CONTROLLED SUBSTANCES-FENTANYL

Illinois General Assembly - Full Text of SB3191

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3191

Introduced 2/2/2026, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

720 ILCS 570/401

from Ch. 56 1/2, par. 1401
720 ILCS 570/401.1

from Ch. 56 1/2, par. 1401.1

Amends the Illinois Controlled Substances Act. Provides that in
addition to any other penalties provided by law, a person unlawfully
selling or dispensing any scheduled drug containing a detectable amount of
fentanyl is guilty of a Class X felony and shall be sentenced to a term of
imprisonment of not less than 9 years and not more than 40 years or fined
not more than $250,000, or both. Provides that it shall be a Class 1 felony
for which a fine not to exceed $100,000 may be imposed for any person to
knowingly use an electronic communication device in the furtherance of
controlled substance trafficking involving a substance containing any
amount of fentanyl. Provides that this penalty shall be in addition to any
other penalties imposed by law. Defines "electronic communication device".
LRB104 18967 RLC 32412 b

A BILL FOR

SB3191
LRB104 18967 RLC 32412 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 Sections 401 and 401.1 as follows:

6

(720 ILCS 570/401)

(from Ch. 56 1/2, par. 1401)
7

Sec. 401.
Manufacture or delivery, or possession with
8
intent to manufacture or deliver, a controlled substance, a
9
counterfeit substance, or controlled substance analog.
Except
10
as authorized by this Act, it is unlawful for any person
11
knowingly to manufacture or deliver, or possess with intent to
12
manufacture or deliver, a controlled substance other than
13
methamphetamine and other than bath salts as defined in the
14
Bath Salts Prohibition Act sold or offered for sale in a retail
15
mercantile establishment as defined in Section 16-0.1 of the
16
Criminal Code of 2012, a counterfeit substance, or a
17
controlled substance analog. A violation of this Act with
18
respect to each of the controlled substances listed herein
19
constitutes a single and separate violation of this Act. For
20
purposes of this Section, "controlled substance analog" or
21
"analog" means a substance, other than a controlled substance,
22
which is not approved by the United States Food and Drug
23
Administration or, if approved, is not dispensed or possessed

SB3191
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LRB104 18967 RLC 32412 b
1
in accordance with State or federal law, and that has a
2
chemical structure substantially similar to that of a
3
controlled substance in Schedule I or II, or that was
4
specifically designed to produce an effect substantially
5
similar to that of a controlled substance in Schedule I or II.
6
Examples of chemical classes in which controlled substance
7
analogs are found include, but are not limited to, the
8
following: phenethylamines, N-substituted piperidines,
9
morphinans, ecgonines, quinazolinones, substituted indoles,
10
and arylcycloalkylamines. For purposes of this Act, a
11
controlled substance analog shall be treated in the same
12
manner as the controlled substance to which it is
13
substantially similar.
14

(a) Any person who violates this Section with respect to
15
the following amounts of controlled or counterfeit substances
16
or controlled substance analogs, notwithstanding any of the
17
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
18
contrary, is guilty of a Class X felony and shall be sentenced
19
to a term of imprisonment as provided in this subsection (a)
20
and fined as provided in subsection (b):
21

(1)(A) not less than 6 years and not more than 30 years
22

with respect to 15 grams or more but less than 100 grams of
23

a substance containing heroin, or an analog thereof;
24

(B) not less than 9 years and not more than 40 years
25

with respect to 100 grams or more but less than 400 grams
26

of a substance containing heroin, or an analog thereof;

SB3191
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LRB104 18967 RLC 32412 b
1

(C) not less than 12 years and not more than 50 years
2

with respect to 400 grams or more but less than 900 grams
3

of a substance containing heroin, or an analog thereof;
4

(D) not less than 15 years and not more than 60 years
5

with respect to 900 grams or more of any substance
6

containing heroin, or an analog thereof;
7

(1.5)(A) not less than 6 years and not more than 30
8

years with respect to 15 grams or more but less than 100
9

grams of a substance containing fentanyl, or an analog
10

thereof;
11

(B) not less than 9 years and not more than 40 years
12

with respect to 100 grams or more but less than 400 grams
13

of a substance containing fentanyl, or an analog thereof;
14

(C) not less than 12 years and not more than 50 years
15

with respect to 400 grams or more but less than 900 grams
16

of a substance containing fentanyl, or an analog thereof;
17

(D) not less than 15 years and not more than 60 years
18

with respect to 900 grams or more of a substance
19

containing fentanyl, or an analog thereof;
20

(2)(A) not less than 6 years and not more than 30 years
21

with respect to 15 grams or more but less than 100 grams of
22

a substance containing cocaine, or an analog thereof;
23

(B) not less than 9 years and not more than 40 years
24

with respect to 100 grams or more but less than 400 grams
25

of a substance containing cocaine, or an analog thereof;
26

(C) not less than 12 years and not more than 50 years

SB3191
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LRB104 18967 RLC 32412 b
1

