Illinois Compiled Statutes 720 ILCS 570/404 – (a) For the purposes of this Section: …
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(a) For the purposes of this Section:
(1) “Advertise” means the attempt, by publication,
(1) “Advertise” means the attempt, by publication,
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dissemination, solicitation or circulation, to induce directly or indirectly any person to acquire, or enter into an obligation to acquire, any substance within the scope of this Section.
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(2) “Distribute” has the meaning ascribed to it in
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subsection (s) of Section 102 of this Act but as relates to look-alike substances.
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(3) “Manufacture” means the producing, preparing,
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compounding, processing, encapsulating, packaging, repackaging, labeling or relabeling of a look-alike substance.
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(b) It is unlawful for any person knowingly to manufacture, distribute, advertise, or possess with intent to manufacture or distribute a look-alike substance. Any person who violates this subsection (b) shall be guilty of a Class 3 felony, the fine for which shall not exceed $150,000.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-40 and § Ill. Comp. Stat. 730 ILCS 5/5-4.5-65
(c) It is unlawful for any person knowingly to possess a look-alike substance. Any person who violates this subsection (c) is guilty of a petty offense. Any person convicted of a subsequent offense under this subsection (c) shall be guilty of a Class C misdemeanor.
(d) In any prosecution brought under this Section, it is not a defense to a violation of this Section that the defendant believed the look-alike substance actually to be a controlled substance.
(e) Nothing in this Section applies to:
(1) The manufacture, processing, packaging,
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 felony | between 2 and 5 years | up to $25,000 |
| Class C misdemeanor | up to 30 days | up to $1,500 |
Terms Used In Illinois Compiled Statutes 720 ILCS 570/404
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
(c) It is unlawful for any person knowingly to possess a look-alike substance. Any person who violates this subsection (c) is guilty of a petty offense. Any person convicted of a subsequent offense under this subsection (c) shall be guilty of a Class C misdemeanor.
(d) In any prosecution brought under this Section, it is not a defense to a violation of this Section that the defendant believed the look-alike substance actually to be a controlled substance.
(e) Nothing in this Section applies to:
(1) The manufacture, processing, packaging,
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distribution or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.
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(2) Persons acting in the course and legitimate scope
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of their employment as law enforcement officers.
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(3) The retention of production samples of
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noncontrolled substances produced prior to the effective date of this amendatory Act of 1982, where such samples are required by federal law.
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(f) Nothing in this Section or in this Act applies to the lawful manufacture, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 360).