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Public Act 097-0670
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SB0073 Enrolled | LRB097 02906 RLC 42930 b |
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AN ACT concerning criminal law.
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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 1. Short title. This Act may be cited as the |
Methamphetamine Precursor Tracking Act.
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Section 5. Purposes.
The purposes of this Act are to |
establish a program to track purchases of targeted |
methamphetamine precursors at covered pharmacies in Illinois; |
to track purchases of targeted methamphetamine precursors for |
the likely purpose of manufacturing methamphetamine; to starve |
methamphetamine manufacturers of the methamphetamine |
precursors they need to make methamphetamine; to locate and |
shut down methamphetamine laboratories; and ultimately to |
reduce the harm that methamphetamine manufacturing and |
manufacturers are inflicting on individuals, families, |
communities, first responders, the economy, and the |
environment in Illinois and beyond.
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Section 10. Definitions. In this Act: |
"Administer" or "administration" has the meaning provided |
in Section 102 of the Illinois Controlled Substances Act.
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"Agent" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act. |
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"Authorized representative" means an employee or agent of a |
qualified outside entity who has been authorized in writing by |
his or her agency or office to receive confidential information |
from the central repository. |
"Central Repository" means the entity chosen by the |
Illinois State Police to handle electronic transaction records |
as described in this Act. |
"Convenience package" means any package that contains 360 |
milligrams or less of ephedrine or pseudoephedrine, their salts |
or optical isomers, or salts of optical isomers in liquid or |
liquid filled capsule form. |
"Covered pharmacy" means any pharmacy that distributes any |
amount of targeted methamphetamine precursor that is |
physically located in Illinois.
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"Deliver" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act.
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"Dispense" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act.
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"Distribute" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act.
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"Electronic transaction record" means, with respect to the |
distribution of a targeted methamphetamine precursor by a |
pharmacy to a recipient under Section 25 of the Methamphetamine |
Precursor Control Act, an electronic record that includes: the |
name and address of the recipient; date and time of the |
transaction; brand and product name and total quantity |
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distributed of ephedrine or pseudoephedrine, their salts, or |
optical isomers, or salts of optical isomers; identification |
type and identification number of the identification presented |
by the recipient; and the name and address of the pharmacy.
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"Identification information" means identification type and |
identification number.
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"Identification number" means the number that appears on |
the identification furnished by the recipient of a targeted |
methamphetamine precursor.
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"Identification type" means the type of identification |
furnished by the recipient of a targeted methamphetamine |
precursor such as, by way of example only, an Illinois driver's |
license or United States passport.
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"List I chemical" has the meaning provided in 21 U.S.C. |
802.
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"Methamphetamine precursor" has the meaning provided in |
Section 10 of the Methamphetamine Control and Community |
Protection Act.
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"Package" means an item packaged and marked for retail sale |
that is not designed to be further broken down or subdivided |
for the purpose of retail sale.
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"Pharmacist" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act.
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"Pharmacy" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act.
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"Practitioner" has the meaning provided in Section 102 of |
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the Illinois Controlled Substances Act.
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"Prescriber" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act.
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"Prescription" has the meaning provided in Section 102 of |
the Illinois Controlled Substances Act.
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"Qualified outside entity" means a law enforcement agency |
or prosecutor's office with authority to identify, |
investigate, or prosecute violations of this Act or any other |
State or federal law or rule involving a methamphetamine |
precursor, methamphetamine, or any other controlled substance.
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"Readily retrievable" has the meaning provided in 21 C.F.R. |
part 1300.
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"Recipient" means a person purchasing, receiving, or |
otherwise acquiring a targeted methamphetamine precursor from |
a pharmacy in Illinois, as described in Section 25 of the |
Methamphetamine Precursor Control Act. |
"Retail distributor" means a grocery store, general |
merchandise store, drug store, other merchandise store, or |
other entity or person whose activities as a distributor |
relating to drug products containing targeted methamphetamine |
precursor are limited exclusively or almost exclusively to |
sales for personal use by an ultimate user, both in number of |
sales and volume of sales, either directly to walk-in customers |
or in face-to-face transactions by direct sales.
