Controlled Substance Regulations in Illinois

What are the controlled substances schedules and how do they affect prescription medications in Illinois?

In Illinois, controlled substances are divided into five categories (or “schedules”) based on their accepted medical use and potential for abuse or addiction. These schedules, which are in accordance with federal law, are as follows:

Schedule I: Drugs with no accepted medical use and a high potential for abuse (e.g. heroin, LSD, ecstasy).

Schedule II: Drugs with a high potential for abuse and severe psychological or physical dependence (e.g. cocaine, methamphetamine, oxycodone).

Schedule III: Drugs with a low to moderate potential for abuse and moderate to low physical dependence or high psychological dependence (e.g. anabolic steroids, codeine).

Schedule IV: Drugs with low potential for abuse and low risk of dependency (e.g. Xanax, Valium).

Schedule V: Drugs with the lowest potential for abuse and limited amounts of certain narcotics (e.g., cough syrup with codeine).

The schedules affect prescription medications in Illinois by determining which drugs can be legally prescribed by a doctor and which ones require special approval from the state or Federal government. For example, Schedule I drugs cannot be prescribed in Illinois, while those in Schedules II-V can be once the requirements set forth by the Illinois Department of Financial and Professional Regulation are met.

How do I dispose of expired or unused prescription medications in a safe and legal manner in Illinois?

In Illinois, the safest and most legal way to dispose of expired or unused prescription medications is by taking them to a medication drop-off location. These locations are often available at local police or fire stations, pharmacies, health clinics, community events, or state-sponsored drop boxes. Residents may also mail their medications or contact their local health department for more information on medication disposal.

Are there restrictions on the prescription of opioid painkillers due to the opioid epidemic in Illinois?

Yes, in 2020 Illinois implemented several new restrictions on opioid prescriptions in response to the opioid epidemic. These restrictions include requiring practitioners to check the Prescription Monitoring Program before prescribing opioids, limiting opioid prescriptions to seven-day supplies for acute pain and imposing a four-day supply restriction on certain opioids such as hydrocodone.

What is the process for obtaining a prescription for medical marijuana in Illinois?

1. Obtain a written certification from a physician registered with the Illinois Department of Public Health. The physician must be in good standing with the IDPH and be licensed to practice medicine in the state of Illinois.

2. Submit an application to the Illinois Department of Public Health, which includes the written certification from the physician, physician’s contact information, and proof of Illinois residency.

3. Once your application is approved, you will receive a medical cannabis registry card from the state with instructions for purchasing medical cannabis from a dispensary.

4. Visit a dispensary licensed by the state and purchase medical cannabis with your registry card and valid form of identification.

Are there limitations on the quantity of prescription medications that can be dispensed in Illinois?

Yes, there are limitations on the quantity of prescription medications that can be dispensed in Illinois. The Illinois Department of Financial and Professional Regulation (IDFPR) requires that in most cases, prescriptions for controlled substances may not exceed a 30-day supply. The maximum quantity allowed for a single prescription may not exceed a 90-day supply. Special restrictions may apply if the medication is a Schedule II controlled substance or if the medication is a controlled substance that is being used to treat pain.

Is there a prescription drug monitoring program (PDMP) to prevent prescription drug abuse in Illinois?

Yes, Illinois has a statewide PDMP called the Illinois Prescription Monitoring Program (PMP). The PMP is a secure online database that collects information about controlled substances dispensed by Illinois pharmacies, and allows healthcare professionals to track and report prescription drug use to help prevent potential misuse and abuse of prescription drugs.

Can I legally purchase syringes and needles for personal use without a prescription in Illinois?

No. In the state of Illinois, syringes and needles must be obtained with a valid prescription from a licensed medical provider for personal use.

What are the penalties for possessing controlled substances without a valid prescription in Illinois?

In Illinois, possession of controlled substances without a valid prescription is considered a felony. The penalties for this offense vary depending on the type and amount of the controlled substance, and can range from probation or supervised release all the way to up to 30 years in prison and fines of up to $500,000.

Is there a Good Samaritan law that provides immunity to individuals who seek help for a drug overdose in Illinois?

Yes. In 2013, the Illinois General Assembly passed the “Good Samaritan Overdose act,” which provides immunity from criminal prosecution for those who seek medical assistance in response to a drug overdose. Additionally, the law provides immunity for those who are present during an overdose, whether they are the one using drugs or not.

Do state laws allow for the sale of over-the-counter (OTC) pseudoephedrine products, and are there quantity restrictions in Illinois?

