SB0073 Enrolled LRB097 02906 RLC 42930 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Methamphetamine Precursor Tracking Act.
6		Section 5. Purposes. The purposes of this Act are to
7		establish a program to track purchases of targeted
8		methamphetamine precursors at covered pharmacies in Illinois;
9		to track purchases of targeted methamphetamine precursors for
10		the likely purpose of manufacturing methamphetamine; to starve
11		methamphetamine manufacturers of the methamphetamine
12		precursors they need to make methamphetamine; to locate and
13		shut down methamphetamine laboratories; and ultimately to
14		reduce the harm that methamphetamine manufacturing and
15		manufacturers are inflicting on individuals, families,
16		communities, first responders, the economy, and the
17		environment in Illinois and beyond.
18		Section 10. Definitions. In this Act:
19		"Administer" or "administration" has the meaning provided
20		in Section 102 of the Illinois Controlled Substances Act.
21		"Agent" has the meaning provided in Section 102 of the
22		Illinois Controlled Substances Act.

SB0073 Enrolled - 2 - LRB097 02906 RLC 42930 b
1		"Authorized representative" means an employee or agent of a
2		qualified outside entity who has been authorized in writing by
3		his or her agency or office to receive confidential information
4		from the central repository.
5		"Central Repository" means the entity chosen by the
6		Illinois State Police to handle electronic transaction records
7		as described in this Act.
8		"Convenience package" means any package that contains 360
9		milligrams or less of ephedrine or pseudoephedrine, their salts
10		or optical isomers, or salts of optical isomers in liquid or
11		liquid filled capsule form.
12		"Covered pharmacy" means any pharmacy that distributes any
13		amount of targeted methamphetamine precursor that is
14		physically located in Illinois.
15		"Deliver" has the meaning provided in Section 102 of the
16		Illinois Controlled Substances Act.
17		"Dispense" has the meaning provided in Section 102 of the
18		Illinois Controlled Substances Act.
19		"Distribute" has the meaning provided in Section 102 of the
20		Illinois Controlled Substances Act.
21		"Electronic transaction record" means, with respect to the
22		distribution of a targeted methamphetamine precursor by a
23		pharmacy to a recipient under Section 25 of the Methamphetamine
24		Precursor Control Act, an electronic record that includes: the
25		name and address of the recipient; date and time of the
26		transaction; brand and product name and total quantity

SB0073 Enrolled - 3 - LRB097 02906 RLC 42930 b
1		distributed of ephedrine or pseudoephedrine, their salts, or
2		optical isomers, or salts of optical isomers; identification
3		type and identification number of the identification presented
4		by the recipient; and the name and address of the pharmacy.
5		"Identification information" means identification type and
6		identification number.
7		"Identification number" means the number that appears on
8		the identification furnished by the recipient of a targeted
9		methamphetamine precursor.
10		"Identification type" means the type of identification
11		furnished by the recipient of a targeted methamphetamine
12		precursor such as, by way of example only, an Illinois driver's
13		license or United States passport.
14		"List I chemical" has the meaning provided in 21 U.S.C.
15		802.
16		"Methamphetamine precursor" has the meaning provided in
17		Section 10 of the Methamphetamine Control and Community
18		Protection Act.
19		"Package" means an item packaged and marked for retail sale
20		that is not designed to be further broken down or subdivided
21		for the purpose of retail sale.
22		"Pharmacist" has the meaning provided in Section 102 of the
23		Illinois Controlled Substances Act.
24		"Pharmacy" has the meaning provided in Section 102 of the
25		Illinois Controlled Substances Act.
26		"Practitioner" has the meaning provided in Section 102 of

