2023 Illinois Compiled Statutes › Chapter 720 - CRIMINAL OFFENSES › 720 ILCS 570/ - Illinois Controlled Substances Act. › Article IV

(720 ILCS 570/Art. IV heading)
ARTICLE IV
(720 ILCS 570/401) (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.)
(720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
Sec. 401.1. Controlled Substance Trafficking.
(a) Except for
purposes as authorized by this Act, any person who knowingly brings or
causes to be brought into this State for the purpose of manufacture or
delivery or with the intent to manufacture or deliver a controlled substance other than methamphetamine or
counterfeit substance in this or any other state or country is guilty
of controlled substance trafficking.
(b) A person convicted of controlled substance trafficking shall be
sentenced to a term of imprisonment not less than twice the minimum term
and fined an amount as authorized by Section 401 of this Act, based upon
the amount of controlled or counterfeit substance brought or caused to be
brought into this State, and not more than twice the maximum term of
imprisonment and fined twice the amount as authorized by Section 401 of
this Act, based upon the amount of controlled or counterfeit substance
brought or caused to be brought into this State.
(c) It shall be a Class 2 felony for which a fine not to exceed
$100,000 may be imposed for any person to knowingly use a cellular radio
telecommunication device in the furtherance of controlled substance
trafficking.  This penalty shall be in addition to any other penalties
imposed by law.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/401.5)
Sec. 401.5. Chemical breakdown of illicit controlled substance.
(a) It is unlawful for any person to manufacture a controlled substance
other than methamphetamine prohibited by this Act by chemically deriving the controlled substance from
one or more other controlled substances prohibited by this Act.
(a-5) It is unlawful for any person to possess any substance with the
intent to
use the substance to facilitate the manufacture of any controlled substance other than methamphetamine, any
 counterfeit
substance, or any
						controlled substance analog other than as authorized by this
Act.
(b) A violation of this Section is a Class 4 felony.
(c) (Blank).
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/402) (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.)
(720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
Sec. 404. 
		(a) For the purposes of this Section:
(1) "Advertise" means the attempt, by publication,     dissemination, solicitation or circulation, to induce directly or indirectly any person to acquire, or enter into an obligation to acquire, any substance within the scope of this Section.
(2) "Distribute" has the meaning ascribed to it in     subsection (s) of Section 102 of this Act but as relates to look-alike substances.
(3) "Manufacture" means the producing, preparing,     compounding, processing, encapsulating, packaging, repackaging, labeling or relabeling of a look-alike substance.
(b) It is unlawful for any person knowingly to manufacture, distribute,
advertise, or possess with intent to manufacture or distribute a look-alike
substance. Any person who violates this subsection (b) shall be guilty of
a Class 3 felony, the fine for which shall not exceed $150,000.
(c) It is unlawful for any person knowingly to possess a look-alike substance.
Any person who violates this subsection (c) is guilty of a petty offense.
Any person convicted of a subsequent offense under this subsection (c) shall
be guilty of a Class C misdemeanor.
(d) In any prosecution brought under this Section, it is not a defense
to a violation of this Section that the defendant believed the look-alike
substance actually to be a controlled substance.
(e) Nothing in this Section applies to:
(1) The manufacture, processing, packaging,     distribution or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.
(2) Persons acting in the course and legitimate scope     of their employment as law enforcement officers.
(3) The retention of production samples of     noncontrolled substances produced prior to the effective date of this amendatory Act of 1982, where such samples are required by federal law.
(f) Nothing in this Section or in this Act applies to the lawful manufacture,
processing, packaging, advertising or distribution of a drug or drugs by
any person registered pursuant to Section 510 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360).
(Source: P.A. 83-1362.)
(720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
Sec. 405. 
(a) Any person who engages in a calculated criminal drug
conspiracy, as defined in subsection (b), is guilty of a Class X felony.
The fine for violation of this Section shall not be more than $500,000, and
the offender shall be subject to the forfeitures prescribed in subsection
(c).
