified by the call of the chairperson or of
7  a majority of the voting members of the board.
8  (h) The Advisory Board may adopt policies and procedures
9  necessary for the operation of the board.
10  (i) The Advisory Board may establish committees or
11  subcommittees necessary for the operation of the board.
12  (j) Members of the Advisory Board shall not be paid a
13  salary but shall be reimbursed for travel and other reasonable
14  expenses incurred while fulfilling the responsibilities of the
15  Advisory Board.
16  Section 30. Duties of the Illinois Psilocybin Advisory
17  Board.
18  (a) The Illinois Psilocybin Advisory Board shall perform
19  the following duties:
20  (1) Provide advice to the Department of Public Health,
21  the Department of Agriculture, the Department of Financial
22  and Professional Regulation, the Illinois State Police,
23  and the Department of Revenue with respect to the
24  administration of this Act as it relates to accurate
25  public health approaches regarding use, effect, and risk

 

 

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1  reduction of entheogens and the content and scope of
2  educational campaigns related to entheogens.
3  (2) Make recommendations on available medical,
4  psychological, and scientific studies, research, and other
5  information relating to the safety and efficacy of
6  psilocybin in treating mental health conditions,
7  including, but not limited to, addiction, depression,
8  anxiety and trauma disorders, headache disorders, and
9  end-of-life psychological distress.
10  (3) Study and review the Oregon Psilocybin Services
11  Act (Measure 109), the Colorado Natural Medicine Health
12  Act of 2022 (Proposition 122), and relevant legislative
13  initiatives in other states in an effort to determine
14  successes and pitfalls that may be applied to the
15  rulemaking process in Illinois.
16  (4) Review scientific and cultural literature
17  concerning ibogaine (except ibogaine from iboga),
18  mescaline (except mescaline from peyote), and botanical
19  forms of dimethlyltryptamine and make recommendations
20  concerning whether these substances may be included in
21  this Act or a similar appropriate regulatory framework
22  based on medical, psychological, and scientific studies,
23  research, and other information related to the safety and
24  efficacy of each compound to avoid an unregulated de facto
25  market for other natural plants and fungi.
26  (5) Make recommendations on the requirements,

 

 

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1  specifications, and guidelines for providing psilocybin
2  services to a client, including the following:
3  (A) The requirements, specifications, and
4  guidelines for holding and verifying the completion of
5  a preparation session, an administration session, and
6  an integration session.
7  (B) The contents of the client information form
8  that a client must complete and sign before the client
9  participates in an administration session, giving
10  particular consideration to the following:
11  (i) The information that should be solicited
12  from the client to determine whether the client
13  should participate in the administration session,
14  including information that may identify risk
15  factors and contraindications.
16  (ii) The information that should be solicited
17  from the client to assist the service center
18  operator and the facilitator in meeting any public
19  health and safety standards and industry best
20  practices during the administration session.
21  (iii) The health and safety warnings and other
22  disclosures that should be made to the client
23  before the client participates in the
24  administration session.
25  (6) Make recommendations on public health and safety
26  standards and industry best practices for each type of

 

 

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1  licensee under this Act.
2  (7) Make recommendations on the formulation of a code
3  of professional conduct for facilitators, giving
4  particular consideration to a code of ethics, cultural
5  responsibility, and outlining a clear process for
6  reporting complaints of unethical conduct by facilitators
7  or service center employees.
8  (8) Make recommendations on the education, experience,
9  and training that facilitators must achieve, giving
10  particular consideration to the following and including
11  whether such education, experience, and training should be
12  available through online resources:
13  (A) Facilitation skills that are affirming,
14  nonjudgmental, nondirective, trauma-informed, and
15  rooted in informed consent.
16  (B) Support skills for clients during an
17  administration session, including specialized skills
18  for the following:
19  (i) client safety;
20  (ii) clients who may have a mental health
21  condition;
22  (iii) appropriate boundaries, heightened
23  transference in expanded states of consciousness,
24  and special precautions related to the use of
25  touch in psilocybin sessions;
26  (iv) crisis assessment and appropriate

 

 

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1  referral for those who need ongoing support if
2  challenging mental health issues emerge in
3  psilocybin sessions;
4  (C) the environment in which psilocybin services
5  should occur;
6  (D) social and cultural considerations; and
7  (E) affordable, equitable, ethical, and culturally
8  responsible access to entheogens and requirements to
9  ensure that the regulated entheogen access program is
10  equitable and inclusive.
11  (9) Make recommendations on the examinations that
12  facilitators must pass.
13  (10) Make recommendations on public health and safety
14  standards and industry best practices for holding and
15  completing an administration session, including the
16  following:
17  (A) best practices surrounding group
18  administration;
19  (B) how clients can safely access common or
20  outside areas on the premises at which the
21  administration session is held;
22  (C) the circumstances under which an
23  administration session is considered complete; and
24  (D) the transportation needs of the client after
25  the completion of the administration session.
26  (11) Develop a long-term strategic plan for ensuring

 

 

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1  that psilocybin services will become and remain a safe,
2  accessible, and affordable therapeutic option for all
3  persons 18 years of age and older in this State for whom
4  psilocybin may be appropriate.
5  (12) Monitor and study federal laws, regulations, and
6  policies regarding psilocybin.
7  (13) On an ongoing basis, review and evaluate existing
8  research studies and real-world data related to entheogens
9  and make recommendations to the General Assembly and
10  relevant State agencies as to whether entheogens and
11  associated services should be covered under any Illinois
12  State health insurance or other insurance program as a
13  cost-effective intervention for various mental health
14  conditions, including, but not limited to, end-of-life
15  anxiety, substance use disorder, alcoholism, depressive
16  disorders, neurological disorders, post-traumatic stress
17  disorder, and other painful conditions, including, but not
18  limited to, cluster headaches, migraines, cancer, and
19  phantom limbs.
20  (14) On an ongoing basis, review and evaluate
21  sustainability issues related to natural entheogens and
22  their impact on indigenous cultures and document existing
23  reciprocity efforts and continuing support measures that
24  are needed as part of the Advisory Board's annual report.
25  (15) Publish an annual report describing the Advisory
26  Board's activities, including, but not limited to, any

 

 

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1  recommendations and advice to the Department of Public
2  Health, the Department of Agriculture, the Department of
3  Financial and Professional Regulation, the Illinois State
4  Police, the Department of Revenue, or the General
5  Assembly.
6  (b) The Department of Financial and Professional
7  Regulation shall provide technical, logistical, and other
8  support to the Advisory Board, as requested by the Advisory
9  Board, to assist the Advisory Board with its duties and
10  obligations.
11  Section 35. General powers and duties; rules.
12  (a) The Department of Public Health, Department of
13  Agriculture, Department of Financial and Professional
14  Regulation, Illinois State Police, and Department of Revenue
15  have the duties, functions, and powers necessary or proper to
16  enable each agency to carry out their duties, functions, and
17  powers under this Act. This includes the duty to regulate the
18  manufacturing, transportation, delivery, sale, and purchase of
19  psilocybin products and the provision of psilocybin services
20  in this State in accordance with the provisions of this Act.
21  The Department of Public Health, Department of Agriculture,
22  Department of Financial and Professional Regulation, Illinois
23  State Police, and Department of Revenue may adopt, amend, or
24  repeal rules as necessary to carry out the intent and
25  provisions of this Act, including rules necessary to protect

 

 

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1  public health and safety.
2  (b) The Department of Public Health, Department of
3  Agriculture, Department of Financial and Professional
4  Regulation, Illinois State Police, and Department of Revenue
5  shall enter into intergovernmental agreements, as necessary,
6  to carry out the provisions of this Act, including, but not
7  limited to, the provisions relating to the registration and
8  oversight of any person who produces, possesses, transports,
9  delivers, sells, or purchases a psilocybin product in this
10  State or who provides a psilocybin service in this State.
11  There shall be no requirement that a client be diagnosed with
12  or have any particular medical condition as a prerequisite to
13  being provided psilocybin services.
14  (c) The Department of Public Health, Department of
15  Agriculture, and Department of Financial and Professional
16  Regulation may suspend, revoke, or impose other penalties upon
17  a person licensed under this Act for violations of this Act and
18  any rules adopted in accordance with this Act. The suspension
19  or revocation of a license or imposition of any other penalty
20  upon a licensee is a final Agency action subject to judicial
21  review. Jurisdiction and venue for judicial review are vested
22  in the circuit court.
23  (d) The Department of Public Health shall examine,
24  publish, and distribute to the public available medical,
25  psychological, and scientific studies, research, and other
26  information relating to the safety and efficacy of psilocybin

 

 

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1  in treating mental health conditions, including, but not
2  limited to, addiction, depression, anxiety disorders, headache
3  disorders, and end-of-life psychological distress.
4  (e) The Department of Agriculture shall issue, renew,
5  suspend, revoke, or refuse to issue or renew licenses for the
6  manufacturing and testing of psilocybin products and to
7  permit, at the Department of Agriculture's discretion, the
8  transfer of licenses. There shall be no requirement that a
9  psilocybin product be manufactured by means of chemical
10  synthesis.
11  (f) The Department of Financial and Professional
12  Regulation shall issue, renew, suspend, revoke, or refuse to
13  issue or renew licenses for the sale of psilocybin products,
14  the provision of psilocybin services, or other licenses
15  related to the consumption of psilocybin products, and to
16  permit, at the Department's discretion, the transfer of a
17  license between persons.
18  (g) Any fees collected pursuant to this Section shall be
19  deposited into the Psilocybin Control and Regulation Fund.
20  Section 40. Authority to purchase, possess, seize,
21  transfer to a licensee, or dispose of psilocybin products.
22  Subject to any applicable provision of Illinois law, the
23  Department of Public Health, Department of Agriculture,
24  Department of Financial and Professional Regulation, Illinois
25  State Police, and Department of Revenue may purchase, possess,

 

 

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1  seize, transfer to a licensee, or dispose of psilocybin
2  products as is necessary to ensure compliance with and enforce
3  the provisions of this Act and any rule adopted under this Act.
4  Section 45. Program development period; dates.
5  (a) Unless the General Assembly provides otherwise, the
6  Department may not issue any licenses under this Act during
7  the program development period.
8  (b) On or before February 28 of the year following the
9  effective date of this Act, the Governor, the Senate
10  President, and the Speaker of the House shall appoint the
11  individuals specified in subsection (b) of Section 25 to the
12  Advisory Board.
13  (c) On or before March 31 of the year following the
14  effective date of this Act, the Advisory Board shall hold its
15  first meeting at a time and place specified by the Governor.
16  (d) On or before June 30 of the year following the
17  effective date of this Act, and on a regular basis after that
18  date, the Advisory Board shall submit its findings and
19  recommendations to the Department of Public Health, Department
20  of Agriculture, Department of Financial and Professional
21  Regulation, Illinois State Police, and Department of Revenue
22  on available medical, psychological, and scientific studies,
23  research, and other information relating to the safety and
24  efficacy of psilocybin and other entheogens in treating mental
25  health conditions, including, but not limited to, addiction,

 

 

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1  depression, anxiety disorders, headache disorders, and
2  end-of-life psychological distress.
3  (e) On or before June 30 of the year 2 years after the
4  effective date of this Act, the Advisory Board shall submit
5  its findings and recommendations concerning the following:
6  (1) rules and regulations for the implementation of
7  this Act;
8  (2) a long-term strategic plan for ensuring that
9  psilocybin services will become and remain a safe,
10  accessible, and affordable therapeutic option for all
11  persons 18 years of age and older in this State for whom
12  psilocybin may be appropriate; and
13  (3) with respect to federal laws, regulations, and
14  policies regarding psilocybin and other entheogens.
15  (f) On or before July 31 of the year 2 years after the
16  effective date of this Act, and on a regular basis after that
17  date, the Department of Public Health shall publish and
18  distribute to the public available medical, psychological, and
19  scientific studies, research, and other information relating
20  to the safety and efficacy of psilocybin and other entheogens
21  in treating mental health conditions, including, but not
22  limited to, addiction, depression, anxiety disorders, headache
23  disorders, and end-of-life psychological distress.
24  (g) On or before before June 30 of the year 3 years after
25  the effective date of this Act, the Department of Public
26  Health, Department of Agriculture, Department of Revenue, and

 

 

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1  Department of Financial and Professional Regulation shall
2  prescribe forms and adopt such rules as the Departments deem
3  necessary for the implementation of this Act. The Department
4  of Public Health, Department of Agriculture, Department of
5  Revenue, the Illinois State Police, and Department of
6  Financial and Professional Regulation shall hold at least one
7  public hearing regarding this rulemaking. The public hearing
8  may be held jointly or the Departments may hold individual
9  hearings.
10  Section 50. Licensing.
11  (a) On or before July 1 of the year 2 years after the
12  effective date of this Act:
13  (1) The Department of Financial and Professional
14  Regulation shall begin receiving applications for the
15  licensing of persons to:
16  (A) operate a service center; and
17  (B) facilitate psilocybin services.
18  (2) The Department of Agriculture shall begin
19  receiving applications for the licensing of persons to:
20  (A) manufacture psilocybin products; and
21  (B) test psilocybin products.
22  (b) Except as provided in subsection (c), an applicant for
23  a license or renewal of a license issued under this Act shall
24  apply to the appropriate Department in the form required by
25  that Department, by rule, showing the name and address of the

 

 

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1  applicant, the location of the facility that is to be operated
2  under the license, and other pertinent information required by
3  the Department. The Department may not issue or renew a
4  license until the applicant has complied with the provisions
5  of this Act and rules adopted under this Act.
6  (b-5) In the event that an application does not meet the
7  technical standards set forth by the applicable Department,
8  the Department must notify the applicant and provide the
9  applicant with at least 30 days after the applicant receives
10  notice of the deficiency to rectify the application materials.
11  (c) A Department may reject any application that is not
12  submitted in the form required by the Department by rule. The
13  approval or denial of any application is a final decision of
14  the Department subject to judicial review. Jurisdiction and
15  venue are vested in the circuit court.
16  (d) Except as provided in subsection (c), a revocation of
17  or refusal to issue or renew a license issued under this Act is
18  a final decision of the Department subject to judicial review.
19  Jurisdiction and venue are vested in the Circuit Court.
20  (e) An applicant for a facilitator license or renewal of a
21  facilitator license issued under Section 105 need not show the
22  location of any premises.
23  (f) The Department of Financial and Professional
24  Regulation or the Department of Agriculture shall not license
25  an applicant under the provisions of this Act if the applicant
26  is under 18 years of age.

 

 

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1  (g) The Department of Financial or Professional Regulation
2  or the Department of Agriculture shall refuse to issue a
3  license or may issue a restricted license to an applicant
4  under the provisions of this Act if the Department finds that
5  the applicant meets any of the following conditions:
6  (1) has failed to complete any of the education or
7  training required by the provisions of this Act or rules
8  adopted under this Act;
9  (2) has failed to complete any of the examinations
10  required by the provisions of this Act or rules adopted
11  under this Act;
12  (3) is in the habit of using alcoholic beverages,
13  habit-forming drugs, or controlled substances to excess as
14  determined by the Department;
15  (4) has made false statements to the Department;
16  (5) is incompetent or physically unable to carry on
17  the management of the establishment proposed to be
18  licensed as determined by the Department;
19  (6) has been convicted of violating a federal law,
20  State law, or local ordinance if the conviction is
21  substantially related to the fitness and ability of the
22  applicant to lawfully carry out activities under the
23  license;
24  (7) is not of good repute and moral character as
25  determined by the Department;
26  (8) does not have a good record of compliance with

 

 

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1  this Act or any rule adopted under this Act;
2  (9) is not the legitimate owner of the premises
3  proposed to be licensed or has not disclosed that any
4  other person has an ownership interest in the premises
5  proposed to be licensed;
6  (10) has not demonstrated financial responsibility
7  sufficient to adequately meet the requirements of the
8  premises proposed to be licensed; or
9  (11) is unable to understand the laws of this State
10  relating to psilocybin products, psilocybin services, or
11  the rules adopted under this Act.
12  (h) Notwithstanding paragraph (6) of subsection (g), in
13  determining whether to issue a license or a restricted license
14  to an applicant, the Department of Financial and Professional
15  Regulation or the Department of Agriculture shall not consider
16  the prior conviction of the applicant or any owner, director,
17  officer, manager, employee, agent, or other representative of
18  the applicant for the following:
19  (1) The manufacture of psilocybin or the manufacture
20  of cannabis, as defined under Section 1-10 of the Cannabis
21  Regulation and Tax Act, or cannabis product if any of the
22  following apply:
23  (A) The date of the conviction is 2 or more years
24  before the date of the application.
25  (B) The person has not been convicted more than
26  once for the manufacture of psilocybin.

 

 

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1  (2) The possession of a controlled substance, as
2  defined in the Illinois Controlled Substances Act, if any
3  of the following apply:
4  (A) The date of the conviction is 2 or more years
5  before the date of the application.
6  (B) The person has not been convicted more than
7  once for the possession of a controlled substance.
8  (i) The Department of Financial and Professional
9  Regulation and the Department of Agriculture shall not issue a
10  license pursuant to this Act if the licensee, principal
11  officer, board member, or person having a financial or voting
12  interest of 5% or greater in the licensee or applicant, or the
13  agent thereof is delinquent in filing any required tax returns
14  or paying any amounts owed to the State of Illinois.
15  Section 55. Authority to require fingerprints. The
16  Department of Agriculture or the Department of Financial and
17  Professional Regulation, through the Illinois State Police,
18  may require the fingerprints of any individual listed on an
19  application to perform any of the functions listed in
20  subsection (a) of Section 50 for purposes of conducting a
21  background check. The Department of Agriculture or the
22  Department of Financial and Professional Regulation may
23  require fingerprints to be submitted for a background check
24  prior to or after the submission of an application. The
25  Illinois State Police shall charge a fee for conducting the

 

 

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1  criminal history record check, which shall be deposited in the
2  State Police Services Fund and shall not exceed the actual
3  cost of the record check. In order to carry out this provision,
4  each person applying to perform one of the functions listed in
5  subsection (a) of Section 50 may be required to submit a full
6  set of fingerprints to the Illinois State Police for the
7  purpose of obtaining a State and federal criminal records
8  check. These fingerprints shall be checked against the
9  fingerprint records now and hereafter, to the extent allowed
10  by law, filed in the Illinois State Police and Federal Bureau
11  of Investigation criminal history records databases. The
12  Illinois State Police shall furnish, following positive
13  identification, all Illinois conviction information to the
14  Department of Agriculture or the Department of Financial and
15  Professional Regulation. The Department of Agriculture or the
16  Department of Financial and Professional Regulation, through
17  the Illinois State Police, may require the fingerprints of the
18  following persons:
19  (1) If the applicant is a limited partnership, each
20  general partner of the limited partnership.
21  (2) If the applicant is a manager-managed limited
22  liability company, each manager of the limited liability
23  company.
24  (3) If the applicant is a member-managed limited
25  liability company, each voting member of the limited
26  liability company.

 

 

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1  (4) If the applicant is a corporation, each director
2  and officer of the corporation.
3  (5) Any individual who holds a financial interest of
4  10% or more in the person applying for the license.
5  Section 60. Properties of license. A license issued under
6  this Act is all of the following:
7  (1) a personal privilege;
8  (2) renewable in the manner provided under Section 50,
9  except for a cause that would be grounds for refusal to
10  issue the license under Section 50;
11  (3) subject to revocation or suspension as provided in
12  Section 185;
13  (4) except for a license issued to a facilitator under
14  Section 105, transferable from the premises for which the
15  license was originally issued to another premises subject
16  to the provisions of this Act, applicable rules adopted
17  under this Act, and applicable local ordinances;
18  (5) subject to expiration upon the death of the
19  licensee, if the license was issued to an individual
20  except as provided under subsection (p) of Section 155;
21  (6) not considered property;
22  (7) not alienable;
23  (8) not subject to attachment or execution; and
24  (9) not subject to descent by the laws of testate or
25  intestate succession.

 

 

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1  Section 65. Duties of the Departments with respect to
2  issuing licenses.
3  (a) The Department of Financial and Professional
4  Regulation or the Department of Agriculture shall approve or
5  deny an application to be licensed under this Act. Upon
6  receiving an application under Section 50, the Department may
7  not unreasonably delay processing, approving, or denying the
8  application or, if the application is approved, issuing the
9  license.
10  (b) The licenses described in this Act must be issued by
11  the Department of Financial and Professional Regulation or the
12  Department of Agriculture subject to the provisions of this
13  Act and rules adopted under this Act.
14  (c) The Department of Financial and Professional
15  Regulation may not license premises that do not have defined
16  boundaries. Premises do not need to be enclosed by a wall,
17  fence, or other structure, but the Department of Financial and
18  Professional Regulation may require premises to be enclosed as
19  a condition of issuing or renewing a license. The Department
20  of Financial and Professional Regulation may not license
21  mobile premises.
22  Section 70. Lawful manufacture, delivery, and possession
23  of psilocybin products. A licensee or licensee representative
24  may manufacture, deliver, or possess a psilocybin product

 

 

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1  subject to the provisions of this Act and rules adopted under
2  this Act. The manufacture, delivery, or possession of a
3  psilocybin product by a licensee or a licensee representative
4  in compliance with this Act and rules adopted under this Act
5  does not constitute a criminal or civil offense under the laws
6  of this State.
7  Section 75. Restriction on financial interests in multiple
8  licensees.
9  (a) An individual may not have a financial interest in
10  either of the following:
11  (1) More than one psilocybin product manufacturer.
12  (2) More than 5 service center operators.
13  (b) Subject to subsection (a), a person may hold multiple
14  service center operator licenses under Section 95 and may hold
15  both a manufacturer license under Section 80 and a service
16  center operator license under Section 95 at the same or
17  different premises.
18  Section 80. License to manufacture psilocybin products.
19  (a) The manufacture of psilocybin products is subject to
20  regulation by the Department of Agriculture.
21  (b) A psilocybin product manufacturer must have a
22  manufacturer license issued by the Department of Agriculture
23  for the premises at which the psilocybin products are
24  manufactured. To hold a manufacturer license issued under this

 

 

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1  Section, a psilocybin product manufacturer must comply with
2  the following:
3  (1) apply for a license in the manner described in
4  Section 50; and
5  (2) provide proof that the applicant is 18 years of
6  age or older.
7  (c) If the applicant is not the owner of the premises at
8  which the psilocybin is to be manufactured, the applicant
9  shall submit to the Department of Agriculture signed informed
10  consent from the owner of the premises to manufacture
11  psilocybin at the premises. The Department of Agriculture may
12  adopt rules regarding the informed consent described in this
13  subsection.
14  (d) The Department of Agriculture shall adopt rules that
15  comply with the following:
16  (1) require a psilocybin product manufacturer to
17  annually renew a license issued under this Section;
18  (2) establish application, licensure, and renewal of
19  licensure fees for psilocybin product manufacturers; and
20  (3) require psilocybin products manufactured by
21  psilocybin product manufacturers to be tested in
22  accordance with Section 270.
23  (e) Fees adopted under paragraph (2) of subsection (d) may
24  not exceed, together with other fees collected under this Act,
25  the cost of administering this Act and shall be deposited into
26  the Psilocybin Control and Regulation Fund.

 

 

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1  Section 85. Psilocybin product manufacturers;
2  endorsements.
3  (a) The Department of Agriculture shall adopt rules that
4  designate different types of manufacturing activities. A
5  psilocybin product manufacturer may only engage in a type of
6  manufacturing activity if the psilocybin product manufacturer
7  has received an endorsement from the Department for that type
8  of manufacturing activity.
9  (b) An applicant must request an endorsement upon
10  submission of an initial application but may also request an
11  endorsement at any time following licensure.
12  (c) Only one application and license fee is required
13  regardless of how many endorsements an applicant or licensee
14  requests or at what time the request is made.
15  (d) A psilocybin product manufacturer licensee may hold
16  multiple endorsements.
17  (e) The Department of Agriculture may deny a psilocybin
18  product manufacturer's request for an endorsement or revoke an
19  existing endorsement if the psilocybin product manufacturer
20  cannot or does not meet the requirements for the endorsement
21  that is requested.
22  Section 90. Psilocybin product quantities; rules. The
23  Department of Agriculture shall adopt rules restricting the
24  quantities of psilocybin products at premises for which a

 

 

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1  license has been issued under Section 80. In adopting rules
2  under this Section, the Department shall take into
3  consideration the demand for psilocybin services in this
4  State, the number of psilocybin product manufacturers applying
5  for a license under Section 80, the number of psilocybin
6  product manufacturers that hold a license issued under Section
7  80, and whether the availability of psilocybin products in
8  this State is commensurate with the demand for psilocybin
9  services.
10  Section 95. License to operate a service center.
11  (a) The operation of a service center is subject to
12  regulation by the Department of Financial and Professional
13  Regulation.
14  (b) A service center operator must have a service center
15  operator license issued by the Department of Financial and
16  Professional Regulation for the premises at which psilocybin
17  services are provided. To hold a service center operator
18  license under this Section, a service center operator must
19  comply with the following:
20  (1) apply for a license in the manner described in
21  Section 50;
22  (2) provide proof that the applicant is 18 years of
23  age or older;
24  (3) ensure that the service center is located in an
25  area that is not within the limits of an area zoned

 

 

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1  exclusively for residential use;
2  (4) ensure that the service center is not located
3  within 1,000 feet of a public, private, or parochial
4  school; and
5  (5) meet the requirements of any rule adopted by the
6  Department of Financial and Professional Regulation under
7  subsection (c).
8  (c) The Department of Financial and Professional
9  Regulation shall adopt rules that comply with the following:
10  (1) require a service center operator to annually
11  renew a license issued under this Section;
12  (2) establish application, licensure, and renewal of
13  licensure fees for service center operators;
14  (3) require psilocybin products sold by a service
15  center operator to be tested in accordance with Section
16  270; and
17  (4) require a service center operator to meet any
18  public health and safety standards and industry best
19  practices established by the Department by rule.
20  Fees adopted under paragraph (2) of this subsection may
21  not exceed, together with other fees collected under this Act,
22  the cost of administering this Act and shall be deposited into
23  the Psilocybin Control and Regulation Fund established under
24  Section 190.
25  Section 100. Establishment of schools after issuance of

 

 

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1  license.
2  (a) If a school described under paragraph (5) of
3  subsection (b) of Section 95 that has not previously been
4  attended by children is established within 1,000 feet of
5  premises for which a license has been issued under Section 95,
6  the service center operator located at that premises may
7  remain at that location unless the Department of Financial and
8  Professional Regulation revokes the license of the service
9  center operator under Section 175.
10  (b) The Department of Financial and Professional
11  Regulation may adopt rules establishing the circumstances
12  under which the Department may require a service center
13  operator that holds a license issued under Section 95 to use an
14  age verification scanner or any other equipment used to verify
15  a person's age for the purpose of ensuring that the service
16  center operator does not sell psilocybin products to a person
17  under 18 years of age. Information obtained under this
18  subsection may not be retained after verifying a person's age
19  and may not be used for any purpose other than verifying a
20  person's age.
21  Section 105. License to facilitate psilocybin services.
22  (a) The facilitation of psilocybin services is subject to
23  regulation by the Department of Financial and Professional
24  Regulation.
25  (b) A facilitator must have a facilitator license issued

 

 

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1  by the Department of Financial and Professional Regulation. To
2  hold a facilitator license issued under this Section, a
3  facilitator must comply with the following:
4  (1) apply for a license in the manner described in
5  Section 50;
6  (2) provide proof that the applicant is 18 years of
7  age or older;
8  (3) have a high school diploma or equivalent
9  education;
10  (4) submit evidence of completion of education and
11  training prescribed and approved by the Department;
12  (5) have passed an examination approved, administered,
13  or recognized by the Department; and
14  (6) meet the requirements of any rule adopted by the
15  Department under subsection (d).
16  (c) The Department of Financial and Professional
17  Regulation may not require a facilitator to have a degree from
18  a university, college, postsecondary institution, or other
19  institution of higher education.
20  (d) The Department of Financial and Professional
21  Regulation shall adopt rules that comply with the following:
22  (1) require a facilitator to annually renew a license
23  issued under this Section;
24  (2) establish application, licensure, and renewal of
25  licensure fees for facilitators;
26  (3) require a facilitator to meet any public health

 

 

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1  and safety standards and industry best practices
2  established by the Department by rule.
3  (e) Fees adopted under paragraph (2) of subsection (d) may
4  not exceed, together with other fees collected under this Act,
5  the cost of administering this Act and shall be deposited into
6  the Psilocybin Control and Regulation Fund.
7  (f) A facilitator may be, but need not be, an employee,
8  manager, director, officer, partner, member, shareholder, or
9  direct or indirect owner of one or more service center
10  operators.
11  (g) A license issued to a facilitator under this Section
12  is not limited to any one or more premises.
13  Section 110. License examinations; rules. The Department
14  of Financial and Professional Regulation shall offer an
15  examination for applicants for licenses to facilitate
16  psilocybin services at least twice a year. An applicant who
17  fails any part of the examination may retake the failed
18  section in accordance with rules adopted by the Department.
19  Section 115. Age verification.  The Department of
20  Financial and Professional Regulation may adopt rules
21  establishing the circumstances under which the Department may
22  require a facilitator that holds a license issued under
23  Section 105 to use an age verification scanner or any other
24  equipment used to verify a person's age for the purpose of

 

 

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1  ensuring that the facilitator does not provide psilocybin
2  services to a person under 18 years of age. Information
3  obtained under this Section may not be retained after
4  verifying a person's age and may not be used for any purpose
5  other than verifying a person's age.
6  Section 120. Psilocybin services. The Department of
7  Financial and Professional Regulation shall adopt by rule the
8  requirements, specifications, and guidelines for the
9  following:
10  (1) providing psilocybin services to a client;
11  (2) holding and verifying the completion of a
12  preparation session;
13  (3) having a client complete, sign, and deliver a
14  client information form to a service center operator and a
15  facilitator;
16  (4) holding and verifying the completion of an
17  administration session; and
18  (5) holding and verifying the completion of an
19  integration session.
20  Section 125. Preparation session.
21  (a) Before a client participates in an administration
22  session, the client must attend a preparation session with a
23  facilitator. A preparation session is intended to provide
24  individuals with comprehensive information about the potential

 

 

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1  risks and benefits of the use of psilocybin.
2  (b) A preparation session may be, but need not be, held at
3  a service center.
4  (c) If a preparation session is completed in accordance
5  with all applicable requirements, specifications, and
6  guidelines, as determined by the Department, the facilitator
7  must certify, in a form and manner prescribed by the
8  Department, that the client completed the preparation session.
9  This certification shall be collected for the limited purpose
10  of ensuring the facilitator adheres to all applicable
11  requirements, specifications, and guidelines. The Department,
12  facilitator, and service center operator shall maintain such
13  certifications in a manner that ensures confidentiality and
14  shall not sell, disclose, or otherwise transfer any personally
15  identifiable information of the client without the client's
16  express written consent. The Department, facilitator, and
17  service center shall only maintain personally identifiable
18  information of the client to the extent necessary to transact
19  business and ensure compliance with all laws and rules.
20  Section 130. Client information form.
21  (a) Before a client participates in an administration
22  session, the following must occur:
23  (1) The client must complete and sign a client
24  information form in a form and manner prescribed by the
25  Department.

 

 

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1  (2) A copy of the completed and signed client
2  information form must be delivered to the service center
3  operator that operates the service center at which the
4  administration session is to be held and to the
5  facilitator that will supervise the administration
6  session.
7  (b) The client information form must comply with the
8  following:
9  (1) Solicit from the client such information as may be
10  necessary: (i) to enable a service center operator and a
11  facilitator to determine whether the client should
12  participate in an administration session, including
13  information that may identify risk factors and
14  contraindications, and (ii) to assist the service center
15  operator and the facilitator in meeting any public health
16  and safety standards and industry best practices during
17  the administration session.
18  (2) Contain such health and safety warnings and other
19  disclosures to the client as the Department may require.
20  (c) The service center operator shall maintain the client
21  information form in a manner that ensures confidentiality and
22  shall not sell, disclose, or otherwise transfer any personally
23  identifiable information of the client without the client's
24  express written consent.
25  Section 135. Administration session.

