(720 ILCS 646/10)
Sec. 10. Definitions. As used in this Act:
"Anhydrous ammonia" has the meaning provided in subsection (d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment" means all items used to store, hold, contain, handle, transfer, transport, or apply anhydrous ammonia for lawful purposes.
"Booby trap" means any device designed to cause physical injury when triggered by an act of a person approaching, entering, or moving through a structure, a vehicle, or any location where methamphetamine has been manufactured, is being manufactured, or is intended to be manufactured.
"Deliver" or "delivery" has the meaning provided in subsection (h) of Section 102 of the Illinois Controlled Substances Act.
"Director" means the Director of State Police or the Director's designated agents.
"Dispose" or "disposal" means to abandon, discharge, release, deposit, inject, dump, spill, leak, or place methamphetamine waste onto or into any land, water, or well of any type so that the waste has the potential to enter the environment, be emitted into the air, or be discharged into the soil or any waters, including groundwater.
"Emergency response" means the act of collecting evidence, securing a methamphetamine laboratory site, methamphetamine waste site or other methamphetamine‑related site and cleaning up the site, whether these actions are performed by public entities or private contractors paid by public entities.
"Emergency service provider" means a local, State, or federal peace officer, firefighter, emergency medical technician‑ambulance, emergency medical technician‑intermediate, emergency medical technician‑paramedic, ambulance driver, or other medical or first aid personnel rendering aid, or any agent or designee of the foregoing.
"Finished methamphetamine" means methamphetamine in a form commonly used for personal consumption.
"Firearm" has the meaning provided in Section 1.1 of the Firearm Owners Identification Card Act.
"Manufacture" means to produce, prepare, compound, convert, process, synthesize, concentrate, purify, separate, extract, or package any methamphetamine, methamphetamine precursor, methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, methamphetamine manufacturing solvent, or any substance containing any of the foregoing.
"Methamphetamine" means the chemical methamphetamine (a Schedule II controlled substance under the Illinois Controlled Substances Act) or any salt, optical isomer, salt of optical isomer, or analog thereof, with the exception of 3,4‑Methylenedioxymethamphetamine (MDMA) or any other scheduled substance with a separate listing under the Illinois Controlled Substances Act.
"Methamphetamine manufacturing catalyst" means any substance that has been used, is being used, or is intended to be used to activate, accelerate, extend, or improve a chemical reaction involved in the manufacture of methamphetamine.
"Methamphetamine manufacturing environment" means a structure or vehicle in which:
(1) methamphetamine is being or has been
| |
(2) chemicals that are being used, have been used, or |
| are intended to be used to manufacture methamphetamine are stored; | |
(3) methamphetamine manufacturing materials that have |
| been used to manufacture methamphetamine are stored; or | |
(4) methamphetamine manufacturing waste is stored. |
| |
"Methamphetamine manufacturing material" means any |
| methamphetamine precursor, substance containing any methamphetamine precursor, methamphetamine manufacturing catalyst, substance containing any methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, substance containing any methamphetamine manufacturing reagent, methamphetamine manufacturing solvent, substance containing any methamphetamine manufacturing solvent, or any other chemical, substance, ingredient, equipment, apparatus, or item that is being used, has been used, or is intended to be used in the manufacture of methamphetamine. | |
"Methamphetamine manufacturing reagent" means any |
| substance other than a methamphetamine manufacturing catalyst that has been used, is being used, or is intended to be used to react with and chemically alter any methamphetamine precursor. | |
"Methamphetamine manufacturing solvent" means any |
| substance that has been used, is being used, or is intended to be used as a medium in which any methamphetamine precursor, methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, or any substance containing any of the foregoing is dissolved, diluted, or washed during any part of the methamphetamine manufacturing process. | |
"Methamphetamine manufacturing waste" means any chemical, |
| substance, ingredient, equipment, apparatus, or item that is left over from, results from, or is produced by the process of manufacturing methamphetamine, other than finished methamphetamine. | |
"Methamphetamine precursor" means ephedrine, |
| pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, phenylacetone, phenyl‑2‑propanone, P2P, or any salt, optical isomer, or salt of an optical isomer of any of these chemicals. | |
"Multi‑unit dwelling" means a unified structure used or |
| intended for use as a habitation, home, or residence that contains 2 or more condominiums, apartments, hotel rooms, motel rooms, or other living units. | |
"Package" means an item marked for retail sale that is |
| not designed to be further broken down or subdivided for the purpose of retail sale. | |
"Participate" or "participation" in the manufacture of |