with respect to 400 grams or more but less than 900 grams
2

of a substance containing cocaine, or an analog thereof;
3

(D) not less than 15 years and not more than 60 years
4

with respect to 900 grams or more of any substance
5

containing cocaine, or an analog thereof;
6

(3)(A) not less than 6 years and not more than 30 years
7

with respect to 15 grams or more but less than 100 grams of
8

a substance containing morphine, or an analog thereof;
9

(B) not less than 9 years and not more than 40 years
10

with respect to 100 grams or more but less than 400 grams
11

of a substance containing morphine, or an analog thereof;
12

(C) not less than 12 years and not more than 50 years
13

with respect to 400 grams or more but less than 900 grams
14

of a substance containing morphine, or an analog thereof;
15

(D) not less than 15 years and not more than 60 years
16

with respect to 900 grams or more of a substance
17

containing morphine, or an analog thereof;
18

(4) 200 grams or more of any substance containing
19

peyote, or an analog thereof;
20

(5) 200 grams or more of any substance containing a
21

derivative of barbituric acid or any of the salts of a
22

derivative of barbituric acid, or an analog thereof;
23

(6) 200 grams or more of any substance containing
24

amphetamine or any salt of an optical isomer of
25

amphetamine, or an analog thereof;
26

(6.5) (blank);

SB3191
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LRB104 18967 RLC 32412 b
1

(6.6) (blank);
2

(7)(A) not less than 6 years and not more than 30 years
3

with respect to: (i) 15 grams or more but less than 100
4

grams of a substance containing lysergic acid diethylamide
5

(LSD), or an analog thereof, or (ii) 15 or more objects or
6

15 or more segregated parts of an object or objects but
7

less than 200 objects or 200 segregated parts of an object
8

or objects containing in them or having upon them any
9

amounts of any substance containing lysergic acid
10

diethylamide (LSD), or an analog thereof;
11

(B) not less than 9 years and not more than 40 years
12

with respect to: (i) 100 grams or more but less than 400
13

grams of a substance containing lysergic acid diethylamide
14

(LSD), or an analog thereof, or (ii) 200 or more objects or
15

200 or more segregated parts of an object or objects but
16

less than 600 objects or less than 600 segregated parts of
17

an object or objects containing in them or having upon
18

them any amount of any substance containing lysergic acid
19

diethylamide (LSD), or an analog thereof;
20

(C) not less than 12 years and not more than 50 years
21

with respect to: (i) 400 grams or more but less than 900
22

grams of a substance containing lysergic acid diethylamide
23

(LSD), or an analog thereof, or (ii) 600 or more objects or
24

600 or more segregated parts of an object or objects but
25

less than 1500 objects or 1500 segregated parts of an
26

object or objects containing in them or having upon them

SB3191
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LRB104 18967 RLC 32412 b
1

any amount of any substance containing lysergic acid
2

diethylamide (LSD), or an analog thereof;
3

(D) not less than 15 years and not more than 60 years
4

with respect to: (i) 900 grams or more of any substance
5

containing lysergic acid diethylamide (LSD), or an analog
6

thereof, or (ii) 1500 or more objects or 1500 or more
7

segregated parts of an object or objects containing in
8

them or having upon them any amount of a substance
9

containing lysergic acid diethylamide (LSD), or an analog
10

thereof;
11

(7.5)(A) not less than 6 years and not more than 30 years
12

with respect to: (i) 15 grams or more but less than 100
13

grams of a substance listed in paragraph (1), (2), (2.1),
14

(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
15

(26) of subsection (d) of Section 204, or an analog or
16

derivative thereof, or (ii) 15 or more pills, tablets,
17

caplets, capsules, or objects but less than 200 pills,
18

tablets, caplets, capsules, or objects containing in them
19

or having upon them any amounts of any substance listed in
20

paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
21

(20.1), (21), (25), or (26) of subsection (d) of Section
22

204, or an analog or derivative thereof;
23

(B) not less than 9 years and not more than 40 years
24

with respect to: (i) 100 grams or more but less than 400
25

grams of a substance listed in paragraph (1), (2), (2.1),
26

(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or

SB3191
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LRB104 18967 RLC 32412 b
1