 

 

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1  (a) After a client completes a preparation session and
2  completes and signs a client information form, the client may
3  participate in an administration session.
4  (b) An administration session must be held under the
5  supervision of a licensed facilitator.
6  (c) If an administration session is completed in
7  accordance with all applicable requirements, specifications,
8  and guidelines, as determined by the Department, the
9  facilitator must certify, in a form and manner prescribed by
10  the Department, that the client completed the administration
11  session. This certification shall be collected for the limited
12  purpose of ensuring the facilitator adheres to all applicable
13  requirements, specifications, and guidelines. The Department,
14  facilitator, and service center operator shall maintain such
15  certifications in a manner that ensures confidentiality and
16  shall not sell, disclose, or otherwise transfer any personally
17  identifiable information of the client without the client's
18  express written consent. The Department, facilitator, and
19  service center shall only maintain personally identifiable
20  information of the client to the extent necessary to transact
21  business and ensure compliance with all laws and rules.
22  Section 140. Integration session.
23  (a) After a client completes an administration session,
24  the facilitator who supervised the administration session must
25  offer the client an opportunity to participate in an

 

 

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1  integration session. The client may, but need not, participate
2  in an integration session. Integration sessions are intended
3  to promote psychological well-being and reduce the risk of
4  adverse reactions by ensuring individuals are not left to
5  process potentially overwhelming experiences alone.
6  (b) An integration session may be, but need not be, held at
7  a service center.
8  (c) If an integration session is completed in accordance
9  with all applicable requirements, specifications, and
10  guidelines, as determined by the Department, the facilitator
11  must certify, in a form and manner prescribed by the
12  Department, that the client completed the integration session.
13  This certification shall be collected for the limited purpose
14  of ensuring the facilitator adheres to all applicable
15  requirements, specifications, and guidelines. The Department,
16  facilitator, and service center operator shall maintain such
17  certifications in a manner that ensures confidentiality and
18  shall not sell, disclose, or otherwise transfer any personally
19  identifiable information of the client without the client's
20  express written consent. The Department, facilitator, and
21  service center shall only maintain personally identifiable
22  information of the client to the extent necessary to transact
23  business and ensure compliance with all laws and rules.
24  Section 145. Reliance on client information form.
25  (a) If a client information form is offered as evidence in

 

 

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1  any administrative or criminal prosecution of a licensee or
2  licensee representative for sale or service of a psilocybin
3  product to a client, the licensee or licensee representative
4  is not guilty of any offense prohibiting a person from selling
5  or serving a psilocybin product to a client unless it is
6  demonstrated that a reasonable person would have determined
7  that the responses provided by the client on the client
8  information form were incorrect or altered.
9  (b) A licensee or licensee representative shall be
10  entitled to rely upon all statements, declarations, and
11  representations made by a client in a client information form
12  unless it is demonstrated that either:
13  (1) a reasonable person would have determined that one
14  or more of the statements, declarations, or
15  representations made by the client in the client
16  information form were incorrect or altered; or
17  (2) the licensee or licensee representative violated a
18  provision of this Act or a rule adopted under this Act
19  relative to the client information form.
20  (c) Except as provided in subsection (b), no licensee or
21  licensee representative shall incur legal liability by virtue
22  of any untrue statement, declaration, or representation so
23  relied upon in good faith by the licensee or licensee
24  representative.
25  (d) The Department of Financial and Professional
26  Regulation shall adopt rules for recordkeeping, privacy, and

 

 

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1  confidentiality requirements of service centers. However, the
2  recordkeeping shall not result in disclosure to the public or
3  any governmental agency of any participant's personally
4  identifiable information.
5  Section 150. Refusal to provide psilocybin services to a
6  client.
7  (a) Subject to applicable State law, a licensee or
8  licensee representative may refuse to provide psilocybin
9  services to a potential client for any or no reason.
10  (b) Except as provided in subsection (c), and subject to
11  applicable State law, a licensee or licensee representative
12  may cease providing psilocybin services to a client for any or
13  no reason.
14  (c) A service center operator and a facilitator may not
15  cease providing psilocybin services to a client during an
16  administration session after the client has consumed a
17  psilocybin product, except as authorized by the Department of
18  Financial and Professional Regulation by rule or as necessary
19  in an emergency.
20  Section 155. Department powers and duties relating to
21  facilitators.
22  (a) The Department of Financial and Professional
23  Regulation shall perform the following:
24  (1) Determine the qualifications, training, education,

 

 

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1  and fitness of applicants for licenses to facilitate
2  psilocybin services, giving particular consideration to
3  the following:
4  (A) facilitation skills that are affirming,
5  nonjudgmental, culturally competent, trauma informed,
6  rooted in informed consent, and nondirective;
7  (B) support skills for clients during an
8  administration session, including specialized skills
9  for the following:
10  (i) client safety; and
11  (ii) clients who may have a mental health
12  condition;
13  (C) the environment in which psilocybin services
14  should occur; and
15  (D) social and cultural considerations.
16  (2) Formulate a code of professional conduct for
17  facilitators, giving particular consideration to a code of
18  ethics.
19  (3) Establish standards of practice and professional
20  responsibility for individuals licensed by the Department
21  to facilitate psilocybin services.
22  (4) Select licensing examinations for licenses to
23  facilitate psilocybin services.
24  (5) Provide for waivers of examinations, as
25  appropriate.
26  (6) Appoint representatives to conduct or supervise

 

 

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1  examinations of applicants for licenses to facilitate
2  psilocybin services.
3  (b) The Department of Financial and Professional
4  Regulation shall adopt by rule minimum standards of education
5  and training requirements for facilitators.
6  (c) The Department of Financial and Professional
7  Regulation shall approve courses for facilitators. To obtain
8  approval of a course, the provider of a course must submit an
9  outline of instruction to the Department. The outline must
10  include the proposed courses, total hours of instruction,
11  hours of lectures in theory, and the hours of instruction in
12  application of practical skills.
13  (d) The Department of Financial and Professional
14  Regulation may, after 72 hours' notice, make an examination of
15  the books of a licensee for the purpose of determining
16  compliance with this Act and rules adopted under this Act.
17  (e) The Department of Financial and Professional
18  Regulation or the Department of Agriculture may at any time
19  make an examination of premises for which a license has been
20  issued under this Act for the purpose of determining
21  compliance with this Act and rules adopted under this Act.
22  (f) The Department of Financial and Professional
23  Regulation may not require the books of a licensee to be
24  maintained on the premises of the licensee.
25  (g) If a licensee holds more than one license issued under
26  this Act for the same premises, the Department of Financial

 

 

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1  and Professional Regulation or the Department of Agriculture
2  may require the premises to be segregated into separate areas
3  for conducting the activities permitted under each license as
4  is necessary to protect the public health and safety.
5  (h) As is necessary to protect the public health and
6  safety, the Department of Financial and Professional
7  Regulation or the Department of Agriculture may require a
8  licensee to maintain general liability insurance in an amount
9  that the Department determines is reasonably affordable and
10  available for the purpose of protecting the licensee against
11  damages resulting from a cause of action related to activities
12  undertaken pursuant to the license held by the licensee.
13  (i) The Department of Financial and Professional
14  Regulation and the Department of Agriculture shall develop and
15  maintain a system for tracking the transfer of psilocybin
16  products between premises for which licenses have been issued
17  under this Act. The purposes of the system include, but are not
18  limited to, the following:
19  (1) preventing the diversion of psilocybin products to
20  other states;
21  (2) preventing persons from substituting or tampering
22  with psilocybin products;
23  (3) ensuring an accurate accounting of the production,
24  processing, and sale of psilocybin products;
25  (4) ensuring that laboratory testing results are
26  accurately reported; and

 

 

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1  (5) ensuring compliance with this Act, rules adopted
2  under this Act, and any other law of this State that
3  charges the Department with a duty, function, or power
4  related to psilocybin.
5  (j) The system developed under subsection (i) must be
6  capable of tracking, at a minimum, the following:
7  (1) the manufacturing of psilocybin products;
8  (2) the sale of psilocybin products by a service
9  center operator to a client;
10  (3) the sale and purchase of psilocybin products
11  between licensees, as permitted by this Act;
12  (4) the transfer of psilocybin products between
13  premises for which licenses have been issued under this
14  Act; and
15  (5) any other information that the Department
16  determines is reasonably necessary to accomplish the
17  duties, functions, and powers of the Department under this
18  Act.
19  (k) Except as otherwise provided by law, the Department of
20  Financial and Professional Regulation and the Department of
21  Agriculture have any power, and may perform any function,
22  necessary for the Departments to prevent the diversion of
23  psilocybin products from licensees to a source that is not
24  operating legally under the laws of this State.
25  (l) In addition to any other disciplinary action available
26  to the Department of Financial and Professional Regulation and

 

 

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1  the Department of Agriculture under this Act, either
2  Department may immediately restrict, suspend, or refuse to
3  renew a license issued under this Act if circumstances create
4  probable cause for the Department to conclude that a licensee
5  has purchased or received a psilocybin product from an
6  unlicensed source or that a licensee has sold, stored, or
7  transferred a psilocybin product in a manner that is not
8  permitted by the licensee's license.
9  (m) The Department of Financial and Professional
10  Regulation or the Department of Agriculture may require a
11  licensee or applicant for a license under this Act to submit,
12  in a form and manner prescribed by the Department, to the
13  Department a sworn statement showing the following:
14  (1) The name and address of each person who has a
15  financial interest in the business operating or to be
16  operated under the license.
17  (2) The nature and extent of the financial interest of
18  each person who has a financial interest in the business
19  operating or to be operated under the license.
20  (3) The Department of Financial and Professional
21  Regulation or the Department of Agriculture may refuse to
22  issue, or may suspend, revoke, or refuse to renew, a
23  license issued under this Act if the Department determines
24  that a person who has a financial interest in the business
25  operating or to be operated under the license committed or
26  failed to commit an act that would constitute grounds for

 

 

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1  the Department to refuse to issue, or to suspend, revoke,
2  or refuse to renew, the license if the person is the
3  licensee or applicant for the license.
4  (n) Notwithstanding the lapse, suspension, or revocation
5  of a license issued under this Act, the Department of
6  Financial and Professional Regulation and the Department of
7  Agriculture may perform the following:
8  (1) proceed with any investigation of, or any action
9  or disciplinary proceeding against, the person who held
10  the license;
11  (2) revise or render void an order suspending or
12  revoking the license; and
13  (3) in cases involving the proposed denial of a
14  license applied for under this Act, the applicant for
15  licensure may not withdraw the applicant's application.
16  (o) Notwithstanding the lapse, suspension, or revocation
17  of a permit issued under Section 180, the Department of
18  Financial and Professional Regulation and the Department of
19  Agriculture may perform the following:
20  (1) proceed with any investigation of, or any action
21  or disciplinary proceeding against, the person who held
22  the permit;
23  (2) revise or render void an order suspending or
24  revoking the permit; and
25  (3) in cases involving the proposed denial of a permit
26  applied for under Section 180, the applicant may not

 

 

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1  withdraw the applicant's application.
2  (p) The Department of Financial and Professional
3  Regulation and the Department of Agriculture may, by rule or
4  order, provide for the manner and conditions under which the
5  following occur:
6  (1) psilocybin products left by a deceased, insolvent,
7  or bankrupt person or licensee, or subject to a security
8  interest, may be foreclosed, sold under execution, or
9  otherwise disposed of;
10  (2) the business of a deceased, insolvent, or bankrupt
11  licensee may be operated for a reasonable period following
12  the death, insolvency, or bankruptcy; and
13  (3) a secured party may continue to operate at the
14  premises for which a license has been issued under this
15  Act for a reasonable period after default on the
16  indebtedness by the debtor.
17  Section 160. Conduct of licensees; prohibitions.
18  (a) A psilocybin product manufacturer that holds a license
19  under Section 80 may not manufacture psilocybin products
20  outdoors.
21  (b) A psilocybin product manufacturer that holds a license
22  under Section 80 may deliver psilocybin products only to or on
23  premises for which a license has been issued under Section 80
24  or Section 95 and may receive psilocybin products only from a
25  psilocybin product manufacturer that holds a license under

 

 

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1  Section 80.
2  (c) A service center operator that holds a license under
3  Section 95 may deliver psilocybin products only to or on
4  premises for which a license has been issued under Section 95
5  and may receive psilocybin products only from a psilocybin
6  product manufacturer that holds a license under Section 80 or
7  a service center operator that holds a license under Section
8  95.
9  (d) The sale of psilocybin products to a client by a
10  service center operator that holds a license issued under
11  Section 95 must be restricted to the premises for which the
12  license has been issued.
13  (e) The Department of Financial and Professional
14  Regulation or the Department of Agriculture may by order waive
15  the requirements of subsections (b) and (c) to ensure
16  compliance with this Act or a rule adopted under this Act. An
17  order issued under this subsection does not constitute a
18  waiver of any other requirement of this Act or any other rule
19  adopted under this Act.
20  (f) A licensee or licensee representative may not sell or
21  deliver a psilocybin product to a person under 18 years of age.
22  (g) Subject to subsection (h), a licensee or licensee
23  representative, before selling or providing a psilocybin
24  product to another person, must require the person to produce
25  one of the following pieces of identification:
26  (1) The person's passport.

 

 

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1  (2) The person's driver's license, issued by the State
2  of Illinois or another state of the United States.
3  (3) An identification card issued by the State of
4  Illinois.
5  (4) A United States military identification card.
6  (5) An identification card issued by a federally
7  recognized Indian tribe.
8  (6) Any other identification card issued by a state or
9  territory of the United States that bears a picture of the
10  person, the name of the person, the person's date of
11  birth, and a physical description of the person.
12  (h) The Department may adopt rules exempting a licensee or
13  licensee representative from the provisions of subsection (g).
14  (i) A client may not be required to procure for the purpose
15  of acquiring or purchasing a psilocybin product a piece of
16  identification other than a piece of identification described
17  in subsection (g).
18  (j) A service center operator, a facilitator, or any
19  employee of a service center operator or facilitator may not
20  disclose any information that may be used to identify a client
21  or any communication made by a client during the course of
22  providing psilocybin services or selling psilocybin products
23  to the client, except for the following:
24  (1) When the client or a person authorized to act on
25  behalf of the client gives consent to the disclosure.
26  (2) When the client initiates legal action or makes a

 

 

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1  complaint against the service center operator, the
2  facilitator, or the employee.
3  (3) When the communication reveals the intent to
4  commit a crime harmful to the client or others.
5  (4) When the communication reveals that a minor may
6  have been a victim of a crime or physical, sexual, or
7  emotional abuse or neglect.
8  (5) When responding to an inquiry by the Department
9  made during the course of an investigation into the
10  conduct of the service center operator, the facilitator,
11  or the employee under this Act.
12  (k) A client may purchase a psilocybin product only at a
13  service center.
14  (l) A licensee may not employ a person under 18 years of
15  age at premises for which a license has been issued under this
16  Act.
17  (m) During an inspection of premises for which a license
18  has been issued under this Act, the Department of Financial
19  and Professional Regulation or the Department of Agriculture
20  may require proof that a person performing work at the
21  premises is 18 years of age or older. If the person does not
22  provide the Department with acceptable proof of age upon
23  request, the Department may require the person to immediately
24  cease any activity and leave the premises until the Department
25  receives acceptable proof of age. This subsection does not
26  apply to a person temporarily at the premises to make a

 

 

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1  service, maintenance, or repair call or for other purposes
2  independent of the premises operations.
3  (n) If a person performing work has not provided proof of
4  age requested by the Department of Financial and Professional
5  Regulation or the Department of Agriculture under subsection
6  (m), the Department may request that the licensee provide
7  proof that the person is 18 years of age or older. Failure of
8  the licensee to respond to a request made under this
9  subsection by providing acceptable proof of age for a person
10  is prima facie evidence that the licensee has allowed the
11  person to perform work at the premises for which a license has
12  been issued under this Act in violation of the minimum age
13  requirement.
14  (o) A licensee may not use or allow the use of a mark or
15  label on the container of a psilocybin product that is kept for
16  sale if the mark or label does not precisely and clearly
17  indicate the nature of the container's contents or if the mark
18  or label in any way might deceive a person about the nature,
19  composition, quantity, age, or quality of the container's
20  contents.
21  (p) The Department of Financial and Professional
22  Regulation or the Department of Agriculture may prohibit a
23  licensee from selling any psilocybin product that, in the
24  Department's judgment, is deceptively labeled or contains
25  injurious or adulterated ingredients.

 

 

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1  Section 165. Psilocybin product prohibitions.
2  (a) A psilocybin product may not be sold or offered for
3  sale within this State unless the psilocybin product complies
4  with the minimum standards under the laws of this State.
5  (b) The Department of Financial and Professional
6  Regulation or the Department of Agriculture may prohibit the
7  sale of a psilocybin product by a service center operator for a
8  reasonable period of time, not exceeding 90 days, for the
9  purpose of determining whether the psilocybin product complies
10  with the minimum standards prescribed by the laws of this
11  State.
12  (c) A person may not make false representations or
13  statements to the Department of Financial and Professional
14  Regulation or the Department of Agriculture in order to induce
15  or prevent action by the Department.
16  (d) A licensee may not maintain a noisy, lewd, unsafe, or
17  unsanitary establishment or supply impure or otherwise
18  deleterious psilocybin products.
19  (e) A licensee may not misrepresent to a person or to the
20  public any psilocybin products.
21  Section 170. Purpose of licenses issued under this Act. A
22  license issued under this Act serves the purpose of exempting
23  the person who holds the license from the criminal laws of this
24  State for possession, delivery, or manufacture of psilocybin
25  products if the person complies with all State laws and rules

 

 

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1  applicable to the licensee.
2  Section 171. Investigations.
3  (a) Manufacturers, service centers, and laboratories that
4  conduct testing of psilocybin products are subject to random
5  and unannounced dispensary inspections and psilocybin testing
6  by the Department of Financial and Professional Regulation,
7  Department of Agriculture, the Illinois State Police, local
8  law enforcement, or as provided by rule.
9  (b) The Department of Financial and Professional
10  Regulation, Department of Agriculture and their authorized
11  representatives may enter any place, including a vehicle, in
12  which psilocybin is held, stored, dispensed, sold, produced,
13  delivered, transported, manufactured, or disposed of and
14  inspect, in a reasonable manner, the place and all pertinent
15  equipment, containers and labeling, and all things including
16  records, files, financial data, sales data, shipping data,
17  pricing data, personnel data, research, papers, processes,
18  controls, and facility, and inventory any stock of psilocybin
19  and obtain samples of any psilocybin or psilocybin-infused
20  product, any labels or containers for psilocybin, or
21  paraphernalia.
22  (c) The Department of Financial and Professional
23  Regulation or Department of Agriculture may conduct an
24  investigation of an applicant, application, service center,
25  manufacturer, manufacturer agent, licensed laboratory that

 

 

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1  conducts testing of a psilocybin product, principal officer,
2  facilitator, service center agent, third party vendor, or any
3  other party associated with a service center, facilitator,
4  manufacturer, or laboratory that conducts testing of
5  psilocybin for an alleged violation of this Act or rules or to
6  determine qualifications to be granted a registration by the
7  Department of Financial and Professional Regulation or
8  Department of Agriculture.
9  (d) The Department of Financial or Professional Regulation
10  or Department of Agriculture may require an applicant or
11  holder of any license issued pursuant to this Article to
12  produce documents, records, or any other material pertinent to
13  the investigation of an application or alleged violations of
14  this Act or rules. Failure to provide the required material
15  may be grounds for denial or discipline.
16  (e) Every person charged with preparation, obtaining, or
17  keeping records, logs, reports, or other documents in
18  connection with this Act and rules and every person in charge,
19  or having custody, of those documents shall, upon request by
20  the Department of Financial and Professional Regulation or
21  Department of Agriculture, make the documents immediately
22  available for inspection and copying by either Department,
23  either Department's authorized representative, or others
24  authorized by law to review the documents.
25  Section 172. Citations. The Department of Financial or

 

 

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1  Professional Regulation or Department of Agriculture may issue
2  nondisciplinary citations for minor violations. Any such
3  citation issued by the Department of Financial or Professional
4  Regulation or Department of Agriculture may be accompanied by
5  a fee. The fee shall not exceed $20,000 per violation. The
6  citation shall be issued to the licensee and shall contain the
7  licensee's name and address, the licensee's license number, a
8  brief factual statement, the Sections of the law allegedly
9  violated, and the fee, if any, imposed. The citation must
10  clearly state that the licensee may choose, in lieu of
11  accepting the citation, to request a hearing. If the licensee
12  does not dispute the matter in the citation with the
13  Department of Financial or Professional Regulation or
14  Department of Agriculture within 30 days after the citation is
15  served, then the citation shall become final and not subject
16  to appeal. The penalty shall be a fee or other conditions as
17  established by rule.
18  Section 173. Grounds for discipline.
19  (a) The Department of Financial or Professional Regulation
20  or Department of Agriculture may deny issuance, refuse to
21  renew or restore, or may reprimand, place on probation,
22  suspend, revoke, or take other disciplinary or nondisciplinary
23  action against any license or may impose a fine for any of the
24  following:
25  (1) material misstatement in furnishing information to

 

 

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1  the Department;
2  (2) violations of this Act or rules;
3  (3) obtaining an authorization or license by fraud or
4  misrepresentation;
5  (4) a pattern of conduct that demonstrates
6  incompetence or that the applicant has engaged in conduct
7  or actions that would constitute grounds for discipline
8  under this Act;
9  (5) aiding or assisting another person in violating
10  any provision of this Act or rules;
11  (6) failing to respond to a written request for
12  information by the Department within 30 days;
13  (7) engaging in unprofessional, dishonorable, or
14  unethical conduct of a character likely to deceive,
15  defraud, or harm the public;
16  (8) adverse action by another United States
17  jurisdiction or foreign nation;
18  (9) a finding by the Department that the licensee,
19  after having his or her license placed on suspended or
20  probationary status, has violated the terms of the
21  suspension or probation;
22  (10) conviction, entry of a plea of guilty, nolo
23  contendere, or the equivalent in a State or federal court
24  of a principal officer or agent-in-charge of a felony
25  offense in accordance with Sections 2105-131, 2105-135,
26  and 2105-205 of the Department of Professional Regulation

 

 

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1  Law of the Civil Administrative Code of Illinois;
2  (11) excessive use of or addiction to alcohol,
3  narcotics, stimulants, or any other chemical agent or
4  drug;
5  (12) a finding by the Department of a discrepancy in a
6  Department audit of psilocybin;
7  (13) a finding by the Department of a discrepancy in a
8  Department audit of capital or funds;
9  (14) a finding by the Department of acceptance of
10  psilocybin from a source other than a manufacturer
11  licensed by the Department of Agriculture, or a service
12  center licensed by the Department;
13  (15) an inability to operate using reasonable
14  judgment, skill, or safety due to physical or mental
15  illness or other impairment or disability, including,
16  without limitation, deterioration through the aging
17  process or loss of motor skills or mental incompetence;
18  (16) failing to report to the Department within the
19  time frames established, or if not identified, no later
20  than 14 days after an adverse action, of any adverse
21  action taken against the dispensing organization or an
22  agent by a licensing jurisdiction in any state or any
23  territory of the United States or any foreign
24  jurisdiction, any governmental agency, any law enforcement
25  agency or any court defined in this Section;
26  (17) any violation of the dispensing organization's

 

 

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1  policies and procedures submitted to the Department
2  annually as a condition for licensure;
3  (18) failure to inform the Department of any change of
4  address no later than 10 business days after the change of
5  address occurs;
6  (19) disclosing customer names, personal information,
7  or protected health information in violation of any State
8  or federal law;
9  (20) operating a service center or manufacturing
10  psilocybin before obtaining a license from the appropriate
11  Department;
12  (21) performing duties authorized by this Act prior to
13  receiving a license to perform such duties;
14  (22) dispensing psilocybin when prohibited by this Act
15  or rules;
16  (23) any fact or condition that, if it had existed at
17  the time of the original application for the license,
18  would have warranted the denial of the license;
19  (24) permitting a person without a valid license to
20  perform licensed activities under this Act;
21  (25) failure to assign an agent-in-charge as required
22  by this Article;
23  (26) failure to provide any training required by the
24  Department within the provided timeframe;
25  (27) personnel insufficient in number or unqualified
26  in training or experience to properly operate the service

 

 

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1  center or manufacturer;
2  (28) any pattern of activity that causes a harmful
3  impact on the community; and
4  (29) failing to prevent diversion, theft, or loss of
5  psilocybin.
6  (b) All fines and fees imposed under this Section shall be
7  paid no later than 60 days after the effective date of the
8  order imposing the fine or as otherwise specified in the
9  order.
10  (c) A circuit court order establishing that facilitator,
11  service center operator, or principal officer of a service
12  center, manufacturer, or laboratory conducting psilocybin
13  testing is subject to involuntary admission as that term is
14  defined in Section 1-119 or 1-119.1 of the Mental Health and
15  Developmental Disabilities Code shall operate as a suspension
16  of that license.
17  Section 174. Temporary suspension, service center and
18  facilitators.
19  (a) The Secretary of Financial and Professional Regulation
20  may temporarily suspend a service center or facilitator
21  license without a hearing if the Secretary finds that public
22  safety or welfare requires emergency action. The Secretary
23  shall cause the temporary suspension by issuing a suspension
24  notice in connection with the institution of proceedings for a
25  hearing.

 

 

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1  (b) If the Secretary temporarily suspends a license
2  without a hearing, the licensee or its agent is entitled to a
3  hearing within 45 days after the suspension notice has been
4  issued. The hearing shall be limited to the issues cited in the
5  suspension notice, unless all parties agree otherwise.
6  (c) If the Department does not hold a hearing within 45
7  days after the date the suspension notice was issued, then the
8  suspended license shall be automatically reinstated and the
9  suspension vacated.
10  (d) The suspended licensee or its agent may seek a
11  continuance of the hearing date, during which time the
12  suspension remains in effect and the license shall not be
13  automatically reinstated.
14  (e) Subsequently discovered causes of action by the
15  Department after the issuance of the suspension notice may be
16  filed as a separate notice of violation. The Department is not
17  precluded from filing a separate action against the suspended
18  licensee or its agent.
19  Section 175. Temporary suspension; manufacturer or
20  laboratory.
21  (a) The Director of Agriculture may temporarily suspend a
22  manufacturing or laboratory testing license without a hearing
23  if the Secretary finds that public safety or welfare requires
24  emergency action. The Secretary shall cause the temporary
25  suspension by issuing a suspension notice in connection with

 

 

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1  the institution of proceedings for a hearing.
2  (b) If the Secretary temporarily suspends a license
3  without a hearing, the licensee or its agent is entitled to a
4  hearing within 45 days after the suspension notice has been
5  issued. The hearing shall be limited to the issues cited in the
6  suspension notice, unless all parties agree otherwise.
7  (c) If the Department does not hold a hearing within 45
8  days after the date the suspension notice was issued, then the
9  suspended license shall be automatically reinstated and the
10  suspension vacated.
11  (d) The suspended licensee or its agent may seek a
12  continuance of the hearing date, during which time the
13  suspension remains in effect and the license shall not be
14  automatically reinstated.
15  (e) Subsequently discovered causes of action by the
16  Department after the issuance of the suspension notice may be
17  filed as a separate notice of violation. The Department is not
18  precluded from filing a separate action against the suspended
19  licensee or agent.
20  Section 176. Unlicensed practice; violation; civil
21  penalty.
22  (a) In addition to any other penalty provided by law, any
23  person who practices, offers to practice, attempts to
24  practice, or holds oneself out to practice as a licensed
25  service center, facilitator, manufacturer, or laboratory

 

 

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1  licensed to test psilocybin without being licensed under this
2  Act shall, in addition to any other penalty provided by law,
3  pay a civil penalty to the appropriate Department authorized
4  to issue such license in an amount not to exceed $10,000 for
5  each offense as determined by that Department. The civil
6  penalty shall be assessed by the appropriate Department after
7  a hearing is held in accordance with the provisions set forth
8  in this Act regarding the provision of a hearing for the
9  discipline of a licensee.
10  (b) The Department of Financial and Professional
11  Regulation and the Department of Agriculture have the
12  authority and power to investigate any and all unlicensed
13  activity.
14  (c) The civil penalty shall be paid within 60 days after
15  the effective date of the order imposing the civil penalty or
16  in accordance with the order imposing the civil penalty. The
17  order shall constitute a judgment and may be filed and
18  execution had thereon in the same manner as any judgment from
19  any court of this State.
20  Section 177. Notice; hearing.
21  (a) The Department conducting the disciplinary action
22  shall, before disciplining an applicant or licensee, at least
23  30 days before the date set for the hearing: (i) notify the
24  accused in writing of the charges made and the time and place
25  for the hearing on the charges; (ii) direct him or her to file

 

 

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1  a written answer to the charges under oath no later than 20
2  days after service; and (iii) inform the applicant or licensee
3  that failure to answer will result in a default being entered
4  against the applicant or licensee.
5  (b) At the time and place fixed in the notice, the hearing
6  officer appointed by the Secretary or Director of such
7  Department shall proceed to hear the charges, and the parties
8  or their counsel shall be accorded ample opportunity to
9  present any pertinent statements, testimony, evidence, and
10  arguments. The hearing officer may continue the hearing from
11  time to time. In case the person, after receiving the notice,
12  fails to file an answer, the person's license may, in the
13  discretion of the Secretary or Director, having first received
14  the recommendation of the hearing officer, be suspended,
15  revoked, or placed on probationary status, or be subject to
16  whatever disciplinary action the Secretary considers proper,
17  including a fine, without hearing, if that act or acts charged
18  constitute sufficient grounds for that action under this Act.
19  (c) The written notice and any notice in the subsequent
20  proceeding may be served by regular mail or email to the
21  licensee's or applicant's address of record.
22  Section 178. Subpoenas; oaths. The Department of Financial
23  and Professional Regulation and the Department of Agriculture
24  shall have the power to subpoena and bring before it any person
25  and to take testimony either orally or by deposition, or both,

 

 

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1  with the same fees and mileage and in the same manner as
2  prescribed by law in judicial proceedings in civil cases in
3  courts in this State. The Secretary, Director, or the hearing
4  officer shall each have the power to administer oaths to
5  witnesses at any hearings that the Departments are authorized
6  to conduct.
7  Section 179. Hearing; motion for rehearing.
8  (a) The hearing officer shall hear evidence in support of
9  the formal charges and evidence produced by the licensee. At
10  the conclusion of the hearing, the hearing officer shall
11  present to the Secretary a written report of the hearing
12  officer's findings of fact, conclusions of law, and
13  recommendations.
14  (b) At the conclusion of the hearing, a copy of the hearing
15  officer's report shall be served upon the applicant or
16  licensee by the Department of Financial and Professional
17  Regulation or the Department of Agriculture, either personally
18  or as provided in this Act for the service of a notice of
19  hearing. No later than 20 calendar days after service, the
20  applicant or licensee may present to the applicable Department
21  a motion in writing for rehearing, which shall specify the
22  particular grounds for rehearing. The applicable Department
23  may respond to the motion for rehearing within 20 calendar
24  days after its service on such Department. If no motion for
25  rehearing is filed, then, upon the expiration of the time

 

 

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1  specified for filing such motion or upon denial of a motion for
2  rehearing, the Secretary or Director may enter an order in
3  accordance with the recommendation of the hearing officer. If
4  the applicant or licensee orders from the reporting service
5  and pays for a transcript of the record within the time for
6  filing a motion for rehearing, the 20-day period within which
7  a motion may be filed shall commence upon the delivery of the
8  transcript to the applicant or licensee.
9  (c) If the Secretary or Director disagrees in any regard
10  with the report of the hearing officer, the Secretary or
11  Director may issue an order contrary to the report.
12  (d) Whenever the Secretary or Director is not satisfied
13  that substantial justice has been done, the Secretary or
14  Director may order a rehearing by the same or another hearing
15  officer.
16  (e) At any point in any investigation or disciplinary
17  proceeding under this Act, both parties may agree to a
18  negotiated consent order. The consent order shall be final
19  upon signature of the Secretary or Director, as applicable.
20  Section 180. Issuing and renewing permits; fees; rules.
21  (a) The Department shall issue permits to qualified
22  applicants to perform work described in Section 175. The
23  Department shall adopt rules establishing the following:
24  (1) The qualifications for performing work described
25  in Section 175.

 

 

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1  (2) The term of a permit issued under this Section.
2  (3) Procedures for applying for and renewing a permit
3  issued under this Section.
4  (4) Reasonable application, issuance, and renewal fees
5  for a permit issued under this Section.
6  (b) The Department of Financial and Professional
7  Regulation or the Department of Agriculture may require an
8  individual applying for a permit under this Section to
9  successfully complete a course, made available by or through
10  that Department, through which the individual receives
11  training on the following:
12  (1) checking identification;
13  (2) detecting intoxication;
14  (3) handling psilocybin products;
15  (4) if applicable, the manufacturing of psilocybin
16  products;
17  (5) the content of this Act and rules adopted under
18  this Act; and
19  (6) any matter deemed necessary by the Department to
20  protect the public health and safety.
21  (c) A Department or other provider of a course may charge a
22  reasonable fee for the course described under subsection (b).
23  (d) The Department of Financial and Professional
24  Regulation or the Department of Agriculture may not require an
25  individual to successfully complete a course described under
26  subsection (b) more than once, except for the following:

 

 

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1  (1) As part of a final order suspending a permit
2  issued under this Section, the Department may require a
3  permit holder to successfully complete the course as a
4  condition of lifting the suspension.
5  (2) As part of a final order revoking a permit issued
6  under this Section, the Department shall require an
7  individual to successfully complete the course prior to
8  applying for a new permit.
9  (e) The Department shall conduct a criminal records check
10  on an individual applying for a permit under this Section.
11  (f) Subject to applicable provisions of Illinois law, the
12  Department of Financial and Professional Regulation or the
13  Department of Agriculture may suspend, revoke, or refuse to
14  issue or renew a permit if the individual who is applying for
15  or who holds the permit meets any of the following:
16  (1) Is convicted of a felony, or is convicted of an
17  offense under this Act, except that the Department may not
18  consider a conviction for an offense under this Act if the
19  date of the conviction is 2 or more years before the date
20  of the application or renewal.
21  (2) Violates any provision of this Act or any rule
22  adopted under this Act.
23  (3) Makes a false statement to the Department.
24  (g) A permit issued under this Section is a personal
25  privilege and permits work described under Section 175 only
26  for the individual who holds the permit.