| methamphetamine means to produce, prepare, compound, convert, process, synthesize, concentrate, purify, separate, extract, or package any methamphetamine, methamphetamine precursor, methamphetamine manufacturing catalyst, methamphetamine manufacturing reagent, methamphetamine manufacturing solvent, or any substance containing any of the foregoing, or to assist in any of these actions, or to attempt to take any of these actions, regardless of whether this action or these actions result in the production of finished methamphetamine. | |
"Person with a disability" means a person who suffers |
| from a permanent physical or mental impairment resulting from disease, injury, functional disorder, or congenital condition which renders the person incapable of adequately providing for his or her own health and personal care. | |
"Procure" means to purchase, steal, gather, or otherwise |
| obtain, by legal or illegal means, or to cause another to take such action. | |
"Second or subsequent offense" means an offense under |
| this Act committed by an offender who previously committed an offense under this Act, the Illinois Controlled Substances Act, the Cannabis Control Act, or another Act of this State, another state, or the United States relating to methamphetamine, cannabis, or any other controlled substance. | |
"Standard dosage form", as used in relation to any |
| methamphetamine precursor, means that the methamphetamine precursor is contained in a pill, tablet, capsule, caplet, gel cap, or liquid cap that has been manufactured by a lawful entity and contains a standard quantity of methamphetamine precursor. | |
"Unauthorized container", as used in relation to |
| anhydrous ammonia, means any container that is not designed for the specific and sole purpose of holding, storing, transporting, or applying anhydrous ammonia. "Unauthorized container" includes, but is not limited to, any propane tank, fire extinguisher, oxygen cylinder, gasoline can, food or beverage cooler, or compressed gas cylinder used in dispensing fountain drinks. "Unauthorized container" does not encompass anhydrous ammonia manufacturing plants, refrigeration systems where anhydrous ammonia is used solely as a refrigerant, anhydrous ammonia transportation pipelines, anhydrous ammonia tankers, or anhydrous ammonia barges. | |
(Source: P.A. 94‑556, eff. 9‑11‑05.) |
(720 ILCS 646/15)
Sec. 15. Participation in methamphetamine manufacturing.
(a) Participation in methamphetamine manufacturing.
(1) It is unlawful to knowingly participate in the
| manufacture of methamphetamine with the intent that methamphetamine or a substance containing methamphetamine be produced. | |
(2) A person who violates paragraph (1) of this |
| subsection (a) is subject to the following penalties: | |
(A) A person who participates in the manufacture |
| of less than 15 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class 1 felony. | |
(B) A person who participates in the manufacture |
| of 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000 or the street value of the methamphetamine manufactured, whichever is greater. | |
(C) A person who participates in the manufacture |
| of 100 or more grams but less than 400 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 9 years and not more than 40 years, and subject to a fine not to exceed $200,000 or the street value of the methamphetamine manufactured, whichever is greater. | |
(D) A person who participates in the manufacture |
| of 400 or more grams but less than 900 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 12 years and not more than 50 years, and subject to a fine not to exceed $300,000 or the street value of the methamphetamine manufactured, whichever is greater. | |
(E) A person who participates in the manufacture |
| of 900 grams or more of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 15 years and not more than 60 years, and subject to a fine not to exceed $400,000 or the street value of the methamphetamine, whichever is greater. | |
(b) Aggravated participation in methamphetamine |
| |
(1) It is unlawful to engage in aggravated |
| participation in the manufacture of methamphetamine. A person engages in aggravated participation in the manufacture of methamphetamine when the person violates paragraph (1) of subsection (a) and: | |
(A) the person knowingly does so in a multi‑unit |
| |
(B) the person knowingly does so in a structure |
| or vehicle where a child under the age of 18, a person with a disability, or a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care resides, is present, or is endangered by the manufacture of methamphetamine; | |
(C) the person does so in a structure or vehicle |
| where a woman the person knows to be pregnant (including but not limited to the person herself) resides, is present, or is endangered by the methamphetamine manufacture; | |
(D) the person knowingly does so in a structure |
| or vehicle protected by one or more firearms, explosive devices, booby traps, alarm systems, surveillance systems, guard dogs, or dangerous animals; | |
(E) the methamphetamine manufacturing in which |
| the person participates is a contributing cause of the death, serious bodily injury, disability, or disfigurement of another person, including but not limited to an emergency service provider; | |
(F) the methamphetamine manufacturing in which |
| the person participates is a contributing cause of a fire or explosion that damages property belonging to another person; | |
(G) the person knowingly organizes, directs, or |
| finances the methamphetamine manufacturing or activities carried out in support of the methamphetamine manufacturing; or | |
