(720 ILCS 648/15)
Sec. 15. Basic provisions.
(a) No targeted methamphetamine precursor shall be purchased, received, or otherwise acquired in any manner other than that described in Section 20 of this Act.
(b) No targeted methamphetamine precursor shall be knowingly administered, dispensed, or distributed for any purpose other than a medical purpose.
(c) No targeted methamphetamine precursor shall be knowingly administered, dispensed, or distributed for the purpose of violating or evading this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(d) No targeted methamphetamine precursor shall be administered, dispensed, or distributed with knowledge that it will be used to manufacture methamphetamine or with reckless disregard of its likely use to manufacture methamphetamine.
(e) No targeted methamphetamine precursor shall be administered, dispensed, or distributed except by:
(1) a pharmacist pursuant to the valid order of a
| |
(2) any other practitioner authorized to do so by |
| the Illinois Controlled Substances Act; | |
(3) a drug abuse treatment program, pursuant to |
| subsection (d) of Section 313 of the Illinois Controlled Substances Act; | |
(4) a pharmacy pursuant to Section 25 of this Act;
(5) a retail distributor pursuant to Sections 30 and |
| |
(6) a distributor authorized by the Drug Enforcement |
| Administration to distribute bulk quantities of a list I chemical under the federal Controlled Substances Act and corresponding regulations, or the employee or agent of such a distributor acting in the normal course of business. | |
(f) Notwithstanding any provision of this Act to the contrary, it is lawful for persons to provide small quantities of targeted methamphetamine precursors to immediate family or household members for legitimate medical purposes, and it is lawful for persons to receive small quantities of targeted methamphetamine precursors from immediate family or household members for legitimate medical purposes.
(Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.) |
(720 ILCS 648/20)
Sec. 20. Restrictions on purchase, receipt, or acquisition.
(a) Except as provided in subsection (e) of this Section, any person 18 years of age or older wishing to purchase, receive, or otherwise acquire a targeted methamphetamine precursor shall, prior to taking possession of the targeted methamphetamine precursor:
(1) provide a driver's license or other
| government‑issued identification showing the person's name, date of birth, and photograph; and | |
(2) sign a log documenting the name and address of |
| the person, date and time of the transaction, and brand and product name and total quantity distributed of ephedrine or pseudoephedrine, their salts, or optical isomers, or salts of optical isomers. | |
(b) Except as provided in subsection (e) of this Section, |
| no person shall knowingly purchase, receive, or otherwise acquire, within any 30‑day period products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers. | |
(c) Except as provided in subsections (d) and (e) of this Section, no person shall knowingly purchase, receive, or otherwise acquire more than 2 targeted packages in a single retail transaction.
(d) Except as provided in subsection (e) of this Section, no person shall knowingly purchase, receive, or otherwise acquire more than one convenience package from a retail location other than a pharmacy counter in a 24‑hour period.
(e) This Section shall not apply to any person who purchases, receives, or otherwise acquires a targeted methamphetamine precursor for the purpose of dispensing, distributing, or administering it in a lawful manner described in subsection (e) of Section 15 of this Act.
(Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.) |
(720 ILCS 648/25)
Sec. 25. Pharmacies.
(a) No targeted methamphetamine precursor may be knowingly distributed through a pharmacy, including a pharmacy located within, owned by, operated by, or associated with a retail distributor unless all terms of this Section are satisfied.
(b) Any targeted methamphetamine precursor other than a convenience package or a liquid, including but not limited to any targeted methamphetamine precursor in liquid‑filled capsules, shall: be packaged in blister packs, with each blister containing not more than 2 dosage units, or when the use of blister packs is technically infeasible, in unit dose packets. Each targeted package shall contain no more than 3,000 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.
(c) The targeted methamphetamine precursor shall be stored behind the pharmacy counter and distributed by a pharmacist or pharmacy technician licensed under the Pharmacy Practice Act.
(d) Any retail distributor operating a pharmacy, and any pharmacist or pharmacy technician involved in the transaction or transactions, shall ensure that any person purchasing, receiving, or otherwise acquiring the targeted methamphetamine precursor complies with subsection (a) of Section 20 of this Act.