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"Sales employee" means any employee or agent, other than a |
pharmacist or pharmacy technician who at any time (1) operates |
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a cash register at which convenience packages may be sold, (2) |
stocks shelves containing convenience packages, or (3) trains |
or supervises any other employee or agent who engages in any of |
the preceding activities.
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"Single retail transaction" means a sale by a retail |
distributor to a recipient at a specific time.
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"Targeted methamphetamine precursor" means any compound, |
mixture, or preparation that contains any detectable quantity |
of ephedrine or pseudoephedrine, their salts or optical |
isomers, or salts of optical isomers.
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"Targeted package" means a package, including a |
convenience package, containing any amount of targeted |
methamphetamine precursor.
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"Ultimate user" has the meaning provided in Section 102 of |
the Illinois Controlled Substances Act.
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Section 15. General provisions.
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(a) Structure.
There is established a statewide precursor |
tracking program coordinated and administered by the Illinois |
State Police to track purchases of targeted methamphetamine |
precursors across multiple locations for the purposes stated in |
Section 5 of this Act.
Every covered pharmacy must comply with |
this Act.
The tracking program created by this Act shall be the |
sole methamphetamine precursor tracking program in Illinois.
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(b) Transmission of electronic transaction records.
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otherwise provided in this Act, each time a covered pharmacy |
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distributes a targeted methamphetamine precursor to a |
recipient, the pharmacy shall transmit an electronic |
transaction record to the Central Repository.
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(c) Notification. The Illinois Department of Financial and |
Professional Regulation shall notify pharmacies seeking |
licensure in Illinois of their obligation to comply with the |
requirements of this Act.
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(d) Electronic transmission. Starting on the effective |
date of this Act and continuing thereafter, covered pharmacies |
shall transmit all electronic transaction records as required |
by this Act.
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(e) Funding. Funding for the tracking program shall be |
provided by the Illinois State Police drawing upon federal and |
State grant money and other available sources.
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Section 20. Secure website.
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(a) The Illinois State Police shall establish a secure |
website for the transmission of electronic transaction records |
and make it available free of charge to covered pharmacies.
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(b) The secure website shall enable covered pharmacies to |
transmit to the Central Repository an electronic transaction |
record each time the pharmacy distributes a targeted |
methamphetamine precursor to a recipient.
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(c) If the secure website becomes unavailable to a covered |
pharmacy, the covered pharmacy may, during the period in which |
the secure website is not available, continue to distribute |
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targeted methamphetamine precursor without using the secure |
website if, during this period, the covered pharmacy maintains |
and transmits handwritten logs as described in Sections 20 and |
25 of the Methamphetamine Precursor Control Act.
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Section 25. Confidentiality of records.
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(a) The Central Repository may delete each electronic |
transaction record and handwritten log entry 48 months after |
the date of the transaction it describes.
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(b) The Illinois State Police and Central Repository shall |
carry out a program to protect the confidentiality of |
electronic transaction records created pursuant to this Act and |
shall ensure that this information remains completely |
confidential except as specifically provided in subsections |
(c) through (f) of this Section.
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(c) Any employee or agent of the Central Repository may |
have access to electronic transaction records and handwritten |
log entries solely for the purpose of receiving, processing, |
storing or analyzing this information.
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(d) The Illinois State Police may grant qualified outside |
agencies access to electronic transaction records or |
handwritten log entries for the purpose of identifying, |
investigating, or prosecuting violations of this Act or any |
other State or federal law or rule involving a methamphetamine |
precursor, methamphetamine, or any other controlled substance.
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(e) The Illinois State Police may release electronic |
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transaction records or handwritten log entries to the |
authorized representative of a qualified outside entity only if |
the Illinois State Police verifies that the entity receiving |
electronic transaction records or handwritten log entries is a |
qualified outside entity as defined in this Act and that |
outside entity agrees or has previously agreed in writing that |
it will use electronic transaction records and handwritten log |
entries solely for the purpose of identifying, investigating, |
or prosecuting violations of this Act or any other State or |
federal law or rule involving a methamphetamine precursor, |
methamphetamine, or any other controlled substance.
