720 ILCS 570/402
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 570/ - Illinois Controlled Substances Act.|Article IV

 (from Ch. 56 1/2, par. 1402)Sec. 402. Except as otherwise authorized by this Act, it is unlawful for  any person knowingly to possess a controlled or counterfeit substance or controlled substance analog.  A violation of this Act with respect to each of the controlled substances  listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog"  means a substance, other than a controlled substance, which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and that has a chemical structure substantially similar to that of a controlled  substance in Schedule I or II, or that was specifically designed to produce  an effect substantially similar to that of a controlled substance in Schedule  I or II.  Examples of chemical classes in which controlled substance analogs  are found include, but are not limited to, the following: phenethylamines,  N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted  indoles, and arylcycloalkylamines.  For purposes of this Act, a controlled  substance analog shall be treated in the same manner as the controlled  substance to which it is substantially similar.(a) Any person who violates this Section with respect to the following  controlled or counterfeit substances and amounts, notwithstanding any of the  provisions of subsections (c) and (d) to the  contrary, is guilty of a Class 1 felony and shall, if sentenced to a term  of imprisonment, be sentenced as provided in this subsection (a) and fined  as provided in subsection (b):(1) (A) not less than 4 years and not more than 15         years with respect to 15 grams or more but less than 100 grams of a substance containing heroin;(B) not less than 6 years and not more than 30         years with respect to 100 grams or more but less than 400 grams of a substance containing heroin;(C) not less than 8 years and not more than 40         years with respect to 400 grams or more but less than 900 grams of any substance containing heroin;(D) not less than 10 years and not more than 50         years with respect to 900 grams or more of any substance containing heroin;(2) (A) not less than 4 years and not more than 15         years with respect to 15 grams or more but less than 100 grams of any substance containing cocaine;(B) not less than 6 years and not more than 30         years with respect to 100 grams or more but less than 400 grams of any substance containing cocaine;(C) not less than 8 years and not more than 40         years with respect to 400 grams or more but less than 900 grams of any substance containing cocaine;(D) not less than 10 years and not more than 50         years with respect to 900 grams or more of any substance containing cocaine;(3) (A) not less than 4 years and not more than 15         years with respect to 15 grams or more but less than 100 grams of any substance containing morphine;(B) not less than 6 years and not more than 30         years with respect to 100 grams or more but less than 400 grams of any substance containing morphine;(C) not less than 6 years and not more than 40         years with respect to 400 grams or more but less than 900 grams of any substance containing morphine;(D) not less than 10 years and not more than 50         years with respect to 900 grams or more of any substance containing morphine;(4) 200 grams or more of any substance containing     peyote;(5) 200 grams or more of any substance containing a     derivative of barbituric acid or any of the salts of a derivative of barbituric acid;(6) 200 grams or more of any substance containing     amphetamine or any salt of an optical isomer of amphetamine;(6.5) (blank);(7) (A) not less than 4 years and not more than 15         years with respect to: (i) 15 grams or more but less than 100 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;(B) not less than 6 years and not more than 30         years with respect to: (i) 100 grams or more but less than 400 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;(C) not less than 8 years and not more than 40         years with respect to:  (i) 400 grams or more but less than 900 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;(D) not less than 10 years and not more than 50         years with respect to:  (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof;(7.5) (A) not less than 4 years and not more than 15         years with respect to: (i) 15 grams or more but less than 100 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;(B) not less than 6 years and not more than 30         years with respect to: (i) 100 grams or more but less than 400 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;(C) not less than 8 years and not more than 40         years with respect to: (i) 400 grams or more but less than 900 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;(D) not less than 10 years and not more than 50         years with respect to: (i) 900 grams or more of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;(8) 30 grams or more of any substance containing     pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;(9) 30 grams or more of any substance containing     methaqualone or any of the salts, isomers and salts of isomers of methaqualone;(10) 30 grams or more of any substance containing     phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);(10.5) 30 grams or more of any substance containing     ketamine or any of the salts, isomers and salts of isomers of ketamine;(11) 200 grams or more of any substance containing     any substance classified as a narcotic drug in Schedules I or II, or an analog thereof,  which is not otherwise included in this subsection.(b) Any person sentenced with respect to violations of paragraph (1),  (2), (3), (7), or (7.5) of subsection (a) involving 100  grams or more of the  controlled substance named therein, may in addition to the penalties  provided therein, be fined an amount not to exceed $200,000 or the full  street value of the controlled or counterfeit substances, whichever is  greater.  The term "street value" shall have the meaning  ascribed in Section 110-5 of the Code of Criminal Procedure of 1963.  Any  person sentenced with respect to any other provision of subsection (a), may  in addition to the penalties provided therein, be fined an amount not to  exceed $200,000.(c) Any person who violates this Section with regard to an amount  of a controlled substance other than methamphetamine or counterfeit substance not set forth in  subsection (a) or (d) is guilty of a Class 4 felony.  The fine for a  violation punishable under this subsection (c) shall not be more  than $25,000.(d) Any person who violates this Section with regard to any amount of  anabolic steroid is guilty of a Class C misdemeanor  for the first offense and a Class B misdemeanor for a subsequent offense  committed within 2 years of a prior conviction.  (Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)