720 ILCS 570/401
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 570/ - Illinois Controlled Substances Act.|Article IV

 (from Ch. 56 1/2, par. 1401)Sec. 401. Manufacture or delivery, or possession with intent to  manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog. Except as authorized by this Act, it is unlawful for any  person knowingly to manufacture or deliver, or possess with intent to  manufacture or deliver, a controlled substance other than methamphetamine and other than bath salts as defined in the Bath Salts Prohibition Act sold or offered for sale in a retail mercantile establishment as defined in Section 16-0.1 of the Criminal Code of 2012, a counterfeit substance, or a 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  amounts of controlled or counterfeit substances or controlled substance  analogs, notwithstanding any of the provisions of subsections (c),  (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class X felony  and shall be sentenced to a term of imprisonment as provided in this subsection  (a) and fined as provided in subsection (b):(1)(A) not less than 6 years and not more than 30     years with respect to 15 grams or more but less than 100 grams of a substance containing heroin, or an analog thereof;(B) not less than 9 years and not more than 40 years     with respect to 100 grams or more but less than 400 grams of a substance containing heroin, or an analog thereof;(C) not less than 12 years and not more than 50 years     with respect to 400 grams or more but less than 900 grams of a substance containing heroin, or an analog thereof;(D) not less than 15 years and not more than 60 years     with respect to 900 grams or more of any substance containing heroin, or an analog thereof;(1.5)(A) not less than 6 years and not more than 30     years with respect to 15 grams or more but less than 100 grams of a substance containing fentanyl, or an analog thereof;(B) not less than 9 years and not more than 40 years     with respect to 100 grams or more but less than 400 grams of a substance containing fentanyl, or an analog thereof;(C) not less than 12 years and not more than 50 years     with respect to 400 grams or more but less than 900 grams of a substance containing fentanyl, or an analog thereof;(D) not less than 15 years and not more than 60 years     with respect to 900 grams or more of a substance containing fentanyl, or an analog thereof;(2)(A) not less than 6 years and not more than 30     years with respect to 15 grams or more but less than 100 grams of a substance containing cocaine, or an analog thereof;(B) not less than 9 years and not more than 40 years     with respect to 100 grams or more but less than 400 grams of a substance containing cocaine, or an analog thereof;(C) not less than 12 years and not more than 50 years     with respect to 400 grams or more but less than 900 grams of a substance containing cocaine, or an analog thereof;(D) not less than 15 years and not more than 60 years     with respect to 900 grams or more of any substance containing cocaine, or an analog thereof;(3)(A) not less than 6 years and not more than 30     years with respect to 15 grams or more but less than 100 grams of a substance containing morphine, or an analog thereof;(B) not less than 9 years and not more than 40 years     with respect to 100 grams or more but less than 400 grams of a substance containing morphine, or an analog thereof;(C) not less than 12 years and not more than 50 years     with respect to 400 grams or more but less than 900 grams of a substance containing morphine, or an analog thereof;(D) not less than 15 years and not more than 60 years     with respect to 900 grams or more of a substance containing morphine, or an analog thereof;(4) 200 grams or more of any substance containing     peyote, or an analog thereof;(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, or an analog thereof;(6) 200 grams or more of any substance containing     amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;(6.5) (blank);(6.6) (blank);(7)(A) not less than 6 years and not more than 30     years with respect to: (i) 15 grams or more but less than 100 grams of a 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 amounts of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;(B) not less than 9 years and not more than 40 years     with respect to: (i) 100 grams or more but less than 400 grams of a 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 12 years and not more than 50 years     with respect to: (i) 400 grams or more but less than 900 grams of a 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 15 years and not more than 60 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 6 years and not more than 30 years     with respect to: (i) 15 grams or more but less than 100 grams 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, 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 amounts 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 9 years and not more than 40 years     with respect to: (i) 100 grams or more but less than 400 grams 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, 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 12 years and not more than 50 years     with respect to: (i) 400 grams or more but less than 900 grams 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, 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 15 years and not more than 60 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, or an analog thereof;(10) 30 grams or more of  any  substance  containing      phencyclidine or any of the  salts,  isomers  and  salts  of  isomers  of phencyclidine  (PCP), or an analog  thereof;(10.5) 30 grams or more of any substance containing     ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof;(10.6) 100 grams or more of any substance containing     hydrocodone, or any of the salts, isomers and salts of isomers of hydrocodone, or an analog thereof;(10.7) (blank);(10.8) 100 grams or more of any substance containing     dihydrocodeine, or any of the salts, isomers and salts of isomers of dihydrocodeine, or an analog thereof;(10.9) 100 grams or more of any substance containing     oxycodone, or any of the salts, isomers and salts of isomers of oxycodone, or an analog thereof;(11) 200 grams or more of any substance containing     any other controlled substance classified 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 more than $500,000 or the full  street value of the controlled or counterfeit substance or controlled substance  analog, 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 $500,000.