(b) For purposes of this section, a person engages in a calculated
criminal drug conspiracy when:
(1) he or she violates any of the provisions of     subsection (a) or (c) of Section 401 or subsection (a) of Section 402; and
(2) such violation is a part of a conspiracy     undertaken or carried on with two or more other persons; and
(3) he or she obtains anything of value greater than     $500 from, or organizes, directs or finances such violation or conspiracy.
(c) Any person who is convicted under this section of engaging in a
calculated criminal drug conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him or her in such     conspiracy; and
(2) any of his or her interests in, claims against,     receipts from, or property or rights of any kind affording a source of influence over, such conspiracy.
(d) The circuit court may enter such injunctions, restraining
orders, directions or prohibitions, or to take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
Sec. 405.1. (a) Elements of the offense. A person commits criminal
drug conspiracy when, with the intent that an offense set forth in Section
401, Section 402, or Section 407 of this Act
be committed, he or she agrees with another to the commission of that offense.  No
person may be convicted of conspiracy to commit such an offense unless an
act in furtherance of such agreement is alleged and proved to have been
committed by him or her or by a co-conspirator.
(b) Co-conspirators.  It shall not be a defense to conspiracy that the
person or persons with whom the accused is alleged to have conspired:
(1) Has not been prosecuted or convicted, or
(2) Has been convicted of a different offense, or
(3) Is not amenable to justice, or
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
(c) Sentence.  A person convicted of criminal drug conspiracy may be
fined or imprisoned or both, but any term of imprisonment imposed shall be
not less than the minimum nor more than the maximum
provided for the offense which is the object of the conspiracy.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/405.2)
Sec. 405.2. Streetgang criminal drug conspiracy.
(a) Any person who
engages in a streetgang criminal drug conspiracy, as
defined in this Section, is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment as follows:
(1) not less than 15 years and not more than 60 years     for a violation of subsection (a) of Section 401;
(2) not less than 10 years and not more than 30 years     for a violation of subsection (c) of Section 401.
For the purposes of this Section, a person engages in a streetgang
criminal drug conspiracy when:
(i) he or she violates any of the provisions of     subsection (a) or (c) of Section 401 of this Act or any provision of the Methamphetamine Control and Community Protection Act; and
(ii) such violation is part of a conspiracy     undertaken or carried out with 2 or more other persons; and
(iii) such conspiracy is in furtherance of the     activities of an organized gang as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act; and
(iv) he or she occupies a position of organizer, a     supervising person, or any other position of management with those persons identified in clause (ii) of this subsection (a).
The fine for a violation of this Section shall not be more than
$500,000, and the offender shall be subject to the
forfeitures prescribed in subsection (b).
(b) Subject to the provisions of Section 8 of the Drug Asset Forfeiture
Procedure Act, any person who is convicted under this Section of engaging in a
streetgang criminal drug conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him or her in such     conspiracy; and
(2) any of his or her interests in, claims against,     receipts from, or property or rights of any kind affording a source of influence over, such conspiracy.
(c) The circuit court may enter such injunctions, restraining
orders, directions or prohibitions, or may take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/405.3)
Sec. 405.3. (Repealed).
(Source: P.A. 93-596, eff. 8-26-03. Repealed by P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
Sec. 406. (a) It is unlawful for any person:
(1) who is subject to Article III knowingly to     distribute or dispense a controlled substance in violation of Sections 308 through 314.5 of this Act; or
(2) who is a registrant, to manufacture a controlled     substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person; or
(3) to refuse or fail to make, keep or furnish any     record, notification, order form, statement, invoice or information required under this Act; or
(4) to refuse an entry into any premises for any     inspection authorized by this Act; or
(5) knowingly to keep or maintain any store, shop,     warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by a person unlawfully possessing controlled substances, or which is used for possessing, manufacturing, dispensing or distributing controlled substances in violation of this Act.
Any person who violates this subsection (a) is guilty of a Class A
misdemeanor for the first offense and a Class 4 felony for each subsequent
offense. The fine for each subsequent offense shall not be more than
$100,000. In addition, any practitioner who is found guilty of violating
this subsection (a) is subject to suspension and revocation of his or her
professional license, in accordance with such procedures as are provided by
law for the taking of disciplinary action with regard to the license of
said practitioner's profession.