SB0073 Enrolled - 4 - LRB097 02906 RLC 42930 b
1		the Illinois Controlled Substances Act.
2		"Prescriber" has the meaning provided in Section 102 of the
3		Illinois Controlled Substances Act.
4		"Prescription" has the meaning provided in Section 102 of
5		the Illinois Controlled Substances Act.
6		"Qualified outside entity" means a law enforcement agency
7		or prosecutor's office with authority to identify,
8		investigate, or prosecute violations of this Act or any other
9		State or federal law or rule involving a methamphetamine
10		precursor, methamphetamine, or any other controlled substance.
11		"Readily retrievable" has the meaning provided in 21 C.F.R.
12		part 1300.
13		"Recipient" means a person purchasing, receiving, or
14		otherwise acquiring a targeted methamphetamine precursor from
15		a pharmacy in Illinois, as described in Section 25 of the
16		Methamphetamine Precursor Control Act.
17		"Retail distributor" means a grocery store, general
18		merchandise store, drug store, other merchandise store, or
19		other entity or person whose activities as a distributor
20		relating to drug products containing targeted methamphetamine
21		precursor are limited exclusively or almost exclusively to
22		sales for personal use by an ultimate user, both in number of
23		sales and volume of sales, either directly to walk-in customers
24		or in face-to-face transactions by direct sales.
25		"Sales employee" means any employee or agent, other than a
26		pharmacist or pharmacy technician who at any time (1) operates

SB0073 Enrolled - 5 - LRB097 02906 RLC 42930 b
1		a cash register at which convenience packages may be sold, (2)
2		stocks shelves containing convenience packages, or (3) trains
3		or supervises any other employee or agent who engages in any of
4		the preceding activities.
5		"Single retail transaction" means a sale by a retail
6		distributor to a recipient at a specific time.
7		"Targeted methamphetamine precursor" means any compound,
8		mixture, or preparation that contains any detectable quantity
9		of ephedrine or pseudoephedrine, their salts or optical
10		isomers, or salts of optical isomers.
11		"Targeted package" means a package, including a
12		convenience package, containing any amount of targeted
13		methamphetamine precursor.
14		"Ultimate user" has the meaning provided in Section 102 of
15		the Illinois Controlled Substances Act.
16		Section 15. General provisions.
17		(a) Structure. There is established a statewide precursor
18		tracking program coordinated and administered by the Illinois
19		State Police to track purchases of targeted methamphetamine
20		precursors across multiple locations for the purposes stated in
21		Section 5 of this Act. Every covered pharmacy must comply with
22		this Act. The tracking program created by this Act shall be the
23		sole methamphetamine precursor tracking program in Illinois.
24		(b) Transmission of electronic transaction records. Unless
25		otherwise provided in this Act, each time a covered pharmacy

SB0073 Enrolled - 6 - LRB097 02906 RLC 42930 b
1		distributes a targeted methamphetamine precursor to a
2		recipient, the pharmacy shall transmit an electronic
3		transaction record to the Central Repository.
4		(c) Notification. The Illinois Department of Financial and
5		Professional Regulation shall notify pharmacies seeking
6		licensure in Illinois of their obligation to comply with the
7		requirements of this Act.
8		(d) Electronic transmission. Starting on the effective
9		date of this Act and continuing thereafter, covered pharmacies
10		shall transmit all electronic transaction records as required
11		by this Act.
12		(e) Funding. Funding for the tracking program shall be
13		provided by the Illinois State Police drawing upon federal and
14		State grant money and other available sources.
15		Section 20. Secure website.
16		(a) The Illinois State Police shall establish a secure
17		website for the transmission of electronic transaction records
18		and make it available free of charge to covered pharmacies.
19		(b) The secure website shall enable covered pharmacies to
20		transmit to the Central Repository an electronic transaction
21		record each time the pharmacy distributes a targeted
22		methamphetamine precursor to a recipient.
23		(c) If the secure website becomes unavailable to a covered
24		pharmacy, the covered pharmacy may, during the period in which
25		the secure website is not available, continue to distribute