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(f) The Illinois State Police may release to the recipient |
any electronic transaction records clearly relating to that |
recipient, upon sufficient proof of identity.
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Section 30. Violations.
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(a) Any covered pharmacy or retail distributor that |
violates this Act is guilty of a petty offense and subject to a |
fine of $500 for a first offense; $1,000 for a second offense |
occurring at the same retail location as and within 3 years of |
the offense; and $5,000 for a third or subsequent offense |
occurring at the same retail location as and within 3 years of |
the prior offenses. |
(b) An employee or agent of a covered pharmacy who violates |
this Act is guilty of a Class A misdemeanor for a first |
offense; a Class 4 felony for a second offense; and a Class 1 |
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felony for a third or subsequent offense.
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Section 35. Immunity from civil liability. In the event |
that any agent or employee of a covered pharmacy or retail |
distributor reports to any law enforcement officer or agency |
any suspicious activity concerning a targeted methamphetamine |
precursor or other methamphetamine ingredient or ingredients, |
the agent or employee and the pharmacy or retail distributor |
itself are immune from civil liability based on allegations of |
defamation, libel, slander, false arrest, or malicious |
prosecution, or similar allegations, except in cases of willful |
or wanton misconduct. A covered pharmacy that uses the |
electronic sales tracking system in accordance with this Act is |
immune from civil liability for any act or omission committed |
in carrying out the duties required by this Section, unless the |
act or omission was due to deliberate or willful and wanton |
misconduct. A covered pharmacy is not liable for damages |
resulting from a data breach that was proximately caused by a |
failure on the part of the electronic sales tracking system.
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Section 40. Preemption. The regulation of the tracking of |
methamphetamine precursors is an exclusive power and function |
of the State. A county or municipality, including a home rule |
unit, may not regulate the tracking of methamphetamine |
precursors. This Section is a denial and limitation of home |
rule powers under subsection (h) of Section 6 of Article VII of |
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the Illinois Constitution.
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Section 105. The Methamphetamine Precursor Control Act is |
amended by changing Sections 10, 25, 40, and 55 as follows:
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(720 ILCS 648/10) |
Sec. 10. Definitions. In this Act: |
"Administer" or "administration" has the meaning provided |
in Section 102 of the Illinois Controlled Substances Act. |
"Agent" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act. |
"Authorized representative" means an employee or agent of a |
qualified outside entity who has been authorized in writing by |
his or her agency or office to receive confidential information |
from the Central Repository database associated with the |
Williamson County Pilot Program or the Illinois State Police |
Precursor Tracking Program . |
"Central Repository" means the entity chosen by the |
Illinois State Police Williamson County Pilot Program |
Authority to handle electronic transaction records as |
described in Sections 36, 37, 38, 39, and 39.5 of this Act or |
the entity chosen by the Illinois State Police Precursor |
Tracking Program to handle electronic transaction records as |
described in Sections 39.6, 39.7, 39.8, and 39.8-5 . |
"Convenience package" means any package that contains 360 |
milligrams or less of ephedrine or pseudoephedrine, their salts |
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or optical isomers, or salts of optical isomers in liquid or |
liquid-filled capsule form. |
"Covered pharmacy" means any pharmacy that distributes any |
amount of targeted methamphetamine precursor that is |
physically located in Illinois. |
"Covered pharmacy under the Franklin, Jackson, Johnson, |
Saline, Union, or Williamson County Program" or "covered |
pharmacy" means any pharmacy that distributes any amount of |
targeted methamphetamine precursor and that is physically |
located in any of the following Illinois counties: Franklin, |
Jackson, Johnson, Saline, Union, or Williamson. |
"Covered pharmacy under the Illinois State Police |
Precursor Tracking Program" or "covered pharmacy" means any |
pharmacy that distributes any amount of targeted |
methamphetamine precursor and that is physically located in any |
of the following Illinois counties: Adams, Madison, St. Clair, |
or Vermilion. |
"Deliver" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act. |
"Dispense" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act.
