HB2804 introduced to create/expand Class X fentanyl provisions and add packaging-based and device-use enhancements

Illinois HB2804 (104th GA) proposes amendments to the Illinois Controlled Substances Act to establish or expand Class X felony treatment for certain fentanyl-involved selling/dispensing conduct, add a separate Class 1 felony provision tied to using an electronic communication device in furtherance of fentanyl-related trafficking, and add additional sentencing enhancement concepts based on form/packaging (e.g., product forms resembling consumer candy/branding). Compliance relevance: if enacted, it would increase criminal exposure associated with fentanyl-containing substances and introduce new enhancement triggers that could affect enforcement and compliance risk assessments.