Bill Text: IL HB5657 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Controlled Substances Act. Lists Kratom as a Schedule II controlled substance. Repeals the Kratom Control Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5657 Detail]

Download: Illinois-2019-HB5657-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5657

Introduced , by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:
720 ILCS 570/206 from Ch. 56 1/2, par. 1206
720 ILCS 642/Act rep.

Amends the Illinois Controlled Substances Act. Lists Kratom as a Schedule II controlled substance. Repeals the Kratom Control Act. Effective immediately.
LRB101 14435 RLC 63322 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB5657LRB101 14435 RLC 63322 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 206 as follows:
6 (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
7 Sec. 206. (a) The controlled substances listed in this
8Section are included in Schedule II.
9 (b) Unless specifically excepted or unless listed in
10another schedule, any of the following substances whether
11produced directly or indirectly by extraction from substances
12of vegetable origin, or independently by means of chemical
13synthesis, or by combination of extraction and chemical
14synthesis:
15 (1) Opium and opiates, and any salt, compound,
16 derivative or preparation of opium or opiate, excluding
17 apomorphine, dextrorphan, levopropoxyphene, nalbuphine,
18 nalmefene, naloxone, and naltrexone, and their respective
19 salts, but including the following:
20 (i) Raw Opium;
21 (ii) Opium extracts;
22 (iii) Opium fluid extracts;
23 (iv) Powdered opium;

HB5657- 2 -LRB101 14435 RLC 63322 b
1 (v) Granulated opium;
2 (vi) Tincture of opium;
3 (vii) Codeine;
4 (viii) Ethylmorphine;
5 (ix) Etorphine Hydrochloride;
6 (x) Hydrocodone;
7 (xi) Hydromorphone;
8 (xii) Metopon;
9 (xiii) Morphine;
10 (xiii.5) 6-Monoacetylmorphine;
11 (xiv) Oxycodone;
12 (xv) Oxymorphone;
13 (xv.5) Tapentadol;
14 (xvi) Thebaine;
15 (xvii) Thebaine-derived butorphanol.
16 (xviii) Methorphan, except drug products
17 containing dextromethorphan that may be dispensed
18 pursuant to a prescription order of a practitioner and
19 are sold in compliance with the safety and labeling
20 standards as set forth by the United States Food and
21 Drug Administration, or drug products containing
22 dextromethorphan that are sold in solid, tablet,
23 liquid, capsule, powder, thin film, or gel form and
24 which are formulated, packaged, and sold in dosages and
25 concentrations for use as an over-the-counter drug
26 product. For the purposes of this Section,

HB5657- 3 -LRB101 14435 RLC 63322 b
1 "over-the-counter drug product" means a drug that is
2 available to consumers without a prescription and sold
3 in compliance with the safety and labeling standards as
4 set forth by the United States Food and Drug
5 Administration.
6 (2) Any salt, compound, isomer, derivative or
7 preparation thereof which is chemically equivalent or
8 identical with any of the substances referred to in
9 subparagraph (1), but not including the isoquinoline
10 alkaloids of opium;
11 (3) Opium poppy and poppy straw;
12 (4) Coca leaves and any salt, compound, isomer, salt of
13 an isomer, derivative, or preparation of coca leaves
14 including cocaine or ecgonine, and any salt, compound,
15 isomer, derivative, or preparation thereof which is
16 chemically equivalent or identical with any of these
17 substances, but not including decocainized coca leaves or
18 extractions of coca leaves which do not contain cocaine or
19 ecgonine (for the purpose of this paragraph, the term
20 "isomer" includes optical, positional and geometric
21 isomers);
22 (5) Concentrate of poppy straw (the crude extract of
23 poppy straw in either liquid, solid or powder form which
24 contains the phenanthrine alkaloids of the opium poppy).
25 (c) Unless specifically excepted or unless listed in
26another schedule any of the following opiates, including their

