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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4202

Introduced 5/12/2026, by Sen. Mike Porfirio

SYNOPSIS AS INTRODUCED:

720 ILCS 570/201

from Ch. 56 1/2, par. 1201

Amends the Illinois Controlled Substances Act. Provides that, when
any substance is scheduled, rescheduled, or deleted as a controlled
substance under federal law and notice is given to the Department of Human
Services and the Department does not similarly control the substance under
the Act, after the expiration of 30 days from publication in the Federal
Register of a final order scheduling a substance as a controlled substance
or rescheduling or deleting a substance, the substance shall be considered
scheduled, rescheduled, or deleted in the same manner as under federal
law. Provides that after the public hearing to consider objections to the
scheduling, rescheduling, or deletion of the controlled substance, the
Department shall publish its decision within 14 days of the conclusion of
the public hearing, by means of a rule, which shall be final unless altered
by statute. Effective immediately.
LRB104 21823 RLC 37571 b

A BILL FOR

SB4202
LRB104 21823 RLC 37571 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

SB4202
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LRB104 21823 RLC 37571 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

Federal
law and notice
13
thereof is given to the Department, the Department shall
14
similarly control the substance under this Act after the
15
expiration of 30 days from publication in the Federal Register
16
of a final order scheduling a substance as a controlled
17
substance or rescheduling or deleting a substance
. If the
18
Department does not take action within 30 days, at the
19
conclusion of the 30-day period, the substance shall be
20
considered scheduled, rescheduled, or deleted in the same
21
manner as under federal law
, unless within that
30-day

30 day

22
period the Department objects
, or a party adversely affected
23
files with the Department substantial written objections
24
objecting to inclusion, rescheduling, or deletion
. In that
25
case, the Department shall publish the reasons for objection
26
or the substantial written objections
and afford all

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LRB104 21823 RLC 37571 b
1
interested parties an opportunity to be heard
in a public
2
hearing to be held no later than 45 days after the statement of
3
objection
.
After

At
the
public

conclusion of the
hearing, the
4
Department shall publish its decision
within 14 days of the
5
conclusion of the public hearing
, by means of a rule, which
6
shall be final unless altered by statute. Upon publication of
7
objections by the Department, similar control under this Act
8
whether by inclusion, rescheduling or deletion is stayed until
9
the 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

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LRB104 21823 RLC 37571 b
1
becoming law.

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