Download This Version in Microsoft Word format
TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-270 of the 1976 Code is amended to read:
"Section 44-53-270. (a)(A) The following controlled substances listed in this section are included in Schedule V.:
(b)(1) any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1)(a) not more than 200 milligrams of codeine per 100 milliliter or per 100 grams;
(2)(b) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3)(c) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4)(d) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5)(e) not more than 100 milligrams of opium per 100 milliliters or per 100 grams. ;
(6)(f) not more than one-half milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.
(2) Any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts or optical isomers. If any compound, mixture, or preparation as specified in this item is dispensed, sold, or distributed in a pharmacy:
(a) it must be dispensed, sold, or distributed only by a licensed pharmacist or a licensed pharmacy technician;
(b) any person purchasing, receiving, or acquiring any such compound, mixture, or preparation shall produce a photo identification showing the date of birth of the person, and the person shall sign a written log or receipt showing the date of the transaction, name of the person, and the amount of the compound, mixture, or preparation;
(c) a person may not purchase, receive, or acquire more than nine grams of any product, mixture, or preparation within any thirty-day period. However, this limit does not apply to any quantity of this product, mixture, or preparation dispensed pursuant to a valid prescription.
Any compounds, mixtures, or preparations which are in liquid, liquid capsule, or gel capsule form and which pseudoephedrine is not the only active ingredient are not Schedule V controlled substances.
(B) The Director of the Department of Health and Environmental Control may exempt other products from this schedule if the director finds they are not used in the illegal manufacture of methamphetamine or other controlled dangerous substances. A manufacturer of a drug product may apply for removal of the product from the schedule if the product is determined by the director to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:26 P.M.