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Sponsored bySara Feigenholtz+6 co-sponsors
Last updated Aug 7, 2026 · IL · Source: LegiScan ↗
This bill amends the Illinois Controlled Substances Act to update the criteria the Department considers when adding, deleting, or rescheduling controlled substances, explicitly adding 'the potential of the substance to produce psychological or physiological dependence or a substance use disorder' as a factor. It revises the process for automatically adopting federal scheduling changes by requiring a public hearing if the Department objects or if a party files substantial written objections, and clarifies the timeline and stay of control during objections. The legislation concerns regulation of controlled substances in the context of mental health and substance use disorders.
SB3322 Enrolled LRB104 17631 BAB 31062 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Controlled Substances Act is 5 amended by changing Section 201 as follows: 6 (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201) 7 Sec. 201. (a) The Department shall carry out the 8 provisions of this Article. The Department or its successor 9 agency may, by administrative rule, add additional substances 10 to or delete or reschedule all controlled substances in the 11 Schedules of Sections 204, 206, 208, 210 and 212 of this Act. 12 In making a determination regarding the addition, deletion, or 13 rescheduling of a substance, the Department shall consider the 14 following: 15 (1) the actual or relative potential for misuse; 16 (2) the scientific evidence of its pharmacological 17 effect, if known; 18 (3) the state of current scientific knowledge 19 regarding the substance; 20 (4) the history and current pattern of misuse; 21 (5) the scope, duration, and significance of misuse; 22 (6) the risk to the public health; 23 (7) the potential of the substance to produce SB3322 Enrolled - 2 - LRB104 17631 BAB 31062 b 1 psychological or physiological dependence or a substance 2 use disorder; 3 (8) whether the substance is an immediate precursor of 4 a substance already controlled under this Article; 5 (9) the immediate harmful effect in terms of 6 potentially fatal dosage; and 7 (10) the long-range effects in terms of permanent 8 health impairment. 9 (b) (Blank). 10 (c) (Blank). 11 (d) If any substance is scheduled, rescheduled, or deleted 12 as a controlled substance under Federal law and notice thereof 13 is given to the Department, the Department shall similarly 14 control the substance under this Act after the expiration of 15 30 days from publication in the Federal Register of a final 16 order scheduling a substance as a controlled substance or 17 rescheduling or deleting a substance . If the Department does 18 not take action within 30 days, at the conclusion of the 30-day 19 period the substance shall be considered scheduled, 20 rescheduled, or deleted in the same manner as the federal law , 21 unless within that 30-day 30 day period the Department 22 objects, or a party adversely affected files with the 23 Department substantial written objections objecting to 24 inclusion, rescheduling, or deletion. In that case, the 25 Department shall publish the reasons for objection or the 26 substantial written objections and afford all interested SB3322 Enrolled - 3 - LRB104 17631 BAB 31062 b 1 parties an opportunity to be heard in a public hearing to be 2 held no later than 45 days after the statement of objection . 3 After At the public conclusion of the hearing, the Department 4 shall publish its decision within 14 days of the conclusion of 5 the public hearing , by means of a rule, which shall be final 6 unless altered by statute. Upon publication of objections by 7 the Department, similar control under this Act whether by 8 inclusion, rescheduling or deletion is stayed until the 9 Department publishes its ruling. 10 (e) (Blank). 11 (f) (Blank). 12 (g) Authority to control under this Section does not 13 extend to distilled spirits, wine, malt beverages, or tobacco 14 as those terms are defined or used in the Liquor Control Act of 15 1934 and the Tobacco Products Tax Act of 1995. 16 (h) Persons registered with the Drug Enforcement 17 Administration to manufacture or distribute controlled 18 substances shall maintain adequate security and provide 19 effective controls and procedures to guard against theft and 20 diversion, but shall not otherwise be required to meet the 21 physical security control requirements (such as cage or vault) 22 for Schedule V controlled substances containing 23 pseudoephedrine or Schedule II controlled substances 24 containing dextromethorphan. 25 (Source: P.A. 103-881, eff. 1-1-25 .) 26 Section 99. Effective date. This Act takes effect upon SB3322 Enrolled - 4 - LRB104 17631 BAB 31062 b 1 becoming law.
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