SB0073 Enrolled - 7 - LRB097 02906 RLC 42930 b
1		targeted methamphetamine precursor without using the secure
2		website if, during this period, the covered pharmacy maintains
3		and transmits handwritten logs as described in Sections 20 and
4		25 of the Methamphetamine Precursor Control Act.
5		Section 25. Confidentiality of records.
6		(a) The Central Repository may delete each electronic
7		transaction record and handwritten log entry 48 months after
8		the date of the transaction it describes.
9		(b) The Illinois State Police and Central Repository shall
10		carry out a program to protect the confidentiality of
11		electronic transaction records created pursuant to this Act and
12		shall ensure that this information remains completely
13		confidential except as specifically provided in subsections
14		(c) through (f) of this Section.
15		(c) Any employee or agent of the Central Repository may
16		have access to electronic transaction records and handwritten
17		log entries solely for the purpose of receiving, processing,
18		storing or analyzing this information.
19		(d) The Illinois State Police may grant qualified outside
20		agencies access to electronic transaction records or
21		handwritten log entries for the purpose of identifying,
22		investigating, or prosecuting violations of this Act or any
23		other State or federal law or rule involving a methamphetamine
24		precursor, methamphetamine, or any other controlled substance.
25		(e) The Illinois State Police may release electronic

SB0073 Enrolled - 8 - LRB097 02906 RLC 42930 b
1		transaction records or handwritten log entries to the
2		authorized representative of a qualified outside entity only if
3		the Illinois State Police verifies that the entity receiving
4		electronic transaction records or handwritten log entries is a
5		qualified outside entity as defined in this Act and that
6		outside entity agrees or has previously agreed in writing that
7		it will use electronic transaction records and handwritten log
8		entries solely for the purpose of identifying, investigating,
9		or prosecuting violations of this Act or any other State or
10		federal law or rule involving a methamphetamine precursor,
11		methamphetamine, or any other controlled substance.
12		(f) The Illinois State Police may release to the recipient
13		any electronic transaction records clearly relating to that
14		recipient, upon sufficient proof of identity.
15		Section 30. Violations.
16		(a) Any covered pharmacy or retail distributor that
17		violates this Act is guilty of a petty offense and subject to a
18		fine of $500 for a first offense; $1,000 for a second offense
19		occurring at the same retail location as and within 3 years of
20		the offense; and $5,000 for a third or subsequent offense
21		occurring at the same retail location as and within 3 years of
22		the prior offenses.
23		(b) An employee or agent of a covered pharmacy who violates
24		this Act is guilty of a Class A misdemeanor for a first
25		offense; a Class 4 felony for a second offense; and a Class 1

SB0073 Enrolled - 9 - LRB097 02906 RLC 42930 b
1		felony for a third or subsequent offense.
2		Section 35. Immunity from civil liability. In the event
3		that any agent or employee of a covered pharmacy or retail
4		distributor reports to any law enforcement officer or agency
5		any suspicious activity concerning a targeted methamphetamine
6		precursor or other methamphetamine ingredient or ingredients,
7		the agent or employee and the pharmacy or retail distributor
8		itself are immune from civil liability based on allegations of
9		defamation, libel, slander, false arrest, or malicious
10		prosecution, or similar allegations, except in cases of willful
11		or wanton misconduct. A covered pharmacy that uses the
12		electronic sales tracking system in accordance with this Act is
13		immune from civil liability for any act or omission committed
14		in carrying out the duties required by this Section, unless the
15		act or omission was due to deliberate or willful and wanton
16		misconduct. A covered pharmacy is not liable for damages
17		resulting from a data breach that was proximately caused by a
18		failure on the part of the electronic sales tracking system.
19		Section 40. Preemption. The regulation of the tracking of
20		methamphetamine precursors is an exclusive power and function
21		of the State. A county or municipality, including a home rule
22		unit, may not regulate the tracking of methamphetamine
23		precursors. This Section is a denial and limitation of home
24		rule powers under subsection (h) of Section 6 of Article VII of