(b) It is unlawful for any person knowingly:
(1) to distribute, as a registrant, a controlled     substance classified in Schedule I or II, except pursuant to an order form as required by Section 307 of this Act; or
(2) to use, in the course of the manufacture or     distribution of a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person; or
(3) to acquire or obtain, or attempt to acquire or     obtain,  possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge; or
(3.1) to withhold information requested from a     practitioner, with the intent to obtain a controlled substance that has not been prescribed, by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact; or
(4) to furnish false or fraudulent material     information in, or omit any material information from, any application, report or other document required to be kept or filed under this Act, or any record required to be kept by this Act; or
(5) to make, distribute or possess any punch, die,     plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another, or any likeness of any of the foregoing, upon any controlled substance or container or labeling thereof so as to render the drug a counterfeit substance; or
(6) (blank); or
(7) (blank).
Any person who violates this subsection (b) is guilty of a Class 4 felony
for the first offense and a Class 3 felony for each subsequent offense.
The fine for the first offense shall be not more than $100,000.  The fine
for each subsequent offense shall not be more than $200,000.
(c) A person who knowingly or intentionally violates Section 316, 317, 318,
or 319 is guilty of a Class A misdemeanor.
(Source: P.A. 99-480, eff. 9-9-15.)
(720 ILCS 570/406.1) (from Ch. 56 1/2, par. 1406.1)
Sec. 406.1. (a) Any person who controls
any building and who performs the following act commits the offense
of permitting unlawful use of a building:
Knowingly grants, permits or makes the building available for use for the purpose of
unlawfully manufacturing or delivering a controlled substance other than methamphetamine.
(b) Permitting unlawful use of a building is a Class 4 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/406.2)
Sec. 406.2. Unauthorized possession of prescription form.
(a) A person commits the offense of unauthorized possession of prescription form when he or she knowingly:
(1) alters a properly issued prescription form;
(2)  possesses without authorization a blank     prescription form or counterfeit prescription form; or
(3) possesses a prescription form not issued by a     licensed prescriber.
(b)  Knowledge shall be determined by an evaluation of all circumstances surrounding possession of a blank prescription or possession of a prescription altered or not issued by a licensed prescriber.
(c) Sentence.  Any person who violates subsection (a) is guilty of a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense.  The fine for the first offense shall be not more than $100,000.  The fine for each subsequent offense shall not be more than $200,000.
(d)  For the purposes of this Section, "licensed prescriber" means a prescriber as defined in this Act or an optometrist licensed under the Illinois Optometric Practice Act of 1987.
(Source: P.A. 95-487, eff. 1-1-08.)
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a)(1)(A) Any person 18 years of age or over who violates any
subsection of Section 401 or subsection (b) of Section 404 by delivering a
controlled, counterfeit or look-alike substance to a person under 18 years
of age may be sentenced to imprisonment for a term up to twice the maximum
term and fined an amount up to twice that amount otherwise authorized by
the pertinent subsection of Section 401 and Subsection (b) of Section 404.
(B) (Blank).
(2) Except as provided in paragraph (3) of this subsection, any person
who violates:
(A) subsection (c) of Section 401 by delivering or     possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 1 felony, the fine for which shall not exceed $250,000;
(B) subsection (d) of Section 401 by delivering or     possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 2 felony, the fine for which shall not exceed $200,000;
(C) subsection (e) of Section 401 or subsection (b)     of Section 404 by delivering or possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $150,000;
(D) subsection (f) of Section 401 by delivering or     possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $125,000;
(E) subsection (g) of Section 401 by delivering or     possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $100,000;
(F) subsection (h) of Section 401 by delivering or     possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $75,000;
(3) Any person who violates paragraph (2) of this subsection (a) by
delivering or possessing with intent to deliver a controlled, counterfeit,
or look-alike substance in or on, or within 500 feet of a truck stop or a
safety rest area, following a prior conviction or convictions of paragraph
(2) of this subsection (a) may be sentenced to a term of imprisonment up to
2 times the maximum term and fined an amount up to 2 times the amount
otherwise authorized by Section 401.
