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Form 720 Illinois Cook: What You Should Know
B) Sentence. Unauthorized possession of a controlled substance of any substance listed in paragraph (1) or (2) of subsection (a) is a Class 4 felony. If, at the time of the offense, the defendant had a prior offense involving a controlled substance listed in subsection (a) and it is shown by the preponderance of the evidence that the prior conviction was for a violation of a drug law, the person shall be prosecuted for a violation of a drug law. (d) As used in this section, the following definitions shall apply: (1) “Prescription” means the nameplate or other proof, stamped by the prescribing physician or dentist and accepted by the pharmacy, pharmacist, or other qualified person of the prescription for the controlled substance being possessed. (2) “Compounding” means manufacturing by a professional pharmacist or any other person in such a way that the act of compounding, rather than the manufacture of the substance, is the object of the drug transaction. The act or acts of compounding shall not be deemed to be a violation of a drug law.
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