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"Distribute" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act. |
"Electronic transaction record" means, with respect to the |
distribution of a targeted methamphetamine precursor by a |
pharmacy to a recipient under Section 25 of this Act, an |
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electronic record that includes: the name and address of the |
recipient; date and time of the transaction; brand and product |
name and total quantity distributed of ephedrine or |
pseudoephedrine, their salts, or optical isomers, or salts of |
optical isomers; identification type and identification number |
of the identification presented by the recipient; and the name |
and address of the pharmacy. |
"Identification information" means identification type and |
identification number. |
"Identification number" means the number that appears on |
the identification furnished by the recipient of a targeted |
methamphetamine precursor. |
"Identification type" means the type of identification |
furnished by the recipient of a targeted methamphetamine |
precursor such as, by way of example only, an Illinois driver's |
license or United States passport. |
"Illinois State Police Precursor Tracking Program" or |
"Pilot Program Authority" means the program described in |
Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act. |
"List I chemical" has the meaning provided in 21 U.S.C. |
Section 802. |
"Methamphetamine precursor" has the meaning provided in |
Section 10 of the Methamphetamine Control and Community |
Protection Act. |
"Methamphetamine Precursor Violation Alert" means a notice |
sent by the Pilot Program Authority to pharmacies, retail |
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distributors, or law enforcement authorities as described in |
subsection (h) of Section 39.5 of this Act. |
"Non-covered pharmacy" means any pharmacy that is not a |
covered pharmacy. |
"Package" means an item packaged and marked for retail sale |
that is not designed to be further broken down or subdivided |
for the purpose of retail sale. |
"Pharmacist" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act.
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"Pharmacy" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act. |
"Practitioner" has the meaning provided in Section 102 of |
the Illinois Controlled Substances Act. |
"Prescriber" has the meaning provided in Section 102 of the |
Illinois Controlled Substances Act. |
"Prescription" has the meaning provided in Section 102 of |
the Illinois Controlled Substances Act. |
"Qualified outside entity" means a law enforcement agency |
or prosecutor's office with authority to identify, |
investigate, or prosecute violations of this Act or any other |
State or federal law or rule involving a methamphetamine |
precursor, methamphetamine, or any other controlled substance , |
or a public entity that operates a methamphetamine precursor |
tracking program similar in purpose to the Williamson County |
Pilot Program or the Illinois State Police Precursor Tracking |
Program . |
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"Readily retrievable" has the meaning provided in 21 C.F.R. |
part 1300. |
"Recipient" means a person purchasing, receiving, or |
otherwise acquiring a targeted methamphetamine precursor from |
a pharmacy in Illinois, as described in Section 25 of this Act. |
"Reporting start date" means the date on which covered |
pharmacies begin transmitting electronic transaction records |
and exempt pharmacies begin sending handwritten logs, as |
described in subsection (b) of Section 39 of this Act. |
"Retail distributor" means a grocery store, general |
merchandise store, drug store, other merchandise store, or |
other entity or person whose activities as a distributor |
relating to drug products containing targeted methamphetamine |
precursor are limited exclusively or almost exclusively to |
sales for personal use by an ultimate user, both in number of |
sales and volume of sales, either directly to walk-in customers |
or in face-to-face transactions by direct sales. |
"Sales employee" means any employee or agent, other than a |
pharmacist or pharmacy technician who at any time (a) operates |
a cash register at which convenience
packages may be sold, (b) |
stocks shelves containing convenience packages, or (c) trains |
or supervises any other employee or agent who engages in any of |
the preceding activities. |
"Single retail transaction" means a sale by a retail |
distributor to a recipient at a specific time. |
"Targeted methamphetamine precursor" means any compound, |
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mixture, or preparation that contains any detectable quantity |
of ephedrine or pseudoephedrine, their salts or optical |
isomers, or salts of optical isomers. |
"Targeted package" means a package, including a |
convenience package, containing any amount of targeted |
methamphetamine precursor. |
"Ultimate user" has the meaning provided in Section 102 of |
the Illinois Controlled Substances Act.
