CONT SUB-FETYNAL-PENALTIES

104th Regular Session Introduced by Neil Anderson and 6 co-sponsors

Raises mandatory penalties when any amount of fentanyl is involved, adding 5 years for manufacturing/delivery and 3 years for possession (excluding fentanyl itself).

Added as Co-Sponsor Sen. Chris Balkema

SB 1569 — CONT SUB‑FETANYL‑PENALTIES (720 ILCS 570/401; 570/402)

Status & Timeline
- Introduced: Feb. 24, 2025 (Sen. Sally J. Turner).
- Amends: Illinois Controlled Substances Act (720 ILCS 570/401 and 570/402).
- Legislative action: Passed both chambers; signed by the Governor on May 24, 2025.
- Effective date: September 1, 2025.
- Related/companion bills: HB 4136 and HB 1308.
- Co‑sponsors added during consideration (examples noted in record).

Purpose / Intent
- Increase and clarify enhanced sentencing for drug offenses when the controlled substance involved contains any amount of fentanyl (including trace amounts). The bill targets both higher‑level distribution/manufacture offenses and certain possession offenses that involve fentanyl admixture.

Key provisions (plain language)
1. Section 401 (manufacture, delivery, or possession with intent to deliver/manufacture)
- Where an offense involves a controlled substance that "contains any amount of fentanyl," the bill increases the previously prescribed additional term of imprisonment from 3 years to 5 years for the covered knowing manufacture or delivery, or possession with intent to manufacture or deliver.
- (Section 401 remains the main statutory framework listing weights/penalty ranges for Class X felonies; the bill specifically adjusts the fentanyl‑related enhancement.)

Section 402 (knowing possession of a controlled substance)

For persons sentenced for knowing possession of a controlled substance where the substance “contains any amount of fentanyl,” the bill provides that — excluding situations where the controlled substance is fentanyl itself — an additional 3 years shall be added to the term of imprisonment imposed by the court and the maximum sentence for the offense shall be increased by 3 years.
In other words, when a non‑fentanyl controlled substance contains fentanyl, the possession sentence receives a 3‑year enhancement (and the statutory maximum is increased correspondingly).

Who is affected
- Criminal defendants convicted under 720 ILCS 570/401 (manufacture/delivery/possession with intent) and 720 ILCS 570/402 (simple possession) when the substance involved contains any amount of fentanyl.
- Prosecutors and defense counsel (charging and plea negotiations may be influenced by the presence or allegation of fentanyl admixture).
- Sentencing courts required to apply the new mandatory enhancements.
- State corrections system (possible increases in average sentence length and related incarceration costs).

Practical implications & considerations
- The law treats the presence of any amount of fentanyl — even trace levels — as a basis for a mandatory sentence enhancement for specified offenses, which may increase prison terms and state correctional costs.
- The requirement to prove presence of fentanyl (or to allege it in charging instruments) may prompt increased forensic testing and prosecutorial focus on fentanyl admixture.
- The statute distinguishes (1) fentanyl‑specific manufacture/delivery offenses (5‑year enhancement) and (2) possession of other controlled substances that contain fentanyl (3‑year enhancement).
- Courts and practitioners will need to apply the amended statutory language beginning Sept. 1, 2025.

Statutory citations
- Amends: 720 ILCS 570/401 and 720 ILCS 570/402 (Illinois Controlled Substances Act).