 

 

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1  Section 185. Authority to require fingerprints. The
2  Department of Agriculture or the Department of Financial and
3  Professional Regulation, through the Illinois State Police,
4  may require the fingerprints of any individual listed on an
5  application submitted under Section 180 for purposes of
6  conducting a background check. The Department of Agriculture
7  or the Department of Financial Professional Regulation may
8  require fingerprints to be submitted for a background check
9  prior to or after the submission of an application. The
10  Illinois State Police shall charge a fee for conducting the
11  criminal history record check, which shall be deposited into
12  the State Police Services Fund and shall not exceed the actual
13  cost of the record check. In order to carry out this provision,
14  an individual listed on an application submitted under Section
15  180 may be required to submit a full set of fingerprints to the
16  Illinois State Police for the purpose of obtaining a State and
17  federal criminal records check. These fingerprints shall be
18  checked against the fingerprint records now and hereafter, to
19  the extent allowed by law, filed in the Illinois State Police
20  and Federal Bureau of Investigation criminal history records
21  databases. The Illinois State Police shall furnish, following
22  positive identification, all Illinois conviction information
23  to the Department of Agriculture or the Department of
24  Financial and Professional Regulation.

 

 

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1  Section 190. Psilocybin Control and Regulation Fund. The
2  Psilocybin Control and Regulation Fund is established as a
3  special fund in the State treasury. Interest earned by the
4  Psilocybin Control and Regulation Fund shall be credited to
5  the Fund.
6  Section 195. Prohibited conduct.
7  (a) Except as authorized by rule, or as necessary in an
8  emergency, a person under 18 years of age may not enter or
9  attempt to enter any portion of premises posted or otherwise
10  identified as being prohibited to the use of persons under 18
11  years of age.
12  (b) A person who violates subsection (a) commits a Class B
13  misdemeanor.
14  (c) The prohibitions of this Section do not apply to a
15  person under 18 years of age who is acting under the direction
16  of the Department of Financial and Professional Regulation or
17  the Department of Agriculture or under the direction of a
18  State or local law enforcement agency for the purpose of
19  investigating the possible violation of a law prohibiting the
20  sale of a psilocybin product to a person who is under 18 years
21  of age.
22  (d) The prohibitions of this Section do not apply to a
23  person under 18 years of age who is acting under the direction
24  of a licensee for the purpose of investigating possible
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1  sales of psilocybin products to persons who are under 18 years
2  of age.
3  (e) A person under 18 years of age is not in violation of,
4  and is immune from prosecution under, this Section if either
5  of the following occurred:
6  (1) The person contacted emergency medical services or
7  a law enforcement agency in order to obtain medical
8  assistance for another person who was in need of medical
9  assistance because that person consumed a psilocybin
10  product and the evidence of the violation was obtained as
11  a result of the person having contacted emergency medical
12  services or a law enforcement agency.
13  (2) The person was in need of medical assistance
14  because the person consumed a psilocybin product and the
15  evidence of the violation was obtained as a result of the
16  person having sought or obtained the medical assistance.
17  (f) Subsection (e) does not exclude the use of evidence
18  obtained as a result of a person having sought medical
19  assistance in proceedings for crimes or offenses other than a
20  violation of this Section.
21  Section 200. Prohibition against giving psilocybin
22  products to a person who is visibly intoxicated; penalty.
23  (a) A person may not sell, give, or otherwise make
24  available a psilocybin product to a person who is visibly
25  intoxicated.

 

 

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1  (b) Violation of this Section is a Class A misdemeanor.
2  Section 205. Prohibition against giving psilocybin product
3  as prize; penalty.
4  (a) A psilocybin product may not be given as a prize,
5  premium, or consideration for a lottery, contest, game of
6  chance, game of skill, or competition of any kind.
7  (b) Violation of this Section is a Class A misdemeanor.
8  Section 210. Civil enforcement. In addition to any other
9  liability or penalty provided by law, the Department of
10  Financial and Professional Regulation or the Department of
11  Agriculture may impose for each violation of a provision of
12  this Act or a rule adopted under this Act a civil penalty that
13  does not exceed $5,000 for each violation. Moneys collected
14  under this Section shall be deposited into the Psilocybin
15  Control and Regulation Fund.
16  Section 215. Criminal enforcement.
17  (a) The law enforcement officers of this State may enforce
18  this Act and assist the Department of Financial and
19  Professional Regulation or the Department of Agriculture in
20  detecting violations of this Act and apprehending offenders. A
21  law enforcement officer who has notice, knowledge, or
22  reasonable grounds for suspicion of a violation of this Act
23  shall immediately notify the State's Attorney who has

 

 

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1  jurisdiction over the violation and furnish the State's
2  Attorney who has jurisdiction over the violation with the name
3  and address of any witnesses to the violation or other
4  information related to the violation.
5  (b) A county court, State's Attorney, or municipal
6  authority, immediately upon the conviction of a licensee of a
7  violation of this Act or of a violation of any other law of
8  this State or ordinance of a city or county located in this
9  State, an element of which is the possession, delivery, or
10  manufacture of a psilocybin product, shall notify the
11  Department of the conviction.
12  (c) Violation of a rule adopted under paragraph (3) of
13  subsection (b) of Section 35 is a Class C misdemeanor.
14  Section 220. Home rule; licensure. The authority to
15  require a license for the manufacturing or sale of psilocybin
16  products in this State or for the provision of psilocybin
17  services in this State is an exclusive power and function of
18  the State. A home rule unit may not license the manufacture,
19  sale, or provision of psilocybin products. This Section is a
20  denial and limitation of home rule powers and functions under
21  subsection (h) of Section 6 of Article VII of the Illinois
22  Constitution.
23  Section 225. Local tax or fee prohibited.
24  (a) The authority to impose a tax or fee on the

 

 

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1  manufacturing, sale, or provision of psilocybin products in
2  this State or on the provision of psilocybin services in this
3  State is an exclusive power and function of the State. A home
4  rule unit may not impose a tax or fee on the manufacture, sale,
5  or provision of psilocybin products. This Section is a denial
6  and limitation of home rule powers and functions under
7  subsection (g) of Section 6 of Article VII of the Illinois
8  Constitution.
9  (b) A county, municipality, or unit of local government
10  may not adopt or enact ordinances imposing a tax or fee on the
11  manufacturing or sale of psilocybin products in this State or
12  on the provision of psilocybin services in this State.
13  Section 230. Prohibition against refusing to perform
14  certain duties.
15  (a) The Department of Public Health, the Department of
16  Agriculture, the Department of Financial and Professional
17  Regulation, the Illinois State Police, and the Department of
18  Revenue may not refuse to perform any duty under this Act on
19  the basis that manufacturing, distributing, dispensing,
20  possessing, or using psilocybin products is prohibited by
21  federal law.
22  (b) The Department of Financial and Professional
23  Regulation or the Department of Agriculture may not revoke,
24  refuse to issue, or renew a license or permit under this Act on
25  the basis that manufacturing, distributing, dispensing,

 

 

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1  possessing, or using psilocybin products is prohibited by
2  federal law.
3  Section 235. Authority to purchase, possess, seize, or
4  dispose of psilocybin products. Subject to any applicable
5  provision of Illinois law, any State officer, board,
6  commission, corporation, institution, department, or other
7  State body, and any local officer, board, commission,
8  institution, department, or other local government body, that
9  is authorized by the laws of this State to perform a duty,
10  function, or power with respect to a psilocybin product may
11  purchase, possess, seize, or dispose of the psilocybin product
12  as the State officer, board, commission, corporation,
13  institution, department, or other State body or the local
14  officer, board, commission, institution, department, or other
15  local government body considers necessary to ensure compliance
16  with and enforce the applicable State law or any rule adopted
17  under the applicable State law.
18  Section 240. Suspension of a license or permit without
19  notice. In the case of an invasion, disaster, insurrection,
20  riot, or imminent danger of invasion, disaster, insurrection,
21  or riot, the Governor may, for the duration of the invasion,
22  disaster, insurrection, riot, or imminent danger, immediately
23  and without notice, suspend, in the area involved, any license
24  or permit issued under this Act.

 

 

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1  Section 245. Psilocybin-producing fungi as a crop.
2  (a) In this Section, "psilocybin-producing fungi" means:
3  (1) a crop for the purposes of agricultural use;
4  (2) a crop for purposes of a farm or agricultural
5  practice;
6  (3) a product of farm use; and
7  (4) the product of an agricultural activity.
8  (b) Notwithstanding the provisions of any law to the
9  contrary, the following are not permitted uses on land
10  designated for exclusive agriculture use:
11  (1) a new dwelling used in conjunction with a
12  psilocybin-producing fungi crop; and
13  (2) a produce stand used in conjunction with a
14  psilocybin-producing fungi crop.
15  (c) The operation of a service center may be carried on in
16  conjunction with a psilocybin-producing fungi crop.
17  (d) A county may allow the manufacture of psilocybin
18  products as an agricultural use on land zoned for agricultural
19  and rural land use in the same manner as the manufacture of
20  psilocybin products is allowed in exclusive agricultural use
21  zones under this Section or any other applicable State law.
22  (e) This Section applies to psilocybin product
23  manufacturers that hold a license under Section 80.
24  Section 250. Regulation of psilocybin products as food or

 

 

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1  other commodity.
2  (a) Notwithstanding the authority granted to the
3  Department of Agriculture under the provisions of any law to
4  the contrary, the Department of Agriculture may not exercise
5  authority over a psilocybin product or a licensee except as
6  provided in this Act.
7  (b) In exercising its authority under this Act, the
8  Department of Agriculture may not:
9  (1) establish standards for psilocybin products as a
10  food additive; or
11  (2) consider psilocybin products to be an adulterant
12  unless the concentration of a psilocybin product exceeds
13  acceptable levels established by the Department by rule.
14  Section 255. Enforceability of contracts. A contract is
15  not unenforceable on the basis that manufacturing,
16  distributing, dispensing, possessing, or using psilocybin
17  products is prohibited by federal law.
18  Section 260. Department database for verification of
19  license. The Department of Financial and Professional
20  Regulation and the Department of Agriculture shall maintain an
21  online database for people to inquire if an address is the
22  location of a premises for which a license has been issued
23  under this Act or is the location of a premises for which an
24  application for licensure has been submitted under Section 50.

 

 

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1  Section 265. Information related to licensure that is
2  exempt from disclosure.
3  (a) Subject to subsection (b), information is exempt from
4  public disclosure under the Freedom of Information Act if the
5  information is any of the following:
6  (1) Personally identifiable information.
7  (2) The address of premises for which a license has
8  been issued or for which an applicant has proposed
9  licensure under Section 80, 95, or 275.
10  (3) Related to the security plan or the operational
11  plan for premises for which a license has been issued or
12  for which an applicant has proposed licensure under
13  Section 80, 95, or 275.
14  (4) Related to any record that the Department of
15  Financial and Professional Regulation or the Department of
16  Agriculture determines contains proprietary information of
17  a licensee.
18  (b) The exemption from public disclosure as provided by
19  this Section does not apply to the following:
20  (1) the name of an individual listed on an application
21  if the individual is a direct owner of the business
22  operating or to be operated under the license; or
23  (2) a request for information if the request is made
24  by a law enforcement agency.
25  (c) For purposes of paragraph (1) of subsection (b), an

 

 

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1  individual is not a direct owner of the business operating or
2  to be operated under the license if the individual is either of
3  the following:
4  (1) the direct owner of the business operating or to
5  be operated under the license is a legal entity; or
6  (2) merely a general partner, limited partner, member,
7  shareholder, or other direct or indirect owner of the
8  legal entity.
9  Section 270. Testing standards and processes; rules.
10  (a) As is necessary to protect the public health and
11  safety, the Department of Agriculture shall adopt rules that
12  achieve the following:
13  (1) Establish standards for testing psilocybin
14  products.
15  (2) Identify appropriate tests for psilocybin
16  products, depending on the type of psilocybin product and
17  the manner in which the psilocybin product was
18  manufactured, that are necessary to protect the public
19  health and safety, which may include, but are not limited
20  to, tests for the following:
21  (A) microbiological contaminants;
22  (B) pesticides;
23  (C) other contaminants;
24  (D) solvents or residual solvents;
25  (E) psilocybin concentration;

 

 

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1  (F) psilocin concentration; and
2  (G) total tryptamine concentration.
3  (3) Establish procedures for determining batch sizes
4  and for sampling psilocybin products.
5  (4) Establish different minimum standards for
6  different varieties of psilocybin products.
7  (b) In addition to the testing requirements established
8  under subsection (a), the Department may require psilocybin
9  products to be tested in accordance with any applicable law of
10  this State, or any applicable rule adopted under a law of this
11  State, related to the production and processing of food
12  products or commodities.
13  (c) In adopting rules under this Act, the Department may
14  require a psilocybin product manufacturer that holds a license
15  under Section 80 to test psilocybin products before selling or
16  transferring the psilocybin products.
17  (d) The Department may conduct random testing of
18  psilocybin products for the purpose of determining whether a
19  licensee subject to testing under subsection (c) is in
20  compliance with this Section.
21  (e) In adopting rules to implement this Section, the
22  Department may not require a psilocybin product to undergo the
23  same test more than once unless the psilocybin product is
24  processed into a different type of psilocybin product or the
25  condition of the psilocybin product has fundamentally changed.
26  (f) The testing of psilocybin products as required by this

 

 

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1  Section must be conducted by a laboratory licensed by the
2  Department under Section 275 and accredited by the Department
3  under Section 290.
4  (g) In adopting rules under subsection (a), the Department
5  shall consider the cost of a potential testing procedure and
6  how that cost will affect the cost to the ultimate client and
7  may not adopt rules that are more restrictive than is
8  reasonably necessary to protect the public health and safety.
9  Section 275. Laboratory licensure; qualifications; fees;
10  rules.
11  (a) A laboratory that conducts testing of psilocybin
12  products as required by Section 270 must have a license to
13  operate at the premises at which the psilocybin products are
14  tested.
15  (b) For purposes of this Section, the Department of
16  Agriculture shall adopt rules establishing the following:
17  (1) Qualifications to be licensed under this Section,
18  including that an applicant for licensure under this
19  Section must be accredited by the Department as described
20  in Section 290.
21  (2) Processes for applying for and renewing a license
22  under this Section.
23  (3) Fees for applying for, receiving, and renewing a
24  license under this Section.
25  (4) Procedures for the following:

 

 

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1  (A) tracking psilocybin products to be tested;
2  (B) documenting and reporting test results; and
3  (C) disposing of samples of psilocybin products
4  that have been tested.
5  (c) A license issued under this Section must be renewed
6  annually.
7  (d) The Department may inspect premises licensed under
8  this Section to ensure compliance with Sections 270 through
9  310 and rules adopted under those Sections.
10  (e) Subject to applicable provisions of Illinois law, the
11  Department may refuse to issue or renew, or may suspend or
12  revoke, a license issued under this Section for violation of a
13  provision of this Act or a rule adopted under a provision of
14  this Act.
15  (f) Fees adopted under paragraph (3) of subsection (b)
16  must be reasonably calculated to pay the expenses incurred by
17  the Department under this Act.
18  (g) Fees collected under this Section shall be deposited
19  into the Psilocybin Control and Regulation Fund and are
20  continuously appropriated to the Department for the purpose of
21  carrying out the duties, functions, and powers of the
22  Department under this Act.
23  Section 280. Authority to require fingerprints. The
24  Department of Agriculture, through the Illinois State Police,
25  may require the fingerprints of any individual listed on an

 

 

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1  application submitted under Section 275 for purposes of
2  conducting a background check. The Department of Agriculture
3  may require fingerprints to be submitted for a background
4  check prior to or after the submission of an application. The
5  Illinois State Police shall charge a fee for conducting the
6  criminal history record check, which shall be deposited into
7  the State Police Services Fund and shall not exceed the actual
8  cost of the record check. In order to carry out this provision,
9  an individual listed on an application submitted under Section
10  275 may be required to submit a full set of fingerprints to the
11  Illinois State Police for the purpose of obtaining a State and
12  federal criminal records check. These fingerprints shall be
13  checked against the fingerprint records now and hereafter, to
14  the extent allowed by law, filed in the Illinois State Police
15  and Federal Bureau of Investigation criminal history records
16  databases. The Illinois State Police shall furnish, following
17  positive identification, all Illinois conviction information
18  to the Department of Agriculture. The powers conferred on the
19  Department under this Section include the power to require the
20  fingerprints of the following persons:
21  (1) If the applicant is a limited partnership, each
22  general partner of the limited partnership.
23  (2) If the applicant is a manager-managed limited
24  liability company, each manager of the limited liability
25  company.
26  (3) If the applicant is a member-managed limited

 

 

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1  liability company, each voting member of the limited
2  liability company.
3  (4) If the applicant is a corporation, each director
4  and officer of the corporation.
5  (5) Any individual who holds a financial interest of
6  10% or more in the person applying for the license.
7  Section 285. Statement of applicant for laboratory
8  licensure. The Department of Agriculture may require a
9  licensee or applicant for a license under Section 275 to
10  submit, in a form and manner prescribed by the Department, to
11  the Department a sworn statement showing the following:
12  (1) The name and address of each person who has a
13  financial interest in the business operating or to be
14  operated under the license.
15  (2) The nature and extent of the financial interest of
16  each person who has a financial interest in the business
17  operating or to be operated under the license.
18  (3) The Department may refuse to issue, or may
19  suspend, revoke, or refuse to renew, a license issued
20  under Section 275 if the Department determines that a
21  person who has a financial interest in the business
22  operating or to be operated under the license committed or
23  failed to commit an act that would constitute grounds for
24  the Department to refuse to issue, or to suspend, revoke,
25  or refuse to renew, the license if the person were the

 

 

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1  licensee or applicant for the license.
2  Section 290. Laboratory accreditation.
3  (a) A laboratory that conducts testing of a psilocybin
4  product as required by Section 275 must be accredited and meet
5  other qualifications as established by the Department of
6  Agriculture under this Section.
7  (b) In addition to other qualifications required pursuant
8  to applicable law, the Department shall require an applicant
9  for accreditation for purposes related to the testing of
10  psilocybin products to:
11  (1) complete an application;
12  (2) undergo an onsite inspection; and
13  (3) meet other applicable requirements,
14  specifications, and guidelines for testing psilocybin
15  products as determined to be appropriate by the Department
16  by rule.
17  (c) The Department may inspect premises licensed under
18  Section 275 to ensure compliance with Sections 270 through 310
19  and rules adopted under those Sections.
20  (d) Subject to applicable provisions of Illinois law, the
21  Department may refuse to issue or renew, or may suspend or
22  revoke, a laboratory's accreditation granted under this
23  Section for violation of a provision of this Act or a rule
24  adopted under this Act.
25  (e) In establishing fees under this Section for

 

 

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1  laboratories that test psilocybin products, the Department
2  shall establish fees that are reasonably calculated to pay the
3  expenses incurred by the Department under this Section in
4  accrediting laboratories that test psilocybin products.
5  Section 295. Authority to discipline licensees. Subject to
6  applicable provisions of Illinois law, if an applicant or
7  licensee violates a provision of Sections 270 through 310 or a
8  rule adopted under those Sections, the Department of
9  Agriculture may refuse to issue or renew, or may suspend or
10  revoke, a license issued under Section 80, 95, 105, or 275.
11  Section 300. Authority of the Department of Agriculture
12  over certain persons; license actions.
13  (a) Notwithstanding the lapse, suspension, or revocation
14  of a license issued under Section 275, the Department of
15  Agriculture may do either of the following:
16  (1) Proceed with any investigation of, or any action
17  or disciplinary proceeding against, the person who held
18  the license.
19  (2) Revise or render void an order suspending or
20  revoking the license.
21  (b) In cases involving the proposed denial of a license
22  applied for under this Act, the applicant for licensure may
23  not withdraw the applicant's application.

 

 

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1  Section 305. Civil penalty for certain violations.
2  (a) In addition to any other liability or penalty provided
3  by law, the Department of Agriculture may impose for each
4  violation of a provision of Sections 270 through 310 or a rule
5  adopted under those Sections a civil penalty that does not
6  exceed $500 for each day that the violation occurs.
7  (b) The Department of Agriculture shall impose civil
8  penalties under this Section in the manner provided by
9  applicable Illinois law.
10  (c) Moneys collected under this Section shall be deposited
11  into the Psilocybin Control and Regulation Fund and are
12  continuously appropriated to the Department for the purpose of
13  carrying out the duties, functions, and powers of the
14  Department under this Act.
15  Section 310. Exemption from criminal liability.  A person
16  who holds a license under Section 275, and an employee of or
17  other person who performs work for a person who holds a license
18  under Section 275, is exempt from the criminal laws of this
19  State for possession, delivery, or manufacture of psilocybin,
20  aiding and abetting another in the possession, delivery, or
21  manufacture of psilocybin, or any other criminal offense in
22  which possession, delivery, or manufacture of psilocybin is an
23  element, while performing activities related to testing as
24  described in Sections 270 through this Section.

 

 

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1  Section 315. Labeling requirements; rules.
2  (a) As is necessary to protect the public health and
3  safety, the Department of Agriculture shall adopt rules
4  establishing standards for the labeling of psilocybin
5  products, including, but not limited to, the following:
6  (1) Ensuring that psilocybin products have labeling
7  that communicates the following:
8  (A) Health and safety warnings.
9  (B) If applicable, activation time.
10  (C) Potency.
11  (D) If applicable, serving size and the number of
12  servings included in a psilocybin product.
13  (E) Content of the psilocybin product.
14  (2) Labeling that is in accordance with applicable
15  State food labeling requirements for the same type of food
16  product or potable liquid when the food product or potable
17  liquid does not contain psilocybin.
18  (b) In adopting rules under this Act, the Department shall
19  require all psilocybin products sold or transferred by a
20  service center that holds a license issued under Section 95 to
21  be labeled in accordance with subsection (a) and rules adopted
22  under subsection (a).
23  (c) In adopting rules under subsection (a), the
24  Department:
25  (1) may establish different labeling standards for
26  different varieties and types of psilocybin products;

 

 

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1  (2) shall consider the cost of a potential requirement
2  and how that cost will affect the cost to the ultimate
3  client; and
4  (3) may not adopt rules that are more restrictive than
5  is reasonably necessary to protect the public health and
6  safety.
7  Section 320. Preapproval of labels.
8  (a) The Department of Agriculture may by rule require a
9  licensee to submit a label intended for use on a psilocybin
10  product for preapproval by the Department before the licensee
11  may sell or transfer a psilocybin product bearing the label.
12  The Department shall determine whether a label submitted under
13  this Section complies with Section 315 and any rule adopted
14  under Section 315.
15  (b) The Department of Agriculture may impose a fee for
16  submitting a label for preapproval under this Section that is
17  reasonably calculated to not exceed the cost of administering
18  this Section.
19  Section 325. Packaging requirements; rules.
20  (a) As is necessary to protect the public health and
21  safety, the Department of Agriculture shall adopt rules
22  establishing standards for the packaging of psilocybin
23  products, including, but not limited to, ensuring that
24  psilocybin products are not marketed in a manner that is

 

 

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1  either untruthful or misleading, or otherwise creates a
2  significant risk of harm to public health and safety.
3  (b) In adopting rules under this Act, the Department shall
4  require all psilocybin products sold or transferred by a
5  service center that holds a license issued under Section 95 to
6  be packaged in accordance with subsection (a) and rules
7  adopted under subsection (a).
8  (c) In adopting rules under subsection (a), the
9  Department:
10  (1) may establish different packaging standards for
11  different varieties and types of psilocybin products;
12  (2) may consider the effect on the environment of
13  requiring certain packaging;
14  (3) shall consider the cost of a potential requirement
15  and how that cost will affect the cost to the ultimate
16  client; and
17  (4) may not adopt rules that are more restrictive than
18  is reasonably necessary to protect the public health and
19  safety.
20  Section 330. Preapproval of packaging.
21  (a) The Department of Agriculture may by rule require a
22  licensee to submit packaging intended for a psilocybin product
23  for preapproval by the Department before the licensee may sell
24  or transfer a psilocybin product packaged in the packaging.
25  The Department shall determine whether packaging submitted

 

 

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1  under this Section complies with Section 325 and any rule
2  adopted under Section 325.
3  (b) The Department of Agriculture may impose a fee for
4  submitting packaging for preapproval under this Section that
5  is reasonably calculated to not exceed the cost of
6  administering this Section.
7  Section 335. Dosage requirements; rules.
8  (a) The Department of Agriculture shall adopt rules
9  establishing the following:
10  (1) The maximum concentration of psilocybin that is
11  permitted in a single serving of a psilocybin product.
12  (2) The number of servings that are permitted in a
13  psilocybin product package.
14  (b) In adopting rules under this Act, the Department shall
15  require all psilocybin products sold or transferred by a
16  service center that holds a license under Section 95 to meet
17  the concentration standards and packaging standards adopted by
18  rule pursuant to this Section.
19  Section 340. Inspections. To ensure compliance with
20  Sections 315 through 350 and any rule adopted under those
21  Sections, the Department of Agriculture or the Department of
22  Financial and Professional Regulation may inspect the premises
23  of a person that holds a license under Section 80 or 95.

 

 

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1  Section 341. Violation of tax Acts; refusal, revocation,
2  or suspension of license.
3  (a) In addition to other grounds specified in this Act,
4  the Department of Agriculture and Department of Financial and
5  Professional Regulation, upon notification by the Department
6  of Revenue, shall refuse the issuance or renewal of a license
7  or suspend or revoke the license of any person, for any of the
8  following violations of any tax Act administered by the
9  Department of Revenue:
10  (1) failure to file a tax return;
11  (2) the filing of a fraudulent return;
12  (3) failure to pay all or part of any tax or penalty
13  finally determined to be due;
14  (4) failure to keep books and records;
15  (5) failure to secure and display a certificate or
16  sub-certificate of registration, if required; or
17  (6) willful violation of any rule or regulation of the
18  Department relating to the administration and enforcement
19  of tax liability.
20  (b) After all violations of any of items (1) through (6) of
21  subsection (a) have been corrected or resolved, the Department
22  shall, upon request of the applicant or, if not requested, may
23  notify the entities listed in subsection (a) that the
24  violations have been corrected or resolved. Upon receiving
25  notice from the Department that a violation of any of items (1)
26  through (6) of subsection (a) have been corrected or otherwise

 

 

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1  resolved to the Department of Revenue's satisfaction, the
2  Department of Agriculture and the Department of Financial and
3  Professional Regulation may issue or renew the license or
4  vacate an order of suspension or revocation.
5  Section 345. Discipline of licensees. Subject to
6  applicable provisions of law, if an applicant or licensee
7  violates a provision of Sections 315 through 350 or a rule
8  adopted under those Sections, the Department of Agriculture or
9  the Department of Financial and Professional Regulation may
10  refuse to issue or renew, or may suspend or revoke, a license
11  issued under Section 80, 95, or 105.
12  Section 350. Civil penalties.
13  (a) In addition to any other liability or penalty provided
14  by law, the Department of Agriculture may impose for each
15  violation of a provision of Sections 315 through 350 or a rule
16  adopted under those Sections, a civil penalty that does not
17  exceed $500 for each day that the violation occurs.
18  (b) The Department of Agriculture shall impose civil
19  penalties under this Section in the manner provided under
20  applicable Illinois law.
21  (c) Moneys collected under this Section shall be deposited
22  into the Psilocybin Control and Regulation Fund and are
23  continuously appropriated to the Department for the purpose of
24  carrying out the duties, functions, and powers of the

 

 

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1  Department under this Act.
2  Section 355. Definitions. In this Section through Section
3  425:
4  "Psilocybin retailer" means a service center operator that
5  sells psilocybin for use and not for resale.
6  "Retail sale" means any transfer or exchange of a
7  psilocybin product by any person to a client.
8  "Retail sales price" means the price paid for a psilocybin
9  product, excluding tax, to a service center operator by or on
10  behalf of a client.
11  Section 360. Tax imposed.
12  (a) Beginning January 1, 2025, a tax is imposed upon
13  purchasers for the privilege of using psilocybin at a rate of
14  15% of the purchase price.
15  (b) The purchase of any product that contains any amount
16  of psilocybin or any derivative thereof is subject to the tax
17  under subsection (a) of this Section on the full purchase
18  price of the product.
19  (c) The tax imposed by this Section is not imposed with
20  respect to any transaction in interstate commerce, to the
21  extent the transaction may not, under the Constitution and
22  statutes of the United States, be made the subject of taxation
23  by this State.
24  (d) The tax imposed under this Article shall be in

 

 

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1  addition to all other occupation, privilege, or excise taxes
2  imposed by the State of Illinois or by any municipal
3  corporation or political subdivision thereof.
4  (e) The tax imposed under this Article shall not be
5  imposed on any purchase by a purchaser if the psilocybin
6  retailer is prohibited by federal or State Constitution,
7  treaty, convention, statute, or court decision from collecting
8  the tax from the purchaser.
9  Section 365. Bundling of taxable and nontaxable items;
10  prohibition; taxation. If a psilocybin retailer sells
11  psilocybin or psilocybin-infused products in combination or
12  bundled with items that are not subject to tax under this Act
13  for one price, then the tax under this Act is imposed on the
14  purchase price of the entire bundled product.
15  Section 370. Collection of tax.
16  (a) The tax imposed by this Article shall be collected
17  from the purchaser by the psilocybin retailer at the rate
18  stated in Section 360 with respect to psilocybin sold by the
19  psilocybin retailer to the purchaser, and shall be remitted to
20  the Department as provided in Section 385. Psilocybin
21  retailers shall collect the tax from purchasers by adding the
22  tax to the amount of the purchase price received from the
23  purchaser for selling psilocybin to the purchaser. The tax
24  imposed by this Article shall, when collected, be stated as a

 

 

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1  distinct item separate and apart from the purchase price of
2  the psilocybin.
3  (b) If a psilocybin retailer collects the tax imposed
4  pursuant to Section 360 measured by a purchase price that is
5  not subject to Section 360, or if a psilocybin retailer, in
6  collecting the tax pursuant to Section 360 measured by a
7  purchase price that is subject to tax under this Act, collects
8  more from the purchaser than the required amount on the
9  transaction, the purchaser shall have a legal right to claim a
10  refund of that amount from the psilocybin retailer. If,
11  however, that amount is not refunded to the purchaser for any
12  reason, the psilocybin retailer is liable to pay that amount
13  to the Department.
14  (c) Any person purchasing psilocybin subject to tax under
15  this Article as to which there has been no charge made to the
16  purchaser of the tax imposed by Section 360 shall make payment
17  of the tax imposed by Section 360 in the form and manner
18  provided by the Department not later than the 20th day of the
19  month following the month of purchase of the psilocybin.
20  Section 375. Registration of psilocybin retailers. Every
21  psilocybin retailer required to collect the tax under this
22  Article shall apply to the Department for a certificate of
23  registration under this Article. All applications for
24  registration under this Article shall be made by electronic
25  means in the form and manner required by the Department. For

 

 

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1  that purpose, the provisions of Section 2a of the Retailers'
2  Occupation Tax Act are incorporated into this Article to the
3  extent not inconsistent with this Article. In addition, no
4  certificate of registration shall be issued under this Article
5  unless the applicant is licensed under this Act.
6  Section 380. Tax collected as debt owed to the State. Any
7  psilocybin retailer required to collect the tax imposed by
8  this Article shall be liable to the Department for the tax,
9  whether or not the tax has been collected by the psilocybin
10  retailer, and any such tax shall constitute a debt owed by the
11  psilocybin retailer to this State. To the extent that a
12  psilocybin retailer required to collect the tax imposed by
13  this Act has actually collected that tax, the tax is held in
14  trust for the benefit of the Department.
15  Section 385. Return and payment of tax by the psilocybin
16  retailer. Each psilocybin retailer that is required or
17  authorized to collect the tax imposed by this Article shall
18  make a return to the Department, by electronic means, on or
19  before the 20th day of each month for the preceding calendar
20  month stating the following:
21  (1) the psilocybin retailer's name;
22  (2) the address of the psilocybin retailer's principal
23  place of business and the address of the principal place
24  of business (if that is a different address) from which

 

 

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1  the psilocybin retailer engaged in the business of selling
2  psilocybin subject to tax under this Article;
3  (3) the total purchase price received by the
4  psilocybin retailer for psilocybin subject to tax under
5  this Article;
6  (4) the amount of tax due at each rate;
7  (5) the signature of the psilocybin retailer; and
8  (6) any other information as the Department may
9  reasonably require.
10  All returns required to be filed and payments required to
11  be made under this Article shall be by electronic means.
12  Psilocybin retailers who demonstrate hardship in paying
13  electronically may petition the Department to waive the
14  electronic payment requirement.
15  Any amount that is required to be shown or reported on any
16  return or other document under this Article shall, if the
17  amount is not a whole-dollar amount, be increased to the
18  nearest whole-dollar amount if the fractional part of a dollar
19  is $0.50 or more and decreased to the nearest whole-dollar
20  amount if the fractional part of a dollar is less than $0.50.
21  If a total amount of less than $1 is payable, refundable, or
22  creditable, the amount shall be disregarded if it is less than
23  $0.50 and shall be increased to $1 if it is $0.50 or more.
24  The psilocybin retailer making the return provided for in
25  this Section shall also pay to the Department, in accordance
26  with this Section, the amount of tax imposed by this Article,

 

 

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1  less a discount of 2% per return period, which is allowed to
2  reimburse the psilocybin retailer for the expenses incurred in
3  keeping records, collecting tax, preparing and filing returns,
4  remitting the tax, and supplying data to the Department upon
5  request. No discount may be claimed by a psilocybin retailer
6  on returns not timely filed and for taxes not timely remitted.
7  No discount may be claimed by a taxpayer for any return that is
8  not filed electronically. No discount may be claimed by a
9  taxpayer for any payment that is not made electronically,
10  unless a waiver has been granted under this Section.
11  Notwithstanding any other provision of this Article
12  concerning the time within which a psilocybin retailer may
13  file a return, any such psilocybin retailer who ceases to
14  engage in the kind of business that makes the person
15  responsible for filing returns under this Article shall file a
16  final return under this Article with the Department within one
17  month after discontinuing the business.
18  Each psilocybin retailer shall make estimated payments to
19  the Department on or before the 7th, 15th, 22nd, and last day
20  of the month during which tax liability to the Department is
21  incurred. The payments shall be in an amount not less than the
22  lower of either 22.5% of the psilocybin retailer's actual tax
23  liability for the month or 25% of the psilocybin retailer's
24  actual tax liability for the same calendar month of the
25  preceding year. The amount of the quarter-monthly payments
26  shall be credited against the final tax liability of the

 

 

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1  psilocybin retailer's return for that month. If any such
2  quarter-monthly payment is not paid at the time or in the
3  amount required by this Section, then the psilocybin retailer
4  shall be liable for penalties and interest on the difference
5  between the minimum amount due as a payment and the amount of
6  the quarter-monthly payment actually and timely paid, except
7  insofar as the psilocybin retailer has previously made
8  payments for that month to the Department in excess of the
9  minimum payments previously due as provided in this Section.
10  If any payment provided for in this Section exceeds the
11  taxpayer's liabilities under this Article, as shown on an
12  original monthly return, the Department shall, if requested by
13  the taxpayer, issue to the taxpayer a credit memorandum no
14  later than 30 days after the date of payment. The credit
15  evidenced by the credit memorandum may be assigned by the
16  taxpayer to a similar taxpayer under this Article, in
17  accordance with reasonable rules to be prescribed by the
18  Department. If no such request is made, the taxpayer may
19  credit the excess payment against tax liability subsequently
20  to be remitted to the Department under this Article, in
21  accordance with reasonable rules prescribed by the Department.
22  If the Department subsequently determines that all or any part
23  of the credit taken was not actually due to the taxpayer, the
24  taxpayer's discount shall be reduced, if necessary, to reflect
25  the difference between the credit taken and that actually due,
26  and that taxpayer shall be liable for penalties and interest

 

 

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1  on the difference. If a psilocybin retailer fails to sign a
2  return within 30 days after the proper notice and demand for
3  signature by the Department is received by the psilocybin
4  retailer, the return shall be considered valid and any amount
5  shown to be due on the return shall be deemed assessed.
6  Section 390. Deposit of proceeds. All moneys received by
7  the Department under this Article shall be paid into the
8  Illinois Psilocybin Fund.
9  Section 395. Recordkeeping; books and records.
10  (a) Every retailer of psilocybin, whether or not the
11  retailer has obtained a certificate of registration under
12  Section 375, shall keep complete and accurate records of
13  psilocybin held, purchased, sold, or otherwise disposed of,
14  and shall preserve and keep all invoices, bills of lading,
15  sales records, and copies of bills of sale, returns, and other
16  pertinent papers and documents relating to the purchase, sale,
17  or disposition of psilocybin. Such records need not be
18  maintained on the licensed premises but must be maintained in
19  the State of Illinois. However, all original invoices or
20  copies thereof covering purchases of psilocybin must be
21  retained on the licensed premises for a period of 90 days after
22  such purchase, unless the Department has granted a waiver in
23  response to a written request in cases where records are kept
24  at a central business location within the State of Illinois.

