Ill. Pattern Jury Instr. (Criminal) 17.33B

The term

“look-alike substance” means

[1] a substance, other than a co ntrolled substance, which by overall dosage unit

appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any

other identifying physical characteristics of the substance, would lead a reasonable person to

believe that the substance is a controlled substance.

[or]

[2] a substa

nce, other than a controlled substance, which is expressly or impliedly

represented to be a controlled substance or is distributed under circumstances which would lead a

reasonable person to believe that the substance is a controlled substance. In determining whether

a substance has been so represented or distributed you should consider all relevant factors[,

including

[a] statements made by the owner or person in control of the substance concerning

its nature, use or effect

[b] statements made to the buyer or recipient that the substance may be resold for

profit

[c] whether the substance is packaged in a manner normally used for the illegal

distribution of controlled substances

[d] whether the distribution or attempted distribution included an exchange of or

demand for money or other property in return for the substance, and whether the value of

the money or property was substantially greater than the reasonable retail market value of

the substance].

A controlled substance is an illegal drug which it is unlawful to possess, manufacture, or

deliver under the Illinois Controlled Substance Act. [____[(is a) (are)] controlled substance[s].]

Committ

ee Note

720 ILCS

570/102(y) (West, 1999) (formerly Ill.Rev.Stat. ch. 561/2, §1102(y)).

The sta

tutory definition of a look- alike substance contains a number of exceptions which

are not included in this instruction. (Section 570/102(y).) When the evidence shows that those

statutory exceptions are at issue, this instruction must be modified.

Insert

in the blank the names of any controlled substance or substances which the

look-alike drug is said to resemble.

Use appl

icable paragraphs and bracketed material.

The bra

cketed numbers and letters are present s olely for the guidance of court and

counsel and should not be included in the instruction submitted to the jury.

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