Yes, state laws in Illinois allow for the sale of over-the-counter (OTC) pseudoephedrine products, but there are quantity restrictions. According to the Illinois State Police, individuals are limited to purchasing up to 3.6 grams (approximately 120 30-mg tablets) of pseudoephedrine per day and up to 9 grams (approximately 300 30-mg tablets) per 30 days.

Are there restrictions on the sale of certain cough syrups containing dextromethorphan (DXM) to prevent abuse in Illinois?

Yes. Under the Illinois Controlled Substances Act, the sale of any cough syrup containing dextromethorphan (DXM) to anyone under the age of 18 is prohibited. All retail establishments selling products that contain DXM are required to post signage stating this restriction.

What are the regulations for methadone clinics and medication-assisted treatment (MAT) programs in Illinois?

The regulations for methadone clinics and medication-assisted treatment (MAT) programs in Illinois are established by the Illinois Department of Human Services, Division of Alcoholism and Substance Abuse. The regulations are detailed in the Methadone Clinic Licensure and Operations Act (210 ILCS 86) and provide guidance on areas such as licensing, staffing, patient care, and record keeping. The regulations also require that methadone clinics and MAT programs comply with all applicable federal and state laws, including the Controlled Substances Act.

Can I legally purchase or possess synthetic cannabinoids (spice or K2) in Illinois?

No, synthetic cannabinoids (spice or K2) are illegal to possess and purchase in Illinois. The possession or sale of synthetic cannabinoids is a criminal offense under the Illinois Controlled Substances Act.

What are the penalties for selling or trafficking illegal drugs in Illinois?

Under Illinois law, the penalties for selling, manufacturing, or trafficking in illegal drugs vary greatly depending on the drug in question, the amount of the drug involved, and other factors such as prior criminal history. Generally speaking, penalties can range from probation or short-term imprisonment to much longer prison sentences. Additional consequences may include fines, mandatory drug treatment programs, and/or a driver’s license suspension.

Are there laws that address drug testing in the workplace in Illinois?

Yes, there are laws that address drug testing in the workplace in Illinois. The Illinois Drug Free Workplace Act requires employers with 25 or more employees to implement a drug and alcohol testing program. The Act outlines specific rules for how and when employers can test employees for drugs and alcohol, and prohibits employers from discriminating against employees who test positive or refuse to take a drug test. Additionally, some industries, such as transportation, have more stringent drug testing laws and regulations. Employers should familiarize themselves with all applicable laws and regulations before implementing a drug testing program.

Can I legally possess drug paraphernalia, such as pipes or bongs, for personal use in Illinois?

No. Possession of drug paraphernalia in Illinois is a criminal offense under 720 ILCS 600/3.5. Possessing drug paraphernalia can result in a misdemeanor charge that carries a maximum penalty of one year in jail and a fine up to $2,500.

Are there restrictions on the sale of prescription drugs through online pharmacies in Illinois?

Yes, there are restrictions on the sale of prescription drugs through online pharmacies in Illinois. All online pharmacies must be licensed by the Illinois Department of Financial and Professional Regulation, and must have valid registrations with the U.S. Drug Enforcement Administration (DEA). Furthermore, all online pharmacies must comply with all other applicable laws, including the Illinois Controlled Substances Act and the Food, Drug, and Cosmetic Act. All medications must be prescribed by a licensed health care provider and dispensed only to a patient with a valid prescription.

Do state laws require pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses in Illinois?

Yes, state laws in Illinois require pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses. The Illinois Department of Public Health has issued a standing order for pharmacies to dispense naloxone to individuals at risk for an opioid-related overdose, and family members or friends of individuals at risk.

What are the regulations for the storage and handling of controlled substances in healthcare facilities in Illinois?

The regulations for the storage and handling of controlled substances in healthcare facilities in Illinois are established by the Illinois Controlled Substances Act (720 ILCS 570/100). The Act requires that all controlled substances be stored in a secure, locked location, and that any access to the storage area be restricted to authorized personnel only. Additionally, the Act requires that all inventory records of controlled substances be kept up-to-date and that any discrepancies between the inventory and physical count of controlled substances be immediately reported to the Illinois Department of Financial and Professional Regulation. Other requirements include maintaining records of all acquisition, distribution, and disposal of controlled substances, disposing of any expired or unused controlled substances according to state regulations, and ensuring that all personnel who handle controlled substances be properly trained and certified.

Is there a process for individuals to report suspected illegal drug activity to law enforcement in Illinois?

Yes, individuals can report suspected illegal drug activity to law enforcement in Illinois by calling 911 or their local police department. Additionally, the Drug Enforcement Administration’s Chicago Field Division also accepts anonymous tips. These can be reported online or by calling the DEA’s 24-hour hotline at 1-800-882-9539.