(26) of subsection (d) of Section 204, or an analog or
2

derivative thereof, or (ii) 200 or more pills, tablets,
3

caplets, capsules, or objects but less than 600 pills,
4

tablets, caplets, capsules, or objects containing in them
5

or having upon them any amount of any substance listed in
6

paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
7

(20.1), (21), (25), or (26) of subsection (d) of Section
8

204, or an analog or derivative thereof;
9

(C) not less than 12 years and not more than 50 years
10

with respect to: (i) 400 grams or more but less than 900
11

grams of a substance listed in paragraph (1), (2), (2.1),
12

(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
13

(26) of subsection (d) of Section 204, or an analog or
14

derivative thereof, or (ii) 600 or more pills, tablets,
15

caplets, capsules, or objects but less than 1,500 pills,
16

tablets, caplets, capsules, or objects containing in them
17

or having upon them any amount of any substance listed in
18

paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
19

(20.1), (21), (25), or (26) of subsection (d) of Section
20

204, or an analog or derivative thereof;
21

(D) not less than 15 years and not more than 60 years
22

with respect to: (i) 900 grams or more of any substance
23

listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
24

(19), (20), (20.1), (21), (25), or (26) of subsection (d)
25

of Section 204, or an analog or derivative thereof, or
26

(ii) 1,500 or more pills, tablets, caplets, capsules, or

SB3191
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LRB104 18967 RLC 32412 b
1

objects containing in them or having upon them any amount
2

of a substance listed in paragraph (1), (2), (2.1), (2.2),
3

(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
4

subsection (d) of Section 204, or an analog or derivative
5

thereof;
6

(8) 30 grams or more of any substance containing
7

pentazocine or any of the salts, isomers and salts of
8

isomers of pentazocine, or an analog thereof;
9

(9) 30 grams or more of any substance containing
10

methaqualone or any of the salts, isomers and salts of
11

isomers of methaqualone, or an analog thereof;
12

(10) 30 grams or more of any substance containing
13

phencyclidine or any of the salts, isomers and salts of
14

isomers of phencyclidine (PCP), or an analog thereof;
15

(10.5) 30 grams or more of any substance containing
16

ketamine or any of the salts, isomers and salts of isomers
17

of ketamine, or an analog thereof;
18

(10.6) 100 grams or more of any substance containing
19

hydrocodone, or any of the salts, isomers and salts of
20

isomers of hydrocodone, or an analog thereof;
21

(10.7) (blank);
22

(10.8) 100 grams or more of any substance containing
23

dihydrocodeine, or any of the salts, isomers and salts of
24

isomers of dihydrocodeine, or an analog thereof;
25

(10.9) 100 grams or more of any substance containing
26

oxycodone, or any of the salts, isomers and salts of

SB3191
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LRB104 18967 RLC 32412 b
1

isomers of oxycodone, or an analog thereof;
2

(11) 200 grams or more of any substance containing any
3

other controlled substance classified in Schedules I or
4

II, or an analog thereof, which is not otherwise included
5

in this subsection.
6

(b) Any person sentenced with respect to violations of
7
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
8
involving 100 grams or more of the controlled substance named
9
therein, may in addition to the penalties provided therein, be
10
fined an amount not more than $500,000 or the full street value
11
of the controlled or counterfeit substance or controlled
12
substance analog, whichever is greater. The term "street
13
value" shall have the meaning ascribed in Section 110-5 of the
14
Code of Criminal Procedure of 1963. Any person sentenced with
15
respect to any other provision of subsection (a), may in
16
addition to the penalties provided therein, be fined an amount
17
not to exceed $500,000.
18

(b-1) Excluding violations of this Act when the controlled
19
substance is fentanyl, any person sentenced to a term of
20
imprisonment with respect to violations of Section 401, 401.1,
21
405, 405.1, 405.2, or 407, when the substance containing the
22
controlled substance contains any amount of fentanyl, 3 years
23
shall be added to the term of imprisonment imposed by the
24
court, and the maximum sentence for the offense shall be
25
increased by 3 years.
26