(e) Any retail distributor operating a pharmacy, and any pharmacist or pharmacy technician involved in the transaction or transactions, shall verify that:
(1) The person purchasing, receiving, or otherwise
| acquiring the targeted methamphetamine precursor is 18 years of age or older and resembles the photograph of the person on the government‑issued identification presented by the person; and | |
(2) The name entered into the log referred to in |
| subsection (a) of Section 20 of this Act corresponds to the name on the government‑issued identification presented by the person. | |
(f) The logs referred to in subsection (a) of Section 20 of this Act shall be kept confidential, maintained for not less than 2 years, and made available for inspection and copying by any law enforcement officer upon request of that officer. These logs may be kept in an electronic format if they include all the information specified in subsection (a) of Section 20 of this Act in a manner that is readily retrievable and reproducible in hard‑copy format. Pharmacies covered by the Williamson County Pilot Program described in Sections 36, 37, 38, 39, and 39.5 of this Act and pharmacies covered by the Illinois State Police Precursor Tracking Program described in Sections 39.6, 39.7, 39.8, and 39.8‑5 of this Act are required to transmit electronic transaction records to the Pilot Program Authority in the manner described in those Sections.
(g) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute any targeted methamphetamine precursor to any person under 18 years of age.
(h) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute to a single person more than 2 targeted packages in a single retail transaction.
(i) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute to a single person in any 30‑day period products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.
(j) A pharmacist or pharmacy technician may distribute a targeted methamphetamine precursor to a person who is without a form of identification specified in paragraph (1) of subsection (a) of Section 20 of this Act only if all other provisions of this Act are followed and either:
(1) the person presents a driver's |
| license issued without a photograph by the State of Illinois pursuant to the Illinois Administrative Code, Title 92, Section 1030.90(b)(1) or 1030.90(b)(2); or | |
(2) the person is known to the |
| pharmacist or pharmacy technician, the person presents some form of identification, and the pharmacist or pharmacy technician reasonably believes that the targeted methamphetamine precursor will be used for a legitimate medical purpose and not to manufacture methamphetamine. | |
(k) When a pharmacist or pharmacy technician distributes a targeted methamphetamine precursor to a person according to the procedures set forth in this Act, and the pharmacist or pharmacy technician does not have access to a working cash register at the pharmacy counter, the pharmacist or pharmacy technician may instruct the person to pay for the targeted methamphetamine precursor at a cash register located elsewhere in the retail establishment, whether that register is operated by a pharmacist, pharmacy technician, or other employee or agent of the retail establishment.
(Source: P.A. 95‑640, eff. 6‑1‑08; 95‑689, eff. 10‑29‑07; 95‑876, eff. 8‑21‑08; 96‑50, eff. 10‑21‑09.) |
(720 ILCS 648/35)
Sec. 35. Retail distributors; training requirements.
(a) Every retail distributor of any targeted methamphetamine precursor shall train each sales employee on the topics listed on the certification form described in subsection (b) of this Section. This training may be conducted by a live trainer or by means of a computer‑based training program. This training shall be completed within 30 days of the effective date of this Act or within 30 days of the date that each sales employee begins working for the retail distributor, whichever of these 2 dates comes later.
(b) Immediately after training each sales employee as required in subsection (a) of this Section, every retail distributor of any targeted methamphetamine precursor shall have each sales employee read, sign, and date a certification containing the following language:
(1) My name is (insert name of employee) and I am an
| employee of (insert name of business) at (insert street address). | |
(2) I understand that in Illinois there are laws |
| governing the sale of certain over‑the‑counter medications that contain a chemical called ephedrine or a second chemical called pseudoephedrine. Medications that are subject to these laws are called "targeted methamphetamine precursors". | |
(3) I understand that "targeted methamphetamine |
| precursors" can be used to manufacture the illegal and dangerous drug methamphetamine and that methamphetamine is causing great harm to individuals, families, communities, the economy, and the environment throughout Illinois. | |
(4) I understand that under Illinois law, unless they |
| are at a pharmacy counter, customers can only purchase small "convenience packages" of "targeted methamphetamine precursors". | |
(5) I understand that under Illinois law, customers |
| can only purchase these "convenience packages" if they are 18 years of age or older, show identification, and sign a log according to procedures that have been described to me. | |
(6) I understand that under Illinois law, I cannot |
| sell more than one "convenience package" to a single customer in one 24‑hour period. | |
(7) I understand that under Illinois law, I cannot |
| sell "targeted methamphetamine precursors" to a person if I know that the person is going to use them to make methamphetamine. | |
(8) I understand that there are a number of |
| ingredients that are used to make the illegal drug methamphetamine, including "targeted methamphetamine precursors" sold in "convenience packages". My employer has shown me a list of these various ingredients, and I have reviewed the list. | |
(9) I understand that there are certain procedures |
| that I should follow if I suspect that a store customer is purchasing "targeted methamphetamine precursors" or other products for the purpose of manufacturing methamphetamine. These procedures have been described to me, and I understand them. | |
(c) A certification form of the type described in subsection (b) of this Section may be signed with a handwritten signature or an electronic signature that includes a unique identifier for each employee. The certification shall be retained by the retail distributor for each sales employee for the duration of his or her employment and for at least 30 days following the end of his or her employment. Any such form shall be made available for inspection and copying by any law enforcement officer upon request of that officer. These records may be kept in electronic format if they include all the information specified in this Section in a manner that is readily retrievable and reproducible in hard‑copy format.