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"Williamson County Pilot Program" or "Pilot Program" means |
the program described in Sections 36, 37, 38, 39, and 39.5 of |
this Act. |
"Williamson County Pilot Program Authority" or "Pilot |
Program Authority" means the Williamson County Sheriff's |
Office or its employees or agents. |
"Voluntary participant" means any pharmacy that, although |
not required by law to do so, participates in the Williamson |
County Pilot Program. |
(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
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(720 ILCS 648/25) |
Sec. 25. Pharmacies. |
(a) No targeted methamphetamine precursor may be knowingly |
distributed through a pharmacy, including a pharmacy located |
within, owned by, operated by, or associated with a retail |
distributor unless all terms of this Section are satisfied. |
(b) Any targeted methamphetamine precursor other than a |
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convenience package or a liquid, including but not limited to |
any targeted methamphetamine precursor in liquid-filled |
capsules, shall: be packaged in blister packs, with each |
blister containing not more than 2 dosage units, or when the |
use of blister packs is technically infeasible, in unit dose |
packets. Each targeted package shall contain no more than 3,000 |
milligrams of ephedrine or pseudoephedrine, their salts or |
optical isomers, or salts of optical isomers.
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(c) The targeted methamphetamine precursor shall be stored |
behind the pharmacy counter and distributed by a pharmacist or |
pharmacy technician licensed under the Pharmacy Practice Act , |
or by an agent of the pharmacist or pharmacy technician . |
(d) Any retail distributor operating a pharmacy, and any |
pharmacist or pharmacy technician involved in the transaction |
or transactions, shall ensure that any person purchasing, |
receiving, or otherwise acquiring the targeted methamphetamine |
precursor complies with subsection (a) of Section 20 of this |
Act.
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(e) Any retail distributor operating a pharmacy, and any |
pharmacist or pharmacy technician involved in the transaction |
or transactions, shall verify that: |
(1) The person purchasing, receiving, or otherwise |
acquiring the targeted methamphetamine precursor is 18 |
years of age or older and resembles the photograph of the |
person on the government-issued identification presented |
by the person; and
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(2) The name entered into the log referred to in |
subsection (a) of Section 20 of this Act corresponds to the |
name on the government-issued identification presented by |
the person.
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(f) The logs referred to in subsection (a) of Section 20 of |
this Act shall be kept confidential, maintained for not less |
than 4 2 years, and made available for inspection and copying |
by any law enforcement officer upon request of that officer.
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These logs shall may be kept in an electronic format as |
required by the Methamphetamine Precursor Tracking Act if they |
include all the information specified in subsection (a) of |
Section 20 of this Act in a manner that is readily retrievable |
and reproducible in hard-copy format. Pharmacies covered by the |
Williamson County Pilot Program described in Sections 36, 37, |
38, 39, and 39.5 of this Act and pharmacies covered by the |
Illinois State Police Precursor Tracking Program described in |
Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act are required |
to transmit electronic transaction records to the Pilot Program |
Authority in the manner described in those Sections . |
(g) No retail distributor operating a pharmacy, and no |
pharmacist or pharmacy technician, shall knowingly distribute |
any targeted methamphetamine precursor to any person under 18 |
years of age. |
(h) No retail distributor operating a pharmacy, and no |
pharmacist or pharmacy technician, shall knowingly distribute |
to a single person more than 2 targeted packages in a single |
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retail transaction. |
(i) No retail distributor operating a pharmacy, and no |
pharmacist or pharmacy technician, shall knowingly distribute |
to a single person in any 30-day period products containing |
more than a total of 7,500 milligrams of ephedrine or |
pseudoephedrine, their salts or optical isomers, or salts of |
optical isomers.
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(j) A pharmacist or pharmacy technician may distribute a |
targeted methamphetamine precursor to a person who is without a |
form of identification specified in paragraph (1) of subsection |
(a) of Section 20 of this Act only if all other provisions of |
this Act are followed and either: |
(1) the person presents a driver's license issued |
without a photograph by the State of Illinois pursuant to |
the Illinois Administrative Code, Title 92, Section |
1030.90(b)(1) or 1030.90(b)(2); or |
(2) the person is known to the pharmacist or pharmacy |
technician, the person presents some form of |
identification, and the pharmacist or pharmacy technician |
reasonably believes that the targeted methamphetamine |
precursor will be used for a legitimate medical purpose and |
not to manufacture methamphetamine.
