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Illinois Compiled Statutes

720 ILCS 570/404 (2026)

(a) For the purposes of this Section:         (1) "Advertise" means the attempt, by publication,     dissemination, solicitation or circulation, to induce directly or indirectly any person to acquire, or enter into an obligation to acquire, any substance within the scope of this Section

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(720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
    Sec. 404. (a) For the purposes of this Section:
        (1) "Advertise" means the attempt, by publication,
    
dissemination, solicitation or circulation, to induce directly or indirectly any person to acquire, or enter into an obligation to acquire, any substance within the scope of this Section.
        (2) "Distribute" has the meaning ascribed to it in
    
subsection (s) of Section 102 of this Act but as relates to look-alike substances.
        (3) "Manufacture" means the producing, preparing,
    
compounding, processing, encapsulating, packaging, repackaging, labeling or relabeling of a look-alike substance.
    (b) It is unlawful for any person knowingly to manufacture, distribute, advertise, or possess with intent to manufacture or distribute a look-alike substance. Any person who violates this subsection (b) shall be guilty of a Class 3 felony, the fine for which shall not exceed $150,000.
    (c) It is unlawful for any person knowingly to possess a look-alike substance. Any person who violates this subsection (c) is guilty of a petty offense. Any person convicted of a subsequent offense under this subsection (c) shall be guilty of a Class C misdemeanor.
    (d) In any prosecution brought under this Section, it is not a defense to a violation of this Section that the defendant believed the look-alike substance actually to be a controlled substance.
    (e) Nothing in this Section applies to:
        (1) The manufacture, processing, packaging,
    
distribution or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.
        (2) Persons acting in the course and legitimate scope
    
of their employment as law enforcement officers.
        (3) The retention of production samples of
    
noncontrolled substances produced prior to the effective date of this amendatory Act of 1982, where such samples are required by federal law.
    (f) Nothing in this Section or in this Act applies to the lawful manufacture, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(Source: P.A. 83-1362.)

    
Notes of Decisions
Cited in 26 cases (6 in the last 5 years), 1994–2026 · leading case: People v. Cochran, 753 N.E.2d 1155 (Ill. App. Ct. 2001).
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People v. Cochran, 753 N.E.2d 1155 (Ill. App. Ct. 2001). · cites it 5× “See 720 ILCS 570/404 (West 1998). However, we are not persuaded that the legislature’s failure to reenact the preamble means that it intended to withdraw the rationales endorsed by Upton.”
People v. Newberry, 652 N.E.2d 288 (Ill. 1995). · cites it 2× “1404(b) (now 720 ILCS 570/404(b) (West 1992))). A subsequent laboratory test conducted approximately one month after Newberry's arrest reached a contrary result.”
People v. Jones, 675 N.E.2d 99 (Ill. 1996). · cites it 2× “720 ILCS 570/404 et seq. (West 1992). Whether the untested packets in the instant case may have contained cocaine or mere look-alike substances is pure conjecture.”
People v. Jones, 749 N.E.2d 466 (Ill. App. Ct. 2001). · cites it 2× “Jones, was convicted of unlawful possession of a look-alike substance with intent to distribute on public housing property (720 ILCS 570/404(b), 407(b)(3) (West 1998)).”
People v. Coleman, 2015 IL App (4th) 131045 (Ill. App. Ct. 2015). “After all, the sale of look-alike substances, or pseudo narcotics, was common enough that the legislature had passed a statute criminalizing their sale (720 ILCS 570/404 (West 1992)). Jones, 174 Ill.”
Desai v. Mukasey, 520 F.3d 762 (7th Cir. 2008). “On March 6, 2002, Desai was charged with Unlawful Delivery of a Look-Alike Substance in violation of Illinois law, 720 ILCS 570/404(b). He pled guilty to this class 3 felony and received probation.”
People v. Anderson, 848 N.E.2d 98 (Ill. App. Ct. 2006). “Anderson, appeals his conviction of armed violence predicated on possession with intent to distribute a look-alike substance (720 ILCS 5/33A — 2(a) (West 2002); 720 ILCS 570/404(b) (West 2002)). Defendant argues: (1) the predicate felony was not proved because the substance he…”
People v. Daly, 792 N.E.2d 446 (Ill. App. Ct. 2003). “On November 28, 2000, defendant Daly was charged with two counts of unlawful delivery of a controlled substance (720 ILCS 570/ 401(c) (West 2000)) and one count of unlawful distribution of a lookalike substance (720 ILCS 570/404(b) (West 2000)). Attorney Endres was appointed to…”
People v. Newberry, 638 N.E.2d 1196 (Ill. App. Ct. 1994). · cites it 2× “1404(b) (now 720 ILCS 570/404(b) (West 1992))). The charge was nol-prossed pursuant to a motion by the State, and the defendant was reindicted on different charges involving the same substance.”
People v. Effler, 811 N.E.2d 291 (Ill. App. Ct. 2004). “” The second clause of section 8 — 2(c) applies to certain enumerated misdemeanors and other offenses, such as those prohibited by section 404 or 406(b) of the Illinois Controlled Substances Act (720 ILCS 570/404, 406(b) (West 2000)), and it is relevant to this case only in that…”
United States v. Edmond Green, 458 F. App'x 568 (7th Cir. 2012). “See 720 ILCS 570/404(b). The district court — over Green’s objection — applied U.”
People v. Cochran (Ill. App. Ct. 2001). · cites it 5× “See 720 ILCS 570/404 (West 1998). However, we are not persuaded that the legislature's failure to reenact the preamble means that it intended to withdraw the rationales endorsed by Upton .”
Show all 26 citing cases →
— 720 ILCS 570/404(b) — 21 cases
People v. Cochran, 753 N.E.2d 1155 (Ill. App. Ct. 2001). “See 720 ILCS 570/404 (West 1998). However, we are not persuaded that the legislature’s failure to reenact the preamble means that it intended to withdraw the rationales endorsed by Upton.”
People v. Newberry, 652 N.E.2d 288 (Ill. 1995). “1404(b) (now 720 ILCS 570/404(b) (West 1992))). A subsequent laboratory test conducted approximately one month after Newberry's arrest reached a contrary result.”
People v. Jones, 749 N.E.2d 466 (Ill. App. Ct. 2001). “Jones, was convicted of unlawful possession of a look-alike substance with intent to distribute on public housing property (720 ILCS 570/404(b), 407(b)(3) (West 1998)).”
Desai v. Mukasey, 520 F.3d 762 (7th Cir. 2008). “On March 6, 2002, Desai was charged with Unlawful Delivery of a Look-Alike Substance in violation of Illinois law, 720 ILCS 570/404(b). He pled guilty to this class 3 felony and received probation.”
People v. Anderson, 848 N.E.2d 98 (Ill. App. Ct. 2006). “Anderson, appeals his conviction of armed violence predicated on possession with intent to distribute a look-alike substance (720 ILCS 5/33A — 2(a) (West 2002); 720 ILCS 570/404(b) (West 2002)). Defendant argues: (1) the predicate felony was not proved because the substance he…”
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