SB0073 Enrolled - 10 - LRB097 02906 RLC 42930 b
1		the Illinois Constitution.
2		Section 105. The Methamphetamine Precursor Control Act is
3		amended by changing Sections 10, 25, 40, and 55 as follows:
4		(720 ILCS 648/10)
5		Sec. 10. Definitions. In this Act:
6		"Administer" or "administration" has the meaning provided
7		in Section 102 of the Illinois Controlled Substances Act.
8		"Agent" has the meaning provided in Section 102 of the
9		Illinois Controlled Substances Act.
10		"Authorized representative" means an employee or agent of a
11		qualified outside entity who has been authorized in writing by
12		his or her agency or office to receive confidential information
13		from the Central Repository database associated with the
14		Williamson County Pilot Program or the Illinois State Police
15		Precursor Tracking Program.
16		"Central Repository" means the entity chosen by the
17		Illinois State Police Williamson County Pilot Program
18		Authority to handle electronic transaction records as
19		described in Sections 36, 37, 38, 39, and 39.5 of this Act or
20		the entity chosen by the Illinois State Police Precursor
21		Tracking Program to handle electronic transaction records as
22		described in Sections 39.6, 39.7, 39.8, and 39.8-5.
23		"Convenience package" means any package that contains 360
24		milligrams or less of ephedrine or pseudoephedrine, their salts

SB0073 Enrolled - 11 - LRB097 02906 RLC 42930 b
1		or optical isomers, or salts of optical isomers in liquid or
2		liquid-filled capsule form.
3		"Covered pharmacy" means any pharmacy that distributes any
4		amount of targeted methamphetamine precursor that is
5		physically located in Illinois.
6		"Covered pharmacy under the Franklin, Jackson, Johnson,
7		Saline, Union, or Williamson County Program" or "covered
8		pharmacy" means any pharmacy that distributes any amount of
9		targeted methamphetamine precursor and that is physically
10		located in any of the following Illinois counties: Franklin,
11		Jackson, Johnson, Saline, Union, or Williamson.
12		"Covered pharmacy under the Illinois State Police
13		Precursor Tracking Program" or "covered pharmacy" means any
14		pharmacy that distributes any amount of targeted
15		methamphetamine precursor and that is physically located in any
16		of the following Illinois counties: Adams, Madison, St. Clair,
17		or Vermilion.
18		"Deliver" has the meaning provided in Section 102 of the
19		Illinois Controlled Substances Act.
20		"Dispense" has the meaning provided in Section 102 of the
21		Illinois Controlled Substances Act.
22		"Distribute" has the meaning provided in Section 102 of the
23		Illinois Controlled Substances Act.
24		"Electronic transaction record" means, with respect to the
25		distribution of a targeted methamphetamine precursor by a
26		pharmacy to a recipient under Section 25 of this Act, an

SB0073 Enrolled - 12 - LRB097 02906 RLC 42930 b
1		electronic record that includes: the name and address of the
2		recipient; date and time of the transaction; brand and product
3		name and total quantity distributed of ephedrine or
4		pseudoephedrine, their salts, or optical isomers, or salts of
5		optical isomers; identification type and identification number
6		of the identification presented by the recipient; and the name
7		and address of the pharmacy.
8		"Identification information" means identification type and
9		identification number.
10		"Identification number" means the number that appears on
11		the identification furnished by the recipient of a targeted
12		methamphetamine precursor.
13		"Identification type" means the type of identification
14		furnished by the recipient of a targeted methamphetamine
15		precursor such as, by way of example only, an Illinois driver's
16		license or United States passport.
17		"Illinois State Police Precursor Tracking Program" or
18		"Pilot Program Authority" means the program described in
19		Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act.
20		"List I chemical" has the meaning provided in 21 U.S.C.
21		Section 802.
22		"Methamphetamine precursor" has the meaning provided in
23		Section 10 of the Methamphetamine Control and Community
24		Protection Act.
25		"Methamphetamine Precursor Violation Alert" means a notice
26		sent by the Pilot Program Authority to pharmacies, retail

