Bill Text: IL SB2353 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that notwithstanding any other provision of the Act to the contrary, including the scheduling of psilocybin as a Schedule I controlled substance, the Department of Financial and Professional Regulation shall authorize the distribution of, and make publicly available, psilocybin for medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin and other entheogens to treat mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress. Provides that the Department of Financial and Professional Regulation shall begin receiving applications for the registration of persons to perform the following: (1) manufacturing psilocybin products; (2) operating a service center; (3) facilitating psilocybin services; and (4) testing psilocybin products.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB2353 Detail]

Download: Illinois-2023-SB2353-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2353 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
720 ILCS 570/302 from Ch. 56 1/2, par. 1302
Amends the Illinois Controlled Substances Act. Provides that notwithstanding any other provision of the Act to the contrary, including the scheduling of psilocybin as a Schedule I controlled substance, the Department of Financial and Professional Regulation shall authorize the distribution of, and make publicly available, psilocybin for medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin and other entheogens to treat mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress. Provides that the Department of Financial and Professional Regulation shall begin receiving applications for the registration of persons to perform the following: (1) manufacturing psilocybin products; (2) operating a service center; (3) facilitating psilocybin services; and (4) testing psilocybin products.
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A BILL FOR
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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 Section 302 as follows:
(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
Sec. 302. (a) Every person who manufactures, distributes,
or dispenses any controlled substances; engages in chemical
analysis, research, or instructional activities which utilize
controlled substances; purchases, stores, or administers
euthanasia drugs, within this State; provides canine odor
detection services; proposes to engage in the manufacture,
distribution, or dispensing of any controlled substance;
proposes to engage in chemical analysis, research, or
instructional activities which utilize controlled substances;
proposes to engage in purchasing, storing, or administering
euthanasia drugs; or proposes to provide canine odor detection
services within this State, must obtain a registration issued
by the Department of Financial and Professional Regulation in
accordance with its rules. The rules shall include, but not be
limited to, setting the expiration date and renewal period for
each registration under this Act. The Department, any facility
or service licensed by the Department, and any veterinary

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hospital or clinic operated by a veterinarian or veterinarians
licensed under the Veterinary Medicine and Surgery Practice
Act of 2004 or maintained by a State-supported or publicly
funded university or college shall be exempt from the
regulation requirements of this Section; however, such
exemption shall not operate to bar the University of Illinois
from requesting, nor the Department of Financial and
Professional Regulation from issuing, a registration to the
University of Illinois Veterinary Teaching Hospital under this
Act. Neither a request for such registration nor the issuance
of such registration to the University of Illinois shall
operate to otherwise waive or modify the exemption provided in
this subsection (a).
(b) Persons registered by the Department of Financial and
Professional Regulation under this Act to manufacture,
distribute, or dispense controlled substances, engage in
chemical analysis, research, or instructional activities which
utilize controlled substances, purchase, store, or administer
euthanasia drugs, or provide canine odor detection services,
may possess, manufacture, distribute, engage in chemical
analysis, research, or instructional activities which utilize
controlled substances, dispense those substances, or purchase,
store, or administer euthanasia drugs, or provide canine odor
detection services to the extent authorized by their
registration and in conformity with the other provisions of
this Article.

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(b-5) Notwithstanding any other provision of this Act to
the contrary, including the scheduling of psilocybin as a
Schedule I controlled substance, the Department of Financial
and Professional Regulation shall authorize the distribution
of, and make publicly available, psilocybin for medical,
psychological, and scientific studies, research, and other
information relating to the safety and efficacy of psilocybin
and other entheogens to treat mental health conditions,
including, but not limited to, addiction, depression, anxiety
disorders, headache disorders, and end-of-life psychological
distress. The Department of Financial and Professional
Regulation shall begin receiving applications for the
registration of persons to perform the following:
(1) manufacturing psilocybin products;
(2) operating a service center;
(3) facilitating psilocybin services; and
(4) testing psilocybin products.
(c) The following persons need not register and may
lawfully possess controlled substances under this Act:
(1) an agent or employee of any registered
manufacturer, distributor, or dispenser of any controlled
substance if he or she is acting in the usual course of his
or her employer's lawful business or employment;
(2) a common or contract carrier or warehouseman, or
an agent or employee thereof, whose possession of any
controlled substance is in the usual lawful course of such

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business or employment;
(3) an ultimate user or a person in possession of a
controlled substance prescribed for the ultimate user
under a lawful prescription of a practitioner, including
an advanced practice registered nurse, practical nurse, or
registered nurse licensed under the Nurse Practice Act, or
a physician assistant licensed under the Physician
Assistant Practice Act of 1987, who provides hospice
services to a hospice patient or who provides home health
services to a person, or a person in possession of any
controlled substance pursuant to a lawful prescription of
a practitioner or in lawful possession of a Schedule V
substance. In this Section, "home health services" has the
meaning ascribed to it in the Home Health, Home Services,
and Home Nursing Agency Licensing Act; and "hospice
patient" and "hospice services" have the meanings ascribed
to them in the Hospice Program Licensing Act;
(4) officers and employees of this State or of the
United States while acting in the lawful course of their
official duties which requires possession of controlled
substances;
(5) a registered pharmacist who is employed in, or the
owner of, a pharmacy licensed under this Act and the
Federal Controlled Substances Act, at the licensed
location, or if he or she is acting in the usual course of
his or her lawful profession, business, or employment;

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(6) a holder of a temporary license issued under
Section 17 of the Medical Practice Act of 1987 practicing
within the scope of that license and in compliance with
the rules adopted under this Act. In addition to
possessing controlled substances, a temporary license
holder may order, administer, and prescribe controlled
substances when acting within the scope of his or her
license and in compliance with the rules adopted under
this Act.
(d) A separate registration is required at each place of
business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances,
or purchases, stores, or administers euthanasia drugs. Persons
are required to obtain a separate registration for each place
of business or professional practice where controlled
substances are located or stored. A separate registration is
not required for every location at which a controlled
substance may be prescribed.
(e) The Department of Financial and Professional
Regulation or the Illinois State Police may inspect the
controlled premises, as defined in Section 502 of this Act, of
a registrant or applicant for registration in accordance with
this Act and the rules promulgated hereunder and with regard
to persons licensed by the Department, in accordance with
subsection (bb) of Section 30-5 of the Substance Use Disorder
Act and the rules and regulations promulgated thereunder.

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(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15;
99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-759, eff.
1-1-19.)