Chapter 720, CRIMINAL OFFENSES

(720 ILCS 570/406) (from Ch. 56 1/2, par. 1406) Sec. 406. (a) It is unlawful for any person: (1) who is subject to Article III knowingly to distribute or dispense a controlled substance in violation of Sections 308 through 314.5 of this Act; or (2) who is a registrant, to manufac…

(720 ILCS 570/406.1) (from Ch. 56 1/2, par. 1406.1) Sec. 406.1. (a) Any person who controls any building and who performs the following act commits the offense of permitting unlawful use of a building: Knowingly grants, permits or makes the building available for use for the purp…

(720 ILCS 570/406.2) Sec. 406.2. Unauthorized possession of prescription form. (a) A person commits the offense of unauthorized possession of prescription form when he or she knowingly: (1) alters a properly issued prescription form; (2) possesses without authorization a blank pr…

(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407) Sec. 407. (a)(1)(A) Any person 18 years of age or over who violates any subsection of Section 401 or subsection (b) of Section 404 by delivering a controlled, counterfeit or look-alike substance to a person under 18 years of age may…

(720 ILCS 570/407.1) (from Ch. 56 1/2, par. 1407.1) Sec. 407.1. Any person 18 years of age or over who violates any subsection of Section 401, Section 404 or Section 405 by using, engaging or employing a person under 18 years of age to deliver a controlled, counterfeit or look-al…

(720 ILCS 570/407.2) (from Ch. 56 1/2, par. 1407.2) Sec. 407.2. Delivery of a controlled substance to a pregnant woman. (a) Any person who violates subsection (a) of Section 401 of this Act by delivering a controlled substance to a woman he knows to be pregnant may be sentenced t…

(720 ILCS 570/408) (from Ch. 56 1/2, par. 1408) Sec. 408. (a) Any person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized, fined an amount up to twice that otherwise authorized…

(720 ILCS 570/409) (from Ch. 56 1/2, par. 1409) Sec. 409. Except for convictions or acquittals which are the basis for a charge of narcotics racketeering under Section 4 of the Narcotics Profit Forfeiture Act, a conviction or acquittal, under the laws of the United States or of a…

(720 ILCS 570/410) Sec. 410. (a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a co…

(720 ILCS 570/411) (from Ch. 56 1/2, par. 1411) Sec. 411. In determining the appropriate sentence for any conviction under this Act, the sentencing court may consider the following as indicative of the type of offenses which the legislature deems most damaging to the peace and we…

(720 ILCS 570/411.1) (from Ch. 56 1/2, par. 1411.1) Sec. 411.1. (a) Whenever any person pleads guilty to, is found guilty of or is placed on supervision for an offense under this Article, a fine may be levied in addition to any other penalty imposed by the court. (b) In determini…

(720 ILCS 570/411.2) Sec. 411.2. Drug Treatment Fund; drug treatment grants. The Department of Human Services may make grants to persons licensed under Section 15-10 of the Substance Use Disorder Act or to municipalities or counties from funds appropriated to the Department from …

(720 ILCS 570/412) (from Ch. 56 1/2, par. 1412) Sec. 412. Any penalty imposed for any violation of this Act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by this Act or any other law. (Source: P.A. 77-757.)

(720 ILCS 570/413) Sec. 413. (a) Twelve and one-half percent of all amounts collected as fines pursuant to the provisions of this Article shall be paid into the Drug Treatment Fund, to be used by the Department for the funding of programs and services for substance use disorder t…

(720 ILCS 570/414) Sec. 414. Overdose; limited immunity. (a) For the purposes of this Section, "overdose" means a controlled substance-induced physiological event that results in a life-threatening emergency to the individual who ingested, inhaled, injected or otherwise bodily ab…

(720 ILCS 570/415) Sec. 415. Use, possession, and consumption of a controlled substance related to sexual assault; limited immunity from prosecution. (a) In this Section: "Medical forensic services" has the meaning defined in Section 1a of the Sexual Assault Survivors Emergency T…

