Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0280 Latest Draft

Bill / Introduced Version Filed 01/24/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB0280 Introduced 1/24/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 720 ILCS 570/401 from Ch. 56 1/2, par. 1401720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1 Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device". LRB104 03922 RLC 13946 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB0280 Introduced 1/24/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:  720 ILCS 570/401 from Ch. 56 1/2, par. 1401720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1 720 ILCS 570/401 from Ch. 56 1/2, par. 1401 720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1 Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device".  LRB104 03922 RLC 13946 b     LRB104 03922 RLC 13946 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB0280 Introduced 1/24/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
720 ILCS 570/401 from Ch. 56 1/2, par. 1401720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1 720 ILCS 570/401 from Ch. 56 1/2, par. 1401 720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1
Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device".
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    LRB104 03922 RLC 13946 b
A BILL FOR
SB0280LRB104 03922 RLC 13946 b   SB0280  LRB104 03922 RLC 13946 b
  SB0280  LRB104 03922 RLC 13946 b
1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Controlled Substances Act is
5  amended by changing Sections 401 and 401.1 as follows:
6  (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
7  Sec. 401. Manufacture or delivery, or possession with
8  intent to manufacture or deliver, a controlled substance, a
9  counterfeit substance, or controlled substance analog. Except
10  as authorized by this Act, it is unlawful for any person
11  knowingly to manufacture or deliver, or possess with intent to
12  manufacture or deliver, a controlled substance other than
13  methamphetamine and other than bath salts as defined in the
14  Bath Salts Prohibition Act sold or offered for sale in a retail
15  mercantile establishment as defined in Section 16-0.1 of the
16  Criminal Code of 2012, a counterfeit substance, or a
17  controlled substance analog. A violation of this Act with
18  respect to each of the controlled substances listed herein
19  constitutes a single and separate violation of this Act. For
20  purposes of this Section, "controlled substance analog" or
21  "analog" means a substance, other than a controlled substance,
22  which is not approved by the United States Food and Drug
23  Administration or, if approved, is not dispensed or possessed

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB0280 Introduced 1/24/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
720 ILCS 570/401 from Ch. 56 1/2, par. 1401720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1 720 ILCS 570/401 from Ch. 56 1/2, par. 1401 720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1
Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device".
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    LRB104 03922 RLC 13946 b
A BILL FOR

 

 

720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1



    LRB104 03922 RLC 13946 b

 

 



 

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1  in accordance with State or federal law, and that has a
2  chemical structure substantially similar to that of a
3  controlled substance in Schedule I or II, or that was
4  specifically designed to produce an effect substantially
5  similar to that of a controlled substance in Schedule I or II.
6  Examples of chemical classes in which controlled substance
7  analogs are found include, but are not limited to, the
8  following: phenethylamines, N-substituted piperidines,
9  morphinans, ecgonines, quinazolinones, substituted indoles,
10  and arylcycloalkylamines. For purposes of this Act, a
11  controlled substance analog shall be treated in the same
12  manner as the controlled substance to which it is
13  substantially similar.
14  (a) Any person who violates this Section with respect to
15  the following amounts of controlled or counterfeit substances
16  or controlled substance analogs, notwithstanding any of the
17  provisions of subsections (c), (d), (e), (f), (g) or (h) to the
18  contrary, is guilty of a Class X felony and shall be sentenced
19  to a term of imprisonment as provided in this subsection (a)
20  and fined as provided in subsection (b):
21  (1)(A) not less than 6 years and not more than 30 years
22  with respect to 15 grams or more but less than 100 grams of
23  a substance containing heroin, or an analog thereof;
24  (B) not less than 9 years and not more than 40 years
25  with respect to 100 grams or more but less than 400 grams
26  of a substance containing heroin, or an analog thereof;

 

 