(c) Any person who violates this Section with regard to

SB3191
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LRB104 18967 RLC 32412 b
1
the following amounts of controlled or counterfeit substances
2
or controlled substance analogs, notwithstanding any of the
3
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
4
to the contrary, is guilty of a Class 1 felony. The fine for
5
violation of this subsection (c) shall not be more than
6
$250,000:
7

(1) 1 gram or more but less than 15 grams of any
8

substance containing heroin, or an analog thereof;
9

(1.5) 1 gram or more but less than 15 grams of any
10

substance containing fentanyl, or an analog thereof;
11

(2) 1 gram or more but less than 15 grams of any
12

substance containing cocaine, or an analog thereof;
13

(3) 10 grams or more but less than 15 grams of any
14

substance containing morphine, or an analog thereof;
15

(4) 50 grams or more but less than 200 grams of any
16

substance containing peyote, or an analog thereof;
17

(5) 50 grams or more but less than 200 grams of any
18

substance containing a derivative of barbituric acid or
19

any of the salts of a derivative of barbituric acid, or an
20

analog thereof;
21

(6) 50 grams or more but less than 200 grams of any
22

substance containing amphetamine or any salt of an optical
23

isomer of amphetamine, or an analog thereof;
24

(6.5) (blank);
25

(7)(i) 5 grams or more but less than 15 grams of any
26

substance containing lysergic acid diethylamide (LSD), or

SB3191
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LRB104 18967 RLC 32412 b
1

an analog thereof, or (ii) more than 10 objects or more
2

than 10 segregated parts of an object or objects but less
3

than 15 objects or less than 15 segregated parts of an
4

object containing in them or having upon them any amount
5

of any substance containing lysergic acid diethylamide
6

(LSD), or an analog thereof;
7

(7.5)(i) 5 grams or more but less than 15 grams of any
8

substance listed in paragraph (1), (2), (2.1), (2.2), (3),
9

(14.1), (19), (20), (20.1), (21), (25), or (26) of
10

subsection (d) of Section 204, or an analog or derivative
11

thereof, or (ii) more than 10 pills, tablets, caplets,
12

capsules, or objects but less than 15 pills, tablets,
13

caplets, capsules, or objects containing in them or having
14

upon them any amount of any substance listed in paragraph
15

(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
16

(21), (25), or (26) of subsection (d) of Section 204, or an
17

analog or derivative thereof;
18

(8) 10 grams or more but less than 30 grams of any
19

substance containing pentazocine or any of the salts,
20

isomers and salts of isomers of pentazocine, or an analog
21

thereof;
22

(9) 10 grams or more but less than 30 grams of any
23

substance containing methaqualone or any of the salts,
24

isomers and salts of isomers of methaqualone, or an analog
25

thereof;
26

(10) 10 grams or more but less than 30 grams of any

SB3191
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LRB104 18967 RLC 32412 b
1

substance containing phencyclidine or any of the salts,
2

isomers and salts of isomers of phencyclidine (PCP), or an
3

analog thereof;
4

(10.5) 10 grams or more but less than 30 grams of any
5

substance containing ketamine or any of the salts, isomers
6

and salts of isomers of ketamine, or an analog thereof;
7

(10.6) 50 grams or more but less than 100 grams of any
8

substance containing hydrocodone, or any of the salts,
9

isomers and salts of isomers of hydrocodone, or an analog
10

thereof;
11

(10.7) (blank);
12

(10.8) 50 grams or more but less than 100 grams of any
13

substance containing dihydrocodeine, or any of the salts,
14

isomers and salts of isomers of dihydrocodeine, or an
15

analog thereof;
16

(10.9) 50 grams or more but less than 100 grams of any
17

substance containing oxycodone, or any of the salts,
18

isomers and salts of isomers of oxycodone, or an analog
19

thereof;
20

(11) 50 grams or more but less than 200 grams of any
21

substance containing a substance classified in Schedules I
22

or II, or an analog thereof, which is not otherwise
23

included in this subsection.
24

(c-5) (Blank).
25

(d) Any person who violates this Section with regard to
26
any other amount of a controlled or counterfeit substance