(H) the methamphetamine manufacturing occurs |
| within 1,000 feet of a place of worship or parsonage. | |
(2) A person who violates paragraph (1) of this |
| subsection (b) is subject to the following penalties: | |
(A) A person who participates in the manufacture |
| of less than 15 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000 or the street value of the methamphetamine, whichever is greater. | |
(B) A person who participates in the manufacture |
| of 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 9 years and not more than 40 years, and subject to a fine not to exceed $200,000 or the street value of the methamphetamine, whichever is greater. | |
(C) A person who participates in the manufacture |
| of 100 or more grams but less than 400 grams of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 12 years and not more than 50 years, and subject to a fine not to exceed $300,000 or the street value of the methamphetamine, whichever is greater. | |
(D) A person who participates in the manufacture |
| of 400 grams or more of methamphetamine or a substance containing methamphetamine is guilty of a Class X felony, subject to a term of imprisonment of not less than 15 years and not more than 60 years, and subject to a fine not to exceed $400,000 or the street value of the methamphetamine, whichever is greater. | |
(Source: P.A. 94‑556, eff. 9‑11‑05; 94‑830, eff. 6‑5‑06; 95‑571, eff. 6‑1‑08.) |
(720 ILCS 646/20)
Sec. 20. Methamphetamine precursor.
(a) Methamphetamine precursor or substance containing any methamphetamine precursor in standard dosage form.
(1) It is unlawful to knowingly possess, procure,
| transport, store, or deliver any methamphetamine precursor or substance containing any methamphetamine precursor in standard dosage form with the intent that it be used to manufacture methamphetamine or a substance containing methamphetamine. | |
(2) A person who violates paragraph (1) of this |
| subsection (a) is subject to the following penalties: | |
(A) A person who possesses, procures, transports, |
| stores, or delivers less than 15 grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class 2 felony. | |
(B) A person who possesses, procures, transports, |
| stores, or delivers 15 or more grams but less than 30 grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class 1 felony. | |
(C) A person who possesses, procures, transports, |
| stores, or delivers 30 or more grams but less than 150 grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000. | |
(D) A person who possesses, procures, transports, |
| stores, or delivers 150 or more grams but less than 500 grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class X felony, subject to a term of imprisonment of not less than 8 years and not more than 40 years, and subject to a fine not to exceed $200,000. | |
(E) A person who possesses, procures, transports, |
| stores, or delivers 500 or more grams of methamphetamine precursor or substance containing any methamphetamine precursor is guilty of a Class X felony, subject to a term of imprisonment of not less than 10 years and not more than 50 years, and subject to a fine not to exceed $300,000. | |
(b) Methamphetamine precursor or substance containing any |
| methamphetamine precursor in any form other than a standard dosage form. | |
(1) It is unlawful to knowingly possess, procure, |
| transport, store, or deliver any methamphetamine precursor or substance containing any methamphetamine precursor in any form other than a standard dosage form with the intent that it be used to manufacture methamphetamine or a substance containing methamphetamine. | |
(2) A person who violates paragraph (1) of this |
| subsection (b) is subject to the following penalties: | |
(A) A person who violates paragraph (1) of this |
| subsection (b) with the intent that less than 10 grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class 2 felony. | |
(B) A person who violates paragraph (1) of this |
| subsection (b) with the intent that 10 or more grams but less than 20 grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class 1 felony. | |
(C) A person who violates paragraph (1) of this |
| subsection (b) with the intent that 20 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000. | |
(D) A person who violates paragraph (1) of this |
| subsection (b) with the intent that 100 or more grams but less than 350 grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class X felony, subject to a term of imprisonment of not less than 8 years and not more than 40 years, and subject to a fine not to exceed $200,000. | |
(E) A person who violates paragraph (1) of this |
| subsection (b) with the intent that 350 or more grams of methamphetamine or a substance containing methamphetamine be manufactured is guilty of a Class X felony, subject to a term of imprisonment of not less than 10 years and not more than 50 years, and subject to a fine not to exceed $300,000. | |
(c) Rule of evidence. The presence of any methamphetamine |
| precursor in a sealed, factory imprinted container, including, but not limited to, a bottle, box, package, or blister pack, at the time of seizure by law enforcement, is prima facie evidence that the methamphetamine precursor located within the container is in fact the material so described and in the amount listed on the container. The factory imprinted container is admissible for a violation of this Act for purposes of proving the contents of the container. | |
(Source: P.A. 94‑556, eff. 9‑11‑05; 94‑830, eff. 6‑5‑06.) |
(720 ILCS 646/25)
Sec. 25. Anhydrous ammonia.