SB0073 Enrolled - 13 - LRB097 02906 RLC 42930 b
1		distributors, or law enforcement authorities as described in
2		subsection (h) of Section 39.5 of this Act.
3		"Non-covered pharmacy" means any pharmacy that is not a
4		covered pharmacy.
5		"Package" means an item packaged and marked for retail sale
6		that is not designed to be further broken down or subdivided
7		for the purpose of retail sale.
8		"Pharmacist" has the meaning provided in Section 102 of the
9		Illinois Controlled Substances Act.
10		"Pharmacy" has the meaning provided in Section 102 of the
11		Illinois Controlled Substances Act.
12		"Practitioner" has the meaning provided in Section 102 of
13		the Illinois Controlled Substances Act.
14		"Prescriber" has the meaning provided in Section 102 of the
15		Illinois Controlled Substances Act.
16		"Prescription" has the meaning provided in Section 102 of
17		the Illinois Controlled Substances Act.
18		"Qualified outside entity" means a law enforcement agency
19		or prosecutor's office with authority to identify,
20		investigate, or prosecute violations of this Act or any other
21		State or federal law or rule involving a methamphetamine
22		precursor, methamphetamine, or any other controlled substance,
23		or a public entity that operates a methamphetamine precursor
24		tracking program similar in purpose to the Williamson County
25		Pilot Program or the Illinois State Police Precursor Tracking
26		Program.

SB0073 Enrolled - 14 - LRB097 02906 RLC 42930 b
1		"Readily retrievable" has the meaning provided in 21 C.F.R.
2		part 1300.
3		"Recipient" means a person purchasing, receiving, or
4		otherwise acquiring a targeted methamphetamine precursor from
5		a pharmacy in Illinois, as described in Section 25 of this Act.
6		"Reporting start date" means the date on which covered
7		pharmacies begin transmitting electronic transaction records
8		and exempt pharmacies begin sending handwritten logs, as
9		described in subsection (b) of Section 39 of this Act.
10		"Retail distributor" means a grocery store, general
11		merchandise store, drug store, other merchandise store, or
12		other entity or person whose activities as a distributor
13		relating to drug products containing targeted methamphetamine
14		precursor are limited exclusively or almost exclusively to
15		sales for personal use by an ultimate user, both in number of
16		sales and volume of sales, either directly to walk-in customers
17		or in face-to-face transactions by direct sales.
18		"Sales employee" means any employee or agent, other than a
19		pharmacist or pharmacy technician who at any time (a) operates
20		a cash register at which convenience packages may be sold, (b)
21		stocks shelves containing convenience packages, or (c) trains
22		or supervises any other employee or agent who engages in any of
23		the preceding activities.
24		"Single retail transaction" means a sale by a retail
25		distributor to a recipient at a specific time.
26		"Targeted methamphetamine precursor" means any compound,

SB0073 Enrolled - 15 - LRB097 02906 RLC 42930 b
1		mixture, or preparation that contains any detectable quantity
2		of ephedrine or pseudoephedrine, their salts or optical
3		isomers, or salts of optical isomers.
4		"Targeted package" means a package, including a
5		convenience package, containing any amount of targeted
6		methamphetamine precursor.
7		"Ultimate user" has the meaning provided in Section 102 of
8		the Illinois Controlled Substances Act.
9		"Williamson County Pilot Program" or "Pilot Program" means
10		the program described in Sections 36, 37, 38, 39, and 39.5 of
11		this Act.
12		"Williamson County Pilot Program Authority" or "Pilot
13		Program Authority" means the Williamson County Sheriff's
14		Office or its employees or agents.
15		"Voluntary participant" means any pharmacy that, although
16		not required by law to do so, participates in the Williamson
17		County Pilot Program.
18		(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
19		(720 ILCS 648/25)
20		Sec. 25. Pharmacies.
21		(a) No targeted methamphetamine precursor may be knowingly
22		distributed through a pharmacy, including a pharmacy located
23		within, owned by, operated by, or associated with a retail
24		distributor unless all terms of this Section are satisfied.
25		(b) Any targeted methamphetamine precursor other than a