(4) For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility     removed from the roadway with parking and facilities designed for motorists' rest, comfort, and information needs; and
(B) "Truck stop" means any facility (and its parking     areas) used to provide fuel or service, or both, to any commercial motor vehicle as defined in Section 18b-101 of the Illinois Vehicle Code.
(b) Any person who violates:
(1) subsection (c) of Section 401 in any school, on     or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are  reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500  feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class X felony, the fine for which shall not exceed $500,000;
(2) subsection (d) of Section 401 in any school, on     or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are  reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or  on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500  feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 1 felony, the fine for which shall not exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b)     of Section 404 in any school, on or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are  reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500  feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $200,000;
(4) subsection (f) of Section 401 in any school, on     or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of  18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are  reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship,  or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500  feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $150,000;
(5) subsection (g) of Section 401 in any school, on     or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of  18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are  reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500  feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $125,000;
(6) subsection (h) of Section 401 in any school, on     or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are  reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500  feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony,  the  fine  for which  shall not exceed $100,000.
(c) Regarding penalties prescribed in subsection
(b) for violations committed in a school or on or within 500
 feet of school property, the time of day and time of year at the time of the offense is irrelevant.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 570/407.1) (from Ch. 56 1/2, par. 1407.1)
Sec. 407.1. 
		
		Any person 18 years of age or over who violates any
subsection of Section 401, Section 404 or Section 405 by using, engaging or
employing a person under 18 years of age to deliver a controlled,
counterfeit or look-alike substance may be sentenced to imprisonment for a
term up to three times the maximum amount authorized by the
pertinent subsection
of Section 401, Section 404 or Section 405.
(Source: P.A. 91-297, eff. 1-1-00.)
(720 ILCS 570/407.2) (from Ch. 56 1/2, par. 1407.2)
Sec. 407.2. 
		Delivery of a controlled substance to a pregnant woman.
(a) Any person who violates subsection (a) of Section 401 of this Act by
delivering a controlled substance to a woman he knows to be pregnant may be
sentenced to imprisonment for a term twice the maximum amount authorized by
Section 401 of this Act.
(b) Any person who delivers an amount of a controlled substance set
forth in subsections (c) and (d) of Section 401 of this Act to a woman he
knows to be pregnant commits a Class 1 felony.  The fine for a violation of
this subsection (b) shall not be more than $250,000.
(Source: P.A. 86-1459; 87-754.)
(720 ILCS 570/408) (from Ch. 56 1/2, par. 1408)
Sec. 408. 

(a) Any person convicted of a second or subsequent offense under this
Act may be sentenced to imprisonment for a term up to twice the maximum
term otherwise authorized, fined an amount up to twice that otherwise
authorized, or both.
(b) For purposes of this Section, an offense is considered a second or
subsequent offense, if, prior to his or her conviction of the offense, the
offender has at any time been convicted under this Act or under any law of
the United States or of any State relating to controlled substances.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/409) (from Ch. 56 1/2, par. 1409)
Sec. 409. 
		
		Except for convictions or acquittals which are the basis for
a charge of narcotics racketeering under Section 4 of the Narcotics Profit
Forfeiture Act, a conviction or acquittal, under the laws of the United
States or of any State relating to controlled substances, for the same act
is a bar to prosecution in this State.
(Source: P.A. 87-466.)
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
Sec. 410. (a) Whenever any person who has not previously been convicted
of any felony offense under this
Act or any law of the United States or of any State relating to cannabis
or controlled substances, pleads guilty to or is found guilty of possession
of a controlled or counterfeit substance under subsection (c) of Section
402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such
person, may sentence him or her to probation.