(720 ILCS 646/45) Sec. 45. Methamphetamine manufacturing waste. (a) It is unlawful to knowingly burn, place in a trash receptacle, or dispose of methamphetamine manufacturing waste, knowing that the waste was used in the manufacturing of methamphetamine. (b) A person who violates…

(720 ILCS 542/5) Sec. 5. Findings. The General Assembly finds the following: (1) Synthetic cathinones, currently a Schedule I controlled substance under State and federal law, are often labeled, marketed, and sold as various products: most notably, "bath salts", but also "plant f…

(720 ILCS 602/5) Sec. 5. Findings. The General Assembly finds the following: (1) Over 3 billion servings of ephedra are consumed by Americans each year. (2) Ephedra, or ma huang, has been associated with a wide range of severe adverse events, including death. (3) The U.S. Food an…

(720 ILCS 635/5) (from Ch. 38, par. 22-54) Sec. 5. Prescriptions. (a) As used in this Section, "prescriber" has the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act. (b) Except as provided under Section 2, a prescriber may direct a patient under his…

(720 ILCS 642/5) Sec. 5. Kratom sale to or possession by minors prohibited. (a) As used in this Act, "Kratom" means any parts of the plant Mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, including…

(720 ILCS 646/5) Sec. 5. Purpose. The purpose of this Act is to reduce the damage that the manufacture, distribution, and use of methamphetamine are inflicting on children, families, communities, businesses, the economy, and the environment in Illinois. The General Assembly recog…

(720 ILCS 150/5) (from Ch. 23, par. 2355) Sec. 5. Any person convicted under the provisions of the preceding sections, shall for the first offense be guilty of a Class A misdemeanor; and for a second or any subsequent offense shall be guilty of a Class 4 felony. (Source: P.A. 77-…

(720 ILCS 685/5) (from Ch. 23, par. 2358-5) Sec. 5. Penalty. (a) Any person who shall knowingly violate, or shall knowingly cause the violation of any provision of this Act other than subsection (a-5) or (b-5) of Section 4 shall be guilty of a Class C misdemeanor. (b) Any person …

(720 ILCS 678/5) Sec. 5. Unlawful shipment or transportation of cigarettes or electronic cigarettes. (a) It is unlawful for any person engaged in the business of selling cigarettes or electronic cigarettes to ship or cause to be shipped any cigarettes or electronic cigarettes unl…

(720 ILCS 677/5) Sec. 5. Definitions. In this Act: "Electronic cigarette" has the meaning ascribed to it in Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. "Alternative nicotine product" has the meanin…

(720 ILCS 649/5) Sec. 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 me…

(720 ILCS 648/5) Sec. 5. Purpose. The purpose of this Act is to reduce the harm that methamphetamine manufacturing and manufacturers are inflicting on individuals, families, communities, first responders (including, but not limited to, emergency medical dispatchers), the economy,…

(720 ILCS 600/5) (from Ch. 56 1/2, par. 2105) Sec. 5. (a) All drug paraphernalia is subject to forfeiture. (b) Property subject to forfeiture under this Act may be seized by any peace officer upon process issued by any court having jurisdiction over the property. Judgments in fav…

(720 ILCS 550/5) (from Ch. 56 1/2, par. 705) Sec. 5. Except as otherwise provided in the Cannabis Regulation and Tax Act, the Industrial Hemp Act, and the Illinois Hemp Act, it is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or man…

(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1) Sec. 5.1. Cannabis trafficking. (a) Except for purposes authorized by this Act, the Industrial Hemp Act, the Illinois Hemp Act, or the Cannabis Regulation and Tax Act, any person who knowingly brings or causes to be brought into th…

(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2) Sec. 5.2. Delivery of cannabis on school grounds. (a) Any person who violates subsection (e) of Section 5 in any school, on the real property comprising any school, or any conveyance owned, leased or contracted by a school to trans…