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(k) When a pharmacist or pharmacy technician distributes a |
targeted methamphetamine precursor to a person according to the |
procedures set forth in this Act, and the pharmacist or |
pharmacy technician does not have access to a working cash |
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register at the pharmacy counter, the pharmacist or pharmacy |
technician may instruct the person to pay for the targeted |
methamphetamine precursor at a cash register located elsewhere |
in the retail establishment, whether that register is operated |
by a pharmacist, pharmacy technician, or other employee or |
agent of the retail establishment.
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(Source: P.A. 95-640, eff. 6-1-08; 95-689, eff. 10-29-07; |
95-876, eff. 8-21-08; 96-50, eff. 10-21-09.)
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(720 ILCS 648/40)
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Sec. 40. Penalties. |
(a) Violations of subsection (b) of Section 20 of this Act. |
(1) Any person who knowingly purchases, receives, or |
otherwise acquires, within any 30-day period, products |
containing more than a total of 7,500 milligrams of |
ephedrine or pseudoephedrine, their salts or optical |
isomers, or salts of optical isomers in violation of |
subsection (b) of Section 20 of this Act is subject to the |
following penalties: |
(A) More than 7,500 milligrams but less than 15,000 |
milligrams, Class B misdemeanor; |
(B) 15,000 or more but less than 22,500 milligrams, |
Class A misdemeanor; |
(C) 22,500 or more but less than 30,000 milligrams, |
Class 4 felony; |
(D) 30,000 or more but less than 37,500 milligrams, |
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Class 3 felony; |
(E) 37,500 or more but less than 45,000 milligrams, |
Class 2 felony: |
(F) 45,000 or more milligrams, Class 1 felony. |
(2) Any person who knowingly purchases, receives, or |
otherwise acquires, within any 30-day period, products |
containing more than a total of 7,500 milligrams of |
ephedrine or pseudoephedrine, their salts or optical |
isomers, or salts of optical isomers in violation of |
subsection (b) of Section 20 of this Act, and who has |
previously been convicted of any methamphetamine-related |
offense under any State or federal law, is subject to the |
following penalties: |
(A) More than 7,500 milligrams but less than 15,000 |
milligrams, Class A misdemeanor; |
(B) 15,000 or more but less than 22,500 milligrams, |
Class 4 felony; |
(C) 22,500 or more but less than 30,000 milligrams, |
Class 3 felony; |
(D) 30,000 or more but less than 37,500 milligrams, |
Class 2 felony; |
(E) 37,500 or more milligrams, Class 1 felony. |
(3) Any person who knowingly purchases, receives, or |
otherwise acquires, within any 30-day period, products |
containing more than a total of 7,500 milligrams of |
ephedrine or pseudoephedrine, their salts or optical |
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isomers, or salts of optical isomers in violation of |
subsection (b) of Section 20 of this Act, and who has |
previously been convicted 2 or more times of any |
methamphetamine-related offense under State or federal |
law, is subject to the following penalties: |
(A) More than 7,500 milligrams but less than 15,000 |
milligrams, Class 4 felony; |
(B) 15,000 or more but less than 22,500 milligrams, |
Class 3 felony; |
(C) 22,500 or more but less than 30,000 milligrams, |
Class 2 felony; |
(D) 30,000 or more milligrams, Class 1 felony. |
(b) Violations of Section 15, 20, 25, 30, or 35 of this |
Act, other than violations of subsection (b) of Section 20 of |
this Act. |
(1) Any pharmacy or retail distributor that violates |
Section 15, 20, 25, 30, or 35 of this Act, other than |
subsection (b) of Section 20 of this Act, is guilty of a |
petty offense and subject to a fine of $500 for a first |
offense; and $1,000 for a second offense occurring at the |
same retail location as and within 3 years of the prior |
offense. A pharmacy or retail distributor that violates |
this Act is guilty of a business offense and subject to a |