SB0073 Enrolled - 16 - LRB097 02906 RLC 42930 b
1		convenience package or a liquid, including but not limited to
2		any targeted methamphetamine precursor in liquid-filled
3		capsules, shall: be packaged in blister packs, with each
4		blister containing not more than 2 dosage units, or when the
5		use of blister packs is technically infeasible, in unit dose
6		packets. Each targeted package shall contain no more than 3,000
7		milligrams of ephedrine or pseudoephedrine, their salts or
8		optical isomers, or salts of optical isomers.
9		(c) The targeted methamphetamine precursor shall be stored
10		behind the pharmacy counter and distributed by a pharmacist or
11		pharmacy technician licensed under the Pharmacy Practice Act,
12		or by an agent of the pharmacist or pharmacy technician.
13		(d) Any retail distributor operating a pharmacy, and any
14		pharmacist or pharmacy technician involved in the transaction
15		or transactions, shall ensure that any person purchasing,
16		receiving, or otherwise acquiring the targeted methamphetamine
17		precursor complies with subsection (a) of Section 20 of this
18		Act.
19		(e) Any retail distributor operating a pharmacy, and any
20		pharmacist or pharmacy technician involved in the transaction
21		or transactions, shall verify that:
22		(1) The person purchasing, receiving, or otherwise
23		acquiring the targeted methamphetamine precursor is 18
24		years of age or older and resembles the photograph of the
25		person on the government-issued identification presented
26		by the person; and

SB0073 Enrolled - 17 - LRB097 02906 RLC 42930 b
1		(2) The name entered into the log referred to in
2		subsection (a) of Section 20 of this Act corresponds to the
3		name on the government-issued identification presented by
4		the person.
5		(f) The logs referred to in subsection (a) of Section 20 of
6		this Act shall be kept confidential, maintained for not less
7		than 4 2 years, and made available for inspection and copying
8		by any law enforcement officer upon request of that officer.
9		These logs shall may be kept in an electronic format as
10		required by the Methamphetamine Precursor Tracking Act if they
11		include all the information specified in subsection (a) of
12		Section 20 of this Act in a manner that is readily retrievable
13		and reproducible in hard-copy format. Pharmacies covered by the
14		Williamson County Pilot Program described in Sections 36, 37,
15		38, 39, and 39.5 of this Act and pharmacies covered by the
16		Illinois State Police Precursor Tracking Program described in
17		Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act are required
18		to transmit electronic transaction records to the Pilot Program
19		Authority in the manner described in those Sections.
20		(g) No retail distributor operating a pharmacy, and no
21		pharmacist or pharmacy technician, shall knowingly distribute
22		any targeted methamphetamine precursor to any person under 18
23		years of age.
24		(h) No retail distributor operating a pharmacy, and no
25		pharmacist or pharmacy technician, shall knowingly distribute
26		to a single person more than 2 targeted packages in a single

SB0073 Enrolled - 18 - LRB097 02906 RLC 42930 b
1		retail transaction.
2		(i) No retail distributor operating a pharmacy, and no
3		pharmacist or pharmacy technician, shall knowingly distribute
4		to a single person in any 30-day period products containing
5		more than a total of 7,500 milligrams of ephedrine or
6		pseudoephedrine, their salts or optical isomers, or salts of
7		optical isomers.
8		(j) A pharmacist or pharmacy technician may distribute a
9		targeted methamphetamine precursor to a person who is without a
10		form of identification specified in paragraph (1) of subsection
11		(a) of Section 20 of this Act only if all other provisions of
12		this Act are followed and either:
13		(1) the person presents a driver's license issued
14		without a photograph by the State of Illinois pursuant to
15		the Illinois Administrative Code, Title 92, Section
16		1030.90(b)(1) or 1030.90(b)(2); or
17		(2) the person is known to the pharmacist or pharmacy
18		technician, the person presents some form of
19		identification, and the pharmacist or pharmacy technician
20		reasonably believes that the targeted methamphetamine
21		precursor will be used for a legitimate medical purpose and
22		not to manufacture methamphetamine.
23		(k) When a pharmacist or pharmacy technician distributes a
24		targeted methamphetamine precursor to a person according to the
25		procedures set forth in this Act, and the pharmacist or
26		pharmacy technician does not have access to a working cash

