(A) Sale, possession, or delivery of synthetic cocaine prohibited.
(1) Definitions. For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BATH SALTS. A substance that contains methylenedioxypyrovalerone (MDPV) or contains a norepinephrine-dopamine reuptake inhibitor (NDRI).
CONSTRUCTIVE POSSESSION. May be inferred if the defendant has intent and capacity to maintain control and dominion over the cocaine or substance containing cocaine or drug paraphernalia.
DELIVER or DELIVERY. Actual, constructive, or attempted transfer of possession of synthetic cocaine or substance containing cocaine, with or without consideration, whether or not there is an agency relationship.
KNOWLEDGE. Knows, acts knowingly, or with knowledge:
1. The nature or attendant circumstances of his or her conduct described by the section defining the offense when he or she is consciously aware that his or her conduct is of such nature or that such circumstances exist; KNOWLEDGE of a material fact includes awareness of the substantial probability that such fact exists;
2. The result of his or her conduct, described by the section defining the offense, when he or she is consciously aware that such result is likely to be caused by his or her conduct; and
3. KNOWLEDGE may be inferred from the surrounding circumstances.
SYNTHETIC COCAINE, BATH SALTS, or SUBSTANCES CONTAINING COCAINE. Includes, but not limited to, the names, MDPK, Magic, Super Coke, PV, Ivory Wave, Ocean, Cloud Nine, Charge Plus, White lightning, Scarface, Hurricane, Charlie Red Dove, and White Dove. It is an herbal and chemical product which mimics the effects of cocaine, including, but not limited to, Methylenedioxypyrovalerone (a psychoactive drug) or cathinone derivatives.
MANUFACTURE. The production, preparation, propagation, compounding, conversion, or processing of synthetic cocaine or a substance containing cocaine, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis and includes any packaging or repackaging of synthetic cocaine or a substance containing cocaine or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of synthetic cocaine as an incident to lawful research, teaching, or chemical analysis and not for sale.
PERSON. Any individual, corporation, business trust, estate, trust, partnership, association, or any other entity.
POSSESSION. Possession may be either actual or constructive; ACTUAL POSSESSION means exercising physical dominion.
(2) Possession of synthetic cocaine or substance containing cocaine or bath salts prohibited.
(a) Violation. No person shall possess any substance containing synthetic cocaine or a substance containing cocaine.
(b) Forfeiture. Any items which may be seized or forfeited pursuant to 720 ILCS 550/12 may be forfeited in the same manner as described therein for a violation of this division (A).
(c) Exception. Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance or synthetic cocaine for research purposes shall be exempt from the provisions of this division (A).
(Prior Code, § 27-14-1)
(B) Sale, possession, or delivery of synthetic cannabis prohibited.
(1) Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DELIVER or DELIVERY. Actual, constructive, or attempted transfer of possession of synthetic cannabis, with or without consideration, whether or not there is an agency relationship.
KNOWLEDGE. Knows, acts knowingly, or with knowledge:
(a) The nature or attendant circumstances of his or her conduct, described by the section defining the offense; when he or she is consciously aware that his or her conduct is of such nature or that such circumstances exist, KNOWLEDGE of a material fact includes awareness of the substantial probability that such fact exists;
(b) The result of his or her conduct, described by the section defining the offense, when he or she is consciously aware that such result is likely to be caused by his or her conduct; and
(c) KNOWLEDGE may be inferred from the surrounding circumstances.
MANUFACTURE. The production, preparation, propagation, compounding, conversion, or processing of synthetic cannabis, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis and includes any packaging or repackaging of synthetic cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of synthetic cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.
PERSON. Any individual, corporation, business trust, estate, trust, partnership, or association or any other entity.
POSSESSION. May be either actual or constructive.
1. ACTUAL POSSESSION means exercising physical dominion; and
2. CONSTRUCTIVE POSSESSION may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.
PRODUCE or PRODUCTION. Planting, cultivating, tending, or harvesting.
SYNTHETIC CANNABIS. Includes the brand names K2 and Spice. It is an herbal and chemical product which mimics the effects of cannabis, including, but not limited to, synthetic cannabinoids, cannabicyclohexanol, JWH-018, JWH-073, and HU-210.
(2) Possession of synthetic cannabis prohibited.
(a) Violation. No person shall possess any substance containing synthetic cannabis.
(b) Forfeiture. Any items which may be seized or forfeited, pursuant to 720 ILCS 550/12, may be forfeited in the same manner as described therein for a violation of this division (B).
(c) Exception. Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance or synthetic cannabis for research purposes, pursuant to 720 ILCS 550/11, as hereafter amended, shall be exempt from the provisions of this division (B).
(Prior Code, § 27-14-2)
Penalty, see § 132.99
Statutory reference:
Related provisions, see 720 ILCS 550/11 and 720 ILCS 550/12