Bill Text: IL SB3640 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Schedules Xylazine as a Schedule III controlled substance. Provides for penalties for the knowing manufacture or delivery, or possession with intent to manufacture or deliver xylazine. Provides that, notwithstanding the scheduling of Xylazine as a Schedule III controlled substance, the prohibition on delivery or possession with intent to deliver Xylazine does not apply to licensed veterinarians who lawfully prescribe, dispense, administer, acquire, or use any controlled substance, including Xylazine, while acting in the course of their professional practice, in good faith, and in accordance with generally accepted medical standards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-09 - Referred to Assignments [SB3640 Detail]

Download: Illinois-2023-SB3640-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3640 Introduced 2/9/2024, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
720 ILCS 570/208 from Ch. 56 1/2, par. 1208
720 ILCS 570/309.1 new
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
Amends the Illinois Controlled Substances Act. Schedules Xylazine as a Schedule III controlled substance. Provides for penalties for the knowing manufacture or delivery, or possession with intent to manufacture or deliver xylazine. Provides that, notwithstanding the scheduling of Xylazine as a Schedule III controlled substance, the prohibition on delivery or possession with intent to deliver Xylazine does not apply to licensed veterinarians who lawfully prescribe, dispense, administer, acquire, or use any controlled substance, including Xylazine, while acting in the course of their professional practice, in good faith, and in accordance with generally accepted medical standards.
LRB103 37597 RLC 69548 b
A BILL FOR
SB3640 LRB103 37597 RLC 69548 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 208 and 401 and by adding Section
309.1 as follows:
(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
Sec. 208. (a) The controlled substances listed in this
Section are included in Schedule III.
(b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical
position, or geometric), and salts of such isomers whenever
the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation;
(1) Those compounds, mixtures, or preparations in
dosage unit form containing any stimulant substances
listed in Schedule II which compounds, mixtures, or
preparations were listed on August 25, 1971, as excepted
compounds under Title 21, Code of Federal Regulations,
Section 308.32, and any other drug of the quantitative

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composition shown in that list for those drugs or which is
the same except that it contains a lesser quantity of
controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital or any salt
thereof and one or more other active medicinal ingredients
which are not listed in any schedule;
(2) Any suppository dosage form containing
amobarbital, secobarbital, pentobarbital or any salt of
any of these drugs and approved by the Federal Food and
Drug Administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt thereof:
(3.1) Aprobarbital;
(3.2) Butabarbital (secbutabarbital);
(3.3) Butalbital;
(3.4) Butobarbital (butethal);

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(4) Chlorhexadol;
(5) Methyprylon;
(6) Sulfondiethylmethane;
(7) Sulfonethylmethane;
(8) Sulfonmethane;
(9) Lysergic acid;
(10) Lysergic acid amide;
(10.1) Tiletamine or zolazepam or both, or any salt of
either of them.
Some trade or other names for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names for Tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
(11) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine or
any of its salts, per 325 milligrams of aspirin;
(12) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine or
any of its salts, per 325 milligrams of acetaminophen;
(13) Any material, compound, mixture or preparation
containing not more than 50 milligrams of pentazocine or
any of its salts plus naloxone HCl USP 0.5 milligrams, per
dosage unit;

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(14) Ketamine;
(15) Thiopental; .
(16) Xylazine.
(d) Nalorphine.
(d.5) Buprenorphine.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the
free anhydrous base or alkaloid, as set forth below:
(1) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with an equal or greater quantity of an isoquinoline
alkaloid of opium;
(2) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with one or more active non-narcotic ingredients in
recognized therapeutic amounts;
(3) (blank);
(4) (blank);
(5) not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(6) not more than 300 milligrams of ethylmorphine per
100 milliliters or not more than 15 milligrams per dosage

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unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(7) not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(8) not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts.
(f) Anabolic steroids, except the following anabolic
steroids that are exempt:
(1) Androgyn L.A.;
(2) Andro-Estro 90-4;
(3) depANDROGYN;
(4) DEPO-T.E.;
(5) depTESTROGEN;
(6) Duomone;
(7) DURATESTRIN;
(8) DUO-SPAN II;
(9) Estratest;
(10) Estratest H.S.;
(11) PAN ESTRA TEST;
(12) Premarin with Methyltestosterone;
(13) TEST-ESTRO Cypionates;

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(14) Testosterone Cyp 50 Estradiol Cyp 2;
(15) Testosterone Cypionate-Estradiol Cypionate
injection; and
(16) Testosterone Enanthate-Estradiol Valerate
injection.
(g) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and
Drug Administration approved product. Some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
(-)-delta-9-(trans)-tetrahydrocannabinol.
(2) (Reserved).
(h) The Department may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsection (b) from the application of all
or any part of this Act if the compound, mixture, or
preparation contains one or more active medicinal ingredients
not having a stimulant or depressant effect on the central
nervous system, and if the admixtures are included therein in
combinations, quantity, proportion, or concentration that
vitiate the potential for abuse of the substances which have a
stimulant or depressant effect on the central nervous system.
(Source: P.A. 100-368, eff. 1-1-18.)
(720 ILCS 570/309.1 new)

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Sec. 309.1. Veterinarian; Xylazine. Notwithstanding the
scheduling of Xylazine as a Schedule III controlled substance,
the prohibition on delivery or possession with intent to
deliver Xylazine does not apply to licensed veterinarians who
lawfully prescribe, dispense, administer, acquire, or use any
controlled substance, including Xylazine, while acting in the
course of their professional practice, in good faith, and in
accordance with generally accepted medical standards.
(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

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Administration or, if approved, is not dispensed or possessed
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

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of a substance containing heroin, 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 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 xylazine, 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 xylazine, 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 xylazine, 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 xylazine, 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

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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
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

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amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (blank);
(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

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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
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

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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
(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),

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(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
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

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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
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

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court, and the maximum sentence for the offense shall be
increased by 3 years.
(c) Any person who violates this Section with regard to
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;
(2.5) 1 gram or more but less than 15 grams of any
substance containing xylazine, 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

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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
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;

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(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
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

SB3640 - 19 - LRB103 37597 RLC 69548 b
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
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 xylazine
or any salt or optical isomer of amphetamine or fentanyl or
xylazine, 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-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
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

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