SB0073 Enrolled - 19 - LRB097 02906 RLC 42930 b
1		register at the pharmacy counter, the pharmacist or pharmacy
2		technician may instruct the person to pay for the targeted
3		methamphetamine precursor at a cash register located elsewhere
4		in the retail establishment, whether that register is operated
5		by a pharmacist, pharmacy technician, or other employee or
6		agent of the retail establishment.
7		(Source: P.A. 95-640, eff. 6-1-08; 95-689, eff. 10-29-07;
8		95-876, eff. 8-21-08; 96-50, eff. 10-21-09.)
9		(720 ILCS 648/40)
10		Sec. 40. Penalties.
11		(a) Violations of subsection (b) of Section 20 of this Act.
12		(1) Any person who knowingly purchases, receives, or
13		otherwise acquires, within any 30-day period, products
14		containing more than a total of 7,500 milligrams of
15		ephedrine or pseudoephedrine, their salts or optical
16		isomers, or salts of optical isomers in violation of
17		subsection (b) of Section 20 of this Act is subject to the
18		following penalties:
19		(A) More than 7,500 milligrams but less than 15,000
20		milligrams, Class B misdemeanor;
21		(B) 15,000 or more but less than 22,500 milligrams,
22		Class A misdemeanor;
23		(C) 22,500 or more but less than 30,000 milligrams,
24		Class 4 felony;
25		(D) 30,000 or more but less than 37,500 milligrams,

SB0073 Enrolled - 20 - LRB097 02906 RLC 42930 b
1		Class 3 felony;
2		(E) 37,500 or more but less than 45,000 milligrams,
3		Class 2 felony:
4		(F) 45,000 or more milligrams, Class 1 felony.
5		(2) Any person who knowingly purchases, receives, or
6		otherwise acquires, within any 30-day period, products
7		containing more than a total of 7,500 milligrams of
8		ephedrine or pseudoephedrine, their salts or optical
9		isomers, or salts of optical isomers in violation of
10		subsection (b) of Section 20 of this Act, and who has
11		previously been convicted of any methamphetamine-related
12		offense under any State or federal law, is subject to the
13		following penalties:
14		(A) More than 7,500 milligrams but less than 15,000
15		milligrams, Class A misdemeanor;
16		(B) 15,000 or more but less than 22,500 milligrams,
17		Class 4 felony;
18		(C) 22,500 or more but less than 30,000 milligrams,
19		Class 3 felony;
20		(D) 30,000 or more but less than 37,500 milligrams,
21		Class 2 felony;
22		(E) 37,500 or more milligrams, Class 1 felony.
23		(3) Any person who knowingly purchases, receives, or
24		otherwise acquires, within any 30-day period, products
25		containing more than a total of 7,500 milligrams of
26		ephedrine or pseudoephedrine, their salts or optical

SB0073 Enrolled - 21 - LRB097 02906 RLC 42930 b
1		isomers, or salts of optical isomers in violation of
2		subsection (b) of Section 20 of this Act, and who has
3		previously been convicted 2 or more times of any
4		methamphetamine-related offense under State or federal
5		law, is subject to the following penalties:
6		(A) More than 7,500 milligrams but less than 15,000
7		milligrams, Class 4 felony;
8		(B) 15,000 or more but less than 22,500 milligrams,
9		Class 3 felony;
10		(C) 22,500 or more but less than 30,000 milligrams,
11		Class 2 felony;
12		(D) 30,000 or more milligrams, Class 1 felony.
13		(b) Violations of Section 15, 20, 25, 30, or 35 of this
14		Act, other than violations of subsection (b) of Section 20 of
15		this Act.
16		(1) Any pharmacy or retail distributor that violates
17		Section 15, 20, 25, 30, or 35 of this Act, other than
18		subsection (b) of Section 20 of this Act, is guilty of a
19		petty offense and subject to a fine of $500 for a first
20		offense; and $1,000 for a second offense occurring at the
21		same retail location as and within 3 years of the prior
22		offense. A pharmacy or retail distributor that violates
23		this Act is guilty of a business offense and subject to a
24		fine of $5,000 for a third or subsequent offense occurring
25		at the same retail location as and within 3 years of the
26		prior offenses.