SB3191
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LRB104 18967 RLC 32412 b
1
containing dihydrocodeine or classified in Schedules I or II,
2
or an analog thereof, which is (i) a narcotic drug, (ii)
3
lysergic acid diethylamide (LSD) or an analog thereof, (iii)
4
any substance containing amphetamine or fentanyl or any salt
5
or optical isomer of amphetamine or fentanyl, or an analog
6
thereof, or (iv) any substance containing N-Benzylpiperazine
7
(BZP) or any salt or optical isomer of N-Benzylpiperazine
8
(BZP), or an analog thereof, is guilty of a Class 2 felony. The
9
fine for violation of this subsection (d) shall not be more
10
than $200,000.
11

(d-1) In addition to any other penalties provided by law,
12
a person unlawfully selling or dispensing any scheduled drug
13
containing a detectable amount of fentanyl is guilty of a
14
Class X felony and shall be sentenced to a term of imprisonment
15
of not less than 9 years and not more than 40 years or fined
16
not more than $250,000, or both.
17

(d-5) (Blank).
18

(e) Any person who violates this Section with regard to
19
any other amount of a controlled substance other than
20
methamphetamine or counterfeit substance classified in
21
Schedule I or II, or an analog thereof, which substance is not
22
included under subsection (d) of this Section, is guilty of a
23
Class 3 felony. The fine for violation of this subsection (e)
24
shall not be more than $150,000.
25

(f) Any person who violates this Section with regard to
26
any other amount of a controlled or counterfeit substance

SB3191
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LRB104 18967 RLC 32412 b
1
classified in Schedule III is guilty of a Class 3 felony. The
2
fine for violation of this subsection (f) shall not be more
3
than $125,000.
4

(g) Any person who violates this Section with regard to
5
any other amount of a controlled or counterfeit substance
6
classified in Schedule IV is guilty of a Class 3 felony. The
7
fine for violation of this subsection (g) shall not be more
8
than $100,000.
9

(h) Any person who violates this Section with regard to
10
any other amount of a controlled or counterfeit substance
11
classified in Schedule V is guilty of a Class 3 felony. The
12
fine for violation of this subsection (h) shall not be more
13
than $75,000.
14

(i) This Section does not apply to the manufacture,
15
possession or distribution of a substance in conformance with
16
the provisions of an approved new drug application or an
17
exemption for investigational use within the meaning of
18
Section 505 of the Federal Food, Drug and Cosmetic Act.
19

(j) (Blank).
20
(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
21
100-368, eff. 1-1-18
.)

22

(720 ILCS 570/401.1)

(from Ch. 56 1/2, par. 1401.1)
23

Sec. 401.1.
Controlled Substance Trafficking.
24

(a) Except for purposes as authorized by this Act, any
25
person who knowingly brings or causes to be brought into this

SB3191
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LRB104 18967 RLC 32412 b
1
State for the purpose of manufacture or delivery or with the
2
intent to manufacture or deliver a controlled substance other
3
than methamphetamine or counterfeit substance in this or any
4
other state or country is guilty of controlled substance
5
trafficking.
6

(b) A person convicted of controlled substance trafficking
7
shall be sentenced to a term of imprisonment not less than
8
twice the minimum term and fined an amount as authorized by
9
Section 401 of this Act, based upon the amount of controlled or
10
counterfeit substance brought or caused to be brought into
11
this State, and not more than twice the maximum term of
12
imprisonment and fined twice the amount as authorized by
13
Section 401 of this Act, based upon the amount of controlled or
14
counterfeit substance brought or caused to be brought into
15
this State.
16

(c) It shall be a Class 2 felony for which a fine not to
17
exceed $100,000 may be imposed for any person to knowingly use
18
a cellular radio telecommunication device in the furtherance
19
of controlled substance trafficking. This penalty shall be in
20
addition to any other penalties imposed by law.
21

(d) It shall be a Class 1 felony for which a fine not to
22
exceed $100,000 may be imposed for any person to knowingly use
23
an electronic communication device in the furtherance of
24
controlled substance trafficking involving a substance
25
containing any amount of fentanyl. This penalty shall be in
26
addition to any other penalties imposed by law. For purposes

SB3191
- 16 -
LRB104 18967 RLC 32412 b
1
of this subsection (d):
2

"Computer" has the meaning ascribed to it in Section
3
17-0.5 of the Criminal Code of 2012.

4

"Electronic communication device" means an electronic
5
device, including, but not limited to, a wireless telephone,
6
personal digital assistant, or a portable or mobile computer,
7
that is capable of transmitting images or pictures.

8
(Source: P.A. 94-556, eff. 9-11-05.)

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