Bill Text: IL HB3210 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person knowingly and unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it is a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Provides that in addition to any other penalties imposed, not less than 6 years and not more than 30 years shall be imposed with respect to any amount of carfentanil or fentanyl, or any analog thereof, in excess of 150 milligrams that is stored or transmitted as a powder, blotter paper, tablet, patch, or spray. Provides that in addition to any other penalties imposed, with respect to fentanyl, or an analog thereof, an additional sentence of 5 years shall be imposed if the fentanyl or analog thereof is in a form that resembles, or was mixed, granulated, absorbed, adsorbed, spray-dried, aerosolized as or onto, coated on in whole or in part, or solubilized with or into, a product, where the product or its packaging further has at least one of the following attributes: (1) a resemblance to the trade dress of a consumer food product, branded food product, or logo food product, or incorporates an actual or satirical version of a registered trademark, service mark, or copyright; (2) a bright color or coloring scheme; (3) the appearance of a cereal, candy, vitamin, gummy, or chewable product such as a gum or gelatin-based product; (4) a cartoon character imprint; or (5) incorporation into a separate product or package approved by the United States Food and Drug Administration, or approved by a regulatory agency for food or drug products in another country, if the addition of fentanyl, carfentanil, or any analog thereof, would render the approved product an adulterated product under the standards of the Federal Food, Drug, and Cosmetic Act, or any law of this State or administrative rule. Defines "electronic communication device".

Spectrum: Moderate Partisan Bill (Republican 13-2)

Status: (Introduced) 2024-02-23 - Added Co-Sponsor Rep. Amy Elik [HB3210 Detail]

Download: Illinois-2023-HB3210-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3210 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person knowingly and unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it is a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Provides that in addition to any other penalties imposed, not less than 6 years and not more than 30 years shall be imposed with respect to any amount of carfentanil or fentanyl, or any analog thereof, in excess of 150 milligrams that is stored or transmitted as a powder, blotter paper, tablet, patch, or spray. Provides that in addition to any other penalties imposed, with respect to fentanyl, or an analog thereof, an additional sentence of 5 years shall be imposed if the fentanyl or analog thereof is in a form that resembles, or was mixed, granulated, absorbed, adsorbed, spray-dried, aerosolized as or onto, coated on in whole or in part, or solubilized with or into, a product, where the product or its packaging further has at least one of the following attributes: (1) a resemblance to the trade dress of a consumer food product, branded food product, or logo food product, or incorporates an actual or satirical version of a registered trademark, service mark, or copyright; (2) a bright color or coloring scheme; (3) the appearance of a cereal, candy, vitamin, gummy, or chewable product such as a gum or gelatin-based product; (4) a cartoon character imprint; or (5) incorporation into a separate product or package approved by the United States Food and Drug Administration, or approved by a regulatory agency for food or drug products in another country, if the addition of fentanyl, carfentanil, or any analog thereof, would render the approved product an adulterated product under the standards of the Federal Food, Drug, and Cosmetic Act, or any law of this State or administrative rule. Defines "electronic communication device".
LRB103 26188 RLC 52547 b
A BILL FOR
HB3210 LRB103 26188 RLC 52547 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 401 and 401.1 as follows:
(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

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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;

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(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

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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);

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(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

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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

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(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

HB3210 - 8 - LRB103 26188 RLC 52547 b
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

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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

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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

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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

HB3210 - 12 - LRB103 26188 RLC 52547 b
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

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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-1) In addition to any other penalties provided by law,
a person knowingly and unlawfully selling or dispensing any
scheduled drug containing a detectable amount of fentanyl is
guilty of a Class X felony and shall be sentenced to a term of
imprisonment of not less than 9 years and not more than 40
years or fined not more than $250,000, or both.
(d-2) In addition to any other penalties imposed under
this Section, not less than 6 years and not more than 30 years
shall be imposed with respect to any amount of carfentanil or
fentanyl, or any analog thereof, in excess of 150 milligrams
that is stored or transmitted as a powder, blotter paper,
tablet, patch, or spray.
(d-3) In addition to any other penalties imposed under
this Section, with respect to fentanyl, or an analog thereof,
an additional sentence of 5 years shall be imposed if the
fentanyl or analog thereof is in a form that resembles, or was

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mixed, granulated, absorbed, adsorbed, spray-dried,
aerosolized as or onto, coated on in whole or in part, or
solubilized with or into, a product, where the product or its
packaging further has at least one of the following
attributes:
(1) a resemblance to the trade dress of a consumer
food product, branded food product, or logo food product,
or incorporates an actual or satirical version of a
registered trademark, service mark, or copyright;
(2) a bright color or coloring scheme;
(3) the appearance of a cereal, candy, vitamin, gummy,
or chewable product such as a gum or gelatin-based
product;
(4) a cartoon character imprint; or
(5) incorporation into a separate product or package
approved by the United States Food and Drug
Administration, or approved by a regulatory agency for
food or drug products in another country, if the addition
of fentanyl, carfentanil, or any analog thereof, would
render the approved product an adulterated product under
the standards of the Federal Food, Drug, and Cosmetic Act,
or any law of this State or administrative rule.
(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

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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;

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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.

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(d) It shall be a Class 1 felony for which a fine not to
exceed $100,000 may be imposed for any person to knowingly use
an electronic communication device in the furtherance of
controlled substance trafficking involving a substance
containing any amount of fentanyl. This penalty shall be in
addition to any other penalties imposed by law. For purposes
of this subsection (d):
"Computer" has the meaning ascribed to it in Section
17-0.5 of the Criminal Code of 2012.
"Electronic communication device" means an electronic
device, including, but not limited to, a wireless telephone,
personal digital assistant, or a portable or mobile computer,
that is capable of transmitting images or pictures.
(Source: P.A. 94-556, eff. 9-11-05.)
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INDEX
Statutes amended in order of appearance
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1