SB0073 Enrolled - 22 - LRB097 02906 RLC 42930 b
1		(2) An employee or agent of a pharmacy or retail
2		distributor who violates Section 15, 20, 25, 30, or 35 of
3		this Act, other than subsection (b) of Section 20 of this
4		Act, is guilty of a Class A misdemeanor for a first
5		offense, a Class 4 felony for a second offense, and a Class
6		1 felony for a third or subsequent offense.
7		(3) Any other person who violates Section 15, 20, 25,
8		30, or 35 of this Act, other than subsection (b) of Section
9		20 of this Act, is guilty of a Class B misdemeanor for a
10		first offense, a Class A misdemeanor for a second offense,
11		and a Class 4 felony for a third or subsequent offense.
12		(c) (Blank). Any pharmacy or retail distributor that
13		violates Section 36, 37, 38, 39, 39.5, 39.6, 39.7, 39.8, or
14		39.8-5 of this Act is guilty of a petty offense and subject to
15		a fine of $100 for a first offense, $250 for a second offense,
16		or $500 for a third or subsequent offense.
17		(d) (Blank). Any person that violates Section 39.5 or
18		39.8-5 of this Act is guilty of a Class B misdemeanor for a
19		first offense, a Class A misdemeanor for a second offense, and
20		a Class 4 felony for a third offense.
21		(e) Any person who, in order to acquire a targeted
22		methamphetamine precursor, knowingly uses or provides the
23		driver's license or government-issued identification of
24		another person, or who knowingly uses or provides a fictitious
25		or unlawfully altered driver's license or government-issued
26		identification, or who otherwise knowingly provides false

SB0073 Enrolled - 23 - LRB097 02906 RLC 42930 b
1		information, is guilty of a Class 4 felony for a first offense,
2		a Class 3 felony for a second offense, and a Class 2 felony for
3		a third or subsequent offense.
4		For purposes of this subsection (e), the terms "fictitious
5		driver's license", "unlawfully altered driver's license", and
6		"false information" have the meanings ascribed to them in
7		Section 6-301.1 of the Illinois Vehicle Code.
8		(Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876,
9		eff. 8-21-08; 96-50, eff. 10-21-09.)
10		(720 ILCS 648/55)
11		Sec. 55. Preemption and home rule powers. The regulation of
12		the sale of targeted methamphetamine precursors and targeted
13		packages are exclusive powers and functions of the State. A
14		county or municipality, including a home rule unit, may not
15		regulate the sale of targeted methamphetamine precursors and
16		targeted packages. This Section is a denial and limitation of
17		home rule powers under subsection (h) of Section 6 of Article
18		VII of the Illinois Constitution. (a) Except as provided in
19		subsection (b) of this Section and in Sections 36, 37, 38, 39,
20		39.5, 39.6, 39.7, 39.8, and 39.8-5 of this Act, a county or
21		municipality, including a home rule unit, may regulate the sale
22		of targeted methamphetamine precursor and targeted packages in
23		a manner that is not more or less restrictive than the
24		regulation by the State under this Act. This Section is a
25		limitation under subsection (i) of Section 6 of Article VII of

SB0073 Enrolled - 24 - LRB097 02906 RLC 42930 b
1		the Illinois Constitution on the concurrent exercise by home
2		rule units of the powers and functions exercised by the State.
3		(b) Any regulation of the sale of targeted methamphetamine
4		precursor and targeted packages by a home rule unit that took
5		effect on or before May 1, 2004, is exempt from the provisions
6		of subsection (a) of this Section.
7		(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
8		(720 ILCS 648/36 rep.)
9		(720 ILCS 648/37 rep.)
10		(720 ILCS 648/38 rep.)
11		(720 ILCS 648/39 rep.)
12		(720 ILCS 648/39.5 rep.)
13		(720 ILCS 648/39.6 rep.)
14		(720 ILCS 648/39.7 rep.)
15		(720 ILCS 648/39.8 rep.)
16		(720 ILCS 648/39.8-5 rep.)
17		(720 ILCS 648/45 rep.)
18		Section 110. The Methamphetamine Precursor Control Act is
19		amended by repealing Sections 36, 37, 38, 39, 39.5, 39.6, 39.7,
20		39.8, 39.8-5, and 45.
21		Section 999. Effective date. This Act takes effect upon
22		becoming law.