(b-1) Excluding violations of this Act when the controlled substance is fentanyl, any person sentenced to a term of imprisonment with respect to violations of Section 401, 401.1, 405, 405.1, 405.2, or 407, when the substance containing the  controlled substance contains any amount of fentanyl, 3 years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 3 years.(c) Any person who violates this Section with regard to the  following amounts of controlled or counterfeit substances  or controlled substance analogs, notwithstanding any of the provisions of  subsections (a), (b), (d), (e), (f), (g) or (h) to the  contrary, is guilty of a Class 1 felony.  The fine for violation of this  subsection (c) shall not be more than $250,000:(1) 1 gram or more but less than 15 grams of any     substance containing heroin, or an analog thereof;(1.5) 1 gram or more but less than 15 grams of any     substance containing fentanyl, or an analog thereof;(2) 1 gram or more but less than 15 grams of any     substance containing cocaine, or an analog thereof;(3) 10 grams or more but less than 15 grams of any     substance containing morphine, or an analog thereof;(4) 50 grams or more but less than 200 grams of any     substance containing peyote, or an analog thereof;(5) 50 grams or more but less than 200 grams of any     substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof;(6) 50 grams or more but less than 200 grams of any     substance containing amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;(6.5) (blank);(7)(i) 5 grams or more but less than 15 grams of any     substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) more than 10 objects or more than 10 segregated parts of an object or objects but less than 15 objects or less than 15 segregated parts of an object containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;(7.5)(i) 5 grams or more but less than 15 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) more than 10 pills, tablets, caplets, capsules, or objects but less than 15 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;(8) 10 grams or more but less than 30 grams of any     substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;(9) 10 grams or more but less than 30 grams of any     substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof;(10) 10 grams or more but less than 30 grams of any     substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog thereof;(10.5) 10 grams or more but less than 30 grams of any     substance containing ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof;(10.6) 50 grams or more but less than 100 grams of     any substance containing hydrocodone, or any of the salts, isomers and salts of isomers of hydrocodone, or an analog thereof;(10.7) (blank);(10.8) 50 grams or more but less than 100 grams of     any substance containing dihydrocodeine, or any of the salts, isomers and salts of isomers of dihydrocodeine, or an analog thereof;(10.9) 50 grams or more but less than 100 grams of     any substance containing oxycodone, or any of the salts, isomers and salts of isomers of oxycodone, or an analog thereof;(11) 50 grams or more but less than 200 grams of any     substance containing a substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.(c-5) (Blank).(d) Any person who violates this Section with regard to any other  amount of a controlled or counterfeit substance containing dihydrocodeine  or classified in  Schedules I or II, or an analog thereof, which is (i) a narcotic  drug, (ii) lysergic acid diethylamide (LSD) or an analog thereof,  (iii) any  substance containing amphetamine or fentanyl or any salt or optical  isomer of amphetamine or fentanyl, or an analog thereof, or (iv) any  substance containing  N-Benzylpiperazine (BZP) or any salt or optical  isomer of N-Benzylpiperazine (BZP), or an analog thereof, is guilty  of a Class 2 felony. The fine for violation of this subsection (d) shall  not be more than $200,000.(d-5) (Blank).(e) Any person who violates this Section with regard to any other  amount of a controlled substance other than methamphetamine or counterfeit substance classified in  Schedule I or II, or an analog thereof, which substance is not  included under subsection (d) of this Section, is  guilty of a Class 3 felony. The fine for violation of this subsection (e)  shall not be more than $150,000.(f) Any person who violates this Section with regard to any other  amount of a controlled or counterfeit substance classified in  Schedule III is guilty of a Class 3 felony. The fine for violation of  this subsection (f) shall not be more than $125,000.(g) Any person who violates this Section with regard to any other  amount of a controlled or counterfeit substance classified  in Schedule IV is guilty of a Class 3 felony. The fine for violation of  this subsection (g) shall not be more than $100,000.(h) Any person who violates this Section with regard to any other  amount of a controlled or counterfeit substance classified in  Schedule V is guilty of a Class 3 felony. The fine for violation of this  subsection (h) shall not be more than $75,000.(i) This Section does not apply to the manufacture, possession or  distribution of a substance in conformance with the provisions of an approved  new drug application or an exemption for investigational use within the  meaning of Section 505 of the Federal Food, Drug and Cosmetic Act.(j) (Blank).  (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; 100-368, eff. 1-1-18.)