 

 

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1  The Department shall adopt rules regarding the eligibility for
2  a waiver, revocation of a waiver, and requirements and
3  standards for maintenance and accessibility of records located
4  at a central location under a waiver provided under this
5  Section.
6  (b) Books, records, papers, and documents that are
7  required by this Article to be kept shall, at all times during
8  the usual business hours of the day, be subject to inspection
9  by the Department or its duly authorized agents and employees.
10  The books, records, papers, and documents for any period with
11  respect to which the Department is authorized to issue a
12  notice of tax liability shall be preserved until the
13  expiration of that period.
14  Section 400. Violations and penalties.
15  (a) When the amount due is under $300, any retailer of
16  psilocybin who fails to file a return, willfully fails or
17  refuses to make any payment to the Department of the tax
18  imposed by this Article, or files a fraudulent return, or any
19  officer or agent of a corporation engaged in the business of
20  selling psilocybin to purchasers located in this State who
21  signs a fraudulent return filed on behalf of the corporation,
22  or any accountant or other agent who knowingly enters false
23  information on the return of any taxpayer under this Article
24  is guilty of a Class 4 felony.
25  (b) When the amount due is $300 or more, any retailer of

 

 

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1  psilocybin who files, or causes to be filed, a fraudulent
2  return, or any officer or agent of a corporation engaged in the
3  business of selling psilocybin to purchasers located in this
4  State who files or causes to be filed or signs or causes to be
5  signed a fraudulent return filed on behalf of the corporation,
6  or any accountant or other agent who knowingly enters false
7  information on the return of any taxpayer under this Article
8  is guilty of a Class 3 felony.
9  (c) Any person who violates any provision of Section 375,
10  fails to keep books and records as required under this
11  Article, or willfully violates a rule of the Department for
12  the administration and enforcement of this Article is guilty
13  of a Class 4 felony. A person commits a separate offense on
14  each day that he or she engages in business in violation of
15  Section 375 or a rule of the Department for the administration
16  and enforcement of this Article. If a person fails to produce
17  the books and records for inspection by the Department upon
18  request, a prima facie presumption shall arise that the person
19  has failed to keep books and records as required under this
20  Article. A person who is unable to rebut this presumption is in
21  violation of this Article and is subject to the penalties
22  provided in this Section.
23  (d) Any person who violates any provision of Sections 375,
24  fails to keep books and records as required under this
25  Article, or willfully violates a rule of the Department for
26  the administration and enforcement of this Article, is guilty

 

 

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1  of a business offense and may be fined up to $5,000. If a
2  person fails to produce books and records for inspection by
3  the Department upon request, a prima facie presumption shall
4  arise that the person has failed to keep books and records as
5  required under this Article. A person who is unable to rebut
6  this presumption is in violation of this Article and is
7  subject to the penalties provided in this Section. A person
8  commits a separate offense on each day that he or she engages
9  in business in violation of Section 375.
10  (e) Any taxpayer or agent of a taxpayer who with the intent
11  to defraud purports to make a payment due to the Department by
12  issuing or delivering a check or other order upon a real or
13  fictitious depository for the payment of money, knowing that
14  it will not be paid by the depository, is guilty of a deceptive
15  practice in violation of Section 17-1 of the Criminal Code of
16  2012.
17  (f) Any person who fails to keep books and records or fails
18  to produce books and records for inspection, as required by
19  Section 65-36, is liable to pay to the Department, for deposit
20  in the Tax Compliance and Administration Fund, a penalty of
21  $1,000 for the first failure to keep books and records or
22  failure to produce books and records for inspection, as
23  required by Section 65-36, and $3,000 for each subsequent
24  failure to keep books and records or failure to produce books
25  and records for inspection, as required by Section 395.
26  (g) Any person who knowingly acts as a retailer of

 

 

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1  psilocybin in this State without first having obtained a
2  certificate of registration to do so in compliance with this
3  Article shall be guilty of a Class 4 felony.
4  (h) A person commits the offense of tax evasion under this
5  Article when the person knowingly attempts in any manner to
6  evade or defeat the tax imposed on the person or on any other
7  person, or the payment thereof, and the person commits an
8  affirmative act in furtherance of the evasion. As used in this
9  Section, "affirmative act in furtherance of the evasion" means
10  an act designed in whole or in part to (i) conceal,
11  misrepresent, falsify, or manipulate any material fact or (ii)
12  tamper with or destroy documents or materials related to a
13  person's tax liability under this Article. 2 or more acts of
14  sales tax evasion may be charged as a single count in any
15  indictment, information, or complaint and the amount of tax
16  deficiency may be aggregated for purposes of determining the
17  amount of tax that is attempted to be or is evaded and the
18  period between the first and last acts may be alleged as the
19  date of the offense.
20  (1) When the amount of tax, the assessment or payment
21  of which is attempted to be or is evaded is less than $500,
22  a person is guilty of a Class 4 felony.
23  (2) When the amount of tax, the assessment or payment
24  of which is attempted to be or is evaded is $500 or more
25  but less than $10,000, a person is guilty of a Class 3
26  felony.

 

 

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1  (3) When the amount of tax, the assessment or payment
2  of which is attempted to be or is evaded is $10,000 or more
3  but less than $100,000, a person is guilty of a Class 2
4  felony.
5  (4) When the amount of tax, the assessment or payment
6  of which is attempted to be or is evaded is $100,000 or
7  more, a person is guilty of a Class 1 felony.
8  Any person who knowingly sells, purchases, installs,
9  transfers, possesses, uses, or accesses any automated sales
10  suppression device, zapper, or phantom-ware in this State is
11  guilty of a Class 3 felony.
12  As used in this Section:
13  "Automated sales suppression device" or "zapper" means a
14  software program that falsifies the electronic records of an
15  electronic cash register or other point-of-sale system,
16  including, but not limited to, transaction data and
17  transaction reports. The term includes the software program,
18  any device that carries the software program, or an Internet
19  link to the software program.
20  "Phantom-ware" means a hidden programming option embedded
21  in the operating system of an electronic cash register or
22  hardwired into an electronic cash register that can be used to
23  create a second set of records or that can eliminate or
24  manipulate transaction records in an electronic cash register.
25  "Electronic cash register" means a device that keeps a
26  register or supporting documents through the use of an

 

 

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1  electronic device or computer system designed to record
2  transaction data for the purpose of computing, compiling, or
3  processing retail sales transaction data in any manner.
4  "Transaction data" includes: items purchased by a
5  purchaser; the price of each item; a taxability determination
6  for each item; a segregated tax amount for each taxed item; the
7  amount of cash or credit tendered; the net amount returned to
8  the customer in change; the date and time of the purchase; the
9  name, address, and identification number of the vendor; and
10  the receipt or invoice number of the transaction.
11  "Transaction report" means a report that documents,
12  without limitation, the sales, taxes, or fees collected, media
13  totals, and discount voids at an electronic cash register and
14  that is printed on a cash register tape at the end of a day or
15  shift, or a report that documents every action at an
16  electronic cash register and is stored electronically.
17  A prosecution for any act in violation of this Section may
18  be commenced at any time within 5 years of the commission of
19  that act.
20  (i) The Department may adopt rules to administer the
21  penalties under this Section.
22  (j) Any person whose principal place of business is in
23  this State and who is charged with a violation under this
24  Section shall be tried in the county where his or her principal
25  place of business is located unless he or she asserts a right
26  to be tried in another venue.

 

 

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1  (k) Except as otherwise provided in subsection (h), a
2  prosecution for a violation described in this Section may be
3  commenced within 3 years after the commission of the act
4  constituting the violation.
5  Section 405. Arrest; search and seizure without warrant.
6  Any duly authorized employee of the Department: (i) may arrest
7  without warrant any person committing in the employee's
8  presence a violation of any of the provisions of this Article;
9  (ii) may without a search warrant inspect all psilocybin
10  located in any place of business; (iii) may seize any
11  psilocybin in the possession of the retailer in violation of
12  this Act; and (iv) may seize any psilocybin on which the tax
13  imposed by this Act has not been paid. The psilocybin seized is
14  subject to confiscation and forfeiture as provided in Sections
15  415 and 416.
16  Section 410. Seizure and forfeiture. After seizing any
17  psilocybin as provided in this Article
  , the Department must
18  hold a hearing and determine whether the retailer was properly
19  registered to sell the psilocybin at the time of its seizure by
20  the Department. The Department shall give not less than 20
21  days' notice of the time and place of the hearing to the owner
22  of the psilocybin, if the owner is known, and also to the
23  person in whose possession the psilocybin was found, if that
24  person is known and if the person in possession is not the

 

 

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1  owner of the psilocybin. If neither the owner nor the person in
2  possession of the psilocybin is known, the Department must
3  cause publication of the time and place of the hearing to be
4  made at least once in each week for 3 weeks successively in a
5  newspaper of general circulation in the county where the
6  hearing is to be held.
7  If, as the result of the hearing, the Department
8  determines that the retailer was not properly registered at
9  the time the psilocybin was seized, the Department must enter
10  an order declaring the psilocybin confiscated and forfeited to
11  the State, to be held by the Department for disposal by it as
12  provided in Section 416. The Department must give notice of
13  the order to the owner of the psilocybin, if the owner is
14  known, and also to the person in whose possession the
15  psilocybin was found, if that person is known and if the person
16  in possession is not the owner of the psilocybin. If neither
17  the owner nor the person in possession of the psilocybin is
18  known, the Department must cause publication of the order to
19  be made at least once in each week for 3 weeks successively in
20  a newspaper of general circulation in the county where the
21  hearing was held.
22  Section 415. Search warrant; issuance and return; process;
23  confiscation of psilocybin; forfeitures.
24  (a) If a peace officer of this State or any duly authorized
25  officer or employee of the Department has reason to believe

 

 

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1  that any violation of this Article or a rule of the Department
2  for the administration and enforcement of this Article has
3  occurred and that the person violating this Article or rule
4  has in that person's possession any psilocybin in violation of
5  this Article or a rule of the Department for the
6  administration and enforcement of this Article, that peace
7  officer, or officer or employee of the Department, may file or
8  cause to be filed his or her complaint in writing, verified by
9  affidavit, with any court within whose jurisdiction the
10  premises to be searched are situated, stating the facts upon
11  which the belief is founded, the premises to be searched, and
12  the property to be seized, and procure a search warrant and
13  execute that warrant. Upon the execution of the search
14  warrant, the peace officer, or officer or employee of the
15  Department, executing the search warrant shall make due return
16  of the warrant to the court issuing the warrant, together with
17  an inventory of the property taken under the warrant. The
18  court must then issue process against the owner of the
19  property if the owner is known; otherwise, process must be
20  issued against the person in whose possession the property is
21  found, if that person is known. In case of inability to serve
22  process upon the owner or the person in possession of the
23  property at the time of its seizure, notice of the proceedings
24  before the court must be given in the same manner as required
25  by the law governing cases of attachment. Upon the return of
26  the process duly served or upon the posting or publishing of

 

 

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1  notice made, as appropriate, the court or jury, if a jury is
2  demanded, shall proceed to determine whether the property
3  seized was held or possessed in violation of this Article or a
4  rule of the Department for the administration and enforcement
5  of this Article. If a violation is found, judgment shall be
6  entered confiscating the property and forfeiting it to the
7  State and ordering its delivery to the Department. In
8  addition, the court may tax and assess the costs of the
9  proceedings.
10  (b) When any psilocybin has been declared forfeited to the
11  State by the Department, as provided in Section III and this
12  Section, and when all proceedings for the judicial review of
13  the Department's decision have terminated, the Department
14  shall, to the extent that its decision is sustained on review,
15  destroy or maintain and use such psilocybin in an undercover
16  capacity.
17  (c) The Department may, before any destruction of
18  psilocybin, permit the true holder of trademark rights in the
19  psilocybin to inspect such psilocybin in order to assist the
20  Department in any investigation regarding such psilocybin.
21  Section 416. Psilocybin retailers; purchase and possession
22  of psilocybin. Psilocybin retailers shall purchase psilocybin
23  for resale only from manufacturers as authorized by this Act.
24  Section 417. Rulemaking. The Department may adopt rules in

 

 

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1  accordance with the Illinois Administrative Procedure Act and
2  prescribe forms relating to the administration and enforcement
3  of this Article as it deems appropriate.
4  Section 420. Illinois Psilocybin Fund. The Illinois
5  Psilocybin Fund is created as a special fund in the State
6  treasury. The Fund shall consist of moneys transferred to the
7  Fund under Section 425. The Department of Revenue shall
8  certify quarterly the amount of moneys available in the
9  Illinois Psilocybin Fund. The Department of Revenue shall
10  transfer quarterly the moneys in the Illinois Psilocybin Fund
11  to the Psilocybin Control and Regulation Fund.
12  Section 425. Illinois Psilocybin Fund; payment of
13  expenses. All moneys received by the Department of Revenue
14  under Sections 355 through this Section shall be deposited
15  into the Illinois Psilocybin Fund. The Department of Revenue
16  may pay expenses for the administration and enforcement of
17  Sections 355 through this Section out of moneys received from
18  the tax imposed under Section 360. Amounts necessary to pay
19  administrative and enforcement expenses are continuously
20  appropriated to the Department of Revenue from the Illinois
21  Psilocybin Fund.
22  Section 430. Incorporation by reference. All of the
23  provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,

 

 

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1  5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the
2  Retailers' Occupation Tax Act, and all applicable provisions
3  of the Uniform Penalty and Interest Act that are not
4  inconsistent with this Act, apply to clients, legal entities,
5  licensees, licensee representatives, psilocybin product
6  manufacturers, service centers, service center operators, and
7  facilitators to the same extent as if those provisions were
8  included in this Act. References in the incorporated Sections
9  of the Retailers' Occupation Tax Act to retailers, to sellers,
10  or to persons engaged in the business of selling tangible
11  personal property mean distributors when used in this Act.
12  References in the incorporated Sections to sales of tangible
13  personal property mean sales of tobacco products when used in
14  this Act.
15  Section 435. Registration under the Retailers' Occupation
16  Tax Act. A retailer maintaining a place of business in this
17  State, if required to register under the Retailers' Occupation
18  Tax Act, need not obtain an additional Certificate of
19  Registration under this Act, but shall be deemed to be
20  sufficiently registered by virtue of his being registered
21  under the Retailers' Occupation Tax Act. Every retailer
22  maintaining a place of business in this State, if not required
23  to register under the Retailers' Occupation Tax Act, shall
24  apply to the Department of Revenue (upon a form prescribed and
25  furnished by the Department of Revenue) for a Certificate of

 

 

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1  Registration under this Act. In completing such application,
2  the applicant shall furnish such information as the Department
3  of Revenue may reasonably require. Upon approval of an
4  application for Certificate of Registration, the Department of
5  Revenue shall issue, without charge, a Certificate of
6  Registration to the applicant. Such Certificate of
7  Registration shall be displayed at the address which the
8  applicant states in his or her application to be the principal
9  place of business or location from which he or she will act as
10  a retailer in this State. If the applicant will act as a
11  retailer in this State from other places of business or
12  locations, he shall list the addresses of such additional
13  places of business or locations in this application for
14  Certificate of Registration, and the Department of Revenue
15  shall issue a Sub-Certificate of Registration to the applicant
16  for each such additional place of business or location. Each
17  Sub-Certificate of Registration shall be conspicuously
18  displayed at the place for which it is issued. Such
19  Sub-Certificate of Registration shall bear the same
20  registration number as that appearing upon the Certificate of
21  Registration to which such Sub-Certificates relate. Where a
22  retailer operates more than one place of business which is
23  subject to registration under this Section and such businesses
24  are substantially different in character or are engaged in
25  under different trade names or are engaged in under other
26  substantially dissimilar circumstances (so that it is more

 

 

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1  practicable, from an accounting, auditing, or bookkeeping
2  standpoint, for such businesses to be separately registered),
3  the Department of Revenue may require or permit such person to
4  apply for and obtain a separate Certificate of Registration
5  for each such business or for any of such businesses instead of
6  registering such person, as to all such businesses, under a
7  single Certificate of Registration supplemented by related
8  Sub-Certificates of Registration. No Certificate of
9  Registration shall be issued to any person who is in default to
10  the State of Illinois for moneys due hereunder.
11  The Department of Revenue may, in its discretion, upon
12  application, authorize the collection of the tax herein
13  imposed by any retailer not maintaining a place of business
14  within this State, who, to the satisfaction of the Department
15  of Revenue, furnishes adequate security to insure collection
16  and payment of the tax. Such retailer shall be issued, without
17  charge, a permit to collect such tax. When so authorized, it
18  shall be the duty of such retailer to collect the tax upon all
19  tangible personal property sold to his knowledge for use
20  within this State, in the same manner and subject to the same
21  requirements, including the furnishing of a receipt to the
22  purchaser (if demanded by the purchaser), as a retailer
23  maintaining a place of business within this State. The receipt
24  given to the purchaser shall be sufficient to relieve him or
25  her from further liability for the tax to which such receipt
26  may refer. Such permit may be revoked by the Department as

 

 

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1  provided herein.
2  Section 440. Severability. The provisions of this Act are
3  severable under Section 1.31 of the Statute on Statutes.
4  Section 900. The Freedom of Information Act is amended by
5  changing Section 7 as follows:
6  (5 ILCS 140/7)
7  Sec. 7. Exemptions.
8  (1) When a request is made to inspect or copy a public
9  record that contains information that is exempt from
10  disclosure under this Section, but also contains information
11  that is not exempt from disclosure, the public body may elect
12  to redact the information that is exempt. The public body
13  shall make the remaining information available for inspection
14  and copying. Subject to this requirement, the following shall
15  be exempt from inspection and copying:
16  (a) Information specifically prohibited from
17  disclosure by federal or State law or rules and
18  regulations implementing federal or State law.
19  (b) Private information, unless disclosure is required
20  by another provision of this Act, a State or federal law,
21  or a court order.
22  (b-5) Files, documents, and other data or databases
23  maintained by one or more law enforcement agencies and

 

 

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1  specifically designed to provide information to one or
2  more law enforcement agencies regarding the physical or
3  mental status of one or more individual subjects.
4  (c) Personal information contained within public
5  records, the disclosure of which would constitute a
6  clearly unwarranted invasion of personal privacy, unless
7  the disclosure is consented to in writing by the
8  individual subjects of the information. "Unwarranted
9  invasion of personal privacy" means the disclosure of
10  information that is highly personal or objectionable to a
11  reasonable person and in which the subject's right to
12  privacy outweighs any legitimate public interest in
13  obtaining the information. The disclosure of information
14  that bears on the public duties of public employees and
15  officials shall not be considered an invasion of personal
16  privacy.
17  (d) Records in the possession of any public body
18  created in the course of administrative enforcement
19  proceedings, and any law enforcement or correctional
20  agency for law enforcement purposes, but only to the
21  extent that disclosure would:
22  (i) interfere with pending or actually and
23  reasonably contemplated law enforcement proceedings
24  conducted by any law enforcement or correctional
25  agency that is the recipient of the request;
26  (ii) interfere with active administrative

 

 

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1  enforcement proceedings conducted by the public body
2  that is the recipient of the request;
3  (iii) create a substantial likelihood that a
4  person will be deprived of a fair trial or an impartial
5  hearing;
6  (iv) unavoidably disclose the identity of a
7  confidential source, confidential information
8  furnished only by the confidential source, or persons
9  who file complaints with or provide information to
10  administrative, investigative, law enforcement, or
11  penal agencies; except that the identities of
12  witnesses to traffic crashes, traffic crash reports,
13  and rescue reports shall be provided by agencies of
14  local government, except when disclosure would
15  interfere with an active criminal investigation
16  conducted by the agency that is the recipient of the
17  request;
18  (v) disclose unique or specialized investigative
19  techniques other than those generally used and known
20  or disclose internal documents of correctional
21  agencies related to detection, observation, or
22  investigation of incidents of crime or misconduct, and
23  disclosure would result in demonstrable harm to the
24  agency or public body that is the recipient of the
25  request;
26  (vi) endanger the life or physical safety of law

 

 

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1  enforcement personnel or any other person; or
2  (vii) obstruct an ongoing criminal investigation
3  by the agency that is the recipient of the request.
4  (d-5) A law enforcement record created for law
5  enforcement purposes and contained in a shared electronic
6  record management system if the law enforcement agency
7  that is the recipient of the request did not create the
8  record, did not participate in or have a role in any of the
9  events which are the subject of the record, and only has
10  access to the record through the shared electronic record
11  management system.
12  (d-6) Records contained in the Officer Professional
13  Conduct Database under Section 9.2 of the Illinois Police
14  Training Act, except to the extent authorized under that
15  Section. This includes the documents supplied to the
16  Illinois Law Enforcement Training Standards Board from the
17  Illinois State Police and Illinois State Police Merit
18  Board.
19  (d-7) Information gathered or records created from the
20  use of automatic license plate readers in connection with
21  Section 2-130 of the Illinois Vehicle Code.
22  (e) Records that relate to or affect the security of
23  correctional institutions and detention facilities.
24  (e-5) Records requested by persons committed to the
25  Department of Corrections, Department of Human Services
26  Division of Mental Health, or a county jail if those

 

 

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1  materials are available in the library of the correctional
2  institution or facility or jail where the inmate is
3  confined.
4  (e-6) Records requested by persons committed to the
5  Department of Corrections, Department of Human Services
6  Division of Mental Health, or a county jail if those
7  materials include records from staff members' personnel
8  files, staff rosters, or other staffing assignment
9  information.
10  (e-7) Records requested by persons committed to the
11  Department of Corrections or Department of Human Services
12  Division of Mental Health if those materials are available
13  through an administrative request to the Department of
14  Corrections or Department of Human Services Division of
15  Mental Health.
16  (e-8) Records requested by a person committed to the
17  Department of Corrections, Department of Human Services
18  Division of Mental Health, or a county jail, the
19  disclosure of which would result in the risk of harm to any
20  person or the risk of an escape from a jail or correctional
21  institution or facility.
22  (e-9) Records requested by a person in a county jail
23  or committed to the Department of Corrections or
24  Department of Human Services Division of Mental Health,
25  containing personal information pertaining to the person's
26  victim or the victim's family, including, but not limited

 

 

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1  to, a victim's home address, home telephone number, work
2  or school address, work telephone number, social security
3  number, or any other identifying information, except as
4  may be relevant to a requester's current or potential case
5  or claim.
6  (e-10) Law enforcement records of other persons
7  requested by a person committed to the Department of
8  Corrections, Department of Human Services Division of
9  Mental Health, or a county jail, including, but not
10  limited to, arrest and booking records, mug shots, and
11  crime scene photographs, except as these records may be
12  relevant to the requester's current or potential case or
13  claim.
14  (f) Preliminary drafts, notes, recommendations,
15  memoranda, and other records in which opinions are
16  expressed, or policies or actions are formulated, except
17  that a specific record or relevant portion of a record
18  shall not be exempt when the record is publicly cited and
19  identified by the head of the public body. The exemption
20  provided in this paragraph (f) extends to all those
21  records of officers and agencies of the General Assembly
22  that pertain to the preparation of legislative documents.
23  (g) Trade secrets and commercial or financial
24  information obtained from a person or business where the
25  trade secrets or commercial or financial information are
26  furnished under a claim that they are proprietary,

 

 

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1  privileged, or confidential, and that disclosure of the
2  trade secrets or commercial or financial information would
3  cause competitive harm to the person or business, and only
4  insofar as the claim directly applies to the records
5  requested.
6  The information included under this exemption includes
7  all trade secrets and commercial or financial information
8  obtained by a public body, including a public pension
9  fund, from a private equity fund or a privately held
10  company within the investment portfolio of a private
11  equity fund as a result of either investing or evaluating
12  a potential investment of public funds in a private equity
13  fund. The exemption contained in this item does not apply
14  to the aggregate financial performance information of a
15  private equity fund, nor to the identity of the fund's
16  managers or general partners. The exemption contained in
17  this item does not apply to the identity of a privately
18  held company within the investment portfolio of a private
19  equity fund, unless the disclosure of the identity of a
20  privately held company may cause competitive harm.
21  Nothing contained in this paragraph (g) shall be
22  construed to prevent a person or business from consenting
23  to disclosure.
24  (h) Proposals and bids for any contract, grant, or
25  agreement, including information which if it were
26  disclosed would frustrate procurement or give an advantage

 

 

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1  to any person proposing to enter into a contractor
2  agreement with the body, until an award or final selection
3  is made. Information prepared by or for the body in
4  preparation of a bid solicitation shall be exempt until an
5  award or final selection is made.
6  (i) Valuable formulae, computer geographic systems,
7  designs, drawings, and research data obtained or produced
8  by any public body when disclosure could reasonably be
9  expected to produce private gain or public loss. The
10  exemption for "computer geographic systems" provided in
11  this paragraph (i) does not extend to requests made by
12  news media as defined in Section 2 of this Act when the
13  requested information is not otherwise exempt and the only
14  purpose of the request is to access and disseminate
15  information regarding the health, safety, welfare, or
16  legal rights of the general public.
17  (j) The following information pertaining to
18  educational matters:
19  (i) test questions, scoring keys, and other
20  examination data used to administer an academic
21  examination;
22  (ii) information received by a primary or
23  secondary school, college, or university under its
24  procedures for the evaluation of faculty members by
25  their academic peers;
26  (iii) information concerning a school or

 

 

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1  university's adjudication of student disciplinary
2  cases, but only to the extent that disclosure would
3  unavoidably reveal the identity of the student; and
4  (iv) course materials or research materials used
5  by faculty members.
6  (k) Architects' plans, engineers' technical
7  submissions, and other construction related technical
8  documents for projects not constructed or developed in
9  whole or in part with public funds and the same for
10  projects constructed or developed with public funds,
11  including, but not limited to, power generating and
12  distribution stations and other transmission and
13  distribution facilities, water treatment facilities,
14  airport facilities, sport stadiums, convention centers,
15  and all government owned, operated, or occupied buildings,
16  but only to the extent that disclosure would compromise
17  security.
18  (l) Minutes of meetings of public bodies closed to the
19  public as provided in the Open Meetings Act until the
20  public body makes the minutes available to the public
21  under Section 2.06 of the Open Meetings Act.
22  (m) Communications between a public body and an
23  attorney or auditor representing the public body that
24  would not be subject to discovery in litigation, and
25  materials prepared or compiled by or for a public body in
26  anticipation of a criminal, civil, or administrative

 

 

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1  proceeding upon the request of an attorney advising the
2  public body, and materials prepared or compiled with
3  respect to internal audits of public bodies.
4  (n) Records relating to a public body's adjudication
5  of employee grievances or disciplinary cases; however,
6  this exemption shall not extend to the final outcome of
7  cases in which discipline is imposed.
8  (o) Administrative or technical information associated
9  with automated data processing operations, including, but
10  not limited to, software, operating protocols, computer
11  program abstracts, file layouts, source listings, object
12  modules, load modules, user guides, documentation
13  pertaining to all logical and physical design of
14  computerized systems, employee manuals, and any other
15  information that, if disclosed, would jeopardize the
16  security of the system or its data or the security of
17  materials exempt under this Section.
18  (p) Records relating to collective negotiating matters
19  between public bodies and their employees or
20  representatives, except that any final contract or
21  agreement shall be subject to inspection and copying.
22  (q) Test questions, scoring keys, and other
23  examination data used to determine the qualifications of
24  an applicant for a license or employment.
25  (r) The records, documents, and information relating
26  to real estate purchase negotiations until those

 

 

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1  negotiations have been completed or otherwise terminated.
2  With regard to a parcel involved in a pending or actually
3  and reasonably contemplated eminent domain proceeding
4  under the Eminent Domain Act, records, documents, and
5  information relating to that parcel shall be exempt except
6  as may be allowed under discovery rules adopted by the
7  Illinois Supreme Court. The records, documents, and
8  information relating to a real estate sale shall be exempt
9  until a sale is consummated.
10  (s) Any and all proprietary information and records
11  related to the operation of an intergovernmental risk
12  management association or self-insurance pool or jointly
13  self-administered health and accident cooperative or pool.
14  Insurance or self-insurance (including any
15  intergovernmental risk management association or
16  self-insurance pool) claims, loss or risk management
17  information, records, data, advice, or communications.
18  (t) Information contained in or related to
19  examination, operating, or condition reports prepared by,
20  on behalf of, or for the use of a public body responsible
21  for the regulation or supervision of financial
22  institutions, insurance companies, or pharmacy benefit
23  managers, unless disclosure is otherwise required by State
24  law.
25  (u) Information that would disclose or might lead to
26  the disclosure of secret or confidential information,

 

 

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1  codes, algorithms, programs, or private keys intended to
2  be used to create electronic signatures under the Uniform
3  Electronic Transactions Act.
4  (v) Vulnerability assessments, security measures, and
5  response policies or plans that are designed to identify,
6  prevent, or respond to potential attacks upon a
7  community's population or systems, facilities, or
8  installations, but only to the extent that disclosure
9  could reasonably be expected to expose the vulnerability
10  or jeopardize the effectiveness of the measures, policies,
11  or plans, or the safety of the personnel who implement
12  them or the public. Information exempt under this item may
13  include such things as details pertaining to the
14  mobilization or deployment of personnel or equipment, to
15  the operation of communication systems or protocols, to
16  cybersecurity vulnerabilities, or to tactical operations.
17  (w) (Blank).
18  (x) Maps and other records regarding the location or
19  security of generation, transmission, distribution,
20  storage, gathering, treatment, or switching facilities
21  owned by a utility, by a power generator, or by the
22  Illinois Power Agency.
23  (y) Information contained in or related to proposals,
24  bids, or negotiations related to electric power
25  procurement under Section 1-75 of the Illinois Power
26  Agency Act and Section 16-111.5 of the Public Utilities

 

 