(d) The Office of the Illinois Attorney General shall make available to retail distributors the list of methamphetamine ingredients referred to in subsection (b) of this Section.
(e) The training requirements set forth in this Section apply to the distribution of convenience packages away from pharmacy counters as set forth in Section 30 of this Act but do not apply to the distribution of targeted methamphetamine precursors through a pharmacy as set forth in Section 25 of this Act.
(Source: P.A. 94‑694, eff. 1‑15‑06; 94‑830, eff. 6‑5‑06.) |
(720 ILCS 648/36)
Sec. 36. Williamson County Pilot Program; general provisions.
(a) Purposes. The purposes of this Section are: to establish a pilot program based in Williamson County to track purchases of targeted methamphetamine precursors at multiple locations; to identify persons obtaining or distributing targeted methamphetamine precursors for the likely purpose of manufacturing methamphetamine; to starve methamphetamine manufacturers of the methamphetamine precursors they need to make methamphetamine; to locate and shut down methamphetamine laboratories; and ultimately to reduce the harm that methamphetamine manufacturing and manufacturers are inflicting on individuals, families, communities, first responders, the economy, and the environment in Illinois and beyond. In authorizing this pilot program, the General Assembly recognizes that, although this Act has significantly reduced the number of methamphetamine laboratories in Illinois, some persons continue to violate the Act, evade detection, and support the manufacture of methamphetamine by obtaining targeted methamphetamine precursor at multiple locations. The General Assembly further recognizes that putting an end to this practice and others like it will require an effort to track purchases of targeted methamphetamine precursor across multiple locations, and that a pilot program based in Williamson County will advance this important goal.
(b) Structure.
(1) There is established a pilot program based in
| Williamson County, known as the Williamson County Pilot Program or Pilot Program, to track purchases of targeted methamphetamine precursor across multiple locations for the purposes stated in subsection (a) of this Section. | |
(2) The Pilot Program shall be operated by the |
| Williamson County Sheriff's Office, also known as the Williamson County Pilot Program Authority or the Pilot Program Authority, in accordance with the provisions of Sections 36, 37, 38, 39, and 39.5 of this Act. | |
(3) The Pilot Program Authority shall designate a |
| Central Repository for the collection of required information, and the Central Repository shall operate according to the provisions of Sections 36, 37, 38, 39, and 39.5 of this Act. | |
(4) Every covered pharmacy shall participate in the |
| Pilot Program, and any non‑covered pharmacy may participate on a voluntary basis and be known as a voluntary participant. | |
(c) Transmission of electronic transaction records. Except as provided in Section 39:
(1) Each time a covered pharmacy distributes a |
| targeted methamphetamine precursor to a recipient under Section 25 of this Act, the covered pharmacy shall transmit an electronic transaction record to the Central Repository. | |
(2) Each covered pharmacy shall elect to transmit |
| electronic transaction records either through the secure website described in Section 37 of this Act or through weekly electronic transfers as described in Section 38 of this Act. | |
(d) Operation and Timeline for implementation.
