Bill Text: IL HB3203 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Overdose Prevention and Harm Reduction Act. Provides that a pharmacist may sell fentanyl test strips over-the-counter to the public to test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Provides that a county health department may distribute fentanyl test strips at the county health department facility for no fee. Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0336 [HB3203 Detail]
Download: Illinois-2023-HB3203-Chaptered.html
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| Public Act 103-0336 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Overdose Prevention and Harm Reduction Act | ||||
is amended by adding Section 15 as follows:
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(410 ILCS 710/15 new) | ||||
Sec. 15. Fentanyl test strips. To further promote harm | ||||
reduction efforts, a pharmacist or retailer may sell fentanyl | ||||
test strips over-the-counter to the public to test for the | ||||
presence of fentanyl, a fentanyl analog, or a drug adulterant | ||||
within a controlled substance. A county health department may | ||||
distribute fentanyl test strips at the county health | ||||
department facility for no fee.
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Section 10. The Drug Paraphernalia Control Act is amended | ||||
by changing Section 2 as follows:
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(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
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Sec. 2. As used in this Act, unless the context otherwise | ||||
requires:
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(a) The term "cannabis" shall have the meaning ascribed to | ||||
it in Section
3 of the Cannabis Control Act, as if that | ||||
definition were incorporated
herein.
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(b) The term "controlled substance" shall have the meaning | ||
ascribed to
it in Section 102 of the Illinois Controlled | ||
Substances Act, as if that
definition were incorporated | ||
herein.
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(c) "Deliver" or "delivery" means the actual, constructive | ||
or attempted
transfer of possession, with or without | ||
consideration, whether or not there
is an agency relationship.
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(d) "Drug paraphernalia" means all equipment, products and | ||
materials of
any kind, other than methamphetamine | ||
manufacturing materials as defined in Section 10 of the | ||
Methamphetamine Control and Community Protection Act and | ||
cannabis paraphernalia as defined in Section 1-10 of the | ||
Cannabis Regulation and Tax Act, which are intended to be used | ||
unlawfully in planting, propagating,
cultivating, growing, | ||
harvesting, manufacturing, compounding,
converting, | ||
producing, processing, preparing, testing, analyzing, | ||
packaging,
repackaging, storing, containing, concealing, | ||
injecting, ingesting, inhaling
or otherwise introducing into | ||
the human body a controlled substance
in violation of the | ||
Illinois Controlled
Substances
Act or the Methamphetamine | ||
Control and Community Protection Act or a synthetic drug | ||
product or misbranded drug in violation of the Illinois Food, | ||
Drug and Cosmetic Act. It
includes, but is not limited to:
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(1) kits intended to be used unlawfully in | ||
manufacturing, compounding,
converting,
producing, | ||
processing or preparing a controlled substance;
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(2) isomerization devices intended to be used | ||
unlawfully in increasing
the potency of any species of | ||
plant which is a controlled
substance;
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(3) testing equipment intended to be used unlawfully | ||
in a private home for
identifying
or in analyzing the | ||
strength, effectiveness or purity of controlled
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substances;
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(4) diluents and adulterants intended to be used | ||
unlawfully for cutting
a controlled substance by private | ||
persons;
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(5) objects intended to be used unlawfully in | ||
ingesting, inhaling,
or otherwise introducing cocaine or a | ||
synthetic drug product or misbranded drug in violation of | ||
the Illinois Food, Drug and Cosmetic Act into
the human | ||
body including, where applicable, the following items:
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(A) water pipes;
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(B) carburetion tubes and devices;
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(C) smoking and carburetion masks;
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(D) miniature cocaine spoons and cocaine vials;
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(E) carburetor pipes;
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(F) electric pipes;
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(G) air-driven pipes;
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(H) chillums;
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(I) bongs;
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(J) ice pipes or chillers;
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(6) any item whose purpose, as announced or described | ||
by the seller, is
for use in violation of this Act.
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"Drug paraphernalia" does not include equipment, products, | ||
or materials to analyze or test for the presence of fentanyl, a | ||
fentanyl analogue, or a drug adulterant within a controlled | ||
substance. | ||
(Source: P.A. 101-593, eff. 12-4-19.)
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