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Illinois General Assembly - Full Text of HB4796

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HB4796 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4796

Introduced , by Rep. Lindsey LaPointe

SYNOPSIS AS INTRODUCED:

720 ILCS 570/201

from Ch. 56 1/2, par. 1201

Amends the Illinois Controlled Substances Act. Provides that, if any
substance, scheduled as a Schedule I controlled substance by the United
States Drug Enforcement Administration, is rescheduled for the purpose of
treating mental health disorders, including, but not limited to, anxiety,
depression, and post traumatic stress disorder, the Department of Human
Services shall reschedule the substance accordingly within 30 days from
the publication in the Federal Register of the final order rescheduling
the substance.
LRB104 16241 RLC 29625 b

A BILL FOR

HB4796
LRB104 16241 RLC 29625 b
1

AN ACT concerning criminal law.

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

HB4796
- 2 -
LRB104 16241 RLC 29625 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, unless within that 30
18
day period the Department objects, or a party adversely
19
affected files with the Department substantial written
20
objections objecting to inclusion, rescheduling, or deletion.
21
In that case, the Department shall publish the reasons for
22
objection or the substantial written objections and afford all
23
interested parties an opportunity to be heard. At the
24
conclusion of the hearing, the Department shall publish its
25
decision, by means of a rule, which shall be final unless
26
altered by statute. Upon publication of objections by the

HB4796
- 3 -
LRB104 16241 RLC 29625 b
1
Department, similar control under this Act whether by
2
inclusion, rescheduling or deletion is stayed until the
3
Department publishes its ruling.
4

(d-1) If any substance, scheduled as a Schedule I
5
controlled substance by the Administration, is rescheduled for
6
the purpose of treating mental health disorders, including,
7
but not limited to, anxiety, depression, and post traumatic
8
stress disorder, the Department shall reschedule the substance
9
accordingly within 30 days from the publication in the Federal
10
Register of the final order rescheduling the substance.

11

(e) (Blank).
12

(f) (Blank).
13

(g) Authority to control under this Section does not
14
extend to distilled spirits, wine, malt beverages, or tobacco
15
as those terms are defined or used in the Liquor Control Act of
16
1934 and the Tobacco Products Tax Act of 1995.
17

(h) Persons registered with the Drug Enforcement
18
Administration to manufacture or distribute controlled
19
substances shall maintain adequate security and provide
20
effective controls and procedures to guard against theft and
21
diversion, but shall not otherwise be required to meet the
22
physical security control requirements (such as cage or vault)
23
for Schedule V controlled substances containing
24
pseudoephedrine or Schedule II controlled substances
25
containing dextromethorphan.
26
(Source: P.A. 103-881, eff. 1-1-25
.)

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