(b) When a person is placed on probation, the court shall enter an order
specifying a period of probation of 24 months and shall defer further
proceedings in the case until the conclusion of the period or until the
filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not
violate any criminal statute of any jurisdiction; (2) refrain from
possessing a firearm or other dangerous weapon; (3) submit to periodic drug
testing at a time and in a manner as ordered by the court, but no less than 3
times during the period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours of community
service, provided community service is available in the jurisdiction and is
funded
and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require that the person:
(1) make a report to and appear in person before or     participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational     training;
(4) undergo medical or psychiatric treatment; or     treatment or rehabilitation approved by the Illinois Department of Human Services;
(5) attend or reside in a facility established for     the instruction or residence of defendants on probation;
(6) support his or her dependents;
(6-5) refrain from having in his or her body the     presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his or her parents or in a foster         home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home         or in a foster home.
(e) Upon violation of a term or condition of probation, the court
may enter a judgment on its original finding of guilt and proceed as
otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court
shall discharge the person and dismiss the proceedings against him or her.
(g) A disposition of probation is considered to be a conviction
for the purposes of imposing the conditions of probation and for appeal,
however, discharge and dismissal under this Section is not a conviction for
purposes of this Act or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Cannabis
Control Act, or the Methamphetamine Control and Community Protection Act within 5 years
subsequent to a discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the sentencing proceeding
for that conviction
as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act.  The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court.  If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
(720 ILCS 570/411) (from Ch. 56 1/2, par. 1411)
Sec. 411. In determining the appropriate sentence for any conviction
under this Act, the sentencing court may consider the following as
indicative of the type of offenses which the legislature deems most
damaging to the peace and welfare of the citizens of Illinois and which
warrants the most severe penalties:
(1) the unlawful delivery of the most highly toxic     controlled substances, as reflected by their inclusion in Schedule I or II of this Act;
(2) offenses involving unusually large quantities of     controlled substances, as measured by their wholesale value at the time of the offense;
(3) the unlawful delivery of controlled substances by     a non-user to a user of controlled substances;
(4) non-possessory offenses by persons who have no     other visible means of support;
(5) offenses involving the large-scale manufacture of     controlled substances;
(6) offenses which indicate any immediate involvement     whatsoever with organized crime in terms of the controlled substance's manufacture, importation, or volume distribution;
(7) the manufacture for, or the delivery of     controlled substances to persons 3 years or more junior to the person(s) convicted under this Act;
(8) the unlawful delivery of anabolic steroids by an     athletic trainer, coach, or health club personnel;
(9) the possession, delivery, or manufacture of     controlled substances or cannabis in the presence of a child under 17 years of age.
Nothing in this section shall be construed as limiting in any way the
discretion of the court to impose any sentence authorized by this Act.
(Source: P.A. 94-172, eff. 1-1-06.)
(720 ILCS 570/411.1) (from Ch. 56 1/2, par. 1411.1)
Sec. 411.1. 
		
		(a) Whenever any person pleads guilty to, is found guilty
of or is placed on supervision for an offense under this Article, a fine
may be levied in addition to any
other penalty imposed by the court.
(b) In determining whether to impose a fine under this Section and the
amount, time for payment, and method of payment of any fine so imposed, the court
shall:
(1) consider the defendant's income, regardless of     source, the defendant's earning capacity and the defendant's financial resources, as well as the nature of the burden the fine will impose on the defendant and any person legally or financially dependent upon the defendant;
(2) consider the proof received at trial, or as a     result of a plea of guilty, concerning the full street value of the controlled substances seized and any profits or other proceeds derived by the defendant from the violation of this Act;
(3) take into account any other pertinent equitable     considerations; and
(4) give primary consideration to the need to deprive     the defendant of illegally obtained profits or other proceeds from the offense.
For the purpose of paragraph (2) of this subsection, "street value" shall
be determined by the court on the basis of testimony of law enforcement
personnel and the defendant as to the amount seized and such testimony as
may be required by the court as to the current street value of the controlled
substances.
(c) As a condition of a fine, the court may require that payment be made
in specified installments or within a specified period of time, but such
period shall not be greater than the maximum applicable term of probation
or imprisonment, whichever is greater.  Unless otherwise specified, payment
of a fine shall be due immediately.
(d) If a fine for a violation of this Act is imposed on an organization,
it is the duty of each individual authorized to make disbursements of the
assets of the organization to pay the fine from assets of the organization.
