Public Act 104-0271
 
HB3087 EnrolledLRB104 09442 RLC 19502 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 Methamphetamine Precursor Control Act is 
amended by changing Section 25 as follows:
 
    (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 
3,600 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, 
or by an agent of the pharmacist or pharmacy technician.
    (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 4 years, and made available for inspection and copying by 
any law enforcement officer upon request of that officer. 
These logs shall be kept in an electronic format as required by 
the Methamphetamine Precursor Tracking Act.
    (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 3.6 grams per day or 7.5 grams in 
a 30-day period of a targeted methamphetamine precursor 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. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
 
    Section 10. The Methamphetamine Precursor Tracking Act is 
amended by changing Sections 15 and 30 as follows:
 
    (720 ILCS 649/15)
    Sec. 15. General provisions. 
    (a) Structure. There is established a statewide precursor 
tracking program coordinated and administered by the Illinois 
State Police to track purchases of targeted methamphetamine 
precursors across multiple locations for the purposes stated 
in Section 5 of this Act. Every covered pharmacy must comply 
with this Act. The tracking program created by this Act shall 
be the sole methamphetamine precursor tracking program in 
Illinois. 
    (b) Transmission of electronic transaction records. Unless 
otherwise provided in this Act, each time a covered pharmacy 
distributes a targeted methamphetamine precursor to a 
recipient, the pharmacy shall transmit an electronic 
transaction record to the Central Repository. 
    (c) Notification. The Illinois Department of Financial and 
Professional Regulation shall notify pharmacies seeking 
licensure in Illinois of their obligation to comply with the 
requirements of this Act. 
    (d) Electronic transmission. Starting on the effective 
date of this Act and continuing thereafter, covered pharmacies 
shall transmit all electronic transaction records as required 
by this Act. 
    (e) Funding. 
        (1) On and after October 1, 2025, any manufacturer of 
    products containing methamphetamine precursors sold in or 
    brought into this State must, on a monthly basis, pay fees 
    to the Central Repository.
        (2) The Central Repository shall be responsible for 
    setting the fee levels required under paragraph (1).
        (3) At the request of the Illinois State Police, 
    manufacturers required to pay fees under paragraph (1) 
    shall be required to provide written documentation 
    demonstrating that they have paid such fees.
        (4) The sale of methamphetamine precursors in or 
    brought into this State by a manufacturer who has failed 
    to pay fees required under paragraph (1) shall be 
    considered a violation of this Section and shall subject 
    the manufacturer to the penalties outlined in subsection 
    (c) of Section 30.
        (5) Nothing in this subsection (e) applies to a 
    manufacturer of products containing methamphetamine 
    precursors sold in or brought into this State that are 
    available only pursuant to a valid prescription. 
        (6) Funding for the tracking program shall be provided 
    by the Illinois State Police drawing upon federal and 
    State grant money and other available sources. 
(Source: P.A. 97-670, eff. 1-19-12.)
 
    (720 ILCS 649/30)
    Sec. 30. Violations. 
    (a) Any covered pharmacy or retail distributor that 
violates this Act is guilty of a petty offense and subject to a 
fine of $500 for a first offense; $1,000 for a second offense 
occurring at the same retail location as and within 3 years of 
the offense; and $5,000 for a third or subsequent offense 
occurring at the same retail location as and within 3 years of 
the prior offenses.
    (b) An employee or agent of a covered pharmacy who 
violates this Act is guilty of a Class A misdemeanor for a 
first offense; a Class 4 felony for a second offense; and a 
Class 1 felony for a third or subsequent offense. 
    (c) Any manufacturer that violates subsection (e) of 
Section 15 of this Act is guilty of a petty offense and subject 
to a fine of $500 for a first offense; $1,000 for a second 
offense occurring within 3 years of the first offense; and 
$5,000 for a third or subsequent offense occurring within 3 
years of the prior offenses. 
(Source: P.A. 97-670, eff. 1-19-12.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.