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1  (C) not less than 12 years and not more than 50 years
2  with respect to 400 grams or more but less than 900 grams
3  of a substance containing heroin, or an analog thereof;
4  (D) not less than 15 years and not more than 60 years
5  with respect to 900 grams or more of any substance
6  containing heroin, or an analog thereof;
7  (1.5)(A) not less than 6 years and not more than 30
8  years with respect to 15 grams or more but less than 100
9  grams of a substance containing fentanyl, or an analog
10  thereof;
11  (B) not less than 9 years and not more than 40 years
12  with respect to 100 grams or more but less than 400 grams
13  of a substance containing fentanyl, or an analog thereof;
14  (C) not less than 12 years and not more than 50 years
15  with respect to 400 grams or more but less than 900 grams
16  of a substance containing fentanyl, or an analog thereof;
17  (D) not less than 15 years and not more than 60 years
18  with respect to 900 grams or more of a substance
19  containing fentanyl, or an analog thereof;
20  (2)(A) not less than 6 years and not more than 30 years
21  with respect to 15 grams or more but less than 100 grams of
22  a substance containing cocaine, or an analog thereof;
23  (B) not less than 9 years and not more than 40 years
24  with respect to 100 grams or more but less than 400 grams
25  of a substance containing cocaine, or an analog thereof;
26  (C) not less than 12 years and not more than 50 years

 

 

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1  with respect to 400 grams or more but less than 900 grams
2  of a substance containing cocaine, or an analog thereof;
3  (D) not less than 15 years and not more than 60 years
4  with respect to 900 grams or more of any substance
5  containing cocaine, or an analog thereof;
6  (3)(A) not less than 6 years and not more than 30 years
7  with respect to 15 grams or more but less than 100 grams of
8  a substance containing morphine, or an analog thereof;
9  (B) not less than 9 years and not more than 40 years
10  with respect to 100 grams or more but less than 400 grams
11  of a substance containing morphine, or an analog thereof;
12  (C) not less than 12 years and not more than 50 years
13  with respect to 400 grams or more but less than 900 grams
14  of a substance containing morphine, or an analog thereof;
15  (D) not less than 15 years and not more than 60 years
16  with respect to 900 grams or more of a substance
17  containing morphine, or an analog thereof;
18  (4) 200 grams or more of any substance containing
19  peyote, or an analog thereof;
20  (5) 200 grams or more of any substance containing a
21  derivative of barbituric acid or any of the salts of a
22  derivative of barbituric acid, or an analog thereof;
23  (6) 200 grams or more of any substance containing
24  amphetamine or any salt of an optical isomer of
25  amphetamine, or an analog thereof;
26  (6.5) (blank);

 

 

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1  (6.6) (blank);
2  (7)(A) not less than 6 years and not more than 30 years
3  with respect to: (i) 15 grams or more but less than 100
4  grams of a substance containing lysergic acid diethylamide
5  (LSD), or an analog thereof, or (ii) 15 or more objects or
6  15 or more segregated parts of an object or objects but
7  less than 200 objects or 200 segregated parts of an object
8  or objects containing in them or having upon them any
9  amounts of any substance containing lysergic acid
10  diethylamide (LSD), or an analog thereof;
11  (B) not less than 9 years and not more than 40 years
12  with respect to: (i) 100 grams or more but less than 400
13  grams of a substance containing lysergic acid diethylamide
14  (LSD), or an analog thereof, or (ii) 200 or more objects or
15  200 or more segregated parts of an object or objects but
16  less than 600 objects or less than 600 segregated parts of
17  an object or objects containing in them or having upon
18  them any amount of any substance containing lysergic acid
19  diethylamide (LSD), or an analog thereof;
20  (C) not less than 12 years and not more than 50 years
21  with respect to: (i) 400 grams or more but less than 900
22  grams of a substance containing lysergic acid diethylamide
23  (LSD), or an analog thereof, or (ii) 600 or more objects or
24  600 or more segregated parts of an object or objects but
25  less than 1500 objects or 1500 segregated parts of an
26  object or objects containing in them or having upon them

 

 