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1  Act that is determined to be confidential and proprietary
2  by the Illinois Power Agency or by the Illinois Commerce
3  Commission.
4  (z) Information about students exempted from
5  disclosure under Section 10-20.38 or 34-18.29 of the
6  School Code, and information about undergraduate students
7  enrolled at an institution of higher education exempted
8  from disclosure under Section 25 of the Illinois Credit
9  Card Marketing Act of 2009.
10  (aa) Information the disclosure of which is exempted
11  under the Viatical Settlements Act of 2009.
12  (bb) Records and information provided to a mortality
13  review team and records maintained by a mortality review
14  team appointed under the Department of Juvenile Justice
15  Mortality Review Team Act.
16  (cc) Information regarding interments, entombments, or
17  inurnments of human remains that are submitted to the
18  Cemetery Oversight Database under the Cemetery Care Act or
19  the Cemetery Oversight Act, whichever is applicable.
20  (dd) Correspondence and records (i) that may not be
21  disclosed under Section 11-9 of the Illinois Public Aid
22  Code or (ii) that pertain to appeals under Section 11-8 of
23  the Illinois Public Aid Code.
24  (ee) The names, addresses, or other personal
25  information of persons who are minors and are also
26  participants and registrants in programs of park

 

 

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1  districts, forest preserve districts, conservation
2  districts, recreation agencies, and special recreation
3  associations.
4  (ff) The names, addresses, or other personal
5  information of participants and registrants in programs of
6  park districts, forest preserve districts, conservation
7  districts, recreation agencies, and special recreation
8  associations where such programs are targeted primarily to
9  minors.
10  (gg) Confidential information described in Section
11  1-100 of the Illinois Independent Tax Tribunal Act of
12  2012.
13  (hh) The report submitted to the State Board of
14  Education by the School Security and Standards Task Force
15  under item (8) of subsection (d) of Section 2-3.160 of the
16  School Code and any information contained in that report.
17  (ii) Records requested by persons committed to or
18  detained by the Department of Human Services under the
19  Sexually Violent Persons Commitment Act or committed to
20  the Department of Corrections under the Sexually Dangerous
21  Persons Act if those materials: (i) are available in the
22  library of the facility where the individual is confined;
23  (ii) include records from staff members' personnel files,
24  staff rosters, or other staffing assignment information;
25  or (iii) are available through an administrative request
26  to the Department of Human Services or the Department of

 

 

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1  Corrections.
2  (jj) Confidential information described in Section
3  5-535 of the Civil Administrative Code of Illinois.
4  (kk) The public body's credit card numbers, debit card
5  numbers, bank account numbers, Federal Employer
6  Identification Number, security code numbers, passwords,
7  and similar account information, the disclosure of which
8  could result in identity theft or impression or defrauding
9  of a governmental entity or a person.
10  (ll) Records concerning the work of the threat
11  assessment team of a school district, including, but not
12  limited to, any threat assessment procedure under the
13  School Safety Drill Act and any information contained in
14  the procedure.
15  (mm) Information prohibited from being disclosed under
16  subsections (a) and (b) of Section 15 of the Student
17  Confidential Reporting Act.
18  (nn) Proprietary information submitted to the
19  Environmental Protection Agency under the Drug Take-Back
20  Act.
21  (oo) Records described in subsection (f) of Section
22  3-5-1 of the Unified Code of Corrections.
23  (pp) Any and all information regarding burials,
24  interments, or entombments of human remains as required to
25  be reported to the Department of Natural Resources
26  pursuant either to the Archaeological and Paleontological

 

 

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1  Resources Protection Act or the Human Remains Protection
2  Act.
3  (qq) (pp) Reports described in subsection (e) of
4  Section 16-15 of the Abortion Care Clinical Training
5  Program Act.
6  (rr) (pp) Information obtained by a certified local
7  health department under the Access to Public Health Data
8  Act.
9  (ss) (pp) For a request directed to a public body that
10  is also a HIPAA-covered entity, all information that is
11  protected health information, including demographic
12  information, that may be contained within or extracted
13  from any record held by the public body in compliance with
14  State and federal medical privacy laws and regulations,
15  including, but not limited to, the Health Insurance
16  Portability and Accountability Act and its regulations, 45
17  CFR Parts 160 and 164. As used in this paragraph,
18  "HIPAA-covered entity" has the meaning given to the term
19  "covered entity" in 45 CFR 160.103 and "protected health
20  information" has the meaning given to that term in 45 CFR
21  160.103.
22  (tt) Correspondence and records that may not be
23  disclosed under Section 265 of the Compassionate Use and
24  Research of Entheogens Act.
25  (1.5) Any information exempt from disclosure under the
26  Judicial Privacy Act shall be redacted from public records

 

 

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1  prior to disclosure under this Act.
2  (2) A public record that is not in the possession of a
3  public body but is in the possession of a party with whom the
4  agency has contracted to perform a governmental function on
5  behalf of the public body, and that directly relates to the
6  governmental function and is not otherwise exempt under this
7  Act, shall be considered a public record of the public body,
8  for purposes of this Act.
9  (3) This Section does not authorize withholding of
10  information or limit the availability of records to the
11  public, except as stated in this Section or otherwise provided
12  in this Act.
13  (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
14  102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
15  1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
16  eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
17  103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
18  8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
19  9-7-23.)
20  Section 905. The Criminal Identification Act is amended by
21  changing Section 5.2 as follows:
22  (20 ILCS 2630/5.2)
23  Sec. 5.2. Expungement, sealing, and immediate sealing.
24  (a) General Provisions.

 

 

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1  (1) Definitions. In this Act, words and phrases have
2  the meanings set forth in this subsection, except when a
3  particular context clearly requires a different meaning.
4  (A) The following terms shall have the meanings
5  ascribed to them in the following Sections of the
6  Unified Code of Corrections:
7  Business Offense, Section 5-1-2.
8  Charge, Section 5-1-3.
9  Court, Section 5-1-6.
10  Defendant, Section 5-1-7.
11  Felony, Section 5-1-9.
12  Imprisonment, Section 5-1-10.
13  Judgment, Section 5-1-12.
14  Misdemeanor, Section 5-1-14.
15  Offense, Section 5-1-15.
16  Parole, Section 5-1-16.
17  Petty Offense, Section 5-1-17.
18  Probation, Section 5-1-18.
19  Sentence, Section 5-1-19.
20  Supervision, Section 5-1-21.
21  Victim, Section 5-1-22.
22  (B) As used in this Section, "charge not initiated
23  by arrest" means a charge (as defined by Section 5-1-3
24  of the Unified Code of Corrections) brought against a
25  defendant where the defendant is not arrested prior to
26  or as a direct result of the charge.

 

 

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1  (C) "Conviction" means a judgment of conviction or
2  sentence entered upon a plea of guilty or upon a
3  verdict or finding of guilty of an offense, rendered
4  by a legally constituted jury or by a court of
5  competent jurisdiction authorized to try the case
6  without a jury. An order of supervision successfully
7  completed by the petitioner is not a conviction. An
8  order of qualified probation (as defined in subsection
9  (a)(1)(J)) successfully completed by the petitioner is
10  not a conviction. An order of supervision or an order
11  of qualified probation that is terminated
12  unsatisfactorily is a conviction, unless the
13  unsatisfactory termination is reversed, vacated, or
14  modified and the judgment of conviction, if any, is
15  reversed or vacated.
16  (D) "Criminal offense" means a petty offense,
17  business offense, misdemeanor, felony, or municipal
18  ordinance violation (as defined in subsection
19  (a)(1)(H)). As used in this Section, a minor traffic
20  offense (as defined in subsection (a)(1)(G)) shall not
21  be considered a criminal offense.
22  (E) "Expunge" means to physically destroy the
23  records or return them to the petitioner and to
24  obliterate the petitioner's name from any official
25  index or public record, or both. Nothing in this Act
26  shall require the physical destruction of the circuit

 

 

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1  court file, but such records relating to arrests or
2  charges, or both, ordered expunged shall be impounded
3  as required by subsections (d)(9)(A)(ii) and
4  (d)(9)(B)(ii).
5  (F) As used in this Section, "last sentence" means
6  the sentence, order of supervision, or order of
7  qualified probation (as defined by subsection
8  (a)(1)(J)), for a criminal offense (as defined by
9  subsection (a)(1)(D)) that terminates last in time in
10  any jurisdiction, regardless of whether the petitioner
11  has included the criminal offense for which the
12  sentence or order of supervision or qualified
13  probation was imposed in his or her petition. If
14  multiple sentences, orders of supervision, or orders
15  of qualified probation terminate on the same day and
16  are last in time, they shall be collectively
17  considered the "last sentence" regardless of whether
18  they were ordered to run concurrently.
19  (G) "Minor traffic offense" means a petty offense,
20  business offense, or Class C misdemeanor under the
21  Illinois Vehicle Code or a similar provision of a
22  municipal or local ordinance.
23  (G-5) "Minor Cannabis Offense" means a violation
24  of Section 4 or 5 of the Cannabis Control Act
25  concerning not more than 30 grams of any substance
26  containing cannabis, provided the violation did not

 

 

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1  include a penalty enhancement under Section 7 of the
2  Cannabis Control Act and is not associated with an
3  arrest, conviction or other disposition for a violent
4  crime as defined in subsection (c) of Section 3 of the
5  Rights of Crime Victims and Witnesses Act.
6  (H) "Municipal ordinance violation" means an
7  offense defined by a municipal or local ordinance that
8  is criminal in nature and with which the petitioner
9  was charged or for which the petitioner was arrested
10  and released without charging.
11  (I) "Petitioner" means an adult or a minor
12  prosecuted as an adult who has applied for relief
13  under this Section.
14  (J) "Qualified probation" means an order of
15  probation under Section 10 of the Cannabis Control
16  Act, Section 410 of the Illinois Controlled Substances
17  Act, Section 70 of the Methamphetamine Control and
18  Community Protection Act, Section 5-6-3.3 or 5-6-3.4
19  of the Unified Code of Corrections, Section
20  12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
21  those provisions existed before their deletion by
22  Public Act 89-313), Section 10-102 of the Illinois
23  Alcoholism and Other Drug Dependency Act, Section
24  40-10 of the Substance Use Disorder Act, or Section 10
25  of the Steroid Control Act. For the purpose of this
26  Section, "successful completion" of an order of

 

 

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1  qualified probation under Section 10-102 of the
2  Illinois Alcoholism and Other Drug Dependency Act and
3  Section 40-10 of the Substance Use Disorder Act means
4  that the probation was terminated satisfactorily and
5  the judgment of conviction was vacated.
6  (K) "Seal" means to physically and electronically
7  maintain the records, unless the records would
8  otherwise be destroyed due to age, but to make the
9  records unavailable without a court order, subject to
10  the exceptions in Sections 12 and 13 of this Act. The
11  petitioner's name shall also be obliterated from the
12  official index required to be kept by the circuit
13  court clerk under Section 16 of the Clerks of Courts
14  Act, but any index issued by the circuit court clerk
15  before the entry of the order to seal shall not be
16  affected.
17  (L) "Sexual offense committed against a minor"
18  includes, but is not limited to, the offenses of
19  indecent solicitation of a child or criminal sexual
20  abuse when the victim of such offense is under 18 years
21  of age.
22  (M) "Terminate" as it relates to a sentence or
23  order of supervision or qualified probation includes
24  either satisfactory or unsatisfactory termination of
25  the sentence, unless otherwise specified in this
26  Section. A sentence is terminated notwithstanding any

 

 

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1  outstanding financial legal obligation.
2  (2) Minor Traffic Offenses. Orders of supervision or
3  convictions for minor traffic offenses shall not affect a
4  petitioner's eligibility to expunge or seal records
5  pursuant to this Section.
6  (2.5) Commencing 180 days after July 29, 2016 (the
7  effective date of Public Act 99-697), the law enforcement
8  agency issuing the citation shall automatically expunge,
9  on or before January 1 and July 1 of each year, the law
10  enforcement records of a person found to have committed a
11  civil law violation of subsection (a) of Section 4 of the
12  Cannabis Control Act or subsection (c) of Section 3.5 of
13  the Drug Paraphernalia Control Act in the law enforcement
14  agency's possession or control and which contains the
15  final satisfactory disposition which pertain to the person
16  issued a citation for that offense. The law enforcement
17  agency shall provide by rule the process for access,
18  review, and to confirm the automatic expungement by the
19  law enforcement agency issuing the citation. Commencing
20  180 days after July 29, 2016 (the effective date of Public
21  Act 99-697), the clerk of the circuit court shall expunge,
22  upon order of the court, or in the absence of a court order
23  on or before January 1 and July 1 of each year, the court
24  records of a person found in the circuit court to have
25  committed a civil law violation of subsection (a) of
26  Section 4 of the Cannabis Control Act or subsection (c) of

 

 

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1  Section 3.5 of the Drug Paraphernalia Control Act in the
2  clerk's possession or control and which contains the final
3  satisfactory disposition which pertain to the person
4  issued a citation for any of those offenses.
5  (2.6) Commencing 180 days after the effective date of
6  this amendatory Act of the 103rd General Assembly, the law
7  enforcement agency issuing the citation shall
8  automatically expunge, on or before January 1 and July 1
9  of each year, the law enforcement records of a person
10  found to have committed a violation of subsection (e) of
11  Section 401 of the Illinois Controlled Substances Act by
12  possessing psilocybin and psilocin or of subsection (a) of
13  Section 3.5 of the Drug Paraphernalia Control Act by
14  possessing paraphernalia used in relation to psilocybin
15  and psilocin in the law enforcement agency's possession or
16  control and which contains the final satisfactory
17  disposition which pertain to the person issued a citation
18  for that offense. The law enforcement agency shall provide
19  by rule the process for access, review, and to confirm the
20  automatic expungement by the law enforcement agency
21  issuing the citation. Commencing 180 days after the
22  effective date of this amendatory Act of the 103rd General
23  Assembly, the clerk of the circuit court shall expunge,
24  upon order of the court, or in the absence of a court order
25  on or before January 1 and July 1 of each year, the court
26  records of a person found in the circuit court to have

 

 

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1  committed a violation of subsection (e) of Section 401 of
2  the Illinois Controlled Substances Act by possessing
3  psilocybin and psilocin or of subsection (a) of Section
4  3.5 of the Drug Paraphernalia Control Act by possessing
5  paraphernalia used in relation to psilocybin and psilocin
6  in the clerk's possession or control and which contains
7  the final satisfactory disposition which pertain to the
8  person issued a citation for any of those offenses.
9  (3) Exclusions. Except as otherwise provided in
10  subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
11  of this Section, the court shall not order:
12  (A) the sealing or expungement of the records of
13  arrests or charges not initiated by arrest that result
14  in an order of supervision for or conviction of: (i)
15  any sexual offense committed against a minor; (ii)
16  Section 11-501 of the Illinois Vehicle Code or a
17  similar provision of a local ordinance; or (iii)
18  Section 11-503 of the Illinois Vehicle Code or a
19  similar provision of a local ordinance, unless the
20  arrest or charge is for a misdemeanor violation of
21  subsection (a) of Section 11-503 or a similar
22  provision of a local ordinance, that occurred prior to
23  the offender reaching the age of 25 years and the
24  offender has no other conviction for violating Section
25  11-501 or 11-503 of the Illinois Vehicle Code or a
26  similar provision of a local ordinance.

 

 

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1  (B) the sealing or expungement of records of minor
2  traffic offenses (as defined in subsection (a)(1)(G)),
3  unless the petitioner was arrested and released
4  without charging.
5  (C) the sealing of the records of arrests or
6  charges not initiated by arrest which result in an
7  order of supervision or a conviction for the following
8  offenses:
9  (i) offenses included in Article 11 of the
10  Criminal Code of 1961 or the Criminal Code of 2012
11  or a similar provision of a local ordinance,
12  except Section 11-14 and a misdemeanor violation
13  of Section 11-30 of the Criminal Code of 1961 or
14  the Criminal Code of 2012, or a similar provision
15  of a local ordinance;
16  (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
17  26-5, or 48-1 of the Criminal Code of 1961 or the
18  Criminal Code of 2012, or a similar provision of a
19  local ordinance;
20  (iii) Section 12-3.1 or 12-3.2 of the Criminal
21  Code of 1961 or the Criminal Code of 2012, or
22  Section 125 of the Stalking No Contact Order Act,
23  or Section 219 of the Civil No Contact Order Act,
24  or a similar provision of a local ordinance;
25  (iv) Class A misdemeanors or felony offenses
26  under the Humane Care for Animals Act; or

 

 

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1  (v) any offense or attempted offense that
2  would subject a person to registration under the
3  Sex Offender Registration Act.
4  (D) (blank).
5  (b) Expungement.
6  (1) A petitioner may petition the circuit court to
7  expunge the records of his or her arrests and charges not
8  initiated by arrest when each arrest or charge not
9  initiated by arrest sought to be expunged resulted in: (i)
10  acquittal, dismissal, or the petitioner's release without
11  charging, unless excluded by subsection (a)(3)(B); (ii) a
12  conviction which was vacated or reversed, unless excluded
13  by subsection (a)(3)(B); (iii) an order of supervision and
14  such supervision was successfully completed by the
15  petitioner, unless excluded by subsection (a)(3)(A) or
16  (a)(3)(B); or (iv) an order of qualified probation (as
17  defined in subsection (a)(1)(J)) and such probation was
18  successfully completed by the petitioner.
19  (1.5) When a petitioner seeks to have a record of
20  arrest expunged under this Section, and the offender has
21  been convicted of a criminal offense, the State's Attorney
22  may object to the expungement on the grounds that the
23  records contain specific relevant information aside from
24  the mere fact of the arrest.
25  (2) Time frame for filing a petition to expunge.
26  (A) When the arrest or charge not initiated by

 

 

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1  arrest sought to be expunged resulted in an acquittal,
2  dismissal, the petitioner's release without charging,
3  or the reversal or vacation of a conviction, there is
4  no waiting period to petition for the expungement of
5  such records.
6  (B) When the arrest or charge not initiated by
7  arrest sought to be expunged resulted in an order of
8  supervision, successfully completed by the petitioner,
9  the following time frames will apply:
10  (i) Those arrests or charges that resulted in
11  orders of supervision under Section 3-707, 3-708,
12  3-710, or 5-401.3 of the Illinois Vehicle Code or
13  a similar provision of a local ordinance, or under
14  Section 11-1.50, 12-3.2, or 12-15 of the Criminal
15  Code of 1961 or the Criminal Code of 2012, or a
16  similar provision of a local ordinance, shall not
17  be eligible for expungement until 5 years have
18  passed following the satisfactory termination of
19  the supervision.
20  (i-5) Those arrests or charges that resulted
21  in orders of supervision for a misdemeanor
22  violation of subsection (a) of Section 11-503 of
23  the Illinois Vehicle Code or a similar provision
24  of a local ordinance, that occurred prior to the
25  offender reaching the age of 25 years and the
26  offender has no other conviction for violating

 

 

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1  Section 11-501 or 11-503 of the Illinois Vehicle
2  Code or a similar provision of a local ordinance
3  shall not be eligible for expungement until the
4  petitioner has reached the age of 25 years.
5  (ii) Those arrests or charges that resulted in
6  orders of supervision for any other offenses shall
7  not be eligible for expungement until 2 years have
8  passed following the satisfactory termination of
9  the supervision.
10  (C) When the arrest or charge not initiated by
11  arrest sought to be expunged resulted in an order of
12  qualified probation, successfully completed by the
13  petitioner, such records shall not be eligible for
14  expungement until 5 years have passed following the
15  satisfactory termination of the probation.
16  (3) Those records maintained by the Illinois State
17  Police for persons arrested prior to their 17th birthday
18  shall be expunged as provided in Section 5-915 of the
19  Juvenile Court Act of 1987.
20  (4) Whenever a person has been arrested for or
21  convicted of any offense, in the name of a person whose
22  identity he or she has stolen or otherwise come into
23  possession of, the aggrieved person from whom the identity
24  was stolen or otherwise obtained without authorization,
25  upon learning of the person having been arrested using his
26  or her identity, may, upon verified petition to the chief

 

 

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1  judge of the circuit wherein the arrest was made, have a
2  court order entered nunc pro tunc by the Chief Judge to
3  correct the arrest record, conviction record, if any, and
4  all official records of the arresting authority, the
5  Illinois State Police, other criminal justice agencies,
6  the prosecutor, and the trial court concerning such
7  arrest, if any, by removing his or her name from all such
8  records in connection with the arrest and conviction, if
9  any, and by inserting in the records the name of the
10  offender, if known or ascertainable, in lieu of the
11  aggrieved's name. The records of the circuit court clerk
12  shall be sealed until further order of the court upon good
13  cause shown and the name of the aggrieved person
14  obliterated on the official index required to be kept by
15  the circuit court clerk under Section 16 of the Clerks of
16  Courts Act, but the order shall not affect any index
17  issued by the circuit court clerk before the entry of the
18  order. Nothing in this Section shall limit the Illinois
19  State Police or other criminal justice agencies or
20  prosecutors from listing under an offender's name the
21  false names he or she has used.
22  (5) Whenever a person has been convicted of criminal
23  sexual assault, aggravated criminal sexual assault,
24  predatory criminal sexual assault of a child, criminal
25  sexual abuse, or aggravated criminal sexual abuse, the
26  victim of that offense may request that the State's

 

 

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1  Attorney of the county in which the conviction occurred
2  file a verified petition with the presiding trial judge at
3  the petitioner's trial to have a court order entered to
4  seal the records of the circuit court clerk in connection
5  with the proceedings of the trial court concerning that
6  offense. However, the records of the arresting authority
7  and the Illinois State Police concerning the offense shall
8  not be sealed. The court, upon good cause shown, shall
9  make the records of the circuit court clerk in connection
10  with the proceedings of the trial court concerning the
11  offense available for public inspection.
12  (6) If a conviction has been set aside on direct
13  review or on collateral attack and the court determines by
14  clear and convincing evidence that the petitioner was
15  factually innocent of the charge, the court that finds the
16  petitioner factually innocent of the charge shall enter an
17  expungement order for the conviction for which the
18  petitioner has been determined to be innocent as provided
19  in subsection (b) of Section 5-5-4 of the Unified Code of
20  Corrections.
21  (7) Nothing in this Section shall prevent the Illinois
22  State Police from maintaining all records of any person
23  who is admitted to probation upon terms and conditions and
24  who fulfills those terms and conditions pursuant to
25  Section 10 of the Cannabis Control Act, Section 410 of the
26  Illinois Controlled Substances Act, Section 70 of the

 

 

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1  Methamphetamine Control and Community Protection Act,
2  Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
3  Corrections, Section 12-4.3 or subdivision (b)(1) of
4  Section 12-3.05 of the Criminal Code of 1961 or the
5  Criminal Code of 2012, Section 10-102 of the Illinois
6  Alcoholism and Other Drug Dependency Act, Section 40-10 of
7  the Substance Use Disorder Act, or Section 10 of the
8  Steroid Control Act.
9  (8) If the petitioner has been granted a certificate
10  of innocence under Section 2-702 of the Code of Civil
11  Procedure, the court that grants the certificate of
12  innocence shall also enter an order expunging the
13  conviction for which the petitioner has been determined to
14  be innocent as provided in subsection (h) of Section 2-702
15  of the Code of Civil Procedure.
16  (c) Sealing.
17  (1) Applicability. Notwithstanding any other provision
18  of this Act to the contrary, and cumulative with any
19  rights to expungement of criminal records, this subsection
20  authorizes the sealing of criminal records of adults and
21  of minors prosecuted as adults. Subsection (g) of this
22  Section provides for immediate sealing of certain records.
23  (2) Eligible Records. The following records may be
24  sealed:
25  (A) All arrests resulting in release without
26  charging;

 

 

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1  (B) Arrests or charges not initiated by arrest
2  resulting in acquittal, dismissal, or conviction when
3  the conviction was reversed or vacated, except as
4  excluded by subsection (a)(3)(B);
5  (C) Arrests or charges not initiated by arrest
6  resulting in orders of supervision, including orders
7  of supervision for municipal ordinance violations,
8  successfully completed by the petitioner, unless
9  excluded by subsection (a)(3);
10  (D) Arrests or charges not initiated by arrest
11  resulting in convictions, including convictions on
12  municipal ordinance violations, unless excluded by
13  subsection (a)(3);
14  (E) Arrests or charges not initiated by arrest
15  resulting in orders of first offender probation under
16  Section 10 of the Cannabis Control Act, Section 410 of
17  the Illinois Controlled Substances Act, Section 70 of
18  the Methamphetamine Control and Community Protection
19  Act, or Section 5-6-3.3 of the Unified Code of
20  Corrections; and
21  (F) Arrests or charges not initiated by arrest
22  resulting in felony convictions unless otherwise
23  excluded by subsection (a) paragraph (3) of this
24  Section.
25  (3) When Records Are Eligible to Be Sealed. Records
26  identified as eligible under subsection (c)(2) may be

 

 

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1  sealed as follows:
2  (A) Records identified as eligible under
3  subsections (c)(2)(A) and (c)(2)(B) may be sealed at
4  any time.
5  (B) Except as otherwise provided in subparagraph
6  (E) of this paragraph (3), records identified as
7  eligible under subsection (c)(2)(C) may be sealed 2
8  years after the termination of petitioner's last
9  sentence (as defined in subsection (a)(1)(F)).
10  (C) Except as otherwise provided in subparagraph
11  (E) of this paragraph (3), records identified as
12  eligible under subsections (c)(2)(D), (c)(2)(E), and
13  (c)(2)(F) may be sealed 3 years after the termination
14  of the petitioner's last sentence (as defined in
15  subsection (a)(1)(F)). Convictions requiring public
16  registration under the Arsonist Registration Act, the
17  Sex Offender Registration Act, or the Murderer and
18  Violent Offender Against Youth Registration Act may
19  not be sealed until the petitioner is no longer
20  required to register under that relevant Act.
21  (D) Records identified in subsection
22  (a)(3)(A)(iii) may be sealed after the petitioner has
23  reached the age of 25 years.
24  (E) Records identified as eligible under
25  subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
26  (c)(2)(F) may be sealed upon termination of the

 

 

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1  petitioner's last sentence if the petitioner earned a
2  high school diploma, associate's degree, career
3  certificate, vocational technical certification, or
4  bachelor's degree, or passed the high school level
5  Test of General Educational Development, during the
6  period of his or her sentence or mandatory supervised
7  release. This subparagraph shall apply only to a
8  petitioner who has not completed the same educational
9  goal prior to the period of his or her sentence or
10  mandatory supervised release. If a petition for
11  sealing eligible records filed under this subparagraph
12  is denied by the court, the time periods under
13  subparagraph (B) or (C) shall apply to any subsequent
14  petition for sealing filed by the petitioner.
15  (4) Subsequent felony convictions. A person may not
16  have subsequent felony conviction records sealed as
17  provided in this subsection (c) if he or she is convicted
18  of any felony offense after the date of the sealing of
19  prior felony convictions as provided in this subsection
20  (c). The court may, upon conviction for a subsequent
21  felony offense, order the unsealing of prior felony
22  conviction records previously ordered sealed by the court.
23  (5) Notice of eligibility for sealing. Upon entry of a
24  disposition for an eligible record under this subsection
25  (c), the petitioner shall be informed by the court of the
26  right to have the records sealed and the procedures for

 

 

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1  the sealing of the records.
2  (d) Procedure. The following procedures apply to
3  expungement under subsections (b), (e), and (e-6) and sealing
4  under subsections (c) and (e-5):
5  (1) Filing the petition. Upon becoming eligible to
6  petition for the expungement or sealing of records under
7  this Section, the petitioner shall file a petition
8  requesting the expungement or sealing of records with the
9  clerk of the court where the arrests occurred or the
10  charges were brought, or both. If arrests occurred or
11  charges were brought in multiple jurisdictions, a petition
12  must be filed in each such jurisdiction. The petitioner
13  shall pay the applicable fee, except no fee shall be
14  required if the petitioner has obtained a court order
15  waiving fees under Supreme Court Rule 298 or it is
16  otherwise waived.
17  (1.5) County fee waiver pilot program. From August 9,
18  2019 (the effective date of Public Act 101-306) through
19  December 31, 2020, in a county of 3,000,000 or more
20  inhabitants, no fee shall be required to be paid by a
21  petitioner if the records sought to be expunged or sealed
22  were arrests resulting in release without charging or
23  arrests or charges not initiated by arrest resulting in
24  acquittal, dismissal, or conviction when the conviction
25  was reversed or vacated, unless excluded by subsection
26  (a)(3)(B). The provisions of this paragraph (1.5), other

 

 

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1  than this sentence, are inoperative on and after January
2  1, 2022.
3  (2) Contents of petition. The petition shall be
4  verified and shall contain the petitioner's name, date of
5  birth, current address and, for each arrest or charge not
6  initiated by arrest sought to be sealed or expunged, the
7  case number, the date of arrest (if any), the identity of
8  the arresting authority, and such other information as the
9  court may require. During the pendency of the proceeding,
10  the petitioner shall promptly notify the circuit court
11  clerk of any change of his or her address. If the
12  petitioner has received a certificate of eligibility for
13  sealing from the Prisoner Review Board under paragraph
14  (10) of subsection (a) of Section 3-3-2 of the Unified
15  Code of Corrections, the certificate shall be attached to
16  the petition.
17  (3) Drug test. The petitioner must attach to the
18  petition proof that the petitioner has taken within 30
19  days before the filing of the petition a test showing the
20  absence within his or her body of all illegal substances
21  as defined by the Illinois Controlled Substances Act and
22  the Methamphetamine Control and Community Protection Act
23  if he or she is petitioning to:
24  (A) seal felony records under clause (c)(2)(E);
25  (B) seal felony records for a violation of the
26  Illinois Controlled Substances Act, the

 

 

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1  Methamphetamine Control and Community Protection Act,
2  or the Cannabis Control Act under clause (c)(2)(F);
3  (C) seal felony records under subsection (e-5); or
4  (D) expunge felony records of a qualified
5  probation under clause (b)(1)(iv).
6  (4) Service of petition. The circuit court clerk shall
7  promptly serve a copy of the petition and documentation to
8  support the petition under subsection (e-5) or (e-6) on
9  the State's Attorney or prosecutor charged with the duty
10  of prosecuting the offense, the Illinois State Police, the
11  arresting agency and the chief legal officer of the unit
12  of local government effecting the arrest.
13  (5) Objections.
14  (A) Any party entitled to notice of the petition
15  may file an objection to the petition. All objections
16  shall be in writing, shall be filed with the circuit
17  court clerk, and shall state with specificity the
18  basis of the objection. Whenever a person who has been
19  convicted of an offense is granted a pardon by the
20  Governor which specifically authorizes expungement, an
21  objection to the petition may not be filed.
22  (B) Objections to a petition to expunge or seal
23  must be filed within 60 days of the date of service of
24  the petition.
25  (6) Entry of order.
26  (A) The Chief Judge of the circuit wherein the

 

 

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1  charge was brought, any judge of that circuit
2  designated by the Chief Judge, or in counties of less
3  than 3,000,000 inhabitants, the presiding trial judge
4  at the petitioner's trial, if any, shall rule on the
5  petition to expunge or seal as set forth in this
6  subsection (d)(6).
7  (B) Unless the State's Attorney or prosecutor, the
8  Illinois State Police, the arresting agency, or the
9  chief legal officer files an objection to the petition
10  to expunge or seal within 60 days from the date of
11  service of the petition, the court shall enter an
12  order granting or denying the petition.
13  (C) Notwithstanding any other provision of law,
14  the court shall not deny a petition for sealing under
15  this Section because the petitioner has not satisfied
16  an outstanding legal financial obligation established,
17  imposed, or originated by a court, law enforcement
18  agency, or a municipal, State, county, or other unit
19  of local government, including, but not limited to,
20  any cost, assessment, fine, or fee. An outstanding
21  legal financial obligation does not include any court
22  ordered restitution to a victim under Section 5-5-6 of
23  the Unified Code of Corrections, unless the
24  restitution has been converted to a civil judgment.
25  Nothing in this subparagraph (C) waives, rescinds, or
26  abrogates a legal financial obligation or otherwise

 

 

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1  eliminates or affects the right of the holder of any
2  financial obligation to pursue collection under
3  applicable federal, State, or local law.
4  (D) Notwithstanding any other provision of law,
5  the court shall not deny a petition to expunge or seal
6  under this Section because the petitioner has
7  submitted a drug test taken within 30 days before the
8  filing of the petition to expunge or seal that
9  indicates a positive test for the presence of cannabis
10  within the petitioner's body. In this subparagraph
11  (D), "cannabis" has the meaning ascribed to it in
12  Section 3 of the Cannabis Control Act.
13  (7) Hearings. If an objection is filed, the court
14  shall set a date for a hearing and notify the petitioner
15  and all parties entitled to notice of the petition of the
16  hearing date at least 30 days prior to the hearing. Prior
17  to the hearing, the State's Attorney shall consult with
18  the Illinois State Police as to the appropriateness of the
19  relief sought in the petition to expunge or seal. At the
20  hearing, the court shall hear evidence on whether the
21  petition should or should not be granted, and shall grant
22  or deny the petition to expunge or seal the records based
23  on the evidence presented at the hearing. The court may
24  consider the following:
25  (A) the strength of the evidence supporting the
26  defendant's conviction;

 

 

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1  (B) the reasons for retention of the conviction
2  records by the State;
3  (C) the petitioner's age, criminal record history,
4  and employment history;
5  (D) the period of time between the petitioner's
6  arrest on the charge resulting in the conviction and
7  the filing of the petition under this Section; and
8  (E) the specific adverse consequences the
9  petitioner may be subject to if the petition is
10  denied.
11  (8) Service of order. After entering an order to
12  expunge or seal records, the court must provide copies of
13  the order to the Illinois State Police, in a form and
14  manner prescribed by the Illinois State Police, to the
15  petitioner, to the State's Attorney or prosecutor charged
16  with the duty of prosecuting the offense, to the arresting
17  agency, to the chief legal officer of the unit of local
18  government effecting the arrest, and to such other
19  criminal justice agencies as may be ordered by the court.
20  (9) Implementation of order.
21  (A) Upon entry of an order to expunge records
22  pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
23  both:
24  (i) the records shall be expunged (as defined
25  in subsection (a)(1)(E)) by the arresting agency,
26  the Illinois State Police, and any other agency as

 

 

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1  ordered by the court, within 60 days of the date of
2  service of the order, unless a motion to vacate,
3  modify, or reconsider the order is filed pursuant
4  to paragraph (12) of subsection (d) of this
5  Section;
6  (ii) the records of the circuit court clerk
7  shall be impounded until further order of the
8  court upon good cause shown and the name of the
9  petitioner obliterated on the official index
10  required to be kept by the circuit court clerk
11  under Section 16 of the Clerks of Courts Act, but
12  the order shall not affect any index issued by the
13  circuit court clerk before the entry of the order;
14  and
15  (iii) in response to an inquiry for expunged
16  records, the court, the Illinois State Police, or
17  the agency receiving such inquiry, shall reply as
18  it does in response to inquiries when no records
19  ever existed.
20  (B) Upon entry of an order to expunge records
21  pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
22  both:
23  (i) the records shall be expunged (as defined
24  in subsection (a)(1)(E)) by the arresting agency
25  and any other agency as ordered by the court,
26  within 60 days of the date of service of the order,

 

 

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1  unless a motion to vacate, modify, or reconsider
2  the order is filed pursuant to paragraph (12) of
3  subsection (d) of this Section;
4  (ii) the records of the circuit court clerk
5  shall be impounded until further order of the
6  court upon good cause shown and the name of the
7  petitioner obliterated on the official index
8  required to be kept by the circuit court clerk
9  under Section 16 of the Clerks of Courts Act, but
10  the order shall not affect any index issued by the
11  circuit court clerk before the entry of the order;
12  (iii) the records shall be impounded by the
13  Illinois State Police within 60 days of the date
14  of service of the order as ordered by the court,
15  unless a motion to vacate, modify, or reconsider
16  the order is filed pursuant to paragraph (12) of
17  subsection (d) of this Section;
18  (iv) records impounded by the Illinois State
19  Police may be disseminated by the Illinois State
20  Police only as required by law or to the arresting
21  authority, the State's Attorney, and the court
22  upon a later arrest for the same or a similar
23  offense or for the purpose of sentencing for any
24  subsequent felony, and to the Department of
25  Corrections upon conviction for any offense; and
26  (v) in response to an inquiry for such records

 

 

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1  from anyone not authorized by law to access such
2  records, the court, the Illinois State Police, or
3  the agency receiving such inquiry shall reply as
4  it does in response to inquiries when no records
5  ever existed.
6  (B-5) Upon entry of an order to expunge records
7  under subsection (e-6):
8  (i) the records shall be expunged (as defined
9  in subsection (a)(1)(E)) by the arresting agency
10  and any other agency as ordered by the court,
11  within 60 days of the date of service of the order,
12  unless a motion to vacate, modify, or reconsider
13  the order is filed under paragraph (12) of
14  subsection (d) of this Section;
15  (ii) the records of the circuit court clerk
16  shall be impounded until further order of the
17  court upon good cause shown and the name of the
18  petitioner obliterated on the official index
19  required to be kept by the circuit court clerk
20  under Section 16 of the Clerks of Courts Act, but
21  the order shall not affect any index issued by the
22  circuit court clerk before the entry of the order;
23  (iii) the records shall be impounded by the
24  Illinois State Police within 60 days of the date
25  of service of the order as ordered by the court,
26  unless a motion to vacate, modify, or reconsider

 

 

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1  the order is filed under paragraph (12) of
2  subsection (d) of this Section;
3  (iv) records impounded by the Illinois State
4  Police may be disseminated by the Illinois State
5  Police only as required by law or to the arresting
6  authority, the State's Attorney, and the court
7  upon a later arrest for the same or a similar
8  offense or for the purpose of sentencing for any
9  subsequent felony, and to the Department of
10  Corrections upon conviction for any offense; and
11  (v) in response to an inquiry for these
12  records from anyone not authorized by law to
13  access the records, the court, the Illinois State
14  Police, or the agency receiving the inquiry shall
15  reply as it does in response to inquiries when no
16  records ever existed.
17  (C) Upon entry of an order to seal records under
18  subsection (c), the arresting agency, any other agency
19  as ordered by the court, the Illinois State Police,
20  and the court shall seal the records (as defined in
21  subsection (a)(1)(K)). In response to an inquiry for
22  such records, from anyone not authorized by law to
23  access such records, the court, the Illinois State
24  Police, or the agency receiving such inquiry shall
25  reply as it does in response to inquiries when no
26  records ever existed.