(a) Possession, procurement, transportation, storage, or delivery of anhydrous ammonia with the intent that it be used to manufacture methamphetamine.
(1) It is unlawful to knowingly engage in the
| possession, procurement, transportation, storage, or delivery of anhydrous ammonia or to attempt to engage in any of these activities or to assist another in engaging in any of these activities with the intent that the anhydrous ammonia be used to manufacture methamphetamine. | |
(2) A person who violates paragraph (1) of this |
| subsection (a) is guilty of a Class 1 felony. | |
(b) Aggravated possession, procurement, transportation, |
| storage, or delivery of anhydrous ammonia with the intent that it be used to manufacture methamphetamine. | |
(1) It is unlawful to knowingly engage in the |
| aggravated possession, procurement, transportation, storage, or delivery of anhydrous ammonia with the intent that it be used to manufacture methamphetamine. A person commits this offense when the person engages in the possession, procurement, transportation, storage, or delivery of anhydrous ammonia or attempts to engage in any of these activities or assists another in engaging in any of these activities with the intent that the anhydrous ammonia be used to manufacture methamphetamine and: | |
(A) the person knowingly does so in a multi‑unit |
| |
(B) the person knowingly does so in a structure |
| or vehicle where a child under the age of 18, or a person with a disability, or a person who is 60 years of age or older who is incapable of adequately providing for his or her own health and personal care resides, is present, or is endangered by the anhydrous ammonia; | |
(C) the person's possession, procurement, |
| transportation, storage, or delivery of anhydrous ammonia is a contributing cause of the death, serious bodily injury, disability, or disfigurement of another person; or | |
(D) the person's possession, procurement, |
| transportation, storage, or delivery of anhydrous ammonia is a contributing cause of a fire or explosion that damages property belonging to another person. | |
(2) A person who violates paragraph (1) of this |
| subsection (b) is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000. | |
(c) Possession, procurement, transportation, storage, or |
| delivery of anhydrous ammonia in an unauthorized container. | |
(1) It is unlawful to knowingly possess, procure, |
| transport, store, or deliver anhydrous ammonia in an unauthorized container. | |
(1.5) It is unlawful to attempt to possess, procure, |
| transport, store, or deliver anhydrous ammonia in an unauthorized container. | |
(2) A person who violates paragraph (1) of this |
| subsection (c) is guilty of a Class 3 felony. A person who violates paragraph (1.5) of this subsection (c) is guilty of a Class 4 felony. | |
(3) Affirmative defense. It is an affirmative defense |
| that the person charged possessed, procured, transported, stored, or delivered anhydrous ammonia in a manner that substantially complied with the rules governing anhydrous ammonia equipment found in 8 Illinois Administrative Code Section 215, in 92 Illinois Administrative Code Sections 171 through 180, or in any provision of the Code of Federal Regulations incorporated by reference into these Sections of the Illinois Administrative Code. | |
(d) Tampering with anhydrous ammonia equipment.
(1) It is unlawful to knowingly tamper with anhydrous |
| ammonia equipment. A person tampers with anhydrous ammonia equipment when, without authorization from the lawful owner, the person: | |
(A) removes or attempts to remove anhydrous |
| ammonia from the anhydrous ammonia equipment used by the lawful owner; | |
(B) damages or attempts to damage the anhydrous |
| ammonia equipment used by the lawful owner; or | |
(C) vents or attempts to vent anhydrous ammonia |
| |
(2) A person who violates paragraph (1) of this |
| subsection (d) is guilty of a Class 3 felony. | |
(Source: P.A. 94‑556, eff. 9‑11‑05; 94‑830, eff. 6‑5‑06; 95‑690, eff. 1‑1‑08.) |