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1  any amount of any substance containing lysergic acid
2  diethylamide (LSD), or an analog thereof;
3  (D) not less than 15 years and not more than 60 years
4  with respect to: (i) 900 grams or more of any substance
5  containing lysergic acid diethylamide (LSD), or an analog
6  thereof, or (ii) 1500 or more objects or 1500 or more
7  segregated parts of an object or objects containing in
8  them or having upon them any amount of a substance
9  containing lysergic acid diethylamide (LSD), or an analog
10  thereof;
11  (7.5)(A) not less than 6 years and not more than 30 years
12  with respect to: (i) 15 grams or more but less than 100
13  grams of a substance listed in paragraph (1), (2), (2.1),
14  (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
15  (26) of subsection (d) of Section 204, or an analog or
16  derivative thereof, or (ii) 15 or more pills, tablets,
17  caplets, capsules, or objects but less than 200 pills,
18  tablets, caplets, capsules, or objects containing in them
19  or having upon them any amounts of any substance listed in
20  paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
21  (20.1), (21), (25), or (26) of subsection (d) of Section
22  204, or an analog or derivative thereof;
23  (B) not less than 9 years and not more than 40 years
24  with respect to: (i) 100 grams or more but less than 400
25  grams of a substance listed in paragraph (1), (2), (2.1),
26  (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or

 

 

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1  (26) of subsection (d) of Section 204, or an analog or
2  derivative thereof, or (ii) 200 or more pills, tablets,
3  caplets, capsules, or objects but less than 600 pills,
4  tablets, caplets, capsules, or objects containing in them
5  or having upon them any amount of any substance listed in
6  paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
7  (20.1), (21), (25), or (26) of subsection (d) of Section
8  204, or an analog or derivative thereof;
9  (C) not less than 12 years and not more than 50 years
10  with respect to: (i) 400 grams or more but less than 900
11  grams of a substance listed in paragraph (1), (2), (2.1),
12  (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
13  (26) of subsection (d) of Section 204, or an analog or
14  derivative thereof, or (ii) 600 or more pills, tablets,
15  caplets, capsules, or objects but less than 1,500 pills,
16  tablets, caplets, capsules, or objects containing in them
17  or having upon them any amount of any substance listed in
18  paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
19  (20.1), (21), (25), or (26) of subsection (d) of Section
20  204, or an analog or derivative thereof;
21  (D) not less than 15 years and not more than 60 years
22  with respect to: (i) 900 grams or more of any substance
23  listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
24  (19), (20), (20.1), (21), (25), or (26) of subsection (d)
25  of Section 204, or an analog or derivative thereof, or
26  (ii) 1,500 or more pills, tablets, caplets, capsules, or

 

 

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1  objects containing in them or having upon them any amount
2  of a substance listed in paragraph (1), (2), (2.1), (2.2),
3  (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
4  subsection (d) of Section 204, or an analog or derivative
5  thereof;
6  (8) 30 grams or more of any substance containing
7  pentazocine or any of the salts, isomers and salts of
8  isomers of pentazocine, or an analog thereof;
9  (9) 30 grams or more of any substance containing
10  methaqualone or any of the salts, isomers and salts of
11  isomers of methaqualone, or an analog thereof;
12  (10) 30 grams or more of any substance containing
13  phencyclidine or any of the salts, isomers and salts of
14  isomers of phencyclidine (PCP), or an analog thereof;
15  (10.5) 30 grams or more of any substance containing
16  ketamine or any of the salts, isomers and salts of isomers
17  of ketamine, or an analog thereof;
18  (10.6) 100 grams or more of any substance containing
19  hydrocodone, or any of the salts, isomers and salts of
20  isomers of hydrocodone, or an analog thereof;
21  (10.7) (blank);
22  (10.8) 100 grams or more of any substance containing
23  dihydrocodeine, or any of the salts, isomers and salts of
24  isomers of dihydrocodeine, or an analog thereof;
25  (10.9) 100 grams or more of any substance containing
26  oxycodone, or any of the salts, isomers and salts of

 

 

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1  isomers of oxycodone, or an analog thereof;
2  (11) 200 grams or more of any substance containing any
3  other controlled substance classified in Schedules I or
4  II, or an analog thereof, which is not otherwise included
5  in this subsection.
6  (b) Any person sentenced with respect to violations of
7  paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
8  involving 100 grams or more of the controlled substance named
9  therein, may in addition to the penalties provided therein, be
10  fined an amount not more than $500,000 or the full street value
11  of the controlled or counterfeit substance or controlled
12  substance analog, whichever is greater. The term "street
13  value" shall have the meaning ascribed in Section 110-5 of the
14  Code of Criminal Procedure of 1963. Any person sentenced with
15  respect to any other provision of subsection (a), may in
16  addition to the penalties provided therein, be fined an amount
17  not to exceed $500,000.
18  (b-1) Excluding violations of this Act when the controlled
19  substance is fentanyl, any person sentenced to a term of
20  imprisonment with respect to violations of Section 401, 401.1,
21  405, 405.1, 405.2, or 407, when the substance containing the
22  controlled substance contains any amount of fentanyl, 3 years
23  shall be added to the term of imprisonment imposed by the
24  court, and the maximum sentence for the offense shall be
25  increased by 3 years.
26  (c) Any person who violates this Section with regard to