(e) (1) A defendant who has been sentenced to pay a fine, and who has
paid part but not all of such fine, may petition the court for an extension
of the time for payment or modification of the method of payment.
(2) The court may grant a petition made pursuant to this subsection if it
finds that:
(i) the circumstances that warranted payment by the     time or method specified no longer exist; or
(ii) it is otherwise unjust to require payment of the     fine by the time or method specified.
(Source: P.A. 91-357, eff. 7-29-99.)
(720 ILCS 570/411.2)
Sec. 411.2. Drug Treatment Fund; drug treatment grants.
(a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) The Drug Treatment Fund is hereby established as a
special fund within the State Treasury.  The Department of Human Services may make grants to persons licensed under
Section 15-10 of
the Substance Use Disorder Act or to
municipalities
or counties from funds appropriated to the Department from the Drug
Treatment Fund for the treatment of pregnant women who are addicted to
alcohol, cannabis, or controlled substances and for the needed care of
minor, unemancipated children of women undergoing residential drug
treatment.  If the Department of Human Services grants funds
to a municipality or a county that the Department determines is not
experiencing a problem with pregnant women addicted to alcohol, cannabis, or
controlled substances, or with care for minor, unemancipated children of
women undergoing residential drug treatment, or intervention, the funds
shall be used for the treatment of any person addicted to alcohol, cannabis,
or controlled substances.  The Department may adopt such rules as it deems
appropriate for the administration of such grants.
(i) (Blank).
(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
(720 ILCS 570/411.3)
Sec. 411.3. (Repealed).
(Source: P.A. 93-297, eff. 1-1-04; 94-551, eff. 1-1-06. Repealed by P.A. 94-556, eff. 9-11-05.)
(720 ILCS 570/411.4)
Sec. 411.4. (Repealed).
(Source: P.A. 97-434, eff. 1-1-12. Repealed by P.A. 100-987, eff. 7-1-19.)
(720 ILCS 570/412) (from Ch. 56 1/2, par. 1412)
Sec. 412. 
		
		
		Any penalty imposed for any violation of this Act is in addition to, and
not in lieu of, any civil or administrative penalty or sanction otherwise
authorized by this Act or any other law.
(Source: P.A. 77-757.)
(720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
Sec. 413. (a) Twelve and one-half percent of all amounts collected
as fines pursuant to the provisions of this Article shall be paid into the
Youth Drug Abuse Prevention Fund, which is hereby created in the State
treasury, to be used by the Department for the funding of programs and
services for drug-abuse treatment, and prevention and education services,
for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of all fines received
under the provisions of this Article shall be transmitted to and deposited
in the treasurer's office at the level
of government as follows:
(1) If such seizure was made by a combination of law     enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government.  If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
(2) If such seizure was made by State law enforcement     personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
(3) If a State law enforcement agency in combination     with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating cannabis, methamphetamine, and other controlled
substances. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund, except that amounts distributed to the Secretary of
State shall be deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle Code. Monies
from this fund may be used by the Illinois 
State Police or use in the enforcement of laws regulating cannabis, methamphetamine, and other
controlled
substances; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; to defray costs and expenses
associated with returning violators of the Cannabis Control Act and this
Act only, as provided in those Acts, when punishment of the crime shall be
confinement of the criminal in the penitentiary; and all other monies shall
be paid into the general revenue fund in the State treasury.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/414)
Sec. 414. Overdose;  limited immunity.
(a) For the purposes of this Section, "overdose" means a controlled substance-induced physiological event that results in a life-threatening emergency to the individual who ingested, inhaled, injected or otherwise bodily absorbed a controlled, counterfeit, or look-alike substance or a controlled substance analog.
(b) A person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be arrested, charged, or prosecuted for a violation of Section 401 or 402 of the Illinois Controlled Substances Act, Section 3.5 of the Drug Paraphernalia Control Act, Section 55 or 60 of the Methamphetamine Control and Community Protection Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 of the Criminal Code of 2012 if evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is within the amount identified in subsection (d) of this Section. The violations listed in this subsection (b) must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, or conditional discharge, a person's pretrial release, or furlough, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose.
