720 ILCS 570/404 – Look-Alike Substances
This law makes it illegal to make, sell, or have fake drugs that look like real ones.
This Illinois law says it’s against the law to create, sell, or even have fake drugs that look like real controlled substances. People who break this law can face fines and criminal charges depending on what they did.
(a) Definitions: For this section:
- “Advertise” means trying to get someone to buy or promise to buy a fake drug, through ads, messages, or any kind of promotion.
- “Distribute” means giving out or delivering fake drugs to others.
- “Manufacture” means making or packaging fake drugs, including labeling or relabeling them.
(b) It is illegal to knowingly make, give out, advertise, or plan to give out fake drugs.
Sentence: This is a Class 3 felony, and the fine can be up to $150,000.
(c) It is illegal to knowingly have fake drugs.
Sentence: The first offense is a petty offense. A repeat offense is a Class C misdemeanor.
(d) Saying that someone thought the fake drug was a real one is not a valid excuse in court.
(e) This law does not apply to:
- Making or selling non-drug substances to licensed doctors for research or practice use as placebos.
- Law enforcement officers doing their jobs properly.
- Keeping old production samples of non-drug substances that were made before this law took effect if federal law requires those samples.
(f) This law also does not apply to people who legally make or sell real drugs under proper federal registration.
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