 

 

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1  the following amounts of controlled or counterfeit substances
2  or controlled substance analogs, notwithstanding any of the
3  provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
4  to the contrary, is guilty of a Class 1 felony. The fine for
5  violation of this subsection (c) shall not be more than
6  $250,000:
7  (1) 1 gram or more but less than 15 grams of any
8  substance containing heroin, or an analog thereof;
9  (1.5) 1 gram or more but less than 15 grams of any
10  substance containing fentanyl, or an analog thereof;
11  (2) 1 gram or more but less than 15 grams of any
12  substance containing cocaine, or an analog thereof;
13  (3) 10 grams or more but less than 15 grams of any
14  substance containing morphine, or an analog thereof;
15  (4) 50 grams or more but less than 200 grams of any
16  substance containing peyote, or an analog thereof;
17  (5) 50 grams or more but less than 200 grams of any
18  substance containing a derivative of barbituric acid or
19  any of the salts of a derivative of barbituric acid, or an
20  analog thereof;
21  (6) 50 grams or more but less than 200 grams of any
22  substance containing amphetamine or any salt of an optical
23  isomer of amphetamine, or an analog thereof;
24  (6.5) (blank);
25  (7)(i) 5 grams or more but less than 15 grams of any
26  substance containing lysergic acid diethylamide (LSD), or

 

 

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1  an analog thereof, or (ii) more than 10 objects or more
2  than 10 segregated parts of an object or objects but less
3  than 15 objects or less than 15 segregated parts of an
4  object containing in them or having upon them any amount
5  of any substance containing lysergic acid diethylamide
6  (LSD), or an analog thereof;
7  (7.5)(i) 5 grams or more but less than 15 grams of any
8  substance listed in paragraph (1), (2), (2.1), (2.2), (3),
9  (14.1), (19), (20), (20.1), (21), (25), or (26) of
10  subsection (d) of Section 204, or an analog or derivative
11  thereof, or (ii) more than 10 pills, tablets, caplets,
12  capsules, or objects but less than 15 pills, tablets,
13  caplets, capsules, or objects containing in them or having
14  upon them any amount of any substance listed in paragraph
15  (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
16  (21), (25), or (26) of subsection (d) of Section 204, or an
17  analog or derivative thereof;
18  (8) 10 grams or more but less than 30 grams of any
19  substance containing pentazocine or any of the salts,
20  isomers and salts of isomers of pentazocine, or an analog
21  thereof;
22  (9) 10 grams or more but less than 30 grams of any
23  substance containing methaqualone or any of the salts,
24  isomers and salts of isomers of methaqualone, or an analog
25  thereof;
26  (10) 10 grams or more but less than 30 grams of any

 

 

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1  substance containing phencyclidine or any of the salts,
2  isomers and salts of isomers of phencyclidine (PCP), or an
3  analog thereof;
4  (10.5) 10 grams or more but less than 30 grams of any
5  substance containing ketamine or any of the salts, isomers
6  and salts of isomers of ketamine, or an analog thereof;
7  (10.6) 50 grams or more but less than 100 grams of any
8  substance containing hydrocodone, or any of the salts,
9  isomers and salts of isomers of hydrocodone, or an analog
10  thereof;
11  (10.7) (blank);
12  (10.8) 50 grams or more but less than 100 grams of any
13  substance containing dihydrocodeine, or any of the salts,
14  isomers and salts of isomers of dihydrocodeine, or an
15  analog thereof;
16  (10.9) 50 grams or more but less than 100 grams of any
17  substance containing oxycodone, or any of the salts,
18  isomers and salts of isomers of oxycodone, or an analog
19  thereof;
20  (11) 50 grams or more but less than 200 grams of any
21  substance containing a substance classified in Schedules I
22  or II, or an analog thereof, which is not otherwise
23  included in this subsection.
24  (c-5) (Blank).
25  (d) Any person who violates this Section with regard to
26  any other amount of a controlled or counterfeit substance