HB5657- 4 -LRB101 14435 RLC 63322 b
1isomers, esters, ethers, salts, and salts of isomers, whenever
2the existence of these isomers, esters, ethers and salts is
3possible within the specific chemical designation, dextrorphan
4excepted:
5 (1) Alfentanil;
6 (1.1) Carfentanil;
7 (1.2) Thiafentanyl;
8 (2) Alphaprodine;
9 (3) Anileridine;
10 (4) Bezitramide;
11 (5) Bulk Dextropropoxyphene (non-dosage forms);
12 (6) Dihydrocodeine;
13 (7) Diphenoxylate;
14 (8) Fentanyl;
15 (9) Sufentanil;
16 (9.5) Remifentanil;
17 (10) Isomethadone;
18 (11) (Blank);
19 (12) Levorphanol (Levorphan);
20 (13) Metazocine;
21 (14) Methadone;
22 (15) Methadone-Intermediate,
23 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
24 (16) Moramide-Intermediate,
25 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
26 acid;

HB5657- 5 -LRB101 14435 RLC 63322 b
1 (17) Pethidine (meperidine);
2 (18) Pethidine-Intermediate-A,
3 4-cyano-1-methyl-4-phenylpiperidine;
4 (19) Pethidine-Intermediate-B,
5 ethyl-4-phenylpiperidine-4-carboxylate;
6 (20) Pethidine-Intermediate-C,
7 1-methyl-4-phenylpiperidine-4-carboxylic acid;
8 (21) Phenazocine;
9 (22) Piminodine;
10 (23) Racemethorphan;
11 (24) (Blank);
12 (25) Levo-alphacetylmethadol (some other names:
13 levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
14 (d) Unless specifically excepted or unless listed in
15another schedule, any material, compound, mixture, or
16preparation which contains any quantity of the following
17substances having a stimulant effect on the central nervous
18system:
19 (1) Amphetamine, its salts, optical isomers, and salts
20 of its optical isomers;
21 (2) Methamphetamine, its salts, isomers, and salts of
22 its isomers;
23 (3) Phenmetrazine and its salts;
24 (4) Methylphenidate;
25 (5) Lisdexamfetamine.
26 (e) Unless specifically excepted or unless listed in

HB5657- 6 -LRB101 14435 RLC 63322 b
1another schedule, any material, compound, mixture, or
2preparation which contains any quantity of the following
3substances having a depressant effect on the central nervous
4system, including its salts, isomers, and salts of isomers
5whenever the existence of such salts, isomers, and salts of
6isomers is possible within the specific chemical designation:
7 (1) Amobarbital;
8 (2) Secobarbital;
9 (3) Pentobarbital;
10 (4) Pentazocine;
11 (5) Phencyclidine;
12 (6) Gluthethimide;
13 (7) (Blank).
14 (f) Unless specifically excepted or unless listed in
15another schedule, any material, compound, mixture, or
16preparation which contains any quantity of the following
17substances:
18 (1) Immediate precursor to amphetamine and
19 methamphetamine:
20 (i) Phenylacetone
21 Some trade or other names: phenyl-2-propanone;
22 P2P; benzyl methyl ketone; methyl benzyl ketone.
23 (2) Immediate precursors to phencyclidine:
24 (i) 1-phenylcyclohexylamine;
25 (ii) 1-piperidinocyclohexanecarbonitrile (PCC).
26 (3) Nabilone.

HB5657- 7 -LRB101 14435 RLC 63322 b
1 (g) Unless specifically excepted or unless listed in
2another schedule, any part of the plant Mitragyna speciosa,
3whether growing or not, and any compound, manufacture, salt,
4derivative, mixture, or preparation of that plant, including,
5but not limited to, mitragynine and 7-hydroxymitragynine
6(commonly known as Kratom).
7(Source: P.A. 100-368, eff. 1-1-18.)
8 (720 ILCS 642/Act rep.)
9 Section 10. The Kratom Control Act is repealed.
10 Section 99. Effective date. This Act takes effect upon
11becoming law.
feedback