(c) A person who is experiencing an overdose shall not be arrested, charged, or prosecuted for a violation of Section 401 or 402 of the Illinois Controlled Substances Act, Section 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 of the Criminal Code of 2012 if evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is within the amount identified in subsection (d) of this Section. The violations listed in this subsection (c) must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, or conditional discharge, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose.
(d) For the purposes of subsections (b) and (c), the limited immunity shall only apply to a person possessing the following amount:
(1) less than 3 grams of a substance containing     heroin;
(2) less than 3 grams of a substance containing     cocaine;
(3) less than 3 grams of a substance containing     morphine;
(4) less than 40 grams of a substance containing     peyote;
(5) less than 40 grams of a substance containing a     derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
(6) less than 40 grams of a substance containing     amphetamine or any salt of an optical isomer of amphetamine;
(7) less than 3 grams of a substance containing     lysergic acid diethylamide (LSD), or an analog thereof;
(8) less than 6 grams of a substance containing     pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
(9) less than 6 grams of a substance containing     methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
(10) less than 6 grams of a substance containing     phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
(11) less than 6 grams of a substance containing     ketamine or any of the salts, isomers and salts of isomers of ketamine;
(12) less than 40 grams of a substance containing a     substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
(e) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual described in subsection (b) or (c) taking action to seek or obtain emergency medical assistance and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance.  Nothing in this Section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine or other controlled substances,  drug-induced homicide, or any other crime if the evidence of the violation is not acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose.
(Source: P.A. 102-4, eff. 4-27-21; 102-476, eff. 1-1-22.)
(720 ILCS 570/415)
Sec. 415. Use, possession, and consumption of a controlled substance related to sexual assault; limited immunity from prosecution.
(a) In this Section:
"Medical forensic services" has the meaning defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act.
"Sexual assault" means an act of sexual conduct or sexual penetration, defined in Section 11-0.1 of the Criminal Code of 2012, including, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.
(b) A person who is a victim of a sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog:
(1) if evidence for the Class 4 felony possession     charge was acquired as a result of the person reporting the sexual assault to law enforcement, or seeking or obtaining emergency medical assistance or medical forensic services; and
(2) provided the amount of substance recovered is     within the amount identified in subsection (d) of this Section.
(c) A person who, in good faith, reports to law enforcement the commission of a sexual assault against another person or seeks or obtains emergency medical assistance or medical forensic services for a victim of sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog:
(1) if evidence for the Class 4 felony possession     charge was acquired as a result of the person seeking or obtaining emergency medical assistance or medical forensic services; and
(2) provided the amount of substance recovered is     within the amount identified in subsection (d) of this Section.
(d) For the purposes of subsections (b) and (c) of this Section, the limited immunity shall only apply to a person possessing the following amount:
(1) less than 3 grams of a substance containing     heroin;
(2) less than 3 grams of a substance containing     cocaine;
(3) less than 3 grams of a substance containing     morphine;
(4) less than 40 grams of a substance containing     peyote;
(5) less than 40 grams of a substance containing a     derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
(6) less than 40 grams of a substance containing      amphetamine or any salt of an optical isomer of amphetamine;
(7) less than 3 grams of a substance containing     lysergic acid diethylamide (LSD), or an analog thereof;
(8) less than 6 grams of a substance containing     pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
(9) less than 6 grams of a substance containing     methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
(10) less than 6 grams of a substance containing     phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
(11) less than 6 grams of a substance containing     ketamine or any of the salts, isomers and salts of isomers of ketamine; or
(12) less than 40 grams of a substance containing a     substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection (d).
(e) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the person described in subsection (b) or (c) of this Section taking action to report a sexual assault to law enforcement or to seek or obtain emergency medical assistance or medical forensic services and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance or medical forensic services. Nothing in this Section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine, or other controlled substances, drug-induced homicide, or any other crime.
(Source: P.A. 100-1087, eff. 1-1-19.)