(1) Except as stated in this subsection, this |
| amendatory Act of the 95th General Assembly shall be operational upon becoming law. | |
(2) Covered pharmacies are not required to transmit |
| any electronic transaction records and exempt pharmacies are not required to send any handwritten logs to the Central Repository until the reporting start date set by the Pilot Program Authority. | |
(3) The Pilot Program Authority shall announce the |
| "reporting start date" within 90 days of the date this legislation is signed into law. | |
(4) The reporting start date shall be no sooner than |
| 90 days after the date on which the Pilot Program Authority announces the reporting start date. | |
(5) Starting on the reporting start date, and |
| continuing for a period of one year thereafter, covered pharmacies shall transmit electronic transaction records as described in Sections 37 and 38 of this Act, and exempt pharmacies shall send handwritten logs as described in Section 39 of this Act. | |
(6) Nothing in this Act shall preclude covered |
| pharmacies and exempt pharmacies from voluntarily participating in the Pilot Program before the start date or continuing to participate in the Pilot Program after one year after the reporting start date. | |
(e) Funding. Funding for the Pilot Program shall be provided by the Williamson County Pilot Program Authority, drawing upon federal grant money and other available sources. If funding is delayed, curtailed, or otherwise unavailable, the Pilot Program Authority may delay implementation of the Pilot Program, reduce the number of counties covered by the Pilot Program, or end the Pilot Program early. If any such change becomes necessary, the Pilot Program Authority shall inform every covered pharmacy in writing.
(f) Training. The Pilot Program Authority shall provide, free of charge, training and assistance to any pharmacy playing any role in the Pilot Program.
(g) Relationship between the Williamson County Pilot Program and other laws and rules. Nothing in Sections 36, 37, 38, 39, and 39.5 of this Act shall supersede, nullify, or diminish the force of any requirement stated in any other Section of this Act or in any other State or federal law or rule.
(Source: P.A. 95‑640, eff. 6‑1‑08.) |
(720 ILCS 648/37)
Sec. 37. Williamson County Pilot Program; secure website.
(a) Transmission of electronic transaction records through a secure website; in general.
(1) The Pilot Program Authority shall establish a
| secure website for the transmission of electronic transaction records and electronic signatures and make it available free of charge to any covered pharmacy that elects to use it. | |
(2) The secure website shall enable any covered |
| pharmacy to transmit to the Central Repository an electronic transaction record and an electronic signature each time the pharmacy distributes a targeted methamphetamine precursor to a recipient under Section 25 of this Act. | |
(3) If the secure website becomes unavailable to a |
| covered pharmacy, the covered pharmacy may, during the period in which the secure website is not available, continue to distribute targeted methamphetamine precursor without using the secure website if, during this period, the covered pharmacy maintains and transmits handwritten logs as described in subsection (b) of Section 39 of this Act. | |
(b) Assistance to covered pharmacies using the secure website.
(1) The purpose of this subsection is to ensure that |
| participation in the Pilot Program does not impose substantial costs on covered pharmacies that elect to transmit electronic transaction records to the Central Repository by means of the secure website. | |
(2) If a covered pharmacy that elects to transmit |
| electronic transaction records by means of the secure website does not have computer hardware or software or related equipment sufficient to make use of the secure website, then the covered pharmacy may obtain and install such hardware or software or related equipment at its own cost, or it may request assistance from the Pilot Program Authority, or some combination of the 2. | |
(3) If a covered pharmacy requests such assistance, |
| then the Pilot Program Authority shall, free of charge, provide and install any computer hardware or software or related equipment needed. | |
(4) Nothing in this subsection shall preclude the |
| Pilot Program Authority from providing additional or other assistance to any pharmacy or retail distributor. | |
(c) Any covered pharmacy that elects to transmit electronic transaction records by means of the secure website described in this Section may use the secure website as its exclusive means of complying with subsections (d) and (f) of Section 25 of this Act, provided that, along with each electronic transaction record, the pharmacy also transmits an electronically‑captured signature of the recipient of the targeted methamphetamine precursor. To facilitate this option, the Pilot Program shall do the following:
(1) The Pilot Program Authority shall provide to any |
| covered pharmacy that requests it an electronic signature pad or other means of electronic signature capture. | |
(2) The Pilot Program Authority shall provide the |
| covered pharmacy with an official letter indicating that: | |
(A) The covered pharmacy in question is |
| participating in the Williamson County Pilot Program for a specified period of time. | |
(B) During the specified period of time, the |
| Pilot Program Authority has assumed responsibility for maintaining the logs described in subsection (f) of Section 25 of this Act. | |
(C) Any law enforcement officer seeking to |
|