 

 

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1  containing dihydrocodeine or classified in Schedules I or II,
2  or an analog thereof, which is (i) a narcotic drug, (ii)
3  lysergic acid diethylamide (LSD) or an analog thereof, (iii)
4  any substance containing amphetamine or fentanyl or any salt
5  or optical isomer of amphetamine or fentanyl, or an analog
6  thereof, or (iv) any substance containing N-Benzylpiperazine
7  (BZP) or any salt or optical isomer of N-Benzylpiperazine
8  (BZP), or an analog thereof, is guilty of a Class 2 felony. The
9  fine for violation of this subsection (d) shall not be more
10  than $200,000.
11  (d-1) In addition to any other penalties provided by law,
12  a person unlawfully selling or dispensing any scheduled drug
13  containing a detectable amount of fentanyl is guilty of a
14  Class X felony and shall be sentenced to a term of imprisonment
15  of not less than 9 years and not more than 40 years or fined
16  not more than $250,000, or both.
17  (d-5) (Blank).
18  (e) Any person who violates this Section with regard to
19  any other amount of a controlled substance other than
20  methamphetamine or counterfeit substance classified in
21  Schedule I or II, or an analog thereof, which substance is not
22  included under subsection (d) of this Section, is guilty of a
23  Class 3 felony. The fine for violation of this subsection (e)
24  shall not be more than $150,000.
25  (f) Any person who violates this Section with regard to
26  any other amount of a controlled or counterfeit substance

 

 

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1  classified in Schedule III is guilty of a Class 3 felony. The
2  fine for violation of this subsection (f) shall not be more
3  than $125,000.
4  (g) Any person who violates this Section with regard to
5  any other amount of a controlled or counterfeit substance
6  classified in Schedule IV is guilty of a Class 3 felony. The
7  fine for violation of this subsection (g) shall not be more
8  than $100,000.
9  (h) Any person who violates this Section with regard to
10  any other amount of a controlled or counterfeit substance
11  classified in Schedule V is guilty of a Class 3 felony. The
12  fine for violation of this subsection (h) shall not be more
13  than $75,000.
14  (i) This Section does not apply to the manufacture,
15  possession or distribution of a substance in conformance with
16  the provisions of an approved new drug application or an
17  exemption for investigational use within the meaning of
18  Section 505 of the Federal Food, Drug and Cosmetic Act.
19  (j) (Blank).
20  (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
21  100-368, eff. 1-1-18.)
22  (720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
23  Sec. 401.1. Controlled Substance Trafficking.
24  (a) Except for purposes as authorized by this Act, any
25  person who knowingly brings or causes to be brought into this

 

 

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1  State for the purpose of manufacture or delivery or with the
2  intent to manufacture or deliver a controlled substance other
3  than methamphetamine or counterfeit substance in this or any
4  other state or country is guilty of controlled substance
5  trafficking.
6  (b) A person convicted of controlled substance trafficking
7  shall be sentenced to a term of imprisonment not less than
8  twice the minimum term and fined an amount as authorized by
9  Section 401 of this Act, based upon the amount of controlled or
10  counterfeit substance brought or caused to be brought into
11  this State, and not more than twice the maximum term of
12  imprisonment and fined twice the amount as authorized by
13  Section 401 of this Act, based upon the amount of controlled or
14  counterfeit substance brought or caused to be brought into
15  this State.
16  (c) It shall be a Class 2 felony for which a fine not to
17  exceed $100,000 may be imposed for any person to knowingly use
18  a cellular radio telecommunication device in the furtherance
19  of controlled substance trafficking. This penalty shall be in
20  addition to any other penalties imposed by law.
21  (d) It shall be a Class 1 felony for which a fine not to
22  exceed $100,000 may be imposed for any person to knowingly use
23  an electronic communication device in the furtherance of
24  controlled substance trafficking involving a substance
25  containing any amount of fentanyl. This penalty shall be in
26  addition to any other penalties imposed by law. For purposes

 

 

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