(720 ILCS 550/5.3) Sec. 5.3. Unlawful use of cannabis-based product manufacturing equipment. (a) A person commits unlawful use of cannabis-based product manufacturing equipment when he or she knowingly engages in the possession, procurement, transportation, storage, or delivery o…

(720 ILCS 648/50) Sec. 50. Scope of Act. (a) Nothing in this Act limits the scope, terms, or effect of the Methamphetamine Control and Community Protection Act. (b) Nothing in this Act limits the lawful authority granted by the Medical Practice Act of 1987, the Nurse Practice Act…

(720 ILCS 646/50) Sec. 50. Methamphetamine-related child endangerment. (a) Methamphetamine-related child endangerment. (1) It is unlawful to engage in methamphetamine-related child endangerment. A person engages in methamphetamine-related child endangerment when the person knowin…

(720 ILCS 570/501) (from Ch. 56 1/2, par. 1501) Sec. 501. (a) It is hereby made the duty of the Department of Financial and Professional Regulation and the Illinois State Police, and their agents, officers, and investigators, to enforce all provisions of this Act, except those sp…

(720 ILCS 570/501.1) (from Ch. 56 1/2, par. 1501.1) Sec. 501.1. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein, but shall apply only to the Department of Financial and Professional Regulation, as if all …

(720 ILCS 570/502) (from Ch. 56 1/2, par. 1502) Sec. 502. (a) Issuance and execution of administrative inspection warrants shall be as follows: (1) a judge of a circuit court upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting …

(720 ILCS 570/503) (from Ch. 56 1/2, par. 1503) Sec. 503. In addition to any other remedies, the Director or the Secretary of the Department of Financial and Professional Regulation is authorized to file a complaint and apply to any circuit court for, and such circuit court may u…

(720 ILCS 570/504) (from Ch. 56 1/2, par. 1504) Sec. 504. (a) The Director and the Secretary of the Department of Financial and Professional Regulation shall each cooperate with Federal agencies and other State agencies in discharging his or her responsibilities concerning traffi…

(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505) Sec. 505. (a) The following are subject to forfeiture: (1) (blank); (2) all raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, distributing, dispensing, administering or possess…

(720 ILCS 570/506) (from Ch. 56 1/2, par. 1506) Sec. 506. It is not necessary for the State to negate any exemption or exception in this Act in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this Act. The burden of pro…

(720 ILCS 570/507) (from Ch. 56 1/2, par. 1507) Sec. 507. All rulings, final determinations, findings, and conclusions of the Illinois State Police, the Department of Financial and Professional Regulation, and the Department of Human Services under this Act are final and conclusi…

(720 ILCS 570/507.1) (from Ch. 56 1/2, par. 1507.1) Sec. 507.1. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court proceedings under the Administrative Review Law, unless there is filed in the court…

(720 ILCS 570/507.2) Sec. 507.2. Rulemaking authority. The Department of Human Services is granted rulemaking authority concerning implementation, maintenance, and compliance with the Prescription Monitoring Program. (Source: P.A. 97-334, eff. 1-1-12.)

(720 ILCS 570/508) (from Ch. 56 1/2, par. 1508) Sec. 508. (a) The Department shall encourage research on controlled substances. In connection with the research, and in furtherance of the purposes of this Act, the Department may: (1) establish methods to assess accurately the effe…

(720 ILCS 570/509) (from Ch. 56 1/2, par. 1509) Sec. 509. Whenever any court in this State grants probation to any person that the court has reason to believe is or has a substance use disorder or unlawful possessor of controlled substances, the court shall require, as a conditio…

(720 ILCS 570/510) Sec. 510. Preservation of evidence for laboratory testing. (a) Before or after the trial in a prosecution for a violation of any Section of Article IV of this Act, a law enforcement agency or an agent acting on behalf of the law enforcement agency must preserve…

(720 ILCS 646/55) Sec. 55. Methamphetamine delivery. (a) Delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. (1) It is unlawful knowingly to engage in the delivery or possession with intent to deliver methamphetamine or a subst…

(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 …