 

 

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1  (D) The Illinois State Police shall send written
2  notice to the petitioner of its compliance with each
3  order to expunge or seal records within 60 days of the
4  date of service of that order or, if a motion to
5  vacate, modify, or reconsider is filed, within 60 days
6  of service of the order resolving the motion, if that
7  order requires the Illinois State Police to expunge or
8  seal records. In the event of an appeal from the
9  circuit court order, the Illinois State Police shall
10  send written notice to the petitioner of its
11  compliance with an Appellate Court or Supreme Court
12  judgment to expunge or seal records within 60 days of
13  the issuance of the court's mandate. The notice is not
14  required while any motion to vacate, modify, or
15  reconsider, or any appeal or petition for
16  discretionary appellate review, is pending.
17  (E) Upon motion, the court may order that a sealed
18  judgment or other court record necessary to
19  demonstrate the amount of any legal financial
20  obligation due and owing be made available for the
21  limited purpose of collecting any legal financial
22  obligations owed by the petitioner that were
23  established, imposed, or originated in the criminal
24  proceeding for which those records have been sealed.
25  The records made available under this subparagraph (E)
26  shall not be entered into the official index required

 

 

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1  to be kept by the circuit court clerk under Section 16
2  of the Clerks of Courts Act and shall be immediately
3  re-impounded upon the collection of the outstanding
4  financial obligations.
5  (F) Notwithstanding any other provision of this
6  Section, a circuit court clerk may access a sealed
7  record for the limited purpose of collecting payment
8  for any legal financial obligations that were
9  established, imposed, or originated in the criminal
10  proceedings for which those records have been sealed.
11  (10) Fees. The Illinois State Police may charge the
12  petitioner a fee equivalent to the cost of processing any
13  order to expunge or seal records. Notwithstanding any
14  provision of the Clerks of Courts Act to the contrary, the
15  circuit court clerk may charge a fee equivalent to the
16  cost associated with the sealing or expungement of records
17  by the circuit court clerk. From the total filing fee
18  collected for the petition to seal or expunge, the circuit
19  court clerk shall deposit $10 into the Circuit Court Clerk
20  Operation and Administrative Fund, to be used to offset
21  the costs incurred by the circuit court clerk in
22  performing the additional duties required to serve the
23  petition to seal or expunge on all parties. The circuit
24  court clerk shall collect and remit the Illinois State
25  Police portion of the fee to the State Treasurer and it
26  shall be deposited in the State Police Services Fund. If

 

 

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1  the record brought under an expungement petition was
2  previously sealed under this Section, the fee for the
3  expungement petition for that same record shall be waived.
4  (11) Final Order. No court order issued under the
5  expungement or sealing provisions of this Section shall
6  become final for purposes of appeal until 30 days after
7  service of the order on the petitioner and all parties
8  entitled to notice of the petition.
9  (12) Motion to Vacate, Modify, or Reconsider. Under
10  Section 2-1203 of the Code of Civil Procedure, the
11  petitioner or any party entitled to notice may file a
12  motion to vacate, modify, or reconsider the order granting
13  or denying the petition to expunge or seal within 60 days
14  of service of the order. If filed more than 60 days after
15  service of the order, a petition to vacate, modify, or
16  reconsider shall comply with subsection (c) of Section
17  2-1401 of the Code of Civil Procedure. Upon filing of a
18  motion to vacate, modify, or reconsider, notice of the
19  motion shall be served upon the petitioner and all parties
20  entitled to notice of the petition.
21  (13) Effect of Order. An order granting a petition
22  under the expungement or sealing provisions of this
23  Section shall not be considered void because it fails to
24  comply with the provisions of this Section or because of
25  any error asserted in a motion to vacate, modify, or
26  reconsider. The circuit court retains jurisdiction to

 

 

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1  determine whether the order is voidable and to vacate,
2  modify, or reconsider its terms based on a motion filed
3  under paragraph (12) of this subsection (d).
4  (14) Compliance with Order Granting Petition to Seal
5  Records. Unless a court has entered a stay of an order
6  granting a petition to seal, all parties entitled to
7  notice of the petition must fully comply with the terms of
8  the order within 60 days of service of the order even if a
9  party is seeking relief from the order through a motion
10  filed under paragraph (12) of this subsection (d) or is
11  appealing the order.
12  (15) Compliance with Order Granting Petition to
13  Expunge Records. While a party is seeking relief from the
14  order granting the petition to expunge through a motion
15  filed under paragraph (12) of this subsection (d) or is
16  appealing the order, and unless a court has entered a stay
17  of that order, the parties entitled to notice of the
18  petition must seal, but need not expunge, the records
19  until there is a final order on the motion for relief or,
20  in the case of an appeal, the issuance of that court's
21  mandate.
22  (16) The changes to this subsection (d) made by Public
23  Act 98-163 apply to all petitions pending on August 5,
24  2013 (the effective date of Public Act 98-163) and to all
25  orders ruling on a petition to expunge or seal on or after
26  August 5, 2013 (the effective date of Public Act 98-163).

 

 

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1  (e) Whenever a person who has been convicted of an offense
2  is granted a pardon by the Governor which specifically
3  authorizes expungement, he or she may, upon verified petition
4  to the Chief Judge of the circuit where the person had been
5  convicted, any judge of the circuit designated by the Chief
6  Judge, or in counties of less than 3,000,000 inhabitants, the
7  presiding trial judge at the defendant's trial, have a court
8  order entered expunging the record of arrest from the official
9  records of the arresting authority and order that the records
10  of the circuit court clerk and the Illinois State Police be
11  sealed until further order of the court upon good cause shown
12  or as otherwise provided herein, and the name of the defendant
13  obliterated from the official index requested to be kept by
14  the circuit court clerk under Section 16 of the Clerks of
15  Courts Act in connection with the arrest and conviction for
16  the offense for which he or she had been pardoned but the order
17  shall not affect any index issued by the circuit court clerk
18  before the entry of the order. All records sealed by the
19  Illinois State Police may be disseminated by the Illinois
20  State Police only to the arresting authority, the State's
21  Attorney, and the court upon a later arrest for the same or
22  similar offense or for the purpose of sentencing for any
23  subsequent felony. Upon conviction for any subsequent offense,
24  the Department of Corrections shall have access to all sealed
25  records of the Illinois State Police pertaining to that
26  individual. Upon entry of the order of expungement, the

 

 

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1  circuit court clerk shall promptly mail a copy of the order to
2  the person who was pardoned.
3  (e-5) Whenever a person who has been convicted of an
4  offense is granted a certificate of eligibility for sealing by
5  the Prisoner Review Board which specifically authorizes
6  sealing, he or she may, upon verified petition to the Chief
7  Judge of the circuit where the person had been convicted, any
8  judge of the circuit designated by the Chief Judge, or in
9  counties of less than 3,000,000 inhabitants, the presiding
10  trial judge at the petitioner's trial, have a court order
11  entered sealing the record of arrest from the official records
12  of the arresting authority and order that the records of the
13  circuit court clerk and the Illinois State Police be sealed
14  until further order of the court upon good cause shown or as
15  otherwise provided herein, and the name of the petitioner
16  obliterated from the official index requested to be kept by
17  the circuit court clerk under Section 16 of the Clerks of
18  Courts Act in connection with the arrest and conviction for
19  the offense for which he or she had been granted the
20  certificate but the order shall not affect any index issued by
21  the circuit court clerk before the entry of the order. All
22  records sealed by the Illinois State Police may be
23  disseminated by the Illinois State Police only as required by
24  this Act or to the arresting authority, a law enforcement
25  agency, the State's Attorney, and the court upon a later
26  arrest for the same or similar offense or for the purpose of

 

 

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1  sentencing for any subsequent felony. Upon conviction for any
2  subsequent offense, the Department of Corrections shall have
3  access to all sealed records of the Illinois State Police
4  pertaining to that individual. Upon entry of the order of
5  sealing, the circuit court clerk shall promptly mail a copy of
6  the order to the person who was granted the certificate of
7  eligibility for sealing.
8  (e-6) Whenever a person who has been convicted of an
9  offense is granted a certificate of eligibility for
10  expungement by the Prisoner Review Board which specifically
11  authorizes expungement, he or she may, upon verified petition
12  to the Chief Judge of the circuit where the person had been
13  convicted, any judge of the circuit designated by the Chief
14  Judge, or in counties of less than 3,000,000 inhabitants, the
15  presiding trial judge at the petitioner's trial, have a court
16  order entered expunging the record of arrest from the official
17  records of the arresting authority and order that the records
18  of the circuit court clerk and the Illinois State Police be
19  sealed until further order of the court upon good cause shown
20  or as otherwise provided herein, and the name of the
21  petitioner obliterated from the official index requested to be
22  kept by the circuit court clerk under Section 16 of the Clerks
23  of Courts Act in connection with the arrest and conviction for
24  the offense for which he or she had been granted the
25  certificate but the order shall not affect any index issued by
26  the circuit court clerk before the entry of the order. All

 

 

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1  records sealed by the Illinois State Police may be
2  disseminated by the Illinois State Police only as required by
3  this Act or to the arresting authority, a law enforcement
4  agency, the State's Attorney, and the court upon a later
5  arrest for the same or similar offense or for the purpose of
6  sentencing for any subsequent felony. Upon conviction for any
7  subsequent offense, the Department of Corrections shall have
8  access to all expunged records of the Illinois State Police
9  pertaining to that individual. Upon entry of the order of
10  expungement, the circuit court clerk shall promptly mail a
11  copy of the order to the person who was granted the certificate
12  of eligibility for expungement.
13  (f) Subject to available funding, the Illinois Department
14  of Corrections shall conduct a study of the impact of sealing,
15  especially on employment and recidivism rates, utilizing a
16  random sample of those who apply for the sealing of their
17  criminal records under Public Act 93-211. At the request of
18  the Illinois Department of Corrections, records of the
19  Illinois Department of Employment Security shall be utilized
20  as appropriate to assist in the study. The study shall not
21  disclose any data in a manner that would allow the
22  identification of any particular individual or employing unit.
23  The study shall be made available to the General Assembly no
24  later than September 1, 2010.
25  (g) Immediate Sealing.
26  (1) Applicability. Notwithstanding any other provision

 

 

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1  of this Act to the contrary, and cumulative with any
2  rights to expungement or sealing of criminal records, this
3  subsection authorizes the immediate sealing of criminal
4  records of adults and of minors prosecuted as adults.
5  (2) Eligible Records. Arrests or charges not initiated
6  by arrest resulting in acquittal or dismissal with
7  prejudice, except as excluded by subsection (a)(3)(B),
8  that occur on or after January 1, 2018 (the effective date
9  of Public Act 100-282), may be sealed immediately if the
10  petition is filed with the circuit court clerk on the same
11  day and during the same hearing in which the case is
12  disposed.
13  (3) When Records are Eligible to be Immediately
14  Sealed. Eligible records under paragraph (2) of this
15  subsection (g) may be sealed immediately after entry of
16  the final disposition of a case, notwithstanding the
17  disposition of other charges in the same case.
18  (4) Notice of Eligibility for Immediate Sealing. Upon
19  entry of a disposition for an eligible record under this
20  subsection (g), the defendant shall be informed by the
21  court of his or her right to have eligible records
22  immediately sealed and the procedure for the immediate
23  sealing of these records.
24  (5) Procedure. The following procedures apply to
25  immediate sealing under this subsection (g).
26  (A) Filing the Petition. Upon entry of the final

 

 

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1  disposition of the case, the defendant's attorney may
2  immediately petition the court, on behalf of the
3  defendant, for immediate sealing of eligible records
4  under paragraph (2) of this subsection (g) that are
5  entered on or after January 1, 2018 (the effective
6  date of Public Act 100-282). The immediate sealing
7  petition may be filed with the circuit court clerk
8  during the hearing in which the final disposition of
9  the case is entered. If the defendant's attorney does
10  not file the petition for immediate sealing during the
11  hearing, the defendant may file a petition for sealing
12  at any time as authorized under subsection (c)(3)(A).
13  (B) Contents of Petition. The immediate sealing
14  petition shall be verified and shall contain the
15  petitioner's name, date of birth, current address, and
16  for each eligible record, the case number, the date of
17  arrest if applicable, the identity of the arresting
18  authority if applicable, and other information as the
19  court may require.
20  (C) Drug Test. The petitioner shall not be
21  required to attach proof that he or she has passed a
22  drug test.
23  (D) Service of Petition. A copy of the petition
24  shall be served on the State's Attorney in open court.
25  The petitioner shall not be required to serve a copy of
26  the petition on any other agency.

 

 

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1  (E) Entry of Order. The presiding trial judge
2  shall enter an order granting or denying the petition
3  for immediate sealing during the hearing in which it
4  is filed. Petitions for immediate sealing shall be
5  ruled on in the same hearing in which the final
6  disposition of the case is entered.
7  (F) Hearings. The court shall hear the petition
8  for immediate sealing on the same day and during the
9  same hearing in which the disposition is rendered.
10  (G) Service of Order. An order to immediately seal
11  eligible records shall be served in conformance with
12  subsection (d)(8).
13  (H) Implementation of Order. An order to
14  immediately seal records shall be implemented in
15  conformance with subsections (d)(9)(C) and (d)(9)(D).
16  (I) Fees. The fee imposed by the circuit court
17  clerk and the Illinois State Police shall comply with
18  paragraph (1) of subsection (d) of this Section.
19  (J) Final Order. No court order issued under this
20  subsection (g) shall become final for purposes of
21  appeal until 30 days after service of the order on the
22  petitioner and all parties entitled to service of the
23  order in conformance with subsection (d)(8).
24  (K) Motion to Vacate, Modify, or Reconsider. Under
25  Section 2-1203 of the Code of Civil Procedure, the
26  petitioner, State's Attorney, or the Illinois State

 

 

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1  Police may file a motion to vacate, modify, or
2  reconsider the order denying the petition to
3  immediately seal within 60 days of service of the
4  order. If filed more than 60 days after service of the
5  order, a petition to vacate, modify, or reconsider
6  shall comply with subsection (c) of Section 2-1401 of
7  the Code of Civil Procedure.
8  (L) Effect of Order. An order granting an
9  immediate sealing petition shall not be considered
10  void because it fails to comply with the provisions of
11  this Section or because of an error asserted in a
12  motion to vacate, modify, or reconsider. The circuit
13  court retains jurisdiction to determine whether the
14  order is voidable, and to vacate, modify, or
15  reconsider its terms based on a motion filed under
16  subparagraph (L) of this subsection (g).
17  (M) Compliance with Order Granting Petition to
18  Seal Records. Unless a court has entered a stay of an
19  order granting a petition to immediately seal, all
20  parties entitled to service of the order must fully
21  comply with the terms of the order within 60 days of
22  service of the order.
23  (h) Sealing or vacation and expungement of trafficking
24  victims' crimes.
25  (1) A trafficking victim, as defined by paragraph (10)
26  of subsection (a) of Section 10-9 of the Criminal Code of

 

 

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1  2012, may petition for vacation and expungement or
2  immediate sealing of his or her criminal record upon the
3  completion of his or her last sentence if his or her
4  participation in the underlying offense was a result of
5  human trafficking under Section 10-9 of the Criminal Code
6  of 2012 or a severe form of trafficking under the federal
7  Trafficking Victims Protection Act.
8  (1.5) A petition under paragraph (1) shall be
9  prepared, signed, and filed in accordance with Supreme
10  Court Rule 9. The court may allow the petitioner to attend
11  any required hearing remotely in accordance with local
12  rules. The court may allow a petition to be filed under
13  seal if the public filing of the petition would constitute
14  a risk of harm to the petitioner.
15  (2) A petitioner under this subsection (h), in
16  addition to the requirements provided under paragraph (4)
17  of subsection (d) of this Section, shall include in his or
18  her petition a clear and concise statement that: (A) he or
19  she was a victim of human trafficking at the time of the
20  offense; and (B) that his or her participation in the
21  offense was a result of human trafficking under Section
22  10-9 of the Criminal Code of 2012 or a severe form of
23  trafficking under the federal Trafficking Victims
24  Protection Act.
25  (3) If an objection is filed alleging that the
26  petitioner is not entitled to vacation and expungement or

 

 

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1  immediate sealing under this subsection (h), the court
2  shall conduct a hearing under paragraph (7) of subsection
3  (d) of this Section and the court shall determine whether
4  the petitioner is entitled to vacation and expungement or
5  immediate sealing under this subsection (h). A petitioner
6  is eligible for vacation and expungement or immediate
7  relief under this subsection (h) if he or she shows, by a
8  preponderance of the evidence, that: (A) he or she was a
9  victim of human trafficking at the time of the offense;
10  and (B) that his or her participation in the offense was a
11  result of human trafficking under Section 10-9 of the
12  Criminal Code of 2012 or a severe form of trafficking
13  under the federal Trafficking Victims Protection Act.
14  (i) Minor Cannabis Offenses under the Cannabis Control
15  Act.
16  (1) Expungement of Arrest Records of Minor Cannabis
17  Offenses.
18  (A) The Illinois State Police and all law
19  enforcement agencies within the State shall
20  automatically expunge all criminal history records of
21  an arrest, charge not initiated by arrest, order of
22  supervision, or order of qualified probation for a
23  Minor Cannabis Offense committed prior to June 25,
24  2019 (the effective date of Public Act 101-27) if:
25  (i) One year or more has elapsed since the
26  date of the arrest or law enforcement interaction

 

 

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1  documented in the records; and
2  (ii) No criminal charges were filed relating
3  to the arrest or law enforcement interaction or
4  criminal charges were filed and subsequently
5  dismissed or vacated or the arrestee was
6  acquitted.
7  (B) If the law enforcement agency is unable to
8  verify satisfaction of condition (ii) in paragraph
9  (A), records that satisfy condition (i) in paragraph
10  (A) shall be automatically expunged.
11  (C) Records shall be expunged by the law
12  enforcement agency under the following timelines:
13  (i) Records created prior to June 25, 2019
14  (the effective date of Public Act 101-27), but on
15  or after January 1, 2013, shall be automatically
16  expunged prior to January 1, 2021;
17  (ii) Records created prior to January 1, 2013,
18  but on or after January 1, 2000, shall be
19  automatically expunged prior to January 1, 2025
20  2023;
21  (iii) Records created prior to January 1, 2000
22  shall be automatically expunged prior to January
23  1, 2027 2025.
24  In response to an inquiry for expunged records,
25  the law enforcement agency receiving such inquiry
26  shall reply as it does in response to inquiries when no

 

 

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1  records ever existed; however, it shall provide a
2  certificate of disposition or confirmation that the
3  record was expunged to the individual whose record was
4  expunged if such a record exists.
5  (D) Nothing in this Section shall be construed to
6  restrict or modify an individual's right to have that
7  individual's records expunged except as otherwise may
8  be provided in this Act, or diminish or abrogate any
9  rights or remedies otherwise available to the
10  individual.
11  (2) Pardons Authorizing Expungement of Minor Cannabis
12  Offenses.
13  (A) Upon June 25, 2019 (the effective date of
14  Public Act 101-27), the Department of State Police
15  shall review all criminal history record information
16  and identify all records that meet all of the
17  following criteria:
18  (i) one or more convictions for a Minor
19  Cannabis Offense;
20  (ii) the conviction identified in paragraph
21  (2)(A)(i) did not include a penalty enhancement
22  under Section 7 of the Cannabis Control Act; and
23  (iii) the conviction identified in paragraph
24  (2)(A)(i) is not associated with a conviction for
25  a violent crime as defined in subsection (c) of
26  Section 3 of the Rights of Crime Victims and

 

 

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1  Witnesses Act.
2  (B) Within 180 days after June 25, 2019 (the
3  effective date of Public Act 101-27), the Department
4  of State Police shall notify the Prisoner Review Board
5  of all such records that meet the criteria established
6  in paragraph (2)(A).
7  (i) The Prisoner Review Board shall notify the
8  State's Attorney of the county of conviction of
9  each record identified by State Police in
10  paragraph (2)(A) that is classified as a Class 4
11  felony. The State's Attorney may provide a written
12  objection to the Prisoner Review Board on the sole
13  basis that the record identified does not meet the
14  criteria established in paragraph (2)(A). Such an
15  objection must be filed within 60 days or by such
16  later date set by the Prisoner Review Board in the
17  notice after the State's Attorney received notice
18  from the Prisoner Review Board.
19  (ii) In response to a written objection from a
20  State's Attorney, the Prisoner Review Board is
21  authorized to conduct a non-public hearing to
22  evaluate the information provided in the
23  objection.
24  (iii) The Prisoner Review Board shall make a
25  confidential and privileged recommendation to the
26  Governor as to whether to grant a pardon

 

 

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1  authorizing expungement for each of the records
2  identified by the Department of State Police as
3  described in paragraph (2)(A).
4  (C) If an individual has been granted a pardon
5  authorizing expungement as described in this Section,
6  the Prisoner Review Board, through the Attorney
7  General, shall file a petition for expungement with
8  the Chief Judge of the circuit or any judge of the
9  circuit designated by the Chief Judge where the
10  individual had been convicted. Such petition may
11  include more than one individual. Whenever an
12  individual who has been convicted of an offense is
13  granted a pardon by the Governor that specifically
14  authorizes expungement, an objection to the petition
15  may not be filed. Petitions to expunge under this
16  subsection (i) may include more than one individual.
17  Within 90 days of the filing of such a petition, the
18  court shall enter an order expunging the records of
19  arrest from the official records of the arresting
20  authority and order that the records of the circuit
21  court clerk and the Illinois State Police be expunged
22  and the name of the defendant obliterated from the
23  official index requested to be kept by the circuit
24  court clerk under Section 16 of the Clerks of Courts
25  Act in connection with the arrest and conviction for
26  the offense for which the individual had received a

 

 

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1  pardon but the order shall not affect any index issued
2  by the circuit court clerk before the entry of the
3  order. Upon entry of the order of expungement, the
4  circuit court clerk shall promptly provide a copy of
5  the order and a certificate of disposition to the
6  individual who was pardoned to the individual's last
7  known address or by electronic means (if available) or
8  otherwise make it available to the individual upon
9  request.
10  (D) Nothing in this Section is intended to
11  diminish or abrogate any rights or remedies otherwise
12  available to the individual.
13  (3) Any individual may file a motion to vacate and
14  expunge a conviction for a misdemeanor or Class 4 felony
15  violation of Section 4 or Section 5 of the Cannabis
16  Control Act. Motions to vacate and expunge under this
17  subsection (i) may be filed with the circuit court, Chief
18  Judge of a judicial circuit or any judge of the circuit
19  designated by the Chief Judge. The circuit court clerk
20  shall promptly serve a copy of the motion to vacate and
21  expunge, and any supporting documentation, on the State's
22  Attorney or prosecutor charged with the duty of
23  prosecuting the offense. When considering such a motion to
24  vacate and expunge, a court shall consider the following:
25  the reasons to retain the records provided by law
26  enforcement, the petitioner's age, the petitioner's age at

 

 

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1  the time of offense, the time since the conviction, and
2  the specific adverse consequences if denied. An individual
3  may file such a petition after the completion of any
4  non-financial sentence or non-financial condition imposed
5  by the conviction. Within 60 days of the filing of such
6  motion, a State's Attorney may file an objection to such a
7  petition along with supporting evidence. If a motion to
8  vacate and expunge is granted, the records shall be
9  expunged in accordance with subparagraphs (d)(8) and
10  (d)(9)(A) of this Section. An agency providing civil legal
11  aid, as defined by Section 15 of the Public Interest
12  Attorney Assistance Act, assisting individuals seeking to
13  file a motion to vacate and expunge under this subsection
14  may file motions to vacate and expunge with the Chief
15  Judge of a judicial circuit or any judge of the circuit
16  designated by the Chief Judge, and the motion may include
17  more than one individual. Motions filed by an agency
18  providing civil legal aid concerning more than one
19  individual may be prepared, presented, and signed
20  electronically.
21  (4) Any State's Attorney may file a motion to vacate
22  and expunge a conviction for a misdemeanor or Class 4
23  felony violation of Section 4 or Section 5 of the Cannabis
24  Control Act. Motions to vacate and expunge under this
25  subsection (i) may be filed with the circuit court, Chief
26  Judge of a judicial circuit or any judge of the circuit

 

 

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1  designated by the Chief Judge, and may include more than
2  one individual. Motions filed by a State's Attorney
3  concerning more than one individual may be prepared,
4  presented, and signed electronically. When considering
5  such a motion to vacate and expunge, a court shall
6  consider the following: the reasons to retain the records
7  provided by law enforcement, the individual's age, the
8  individual's age at the time of offense, the time since
9  the conviction, and the specific adverse consequences if
10  denied. Upon entry of an order granting a motion to vacate
11  and expunge records pursuant to this Section, the State's
12  Attorney shall notify the Prisoner Review Board within 30
13  days. Upon entry of the order of expungement, the circuit
14  court clerk shall promptly provide a copy of the order and
15  a certificate of disposition to the individual whose
16  records will be expunged to the individual's last known
17  address or by electronic means (if available) or otherwise
18  make available to the individual upon request. If a motion
19  to vacate and expunge is granted, the records shall be
20  expunged in accordance with subparagraphs (d)(8) and
21  (d)(9)(A) of this Section.
22  (5) In the public interest, the State's Attorney of a
23  county has standing to file motions to vacate and expunge
24  pursuant to this Section in the circuit court with
25  jurisdiction over the underlying conviction.
26  (6) If a person is arrested for a Minor Cannabis

 

 

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1  Offense as defined in this Section before June 25, 2019
2  (the effective date of Public Act 101-27) and the person's
3  case is still pending but a sentence has not been imposed,
4  the person may petition the court in which the charges are
5  pending for an order to summarily dismiss those charges
6  against him or her, and expunge all official records of
7  his or her arrest, plea, trial, conviction, incarceration,
8  supervision, or expungement. If the court determines, upon
9  review, that: (A) the person was arrested before June 25,
10  2019 (the effective date of Public Act 101-27) for an
11  offense that has been made eligible for expungement; (B)
12  the case is pending at the time; and (C) the person has not
13  been sentenced of the minor cannabis violation eligible
14  for expungement under this subsection, the court shall
15  consider the following: the reasons to retain the records
16  provided by law enforcement, the petitioner's age, the
17  petitioner's age at the time of offense, the time since
18  the conviction, and the specific adverse consequences if
19  denied. If a motion to dismiss and expunge is granted, the
20  records shall be expunged in accordance with subparagraph
21  (d)(9)(A) of this Section.
22  (7) A person imprisoned solely as a result of one or
23  more convictions for Minor Cannabis Offenses under this
24  subsection (i) shall be released from incarceration upon
25  the issuance of an order under this subsection.
26  (8) The Illinois State Police shall allow a person to

 

 

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1  use the access and review process, established in the
2  Illinois State Police, for verifying that his or her
3  records relating to Minor Cannabis Offenses of the
4  Cannabis Control Act eligible under this Section have been
5  expunged.
6  (9) No conviction vacated pursuant to this Section
7  shall serve as the basis for damages for time unjustly
8  served as provided in the Court of Claims Act.
9  (10) Effect of Expungement. A person's right to
10  expunge an expungeable offense shall not be limited under
11  this Section. The effect of an order of expungement shall
12  be to restore the person to the status he or she occupied
13  before the arrest, charge, or conviction.
14  (11) Information. The Illinois State Police shall post
15  general information on its website about the expungement
16  process described in this subsection (i).
17  (j) Felony Prostitution Convictions.
18  (1) Any individual may file a motion to vacate and
19  expunge a conviction for a prior Class 4 felony violation
20  of prostitution. Motions to vacate and expunge under this
21  subsection (j) may be filed with the circuit court, Chief
22  Judge of a judicial circuit, or any judge of the circuit
23  designated by the Chief Judge. When considering the motion
24  to vacate and expunge, a court shall consider the
25  following:
26  (A) the reasons to retain the records provided by

 

 

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1  law enforcement;
2  (B) the petitioner's age;
3  (C) the petitioner's age at the time of offense;
4  and
5  (D) the time since the conviction, and the
6  specific adverse consequences if denied. An individual
7  may file the petition after the completion of any
8  sentence or condition imposed by the conviction.
9  Within 60 days of the filing of the motion, a State's
10  Attorney may file an objection to the petition along
11  with supporting evidence. If a motion to vacate and
12  expunge is granted, the records shall be expunged in
13  accordance with subparagraph (d)(9)(A) of this
14  Section. An agency providing civil legal aid, as
15  defined in Section 15 of the Public Interest Attorney
16  Assistance Act, assisting individuals seeking to file
17  a motion to vacate and expunge under this subsection
18  may file motions to vacate and expunge with the Chief
19  Judge of a judicial circuit or any judge of the circuit
20  designated by the Chief Judge, and the motion may
21  include more than one individual.
22  (2) Any State's Attorney may file a motion to vacate
23  and expunge a conviction for a Class 4 felony violation of
24  prostitution. Motions to vacate and expunge under this
25  subsection (j) may be filed with the circuit court, Chief
26  Judge of a judicial circuit, or any judge of the circuit