fine of $5,000 for a third or subsequent offense occurring |
at the same retail location as and within 3 years of the |
prior offenses. |
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(2) An employee or agent of a pharmacy or retail |
distributor who violates Section 15, 20, 25, 30, or 35 of |
this Act, other than subsection (b) of Section 20 of this |
Act, is guilty of a Class A misdemeanor for a first |
offense, a Class 4 felony for a second offense, and a Class |
1 felony for a third or subsequent offense. |
(3) Any other person who violates Section 15, 20, 25, |
30, or 35 of this Act, other than subsection (b) of Section |
20 of this Act, is guilty of a Class B misdemeanor for a |
first offense, a Class A misdemeanor for a second offense, |
and a Class 4 felony for a third or subsequent offense. |
(c) (Blank). Any pharmacy or retail distributor that |
violates Section 36, 37, 38, 39, 39.5, 39.6, 39.7, 39.8, or |
39.8-5 of this Act is guilty of a petty offense and subject to |
a fine of $100 for a first offense, $250 for a second offense, |
or $500 for a third or subsequent offense. |
(d) (Blank). Any person that violates Section 39.5 or |
39.8-5 of this Act is guilty of a Class B misdemeanor for a |
first offense, a Class A misdemeanor for a second offense, and |
a Class 4 felony for a third offense. |
(e)
Any person who, in order to acquire a targeted |
methamphetamine precursor, knowingly uses or provides the |
driver's license or government-issued identification of |
another person, or who knowingly uses or provides a fictitious |
or unlawfully altered driver's license or government-issued |
identification, or who otherwise knowingly provides false |
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information, is guilty of a Class 4 felony for a first offense, |
a Class 3 felony for a second offense, and a Class 2 felony for |
a third or subsequent offense. |
For purposes of this subsection (e), the terms "fictitious |
driver's license", "unlawfully altered driver's license", and |
"false information" have the meanings ascribed to them in |
Section 6-301.1 of the Illinois Vehicle Code.
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(Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876, |
eff. 8-21-08; 96-50, eff. 10-21-09.)
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(720 ILCS 648/55) |
Sec. 55. Preemption and home rule powers. The regulation of |
the sale of targeted methamphetamine precursors and targeted |
packages are exclusive powers and functions of the State. A |
county or municipality, including a home rule unit, may not |
regulate the sale of targeted methamphetamine precursors and |
targeted packages. This Section is a denial and limitation of |
home rule powers under subsection (h) of Section 6 of Article |
VII of the Illinois Constitution. (a) Except as provided in |
subsection (b) of this Section and in Sections 36, 37, 38, 39, |
39.5, 39.6, 39.7, 39.8, and 39.8-5 of this Act, a county or |
municipality, including a home rule unit, may regulate the sale |
of targeted methamphetamine precursor and targeted packages in |
a manner that is not more or less restrictive than the |
regulation by the State under this Act. This Section is a |
limitation under subsection (i) of Section 6 of Article VII of |
|
the Illinois Constitution on the concurrent exercise by home |
rule units of the powers and functions exercised by the State. |
(b) Any regulation of the sale of targeted methamphetamine |
precursor and targeted packages by a home rule unit that took |
effect on or before May 1, 2004, is exempt from the provisions |
of subsection (a) of this Section.
|
(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
|
(720 ILCS 648/36 rep.) |
(720 ILCS 648/37 rep.) |
(720 ILCS 648/38 rep.) |
(720 ILCS 648/39 rep.) |
(720 ILCS 648/39.5 rep.) |
(720 ILCS 648/39.6 rep.) |
(720 ILCS 648/39.7 rep.) |
(720 ILCS 648/39.8 rep.) |
(720 ILCS 648/39.8-5 rep.) |
(720 ILCS 648/45 rep.) |
Section 110. The Methamphetamine Precursor Control Act is |
amended by repealing Sections 36, 37, 38, 39, 39.5, 39.6, 39.7, |
39.8, 39.8-5, and 45.
|
Section 999. Effective date. This Act takes effect upon |
becoming law.
|