View Amendment Current Amendment: JUD0078.001.DOCX to Bill 78     The COMMITTEE ON JUDICIARY proposed the following amendment (JUD0078.001):

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION 1.     Section 44-53-160 of the 1976 Code is amended to read:

    "Section 44-53-160. (A)(1) Annually, within thirty days after the convening of each regular session of the General Assembly, the Department shall recommend to the General Assembly any additions, deletions, or revisions in the schedules of controlled substances, enumerated in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270, which it the Department deems necessary. The Except as otherwise provided in this section, the Department shall not make any additions, deletions, or revisions in such the schedules until after notice and an opportunity for a hearing is afforded to all interested parties. In making a recommendation to the General Assembly regarding a substance, the Department shall consider the following:
            (a) The the actual or relative potential for abuse;
            (b) The the scientific evidence of its the substance's pharmacological effect, if known;
            (c) State the state of current scientific knowledge regarding the substance;
            (d) The the history and current pattern of abuse;
            (e) The the scope, duration, and significance of abuse;
            (f) The the risk to the public health;
            (g) The the potential of the substance to produce psychic or physiological dependence liability; and
            (h) Whether whether the substance is an immediate precursor of a substance already controlled under this Division pursuant to this chapter.
        (2) After considering the above factors listed in subsection (A)(1), the Department shall make a recommendation to the General Assembly, specifying to what schedule the substance should be added, deleted, or rescheduled, if it the Department finds that the substance has a potential for abuse.
    (3)(B) During Except as otherwise provided in this section, during the time the General Assembly is not in session, the Department may by rule add, delete, or reschedule a substance as a controlled substance after providing for notice and a hearing to all interested parties. The addition, deletion, or rescheduling of a substance pursuant to this subsection has the full force of law unless overturned by the General Assembly. Upon the adoption of such rule addition, deletion, or rescheduling of a substance, the Department shall forward copies of the change to the chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, and the Military, Public and Municipal Affairs Committee and the Judiciary Committee of the House of Representatives, and to the Clerks of the Senate and House and to the Chairman of the Joint Legislative Committee on Drugs and Narcotics, and shall post the schedules on the Department's website indicating the change and specifying the effective date of the change.
(4)(C) If any a substance is added, deleted, or rescheduled as a controlled substance under pursuant to federal law or regulation, the department Department shall by rule, at its the first regular or special meeting of the South Carolina Board of Health and Environmental Control at least thirty days after publication in the federal register of the final order designating the substance as a controlled substance or rescheduling or deleting the substance, add, delete, or reschedule the substance into in the appropriate schedule, such rule having. The addition, deletion, or rescheduling of a substance by the Department pursuant to this subsection has the full force of law unless overturned by the General Assembly. This rule issued The addition, deletion, or rescheduling of a substance by the department shall Department pursuant to this subsection must be in substance identical with the order published in the federal register effecting the change in federal status of the substance. The department shall notify the General Assembly in writing of the change in federal law or regulation and of the corresponding change in South Carolina law Upon the addition, deletion, or rescheduling of a substance, the Department shall forward copies of the change to the chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Military, Public and Municipal Affairs Committee and the Judiciary Committee of the House of Representatives, and to the Clerks of the Senate and House, and shall post the schedules on the Department's website indicating the change and specifying the effective date of the change.
(5)(D) The Department shall exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act and the law laws of this State, be lawfully sold over the counter without a prescription.
    (E) The Department's addition, deletion, or rescheduling of a substance as a controlled substance is governed by this section and is not subject to the promulgation requirements of Title 1, Chapter 23."

    SECTION     2.     Section 44-53-190(d) of the 1976 Code is amended to read:

    "(d)     Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such the salts, isomers, and salts of isomers is possible within the specific chemical designation:
        1.     3,4-methylenedioxy amphetamine;
        2.     5-methoxy-3,4-methylenedioxy amphetamine;
        3.     3,4-methylenedioxymethamphetamine (MDMA);
        4.     3,4,5-trimethoxy amphetamine;
        5.     Bufotenine;
        6.     Diethyltryptamine (DET);
        7.     Dimethyltryptamine (DMT);
        8.     4-methyl-2,5-dimethoxyamphetamine (STP);
        9.     Ibogaine;
        10.     Lysergic acid diethylamide (LSD);
        11.     Marijuana;
        12.     Mescaline;
        13.     Peyote;
        14.     N-ethyl-3-piperidyl benzilate;
        15.     N-methyl-3-piperidyl benzilate;
        16.     Psilocybin;
        17.     Psilocyn;
        18.     Tetrahydrocannabinols (THC);
        19.     2,5-dimethoxyamphetamine;
        20.     4-bromo-2,5-dimethoxyamphetamine;
        21.     4-methoxyamphetamine;
        22.     Thiophene analog of phencyclidine;
        23.     Parahexyl; and
        24.     Synthetic cannabinoids, including, but not limited to, JWH-018, JWH-073, JWH-200, CP-47,497 and homologues, and HU-210."

    SECTION     3.     The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

    SECTION     4.     This act takes effect upon approval by the Governor.         /

    Renumber sections to conform.
    Amend title to conform.