 

 

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1  court designated by the Chief Judge, and may include more
2  than one individual. When considering the motion to vacate
3  and expunge, a court shall consider the following reasons:
4  (A) the reasons to retain the records provided by
5  law enforcement;
6  (B) the petitioner's age;
7  (C) the petitioner's age at the time of offense;
8  (D) the time since the conviction; and
9  (E) the specific adverse consequences if denied.
10  If the State's Attorney files a motion to vacate and
11  expunge records for felony prostitution convictions
12  pursuant to this Section, the State's Attorney shall
13  notify the Prisoner Review Board within 30 days of the
14  filing. If a motion to vacate and expunge is granted, the
15  records shall be expunged in accordance with subparagraph
16  (d)(9)(A) of this Section.
17  (3) In the public interest, the State's Attorney of a
18  county has standing to file motions to vacate and expunge
19  pursuant to this Section in the circuit court with
20  jurisdiction over the underlying conviction.
21  (4) The Illinois State Police shall allow a person to
22  a use the access and review process, established in the
23  Illinois State Police, for verifying that his or her
24  records relating to felony prostitution eligible under
25  this Section have been expunged.
26  (5) No conviction vacated pursuant to this Section

 

 

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1  shall serve as the basis for damages for time unjustly
2  served as provided in the Court of Claims Act.
3  (6) Effect of Expungement. A person's right to expunge
4  an expungeable offense shall not be limited under this
5  Section. The effect of an order of expungement shall be to
6  restore the person to the status he or she occupied before
7  the arrest, charge, or conviction.
8  (7) Information. The Illinois State Police shall post
9  general information on its website about the expungement
10  process described in this subsection (j).
11  (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
12  102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
13  1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
14  Section 910. The State Finance Act is amended by adding
15  Sections 5.1015 and 5.1016 as follows:
16  (30 ILCS 105/5.1015 new)
17  Sec. 5.1015. The Psilocybin Control and Regulation Fund.
18  (30 ILCS 105/5.1016 new)
19  Sec. 5.1016. The Illinois Psilocybin Fund.
20  Section 915. The Illinois Independent Tax Tribunal Act of
21  2012 is amended by changing Section 1-45 as follows:

 

 

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1  (35 ILCS 1010/1-45)
2  Sec. 1-45. Jurisdiction of the Tax Tribunal.
3  (a) Except as provided by the Constitution of the United
4  States, the Constitution of the State of Illinois, or any
5  statutes of this State, including, but not limited to, the
6  State Officers and Employees Money Disposition Act, the Tax
7  Tribunal shall have original jurisdiction over all
8  determinations of the Department reflected on a Notice of
9  Deficiency, Notice of Tax Liability, Notice of Claim Denial,
10  or Notice of Penalty Liability issued under the Illinois
11  Income Tax Act, the Use Tax Act, the Service Use Tax Act, the
12  Service Occupation Tax Act, the Retailers' Occupation Tax Act,
13  the Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco
14  Products Tax Act of 1995, the Hotel Operators' Occupation Tax
15  Act, the Motor Fuel Tax Law, the Automobile Renting Occupation
16  and Use Tax Act, the Coin-Operated Amusement Device and
17  Redemption Machine Tax Act, the Gas Revenue Tax Act, the Water
18  Company Invested Capital Tax Act, the Telecommunications
19  Excise Tax Act, the Telecommunications Infrastructure
20  Maintenance Fee Act, the Public Utilities Revenue Act, the
21  Electricity Excise Tax Law, the Aircraft Use Tax Law, the
22  Watercraft Use Tax Law, the Gas Use Tax Law, or the Uniform
23  Penalty and Interest Act, or the Compassionate Use and
24  Research of Entheogens Act. Jurisdiction of the Tax Tribunal
25  is limited to Notices of Tax Liability, Notices of Deficiency,
26  Notices of Claim Denial, and Notices of Penalty Liability

 

 

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1  where the amount at issue in a notice, or the aggregate amount
2  at issue in multiple notices issued for the same tax year or
3  audit period, exceeds $15,000, exclusive of penalties and
4  interest. In notices solely asserting either an interest or
5  penalty assessment, or both, the Tax Tribunal shall have
6  jurisdiction over cases where the combined total of all
7  penalties or interest assessed exceeds $15,000.
8  (b) Except as otherwise permitted by this Act and by the
9  Constitution of the State of Illinois or otherwise by State
10  law, including, but not limited to, the State Officers and
11  Employees Money Disposition Act, no person shall contest any
12  matter within the jurisdiction of the Tax Tribunal in any
13  action, suit, or proceeding in the circuit court or any other
14  court of the State. If a person attempts to do so, then such
15  action, suit, or proceeding shall be dismissed without
16  prejudice. The improper commencement of any action, suit, or
17  proceeding does not extend the time period for commencing a
18  proceeding in the Tax Tribunal.
19  (c) The Tax Tribunal may require the taxpayer to post a
20  bond equal to 25% of the liability at issue (1) upon motion of
21  the Department and a showing that (A) the taxpayer's action is
22  frivolous or legally insufficient or (B) the taxpayer is
23  acting primarily for the purpose of delaying the collection of
24  tax or prejudicing the ability ultimately to collect the tax,
25  or (2) if, at any time during the proceedings, it is determined
26  by the Tax Tribunal that the taxpayer is not pursuing the

 

 

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1  resolution of the case with due diligence. If the Tax Tribunal
2  finds in a particular case that the taxpayer cannot procure
3  and furnish a satisfactory surety or sureties for the kind of
4  bond required herein, the Tax Tribunal may relieve the
5  taxpayer of the obligation of filing such bond, if, upon the
6  timely application for a lien in lieu thereof and accompanying
7  proof therein submitted, the Tax Tribunal is satisfied that
8  any such lien imposed would operate to secure the assessment
9  in the manner and to the degree as would a bond. The Tax
10  Tribunal shall adopt rules for the procedures to be used in
11  securing a bond or lien under this Section.
12  (d) If, with or after the filing of a timely petition, the
13  taxpayer pays all or part of the tax or other amount in issue
14  before the Tax Tribunal has rendered a decision, the Tax
15  Tribunal shall treat the taxpayer's petition as a protest of a
16  denial of claim for refund of the amount so paid upon a written
17  motion filed by the taxpayer.
18  (e) The Tax Tribunal shall not have jurisdiction to
19  review:
20  (1) any assessment made under the Property Tax Code;
21  (2) any decisions relating to the issuance or denial
22  of an exemption ruling for any entity claiming exemption
23  from any tax imposed under the Property Tax Code or any
24  State tax administered by the Department;
25  (3) a notice of proposed tax liability, notice of
26  proposed deficiency, or any other notice of proposed

 

 

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1  assessment or notice of intent to take some action;
2  (4) any action or determination of the Department
3  regarding tax liabilities that have become finalized by
4  law, including but not limited to the issuance of liens,
5  levies, and revocations, suspensions, or denials of
6  licenses or certificates of registration or any other
7  collection activities;
8  (5) any proceedings of the Department's informal
9  administrative appeals function; and
10  (6) any challenge to an administrative subpoena issued
11  by the Department.
12  (f) The Tax Tribunal shall decide questions regarding the
13  constitutionality of statutes and rules adopted by the
14  Department as applied to the taxpayer, but shall not have the
15  power to declare a statute or rule unconstitutional or
16  otherwise invalid on its face. A taxpayer challenging the
17  constitutionality of a statute or rule on its face may present
18  such challenge to the Tax Tribunal for the sole purpose of
19  making a record for review by the Illinois Appellate Court.
20  Failure to raise a constitutional issue regarding the
21  application of a statute or regulations to the taxpayer shall
22  not preclude the taxpayer or the Department from raising those
23  issues at the appellate court level.
24  (Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)
25  Section 920. The Illinois Controlled Substances Act is

 

 

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1  amended by changing Sections 102 and 204 as follows:
2  (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
3  Sec. 102. Definitions.  As used in this Act, unless the
4  context otherwise requires:
5  (a) "Addict" means any person who habitually uses any
6  drug, chemical, substance or dangerous drug other than alcohol
7  so as to endanger the public morals, health, safety or welfare
8  or who is so far addicted to the use of a dangerous drug or
9  controlled substance other than alcohol as to have lost the
10  power of self control with reference to his or her addiction.
11  (b) "Administer" means the direct application of a
12  controlled substance, whether by injection, inhalation,
13  ingestion, or any other means, to the body of a patient,
14  research subject, or animal (as defined by the Humane
15  Euthanasia in Animal Shelters Act) by:
16  (1) a practitioner (or, in his or her presence, by his
17  or her authorized agent),
18  (2) the patient or research subject pursuant to an
19  order, or
20  (3) a euthanasia technician as defined by the Humane
21  Euthanasia in Animal Shelters Act.
22  (c) "Agent" means an authorized person who acts on behalf
23  of or at the direction of a manufacturer, distributor,
24  dispenser, prescriber, or practitioner. It does not include a
25  common or contract carrier, public warehouseman or employee of

 

 

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1  the carrier or warehouseman.
2  (c-1) "Anabolic Steroids" means any drug or hormonal
3  substance, chemically and pharmacologically related to
4  testosterone (other than estrogens, progestins,
5  corticosteroids, and dehydroepiandrosterone), and includes:
6  (i) 3[beta],17-dihydroxy-5a-androstane,
7  (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
8  (iii) 5[alpha]-androstan-3,17-dione,
9  (iv) 1-androstenediol (3[beta],
10  17[beta]-dihydroxy-5[alpha]-androst-1-ene),
11  (v) 1-androstenediol (3[alpha],
12  17[beta]-dihydroxy-5[alpha]-androst-1-ene),
13  (vi) 4-androstenediol
14  (3[beta],17[beta]-dihydroxy-androst-4-ene),
15  (vii) 5-androstenediol
16  (3[beta],17[beta]-dihydroxy-androst-5-ene),
17  (viii) 1-androstenedione
18  ([5alpha]-androst-1-en-3,17-dione),
19  (ix) 4-androstenedione
20  (androst-4-en-3,17-dione),
21  (x) 5-androstenedione
22  (androst-5-en-3,17-dione),
23  (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
24  hydroxyandrost-4-en-3-one),
25  (xii) boldenone (17[beta]-hydroxyandrost-
26  1,4,-diene-3-one),

 

 

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1  (xiii) boldione (androsta-1,4-
2  diene-3,17-dione),
3  (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
4  [beta]-hydroxyandrost-4-en-3-one),
5  (xv) clostebol (4-chloro-17[beta]-
6  hydroxyandrost-4-en-3-one),
7  (xvi) dehydrochloromethyltestosterone (4-chloro-
8  17[beta]-hydroxy-17[alpha]-methyl-
9  androst-1,4-dien-3-one),
10  (xvii) desoxymethyltestosterone
11  (17[alpha]-methyl-5[alpha]
12  -androst-2-en-17[beta]-ol)(a.k.a., madol),
13  (xviii) [delta]1-dihydrotestosterone (a.k.a.
14  '1-testosterone') (17[beta]-hydroxy-
15  5[alpha]-androst-1-en-3-one),
16  (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
17  androstan-3-one),
18  (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
19  5[alpha]-androstan-3-one),
20  (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
21  hydroxyestr-4-ene),
22  (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
23  1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
24  (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
25  17[beta]-dihydroxyandrost-1,4-dien-3-one),
26  (xxiv) furazabol (17[alpha]-methyl-17[beta]-

 

 

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1  hydroxyandrostano[2,3-c]-furazan),
2  (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
3  (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
4  androst-4-en-3-one),
5  (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
6  dihydroxy-estr-4-en-3-one),
7  (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
8  hydroxy-5-androstan-3-one),
9  (xxix) mesterolone (1amethyl-17[beta]-hydrox
10  y-   [5a]-androstan-3-one),  (xxx) methandienone (17[alpha]-methyl-17[beta]-   hydroxyandrost-1,4
14  -dien-3-one),  (xxxi) methandriol (17[alpha]-methyl-3[beta],17[be
16  ta]-   dihydroxyandrost-5-ene),  (xxxii) methenolon
19  e (1-methyl-17[beta]-hydroxy-   5[al
21  pha]-androst-1-en-3-one),  (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-   dihydroxy-5a-androstane,  (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy   -5a-androstane,  (xxxv) 17[alpha]-methyl-3[beta],17[beta]-   dihydroxyandrost-4-ene),  (
2  xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-   methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),  (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-   hydroxyestra-4,9(10)-dien-3-one),  (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-   hydroxyestra-4,9-11-trien-3-one),
9  (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-   hydroxyandrost-4-en-3-one),  (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-   hydroxyestr-4
12  -en-3-one),  (xli) 17[alpha]-methyl-[delta
13  ]1-dihydrotestosterone   (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-   androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
16  1-testosterone'),  (xlii) nandrolone (17[beta]-hydroxyes
17  tr-4-en-3-one),  (xliii) 19-n
18  or-4-androstenediol (3[beta], 17[beta]-   dih
19  ydroxyestr-4-ene),  (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-   dihydroxyestr
21  -4-ene),  (xlv) 19-nor-5-androstenediol (3[beta], 17[
22  beta]-   dihydroxyestr-5-ene),
23  (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-   dihydroxyestr-5-ene),  (xlvii) 19-nor-4,9(10)-androstadienedione
26  (estra-4,9(10)-diene-3,17-dione),  (xlviii) 19-nor-4-androstenedione (estr-4-   en-3,17-dione),  (xlix) 19-nor-5-androstenedione (estr-5-
4  en-3,17-dione),
5  (l) norbolethone (13[beta], 17a-diethyl-17[beta]-   hy
6  droxygon-4-en-3-one),
7  (li) norclostebol (4-chloro-17[beta]-   hydroxyestr-4-en-3-one),  (lii) no
9  rethandrolone (17[alpha]-ethyl-17[beta]-   hydroxye
10  str-4-en-3-one),  (liii) normethandrolone (17[alpha]-methyl-17[beta]-
12  hydroxyestr-4-en-3-one),  (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-   2-oxa-5[alpha]-androstan-3-on
15  e),  (lv) oxymesterone (17[alpha]-methyl-4,17
16  [beta]-   dihydroxyandrost-4-en-3-one),  (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-   17[beta]-h
19  ydroxy-(5[alpha]-androstan-3-one),  (lvii) stan
20  ozolol (17[alpha]-methyl-17[beta]-hydroxy-   (5[alpha]-androst-2-eno[3,2-c]-pyrazole),  (lviii) stenbolone (17[beta]-hydroxy-2-methyl-   (5[alpha]-androst-1-en-3-one),  (lix) testolactone (13-hydroxy-3-oxo-13,17-   secoandrosta-1,4-dien-17-oic   acid lactone),  (lx) testosterone (17[beta]-hydroxyandrost-   4-en-3-one),  (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-   diethyl
3  -17[beta]-hydroxygon-   4,9,11-trien-
4  3-one),  (lxii) trenbolone (17[beta]-hydroxyestr-4
5  ,9,   11-trien-3-one).  A
6  ny person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufac
7  tures, distributes, dispenses, delivers, or possesses with intent to
8  deliver an anabolic steroid, which anabolic steroid is expressly intended for and lawfully allowed to be
9  administered through implants to livestock or other nonhuman species, and which is a
10  pproved by the Secretary of Health and Human Services for such administration, and which the person int
11  ends to administer or have administered through such implants, shall not be considered to be in unaut
12  horized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess wi
13  th intent to deliver such anabolic steroid for purposes of this Act.  (d) "Administrati
14  on" means the Drug Enforcement Administration, United States Departme
15  nt of Justice, or its successor agency.  (d-5) "Clinical Director, Prescription Monitoring
17  Program" means a Department of Human Services administrative e
18  mployee licensed to either prescribe or dispense contro
19  lled substances who shall run the clinical aspects of the Depar
20  tment of Human Services Prescription Monitoring Program and i
21  ts Prescription Information Library.
22  (d-10) "Compounding" means the preparation and mixing of
23  components, excluding flavorings, (1) as the result of a p
24  rescriber's prescription drug order or initiative based on the
25  prescriber-patient-pharmacist relationship in
26  the course of professional practice or (2) for the purpos

 

 

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1  e of, or incident to, research, teaching,
2  or chemical analysis and not for sale or dispen
3  sing. "Compounding" includes the preparation of drugs or dev
4  ices in anticipation of receiving pre
5  scription drug orders based on routine, regularly observed dispen
6  sing patterns. Commercially available products may be compoun
7  ded for dispensing to individual patients only if both of the f
8  ollowing conditions are met: (i) the commercial product is not
9  reasonably available from normal distribution channels in a t
10  imely manner to meet the patient's need
11  s and (ii) the prescribing practitioner has requested that the
12  drug be compounded.  (e) "Control" mean
13  s to add a drug or other substance, or immediate precursor,
14  to a Schedule whether by transfer from another Schedule or otherwise.  (f) "Controlled Substance" means (i) a
16  drug, substance, immediate precursor, or synthetic drug in the
17  Schedules of Article II of this Act or (ii) a drug or other su
18  bstance, or immediate precursor, designated as a controlled su
19  bstance by the Department through administrative rule. The t
20  erm does not include: distilled spirits,
21  wine, malt beverages, or tobacco, as those terms are defin
22  ed or used in the Liquor Control Act of 1934 and the Tobacco
23  Products Tax Act of 1995; or psilocybin or a psilocy
24  bin product, as those terms are defined or used in the Co
25  mpassionate Use and Research of Entheogens Act
26  .  (f-5

 

 

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1  ) "Controlled substance analog" means a substance:
2  (1) the chemical structure of w
3  hich is substantially similar to the chemical stru
4  cture of a controlled substance in Schedule I or II;  (2) which has a stimulant,
6  depressant, or hallucinogenic effect on the central nervous s
7  ystem that is substantially similar to or greater than the st
8  imulant, depressant, or hallucinogenic effect on the central n
9  ervous system of a controlled substance in Schedule I or II; or  (3) with respect to a particular person, which
11  such person represents or intends to have a stimulant, depressant, or ha
12  llucinogenic effect on the central nervous system that is substa
13  ntially similar to or greater than the stimulant, depressant, or hallucinogenic
14  effect on the central nervous system of a controlled substance in Schedule I or II.  (g) "Counterfeit substance" means a controlle
16  d substance, which, or the container or labeling o
17  f which, without authorization bears the trademark, trade na
18  me, or other identifying mark, imprint, number o
19  r device, or any likeness thereof, of a manufacturer, dis
20  tributor, or dispenser other than the person who in fact ma
21  nufactured, distributed, or dispensed the substance.
22  (h) "Deliver" or "delivery" means the
23  actual, constructive or attempted tr
24  ansfer of possession of a controlled substance, with or wi
25  thout consideration, whether or not there is an ag
26  ency relationship. "Deliver" or "delivery" does not

 

 

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1  include the donation of drugs to the extent permitted under
2  the Illinois Drug Reuse Opportunity Program Act.
3  (i) "Department" means the Illinois Department
4  of Human Services (as successor to th
5  e Department of Alcoholism and Substance Abuse) or its suc
6  cessor agency.  (j) (Blank).
7  (k) "Department of Corrections" means the De
8  partment of Corrections of the State of Illinois or its succe
9  ssor agency.  (l) "Department of Financial
10  and Professional Regulation" means the Department of Fina
11  ncial and Professional Regulation of the Sta
12  te of Illinois or its successor agency.
13  (m) "Depressant" means any drug that (i) causes an overall depr
14  ession of central nervous system functions, (ii) causes im
15  paired consciousness and awareness, and (iii) can be habit-forming or lead to a substance abuse problem, includi
17  ng, but not limited to, alcohol, cannabis and its active princip
18  les and their analogs, benzodiazepines and their analogs
19  , barbiturates and their analogs, opioids (natural and synt
20  hetic) and their analogs, and chloral hydrate and similar sed
21  ative hypnotics.  (n) (Blank).  (o) "Director" means
23  the Director of the Illinois State Police or his or her designated agents.  (p) "Dispense" means to deliver a controlled
25  substance to an ultimate user or research subject by or pursu
26  ant to the lawful order of a prescriber, including the prescribing, a

 

 

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1  dministering, packaging, labeling, or compounding necessary
2  to prepare the substance for that delivery.  (q) "Dispenser" means a practitioner who dispenses.
4  (r) "Distribute" means to deliver, other than by
5  administering or dispensing, a controlled substance.
6  (s) "Distributor" means a person who
7  distributes.  (t) "Drug" means (1) substance
8  s recognized as drugs in the official United States Pharmacopo
9  eia, Official Homeopathic Pharmacopoeia
10  of the United States, or offici
11  al National Formulary, or any supplement to any of them;
12  (2) substances intended for use in diagnosis, cure, mitiga
13  tion, treatment, or prevention of disease in man or animal
14  s; (3) substances (other than food) intended to affect the
15  structure of any function of the body of man or animals a
16  nd (4) substances intended for use as a component of any arti
17  cle specified in clause (1), (2), or (3) of this subsection. It
18  does not include devices or their components, parts, or accessories.  (t-3) "Electronic health
20  record" or "EHR" means an electronic record of health-related info
21  rmation on an individual that is created, gathered, managed, and cons
22  ulted by authorized health care clinicians and staff.  (t-3.5) "Electronic health record syste
24  m" or "EHR system" means any computer-based system
25  or combination of federally certified Health IT Modules (def
26  ined at 42 CFR 170.102 or its successor) used as a repository f

 

 

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1  or electronic health records and accessed or updated by a presc
2  riber or authorized surrogate in the ordinary course of his or
3  her medical practice. For purposes of connecting to the Prescri
4  ption Information Library maintained by the Bureau of Pharmacy
5  and Clinical Support Systems or its successor, an EHR system
6  may connect to the Prescription Information Library di
7  rectly or through all or part of a computer program or sy
8  stem that is a federally certified Health IT Module maintain
9  ed by a third party and used by the EHR system to secure acce
10  ss to the database. (t-4) "Emergency medica
11  l services personnel" has the meaning ascribed to it in the Emer
12  gency Medical Services (EMS) Systems Act. (t-5) "Euthanasia agency" means an entity certified by the Dep
14  artment of Financial and Professional Regulation for the purpo
15  se of animal euthanasia that holds an animal control f
16  acility license or animal shelter license under the Ani
17  mal Welfare Act. A euthanasia agency is authorized to pur
18  chase, store, possess, and utilize Schedule II nonnarcotic an
19  d Schedule III nonnarcotic drugs for the sole purpose of anim
20  al euthanasia.  (t-10) "Euthanasia d
21  rugs" means Schedule II or Schedule III substances (nonnarcoti
22  c controlled substances) that are used by a euthanasia agen
23  cy for the purpose of animal euthanasia.  (u) "Good faith" means th
25  e prescribing or dispensing of a controlled substance by a
26  practitioner in the regular course of professional treatment to

 

 

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1  or for any person who is under
2  his or her treatment for a pathology or condition other than tha
3  t individual's physical or psychological dependence upon or
4  addiction to a controlled substance, except as provided he
5  rein: and application of the term to a pharmacist shall mean
6  the dispensing of a controlled substance pursuant to the pr
7  escriber's order which in the professional judgment of t
8  he pharmacist is lawful. The pharmacist shall be guided by acc
9  epted professional standards, i
10  ncluding, but not limited to, the following, in making the jud
11  gment:   (1) lack of consi
12  stency of prescriber-patient relationship,
14  (2) frequency of prescriptions for same drug by one prescr
15  iber for large numbers of patients,   (3) quantities beyond those normally prescribed,   (4) unusual dosages (recognizi
18  ng that there may be clinical circumstances where more or
19  less than the usual dose may be used legitimately),   (5) unusual geographic distance
21  s between patient, pharmacist and prescriber,   (6) consistent prescribing of habit-forming drugs.  (u-0.5) "H
24  allucinogen" means a drug that causes markedly altered senso
25  ry perception leading to hallucinations of any type.  (
26  u-1) "Home infusion services" means services provide

 

 

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1  d by a pharmacy in compounding solutions for
2  direct administration to a patient in a private residence
3  , long-term care facility, or hospice setting by means of parenter
4  al, intravenous, intramuscular, subcutaneous, or intraspinal infusion.  (u-5) "Illinois State Police" means the Illino
6  is State Police or its successor agency.  (v) "Immediate precursor" means a substance:   (1) which the Department has found
9  to be and by rule designated as being a principal compou
10  nd used, or produced primarily for use, in the manufacture of a controlled substan
11  ce;   (2) which is an immedia
12  te chemical intermediary used or likely to be used in the ma
13  nufacture of such control
14  led substance; and   (3) the c
15  ontrol of which is necessary to prevent, curtail or limit the
16  manufacture of such controlled substance.  (w) "In
17  structional activities" means the acts of teaching, educ
18  ating or instructing by practitioners using controlled substances within
19  educational facilities approved by the State Board of Educati
20  on or its successor agency.  (x)
21  "Local authorities" means a duly organized State, County or Municipal peace
22  unit or police force.  (y) "Look-a
23  like substance" means a substance, other than a controlled
24  substance which (1) by overall dosage unit appearance,
25  including shape, color, size, markings o
26  r lack thereof, taste, consistency, or any other identifyin

 

 

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1  g physical characteristic of the substance, would lead a re
2  asonable person to believe that the substance
3  is a controlled substance, or (2) is expressly or impli
4  edly represented to be a controlled substance or is
5  distributed under circumstance
6  s which would lead a reasonable person to believe that the
7  substance is a controlled substance. For the purpose of det
8  ermining whether the representations made or the circumstances
9  of the distribution would lead a reasonable person to believe t
10  he substance to be a controlled substance under this c
11  lause (2) of subsection (y), the court or other authority may consi
12  der the following factors in addition to any other factor that ma
13  y be relevant:   (a)
14  statements made by the owner or person in control of the s
15  ubstance concerning its nature, use or effect;   (b) statements made to the buyer or r
17  ecipient that the substance may be resold for profit;
18  (c) whether the substance
19  is packaged in a manner normally used for the illegal distri
20  bution of controlled substances;
21  (d) whether the distribution or attempted di
22  stribution included an exchange of or demand for mon
23  ey or other property as consideration, and whether the amo
24  unt of the consideration was substantially greater than the r
25  easonable retail market value of the substance.  Clause (1) of this subsection (y) shall not apply to

 

 

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1  a noncontrolled substance in its finished dosage form that was initia
2  lly introduced into commerce prior to the initial introducti
3  on into commerce of a controlled substance in its finished dosage form which it may s
4  ubstantially resemble.  Nothing in this sub
5  section (y) prohibits the dispensing or distributing of noncontrol
6  led substances by persons authorized to dispense and dis
7  tribute controlled substances under this Act, provided th
8  at such action would be deemed to be carri
9  ed out in good faith under subsection (u) if the substances i
10  nvolved were controlled substances.  Nothing in this subsection (y) or in this Act prohibits
12  the manufacture, preparation, propagation, compo
13  unding, processing, packaging, advertising or distribution of a drug
14  or drugs by any person registered pursuant to Section
15  510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 36
16  0).  (y-1) "Mail-order pha
17  rmacy" means a pharmacy that is located in a state of the Un
18  ited States that delivers, dispenses or distributes, through the United State
19  s Postal Service or other common carrier, to Illinois resid
20  ents, any substance which requires a prescription.  (z) "Manufacture" means the production, preparation,
22  propagation, compounding, conversion or processing of a contr
23  olled substance other than methamphetamine, either direct
24  ly or indirectly, by extraction from substances of natur
25  al origin, or independently by means of chemical synthes
26  is, or by a combination of extraction and chemical synth

 

 

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1  esis, and includes any packaging or repackaging of the substa
2  nce or labeling of its container, except that this term does
3  not include:   (1) by an ultimate user, the
4  preparation or compounding of a controlled substance for his or
5  her own use;   (2) by
6  a practitioner, or his or her authorized agent under his o
7  r her supervision, the preparation, compounding, packaging,
8  or labeling of a controlled substance:    (a) as an incident to his or her
10  administering or dispensing of a controlled substance i
11  n the course of his or her professional practice; or    (b) as an incident
13  to lawful research, teaching or chemical analysis and
14  not for sale; or   (3)
15  the packaging, repackaging, or labeling of drugs only to the
16  extent permitted under the Illinois Drug Reuse Opportunity Pr
17  ogram Act.  (z-1) (Blank
18  ).  (z-5) "Medication shop
19  ping" means the conduct prohibited under subsection (a) o
20  f Section 314.5 of this Act.
21  (z-10) "Mid-level practitioner" mean
22  s (i) a physician assistant who has been delega
23  ted authority to prescribe through a written delegat
24  ion of authority by a physician licensed
25  to practice medicine in all of its branches, in accordance wit
26  h Section 7.5 of the Physician Assistant Practice Act

 

 

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1  of 1987, (ii) an advanced practice registered nurse who has been de
2  legated authority to prescribe through a written delegation of
3  authority by a physician licensed to practice medicine in all of its
4  branches or by a podiatric physician, in accordance with Se
5  ction 65-40 of the Nurse Practice Act, (iii) an advan
6  ced practice registered nurse certified as a
7  nurse practitioner, nurse midwife, or c
8  linical nurse specialist who has been granted authority to pres
9  cribe by a hospital affiliate in accordance with Section 65-45
10  of the Nurse Practice Act, (iv) an animal euthanasia agency, or (v
11  ) a prescribing psychologist.  (aa) "N
12  arcotic drug" means any of the following, whether produce
13  d directly or indirectly by extraction from substances of
14  vegetable origin, or independently by means of chemica
15  l synthesis, or by a combination of extraction and chemical
16  synthesis:   (1) opium, opi
17  ates, derivatives of opium and opiates, including their iso
18  mers, esters, ethers, salts, and salts of isomers, esters,
19  and ethers, whenever the existence of such isomers, esters, eth
20  ers, and salts is possible within the specific chemical de
21  signation; however the term "narcotic drug" does not include t
22  he isoquinoline alkaloids of opium;   (2) (blank);   (3) op
24  ium poppy and poppy straw;   (4) coca leaves, except coca leaves and extracts
26  of coca leaves from which substantially all of the cocain

 

 

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1  e and ecgonine, and their isomers, derivatives and salts, have
2  been removed;   (5) coca
3  ine, its salts, optical and geometric isomers, and salts o
4  f isomers;  (6) ecgonine, its derivatives, their salts, isomers, an
6  d salts of isomers;  (7)
7  any compound, mixture, or preparation which contains any
8  quantity of any of the substances referred to in subparagra
9  phs (1) through (6).  (bb) "Nurse"
10  means a registered nurse licensed under the Nurse
11  Practice Act.  (cc) (Blank).  (dd) "Opiate" means any substanc
13  e having an addiction forming or addiction sustaining liability simil
14  ar to morphine or being capable of conversion into a drug
15  having addiction forming or addiction sustaining liabili
16  ty.  (ee) "Opium poppy" means the plan
17  t of the species Papaver somniferum L., except it
18  s seeds.  (ee-5) "Oral dosage" means
19  a tablet, capsule, elixir, or solution or other liq
20  uid form of medication intended for administration by mouth
21  , but the term does not include a form of medicatio
22  n intended for buccal, sublingual, or transmucosal adm
23  inistration.  (ff) "Parole and Pardon Boa
24  rd" means the Parole and Pardon Board of the State of
25  Illinois or its successor agency.  (gg
26  ) "Person" means any individual, corpor

 

 

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1  ation, mail-order pharmacy,
2  government or governmental subdivision or agency, bus
3  iness trust, estate, trust, partnership or association, or any
4  other entity.  (hh) "Pharmacist" means an
5  y person who holds a license or certificate of registration as
6  a registered pharmacist, a local registered pharmacist or
7  a registered assistant pharmacist under the Pharmac
8  y Practice Act.  (ii) "Pharmacy" means any st
9  ore, ship or other place in which pharmacy is authorized
10  to be practiced under the Pharmacy Practice Act.
11  (ii-5) "Pharmacy shopping" means the conduct prohib
12  ited under subsection (b) of Sectio
13  n 314.5 of this Act. (ii-10) "Physi
14  cian" (except when the context otherwise requires) means a person licensed
15  to practice medicine in all of its branches.  (jj) "Poppy straw" means all parts, except the seeds,
17  of the opium poppy, after mowing.  (
18  kk) "Practitioner" means a physician licensed to prac
19  tice medicine in all its branches, dentist, optometrist, p
20  odiatric physician, veterinarian, scientific investigator,
21  pharmacist, physician assistant, advanced practice re
22  gistered nurse, licensed practical nurse, registered nurse, eme
23  rgency medical services personnel, hospital, laboratory,
24  or pharmacy, or other person licensed, registered, or
25  otherwise lawfully permitted by the United
26  States or this State to distribute, dispense, conduct researc

 

 

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1  h with respect to, administer or use in teaching or chemical analysis
2  , a controlled substance in the course of professional practi
3  ce or research.  (ll) "Pre-printed pre
4  scription" means a written prescript
5  ion upon which the designated drug has been indicated pri
6  or to the time of issuance; the term does not mean
7  a written prescription that is individually generated by m
8  achine or computer in the prescriber's office.  (mm) "Prescriber" means a physician licensed to practice m
10  edicine in all its branches, dentist, optometrist, prescr
11  ibing psychologist licensed under Section 4.2 of the Clinical
12  Psychologist Licensing Act with prescriptive authority del
13  egated under Section 4.3 of the Clinical Psychologist Lic
14  ensing Act, podiatric physician, or veterinarian who issues
15  a prescription, a physician assistant who issues a prescriptio
16  n for a controlled substance in accordance with Section 303.
17  05, a written delegation, and a written collaborative agreement requ
18  ired under Section 7.5 of the Physician Assistant Prac
19  tice Act of 1987, an advanced practice registered nurse with pr
20  escriptive authority delegated under Section 65-40 of the
21  Nurse Practice Act and in accordance with Section 303.05,
22  a written delegation, and a written collaborative agreem
23  ent under Section 65-35 of the Nurse Practice Act,
24  an advanced practice registered nurse certified as a
25  nurse practitioner, nurse midwife, or clinical nurse speci
26  alist who has been granted authority to prescribe by a

 

 

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1  hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act and in accordance wit
3  h Section 303.05, or an advanced practice registered nurse cer
4  tified as a nurse practitioner, nurse midwife, or clinic
5  al nurse specialist who has full practice authority pursuant
6  to Section 65-43 of the Nurse Practice Act.  (nn) "Prescription" means a written, facsimile, or
8  oral order, or an electronic order that complies with
9  applicable federal requirements, of a physician licensed to practice
10  medicine in all its branches, dentist, podiatric physician
11  or veterinarian for any controlled substance, of an optometrist i
12  n accordance with Section 15.1 of the Illinois Optometric
13  Practice Act of 1987, of a prescribing psychologist licensed u
14  nder Section 4.2 of the Clinical Psychologist Licensing Act w
15  ith prescriptive authority delegated under Section 4.3 of the Clin
16  ical Psychologist Licensing Act, of a physician assistant for
17  a controlled substance in accordance with Section 303.05, a wr
18  itten delegation, and a written collaborative agreement requir
19  ed under Section 7.5 of the Physician Assistant Practice Act of 198
20  7, of an advanced practice registered n
21  urse with prescriptive authority delegated under Section
22  65-40 of the Nurse Practice Act who issues a prescrip
23  tion for a controlled substance in accordance with Section
24  303.05, a written delegation, and a written collaborative agr
25  eement under Section 65-35 of the Nurse Practice Act, o
26  f an advanced practice registered nurse certified as a nurs

 

 

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1  e practitioner, nurse midwife, or clinical nurse specialist w
2  ho has been granted authority to prescribe by a hospital affi
3  liate in accordance with Section 65-45 of the Nurse Pract
4  ice Act and in accordance with Section 303.05 when required by
5  law, or of an advanced practice registered nurse certified as
6  a nurse practitioner, nurse midwife, or clinical nurse spec
7  ialist who has full practice authority pursuant to Section 65-43 of the Nurse Practice Act.  (nn-5) "Prescription Information Library" (PIL) means an electron
10  ic library that contains reported controlled substance data. (nn-10) "Prescription Monitoring
12  Program" (PMP) means the entity that collects, tracks,
13  and stores reported data on controlled substances and select d
14  rugs pursuant to Section 316.  (oo) "Produc
15  tion" or "produce" means manufacture, planting, cultivati
16  ng, growing, or harvesting of a controlled substance other
17  than methamphetamine.  (pp) "Registrant" means eve
18  ry person who is required to register under Section 302 of thi
19  s Act.  (qq) "Registry number" means t
20  he number assigned to each person authorized to handle control
21  led substances under the laws of the United States and of this Stat
22  e.  (qq-5) "Sec
23  retary" means, as the context requires, either the Secretary of
24  the Department or the Secretary of the Department of Financial
25  and Professional Regula
26  tion, and the Secretary's designated agents.

 

 

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1  (rr) "State" includes the State of Illinois and any state,
2  district, commonwealth, territory, insular possession ther
3  eof, and any area subjec
4  t to the legal authority of the United States of A
5  merica.  (rr-5) "Stimulant" means any
6  drug that (i) causes an overall excitation of central ner
7  vous system functions, (ii) causes impaired consciousnes
8  s and awareness, and (iii) can be habit-forming or le
9  ad to a substance abuse problem, including, but not limit
10  ed to, amphetamines and their analogs, methylphenidate and i
11  ts analogs, cocaine, and phencyclidine and its analogs.  (rr-10) "Synthetic drug" includes, but is not l
13  imited to, any synthetic cannabinoids or piperazines or
14  any synthetic cathinones as provided for in Schedule I.  (ss) "Ultimate user" means a person
16  who lawfully possesses a controlled substance for his or he
17  r own use or for the use of a member of his or her household or
18  for administering to an animal owned by him or her or by
19  a member of his or her household. (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; 102-538,
22  eff. 8-20-21; 102-813, eff. 5-13-22.) (720 ILC
24  S 570/204) (from Ch. 56 1/2, par
25  . 1204) Sec.
26  204.

 

 

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1  (a) The controlled substances listed in this Section are i
2  ncluded in Schedule I. (b) Unless specifi
3  cally excepted or unless listed in another schedule, any of t
4  he following opiates, including their isomers, esters, ethe
5  rs, salts, and salts of isomers, esters, and ethers, whenever th
6  e existence of such isomers, esters, ethers and salts is pos
7  sible within the specific chemical designation:  (1) Acetylmethadol;  (1.1) Acetyl-alpha-methylf
10  entanyl (N-[1-(1-methyl-2-phenethyl)-  4-piperidinyl]-N-phenylacetamide);  (2) Allylprodine;  (3) Alphacetylmethadol, except  levo-alphacetylmethadol (also known as levo-alpha-  acetylmethadol, levomethadyl ace
14  tate, or LAAM);  (4) Alphameprodine;  (5) Alphamethadol;  (6)
17  Alpha-methylfentanyl  (N-(1-alpha-methyl-beta-phenyl) ethyl-4-pi
19  peridyl)  propionanilide; 1-(1-me
20  thyl-2-phenylethyl)-4-(N-
21  propanilido) piperidine;  (6.1)
22  Alpha-methylthiofentanyl  (N-[1-methyl-2-(2-thienyl)ethyl-  4-piperidinyl]-N-phenylpropanami
24  de);  (7
25  ) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);  (7.1
2  ) PEPAP  (1-(2-phenethyl)-4-phenyl-4-acetoxyp
3  iperidine);  (8) Benzethidine;  (9) Betacetylmethadol;  (9.1) Beta-hydroxyfentanyl  (N-[1-(2-hydroxy-2-phenethyl)-  4-piperidinyl]-N-phenylpropanamide);
8  (10) Betameprodine;  (11) Betamethadol;  (12) Betaprodine;
11  (13) Clonitazene;  (14) Dextromoramide;  (15) Diampromide;  (16) Diethylthiambutene;  (17)
14  Difenoxin;  (18) Dimenoxadol;  (19) Dimepheptanol;  (20) Dimethylthiambut
16  ene;  (21) Dioxaphetyl
17  butyrate;
18  (22) Dipipanone;  (23) Ethylmethylthiam
19  butene;  (24) Etonitazene;  (25) Etoxeridine;  (26) Furethidine;
22  (27) Hydroxpethidine;  (28) Ketobemidone;  (29) Levomoramide;  (30) Levophenacylmorphan;  (31) 3-Methylfentanyl  (N-[3-methyl-1-(2-phenylethyl)-
2  4-piperidyl]-N-phenylpropanam
3  ide);  (31.1)
4  3-Methylthiofentanyl  (N-[(3-methyl-1-(2-thienyl)ethyl-  4-piper
6  idinyl]-N-phenylpropanamide);  (32) Morpheridine;  (33) Noracymethadol;  (34) Norlevorphanol;  (35) Normethadone;  (36) Norpipanone;  (36.1) Para-fluorofenta
13  nyl  (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-  4-piperid
15  inyl]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) T

 

 

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1  ilidine;  (47) Trimeperidine;  (48) Beta-hydroxy-3-methylfentanyl (other nam
3  e:  N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piper
5  idinyl]-  N-phenylpropanamide);  (49) Furanyl fen
7  tanyl (FU-F);  (50) Butyryl fentanyl;
9  (51) Valeryl fentanyl;  (52) Acetyl fentanyl;  (53) Beta-hydroxy-thio
12  fentanyl;
13  (54) 3,4-dichloro-N-[2-  (dimethyl
14  amino)cyclohexyl]-N-  methylbenzamide (U-47700);   (55) 4-c
16  hloro-N-[1-[2-  (4-nitrophenyl)ethyl]-2-piperidinylidene]-  benzenesulfon
18  amide (W-18);   (56) 4-chloro-N-[1-(2-pheny
19  lethyl)  -2-piperidinylidene]-benzenesulfon
20  amide (W-15);   (57) acr
21  ylfentanyl (acryloylfentanyl).  (c) Unless specifically excepted or unless listed in anot
23  her schedule, any of the following opium derivatives, its
24  salts, isomers and salts of isomers, whenever the existence of such salts, is
25  omers and salts of isomers is possible within the specific c
26  hemical designation:  (1) Acetorphine;  (2) Acetyl
2  dihydrocodeine;  (3) Benzylmorp
3  hine;  (4) Codeine methylbromide;  (5) Codeine-N-Oxide;  (6) Cyprenorphine;  (7) Desomorphine;  (8) Diacetyldihydromorphine (Dihydroheroin);
7  (9) Dihydromorphine;
8  (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;
17  (19) Myrophine;  (20) Nicocodeine;  (21) Nicomorphine;  (22) Normorphine;  (23) Pho
21  lcodine;  (24) Thebaco
22  n. (d) Unless specifically excepte
23  d or unless listed in another schedule, any material, compound, mixture, or pre
24  paration which contains any quantity of the foll
25  owing hallucinogenic substances, or which contains any o
26  f its salts, isomers and salts of isomers, whenever the ex

 

 

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1  istence of such salts, isomers, and salts of isomers is possibl
2  e within the specific chemical designation (for the purposes of
3  this paragraph only, the term "isomer" includes the optical, posit
4  ion and geometric isomers):  (1) 3,4-methylenedioxyamphetamine (alpha-met
6  hyl,3,4-methylenedioxyphenethylamine, methy
7  lenedioxyamphetamine, MDA);  (1.1) Alpha-ethyltryptamine
9  (some trade or other names: etryptamine; MONASE
10  ; alpha-ethyl-1H-indo
11  le-3-ethanamine; 3-(2-ami
12  nobutyl)indole; a-ET; and AET);  (2) 3,4-methylenedioxym
14  ethamphetamine (MDMA);  (2.1) 3
15  ,4-methylenedioxy-N-ethylamphetamine (a
16  lso known as: N-ethyl-alpha-methyl-
17  3,4(methylenedioxy) Phenethylamine, N-ethyl MD
18  A, MDE, and MDEA);  (2.2) N-Benzylpiperazine (BZP);   (2.2-1) Trifluo
21  romethylphenylpiperazine (TFMPP);
22  (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMD
23  A);  (
24  4) 3,4,5-trimethoxyamphetamine (TMA);  (5) (Blank);  (6) Diethyltryptamine (DET);  (7) Dimethyltryptamine (DMT);  (7.1) 5-Methoxy-diallyltryptamine;   (8) 4-methyl-2,5-di
3  methoxyamphetamine (DOM, STP);  (9
4  ) 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,
7  2] azepino [5,4-b]  indole; Tabernanthe iboga);
8  (10) Lysergic acid diethylamide;  (10.1) Salvinorin A;   (10.5) Salvia divinorum (meaning all parts of the
10  plant presently classified botanically as Salvi
11  a divinorum, whether growing or not, the seeds thereof, any extr
12  act from any part of that plant, and every compound, manufacture,
13  salts, isomers, and salts of isomers whenever the existence of such salts, isomers
14  , and salts of isomers is possible within the specific chemical designation, derivative, mixture, or
15  preparation of that plant, its seeds or extracts);   (11) 3,4,5-trimethoxyphenethylamine (Mescaline);  (12) Peyote (meaning all parts of the plant presently
18  classified botanically as Lophophora williamsii Lemaire, whether
19  growing or not, the seeds thereof, any extract from any part of that
20  plant, and every compound, manufacture, salts, derivativ
21  e, mixture, or preparation of that plant, its seeds or e
22  xtracts);  (13)
23  N-ethyl-3-piperidyl benzilate (JB 318);
24  (14) N-methyl-3-piperidyl benzilate;  (14.1) N-hydroxy-3,4-methylenedio

 

 

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1  xyamphetamine  (also known as N-hydroxy-alpha-methyl-  3,4(methylenedioxy)p
3  henethylamine and N-hydroxy MDA);  (15) Parahexyl; some trade or other names: 3-hex
5  yl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H- dibenzo (b,d
7  ) pyran; Synhexyl;  (16) (Blank); Psilocybin;  (17) (Blank); Psilocyn;  (18) Alpha-methyltryptamine (AMT);  (19) 2,5-dimethoxyamphetamine  (2,5-dimethoxy-
13  alpha-methylphenethylamine; 2,5-DMA);  (20) 4-bromo-2,5-dimethoxyamphetamin
15  e  (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;  4
16  -bromo-2,5-DMA);  (20.1) 4-Bromo-2,5 dimethoxyphenethylamine. Some trade or other names: 2
18  -(4-bromo- 2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB, 2CB, Nexus;  (21) 4
20  -methoxyamphetamine  (4-methoxy-alpha-methylphenethylamine;  parameth
21  oxyamphetamine; PMA);  (22) (Bl
22  ank);  (23) Ethy
23  lamine analog of phencyclidine. Some trade or other names: N-ethyl-1-phenylcyclohexylam
24  ine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;  (24) Pyrrolidine analog of phencyclidine. Some trade or other na

 

 

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1  mes: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy, PHP
2  ;  (25) 5-methoxy-3,4-methylenedioxy-amphetamine;  (26) 2,5-dimethoxy-4-ethylamphetamine  (another name: DOET);  (27) 1-[1-(2-thienyl
7  )cyclohexyl] pyrrolidine  (another name: TCPy);
8  (28) (Blank);  (29) Thiophene ana
10  log of phencyclidine (some trad
11  e or other names: 1-[1-(2-thienyl
12  )-cyclohexyl]-piperidine; 2
13  -thienyl analog of phencyclidine; TPCP; TCP);  (29.1) Benzot
14  hiophene analog of phencyclidine. Some trade or other names
15  : BTCP or benocyclidine;  (29.2) 3-Methoxyphencyclidine (3-MeO-PCP);   (30) Bufotenine (some trade or other names:  3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;  3-(2-dimethylaminoethyl)-5-ind
20  olol;  5-hydroxy-N,N-dimethyltryptamine;  N,N-dimethylserotonin; mappine);  (31) (Blank);
23  (32) (Blank);   (33) (Blank);   (34)
25  (Blank);   (34.5) (Blank);   (35) (6aR,10aR)-9-(hydroxymet

 

 

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1  hyl)-6,6-dimethyl-3- (2-methyloctan-2-yl)-6a,7,
3  10,10a-tetrahydrobenzo[c]chromen-1-ol Some trade or other names: HU-210
5  ;   (35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-  dimethyl-3-(2-methyloctan-2
8  -yl)-6a,7,10,10a-  tetrahydrobenzo[c]chromen-1-ol,
10  its isomers,  salts,
11  and salts of isomers; Some trade or other  names: HU-210, Dexanabinol;   (36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)- 6,6-dimethyl-3-(2-methyloctan-2-yl)-  6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol Some trade or other names: HU-211;  (37) (Blank);   (38)
18  (Blank);   (39) (Blank);   (40) (Blank);   (41) (Blank);   (42) Any compound struc
20  turally derived from 3-(1-naphthoyl)indole or 1H-indol-3-
21  yl-(1-naphthyl)methane by substitution at the nitrogen atom
22  of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
23  halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl whether or
24  not further substituted in the indole ring to any extent, whether or not substituted in the napht
25  hyl ring to any extent. Examples of this structural class include, but are not
26  limited to, JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185;  (43) Any compound struct
3  urally derived from 3-(1-naphthoyl)pyr
4  role by substitution at the nitrogen atom of the p
5  yrrole ring by alkyl, haloalkyl, alkenyl, cycloalk
6  ylmethyl, cycloalkylethyl, aryl halid
7  e, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further
9  substituted in the pyrrole ring to any extent, whether o
10  r not substituted in the naphthyl ring to any extent. Examples of this structura
11  l class include, but are not limited to, JWH-030, JWH-145,
12  JWH-146, JWH-307, and JWH-368;
13  (44) Any compound st
14  ructurally derived from 1-(1-naphthylmethyl)in
15  dene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmeth
16  yl, cycloalkylethyl, aryl halide, alkyl aryl halid
17  e, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl whether or not further
19  substituted in the indene ring to any extent, whether or no
20  t substituted in the naphthyl ring to any extent. Examples of this st
21  ructural class include, but are not limited to, JWH-176;   (45) Any compound stru
23  cturally derived from 3-phenylacetylindole by subst
24  itution at the nitrogen atom of the indole ring with alkyl
25  , haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-met
26  hyl-2-piperidinyl)methyl, or 2-(

 

 

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1  4-morpholinyl)ethyl, whether or not further substituted
2  in the indole ring to any extent, whether or not substitu
3  ted in the phenyl ring to any extent. Examples of this st
4  ructural class include, but are not limited to, JWH-167, JWH-250, JW
5  H-251, and RCS-8;   (46)
6  Any compound structurally derived from 2-(
7  3-hydroxycyclohexyl)phenol by substitution at the 5
8  -position of the phenolic ring by alkyl, haloalkyl,
9  alkenyl, cycloalkylmethyl, cycloalkylethyl, a
10  ryl halide, alkyl aryl halide, 1-(N-me
11  thyl-2-piperidinyl)methyl, or 2-(4-morph
12  olinyl)ethyl, whether or not substituted in the cyc
13  lohexyl ring to any extent. Examples of this structural cla
14  ss include, but are not limited to, CP 47, 497 and its C8 homologue (
15  cannabicyclohexanol);   (46.1) Any co
16  mpound structurally derived from 3-(benzoyl
17  ) indole with substitution at the nitrogen atom of the ind
18  ole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmet
19  hyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-
20  piperidinyl)methyl, or 2-(4-morpholiny
21  l)ethyl group whether or not further substituted in the indole ri
22  ng to any extent and whether or not substituted in the phen
23  yl ring to any extent. Examples of this structural class
24  include, but are not limited to, AM-630, AM-2233, AM-694, Prav
25  adoline (WIN 48,098), and RCS-4;   (47) (Blank);   (48)

 

 

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1  (Blank);   (49) (Blank)
2  ;   (50) (Blank);   (51) (Blank);   (52) (Blank);
5  (53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine. Some trade or other nam
7  es: 2C-T-7;   (53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some trade
9  or other names: 2C-E;   (53.2) 2,5-dimethoxy-4-methy
11  lphenethylamine. Some trade or other names: 2C-D;
12  (53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some trade or other names: 2
14  C-C;   (53
15  .4) 4-iodo-2,5-dimethoxyphenethy
16  lamine. Some trade or other names: 2C-I;   (53.5) 4-et
18  hylthio-2,5-dimethoxyphenethylamine. S
19  ome trade or other names: 2C-T-2;   (53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine. Some trade or other names: 2C-T-4;   (53.7) 2,5-dimethoxyphenethylamine. Some
23  trade or other names: 2C-H;   (53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some
25  trade or other names: 2C-N;
26  (53.9) 2,5-dimethoxy-4-(n)-propylphenethylam

 

 

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1  ine. Some trade or other names: 2C-P;   (53.10) 2,5-dimethoxy-3,4-dimethylphenethyla
3  mine. Some trade or other names: 2C-G;   (53.11) The N-(2-methoxybenzyl) derivative
5  of any 2C phenethylamine referred to in subparagraphs (20.1), (53), (53
6  .1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7), (53.8), (53.9), and (53.10) in
7  cluding, but not limited to, 25I-NBOMe and 25C-NBOMe;   (54) 5-Methoxy-N,N-
9  diisopropyltryptamine;   (55) (Blank);   (56) (Blank);   (57) (Blank);   (58) (Blank);   (59) 3-cycl
13  opropoylindole with substitution at the nitrogen atom of the ind
14  ole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
15  aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or
17  not further substituted on the indole ring to any extent,
18  whether or not substituted on the cyclopropyl ring to an
19  y extent: including, but not limited to, XLR11, UR144, FUB-144;   (60) 3-adamant
21  oylindole with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl
22  , cycloalkylmethyl, cycloalkylethyl, aryl halide,
23  alkyl aryl halide, 1-(N-methyl-2
24  -piperidinyl)methyl, or 2-(4-mor
25  pholinyl)ethyl, whether or not further substituted
26  on the indole ring to any extent, whether or not substituted o

 

 

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1  n the adamantyl ring to any extent: including, but not
2  limited to, AB-001;
3  (61) N-(adamantyl)-indole-3-carboxamide with subst
4  itution at the nitrogen atom of the indole ring by alkyl, haloalkyl, al
5  kenyl, cycloalkylmethyl, cycloalkylethyl, aryl ha
6  lide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not furt
8  her substituted on the indole ring to any extent, whether or
9  not substituted on the adamantyl ring to any extent: i
10  ncluding, but not limited to, APICA/2NE-1, STS-135;   (62) N-(adamantyl)-indazo
12  le-3-carboxamide with substitution at a nitrogen atom of th
13  e indazole ring by alkyl, haloalkyl, alkenyl, cyc
14  loalkylmethyl, cycloalkylethyl, aryl halide, alky
15  l aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
16  2-(4-morpholinyl)ethyl, whether or not further substituted on
17  the indazole ring to any extent, whether or not substitu
18  ted on the adamantyl ring to any extent: incl
19  uding, but not limited to, AKB48, 5F-AKB48;
20  (63) 1H-indole-3-carboxylic acid 8-quinolinyl ester with substitution a
22  t the nitrogen atom of the indole ring by alkyl,
23  haloalkyl, alkenyl, cycloalkylmethyl, cycloalkyle
24  thyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl,
25  or 2-(4-morpholinyl)ethyl, whether or not further substituted on
26  the indole ring to any extent, whether or not substitut

 

 

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1  ed on the quinoline ring to any extent: inclu
2  ding, but not limited to, PB22, 5F-PB22, FU
3  B-PB-22;   (64)
4  3-(1-naphthoyl)indazole with substitution at the nitrogen
5  atom of the indazole ring by alkyl, haloalkyl, alke
6  nyl, cycloalkylmethyl, cycloalkylethyl, aryl hali
7  de, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
8  2-(4-morpholinyl)ethyl, whether or not further substituted on the inda
9  zole ring to any extent, whether or not substituted on the
10  naphthyl ring to any extent: including, but not
11  limited to, THJ-018, THJ-2201;   (65) 2-(1-naphthoy
13  l)benzimidazole with substitution at the nitrogen atom of the benzimida
14  zole ring by alkyl, haloalkyl, alkenyl, cycloalky
15  lmethyl, cycloalkylethyl, aryl halide, alkyl aryl
16  halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
17  whether or not further substituted on the benzimidazole ring to any ext
18  ent, whether or not substituted on the naphthyl ring to
19  any extent: including, but not limited to, FUBIMINA;   (66) N-(1-amino-3-methyl
21  -1-oxobutan-2-yl)-1H-indazole- 3-carboxamide with substitution on the nitr
23  ogen atom of the indazole ring by alkyl, haloalkyl, alkenyl
24  , cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morp
26  holinyl)ethyl, whether or not further substituted on the

 

 

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1  indazole ring to any extent: including, but not limited
2  to, AB-PINACA, AB-F
3  UBINACA, AB-CHMINACA;   (67) N-(1-amino-3,3-dimethyl-1-o
5  xobutan-2-yl)-1H- indazole-3-carboxamide with substitution on the nitrogen atom
7  of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalk
8  ylmethyl, c
9  ycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substitute
11  d on the indazole ring to any extent: including,
12  but not limited to, ADB-PINACA, ADB-FUBINACA;
13  (68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H- indole-3-carboxamide with substitutio
16  n on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloal
17  kylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indo
19  le ring to any extent: including, but not limited to, AD
20  BICA, 5F-ADBICA;
21  (69) N-(1-amino-3-methyl-1-oxobut
22  an-2-yl)-1H-indole- 3-carboxamide w
23  ith substitution on the nitrogen atom of the indole rin
24  g by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
25  alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
26  whether or not further substituted on the indole ring to any extent

 

 

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1  : including, but not limited to, ABICA, 5F-ABICA
2  ;   (70) Methyl 2-(
3  1H-indazole-3-carboxamido)-3- methylbut
4  anoate with substitution on the nitrogen atom of the indazole ring by a
5  lkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalky
6  lethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring
8  to any extent: including, but not limited to, AMB, 5F-A
9  MB;   (71) M
10  ethyl 2-(1H-indazole-3-carboxamido)
11  -3,3- dimethylbutanoate with substitution on the nitrogen
12  atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmeth
13  yl, cycloalkylethyl, aryl halide, alkyl aryl halide,
14  1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring
16  to any extent: including, but not limited to, 5-flu
17  oro-MDMB-PINACA, MDMB-FUBINACA
18  ;   (72) Methyl 2-(
19  1H-indole-3-carboxamido)-3- methylbutan
20  oate with substitution on the nitrogen atom of the indole ring by alkyl
21  , haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl
22  , aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not furt
24  her substituted on the indazole ring to any extent: inclu
25  ding, but not limited to, MMB018, MMB2201, and AMB-CHMICA;   (73) Meth

 

 

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1  yl 2-(1H-indole-3-carboxamido)-3,3- dimethylbutanoate with substitution on the nitrogen atom of the indo
3  le ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
4  cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)met
5  hyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the
6  indazole ring to any extent: including, but not limited t
7  o, MDMB-CHMICA;
8  (74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H- indazole-3-carboxamide with substitution on the nitrogen atom of the
11  indazole ring by alkyl, haloalkyl, alkenyl, cycloalkyl
12  methyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not
14  further substituted on the indazole ring to any  ex
15  tent: including, but not limited to, APP-CH
16  MINACA, 5-fluoro-APP-PINACA;   (75) N-(1-Amino-1-oxo
18  -3-phenylpropan-2-yl)-1H-indole- 3-carboxamide with substitution on the nitrog
20  en atom of the indole ring by alkyl, haloalkyl, alkenyl, cycl
21  oalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)
22  methyl, or 2-(4-morpholinyl)ethyl, whether or not further
23  substituted on the indazole ring to any extent: includi
24  ng, but not limited to, APP-PICA and 5-fluoro-APP-PICA;   (76) 4-Acetoxy-N,N-dimethyltryptamine: trade name 4-AcO-DMT;  (77) 5-Metho
2  xy-N-methyl-N-isopropyltryptamine: trade name 5-MeO-MIPT;  (78) 4-hydroxy Diethyltryptamine (4-HO-DET);
4  (79) 4-hydroxy-N-methyl-N-ethylt
5  ryptamine (4-HO-MET);  (80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);  (81) 4-hydroxy-N-methyl-N-i
9  sopropyltryptamine (4-HO-MiPT);   (82) Fluorophenylpiperazine;  (83) Meth
11  oxetamine;  (84) 1-(Ethylamino)-2-phenylpropan-2-one (iso- ethcathinone).  (e) Unless specifically excepted or unless listed in
14  another schedule, any material, compound, mixture, or pre
15  paration which contains any quantity of the following substances having a depressant effect on the
16  central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salt
17  s of isomers is possible within the specific chemical designation:  (1) mecloqualone;
18  (2) methaqualone; and  (3) gamma hydroxybutyric acid. (f) Unless specifically excepted or unless listed in anothe
21  r schedule, any material, compound, mixture, or prepara
22  tion which contains any quantity of the following substances having a stimulant effect on
23  the central nervous system, inclu
24  ding its salts, isomers, and salts of isomers:
25  (1) Fenethylline;  (2) N-ethylamphetamine;

 

 

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1  (3) Aminorex (some other na
2  mes:  2-amino-5-phenyl-2-oxazoline; aminoxaphen;  4-5-dihydro-5-phenyl-2-oxazolamine) and its  salts, optical isomers, and salts
5  of optical isomers;  (4) Methcathinone (some other names:  2-methylamino-1-phenylpropan-1-one;  Ephedrone; 2-(methylamino)-pr
9  opiophenone;  alpha-(methylamino)propiophen
10  one; N-methylcathinone;  methycathinone; Monom
11  ethylpropion; UR 1431) and its  salts, optical isomers,
12  and salts of optical isomers;  (5) Cathinone (s
13  ome trade or other names:  2-aminopropioph
14  enone; alpha-aminopropiophenone;  2-amino-1-phenyl-propanone; norephedro
16  ne);  (6) N,N-dimethylamphetamin
17  e (also known as:  N,N-alpha-trimethyl-benzeneethanamine;  N,N-alpha-trimethylphenethylamine);  (7) (+ or -) cis-4-methylamino
20  rex ((+ or -) cis-  4,5-dihydro-4-me
21  thyl-4-5-phenyl-2-oxazolamine)
22  ;  (8) 3,4-Methylenedi
23  oxypyrovalerone (MDPV);
24  (9) Halogenated amphetamines and  methamphetamines - any compound derived from
25  either  amphetamine or methamphetamine through th
26  e substitution  of a halogen on the phenyl ring, including, b

 

 

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1  ut not  limited to, 2-fluoroamphetamine, 3-  fluoroamphetamine and 4-fluoro
2  amphetamine;   (10) A
3  minopropylbenzofuran (APB):  including 4-(2-Am
4  inopropyl) benzofuran, 5-  (2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)  benzofuran, and 7-(2-Aminopropyl) benzofuran;   (11) Aminopropyldihydrobenzofuran (APDB):  including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,  5-(2-Aminopropyl)-2, 3-dihydrob
8  enzofuran,  6-(2-Aminopropyl
9  )-2,3-dihydrobenzofuran,  and 7-(2-
10  Aminopropyl)-2,3-dihydrobenzofuran;   (12) Methylaminopropylbenzofu
12  ran  (MAPB): including 4-(2-methylami
13  nopropyl)  benzofuran, 5-(2-methylaminopropyl)benzofuran,  6-(2-methylaminopropyl)benzofuran  and 7-(2-methylaminopropyl)benzofuran.  (g) Temporary listing of substances subject to emergency
17  scheduling. Any material, compound, mixture, or preparation that contains any quantity of the
18  following substances:  (1) N-[1-benzyl-4-piperidyl]-N-phenylpropan
20  amide (benzylfentanyl), its optical isomers, isomers, salts, and salts o
21  f isomers;  (2) N-[1(2-th
22  ienyl) methyl-4-piperidyl]-N- phenylpropanamide (thenylfentanyl), its optical isom
23  ers, salts, and salts of isomers. (h) Synthetic cathinones. Unless specifically excepte
25  d, any chemical compound which is not approved by the United Stat
26  es Food and Drug Administration or, if approved, is

 

 

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1  not dispensed or possessed in accordance with State or federal law, not includi
2  ng bupropion, structurally derived from 2-aminoprop
3  an-1-one by substitution at the 1-position
4  with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound
5  is further modified in one or more of the following ways:   (1) by substitution in the ring system to any extent wi
7  th alkyl, alkylenedioxy, alkoxy, haloalkyl, hyd
8  roxyl, or halide substituents, whether or not further substituted in the ring system
9  by one or more other univalent substituents. Examples of
10  this class include, but are not limited to, 3,4
11  -Methylenedioxycathinone (bk-MDA);   (2) by substitution at the 3-position with an acyclic alkyl substituent. Examples of
14  this class include, but are not limited to, 2-methyla
15  mino-1-phenylbutan-1-one (buphed
16  rone); or   (3) by substitution at the 2-am
17  ino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl
18  groups, or by inclusion of the 2-amino nitrogen atom
19  in a cyclic structure. Examples of this class
20  include, but are not limited to, Dimethylcathinone, Ethcat
21  hinone, and a-Pyrrolidinopropiophenone (a-PPP);
22  or  Any other synthetic cathi
23  none which is not approved by the United States
24  Food and Drug Administration or, if approved, is not disp
25  ensed or possessed in accordance with State or federal law.  (i) Synthetic
26  cannabinoids or piperazines. Any synthetic cannabinoid or piperaz

 

 

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1  ine which is not approved by the United States Food and Dru
2  g Administration or, if approved, which is not dispensed or possessed in accorda
3  nce with State and federal law. (j) Unless specifically excepted or listed in another schedule,
5  any chemical compound which is not approved by the Uni
6  ted States Food and Drug Administration or, if approved,
7  is not dispensed or possessed in accordance with State
8  or federal law, and is derived from the following
9  structural classes and their salts:  (1) Benzo
10  diazepine class: A fused 1,4-diazepine and benzene ri
11  ng structure with a phenyl connected to the 1,4-diazepine
12  ring, with any substitution(s) or replacement(s) on the 1,4-diazepine or benzene
14  ring, any substitution(s) on the phenyl ring, or any com
15  bination thereof. Examples of this class include but are not l
16  imited to: Clonazolam, Flualprazolam; or  (2) Thienodiazepine class: A fused 1,4-diazepine and thiophene ring
19  structure with a phenyl connected to the 1,4-di
20  azepine ring, with any substitution(s) or replacement(s) on t
21  he 1,4-diazepine or thiophene ring, any substitution(s) o
22  n the phenyl ring, or any combination thereof. Examples of this
23  class include but are not limited to: Etizolam. (Source: P.A. 103-245, eff. 1-1-24.)

 

 

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