Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 24, 2005
H. 3591
Introduced by Reps. Brady, J.E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E.H. Pitts, M.A. Pitts, Taylor, Umphlett, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates and Leach
S. Printed 5/24/05--H.
Read the first time February 17, 2005.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 53, Title 44 of the 1976 Code, is amended by adding:
"Section 44-53-398. (A) Products whose sole active ingredient is ephedrine or pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent.
(B) No person may deliver in any single over the counter sale more than three packages of any product containing ephedrine or pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of ephedrine or pseudoephedrine base.
(C) It is unlawful for a retail distributor to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.
(D) Persons delivering or selling products containing ephedrine or pseudoephedrine pursuant to subsection (A) shall require the purchaser to produce a government issued photo identification showing the date of birth of the person and require the purchaser to sign a written or electronic log showing the date of the transaction, name of the person, the person's address, and the amount of the compound, mixture, or preparation. A retail distributor that delivers or sells products containing ephedrine or pseudoephedrine pursuant to subsection (A) must transmit this log every sixty days to the State Law Enforcement Division in a manner required by the division.
(E) Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.
(F) This section does not apply to:
(1) pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions; and
(2) products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors.
(G) This section preempts all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006 this section preempts all local ordinances.
(H)(1) Except as otherwise provided in this section, it is unlawful for a person knowingly to violate any prohibition contained in subsection (A), (B), (C), (D) or (E).
(2) A person convicted of a violation of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense must be fined not more than five hundred dollars, and, upon conviction for a second or subsequent offense must be imprisoned not more than six months or fined not more than one thousand dollars, or both. If a retail distributor is accused of a violation of subsection (B), proof that the retail distributor has engaged a methamphetamine awareness or education program in the store is prima facie evidence that the store has complied with the provisions of this section.
(3) A person convicted of a violation of subsection (C), upon conviction for a first offense, is guilty of a misdemeanor and must be imprisoned not more than one year or fined not more than one thousand dollars, or both. Upon conviction for a second or subsequent offense, is guilty of a misdemeanor and must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
(4) A person convicted of a violation of subsection (D) is guilty of a misdemeanor and, upon conviction for a first offense must be fined not more than five hundred dollars. Upon conviction for a second or subsequent offense, a person must be imprisoned not more than six months or fined not more than one thousand dollars, or both. If a retail distributor is accused of a violation of subsection (D), proof that the retail distributor has engaged a methamphetamine awareness or education program in the store is prima facie evidence that the store has complied with the provisions of this section.
(5) A person convicted of a violation of subsection (E) is guilty of a felony and, upon conviction for a first offense must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not less than ten thousand dollars."
SECTION 2. Subarticle 1, Article 3, Chapter 20, Title 7 of the 1976 Code is amended by adding:
"Section 20-7-105. (A) It is unlawful for a person who is eighteen years of age or older to:
(1) either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufacture amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor child; or
(2) knowingly permit a child to be in an environment where a person is selling, offering for sale, or having in such person's possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or attempt to manufacture amphetamine or methamphetamine; or
(3) knowingly permit a child to be in an environment where drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture amphetamine or methamphetamine.
(B) A person who violates subsection (A)(1), (2), or (3), upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, the person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both."
SECTION 3. Section 44-53-375 of the 1976 Code is amended by adding at the end:
"(E)(1) Except as otherwise authorized by this section, any person who possesses any two or more different substances listed in this subsection with the intent to manufacture methamphetamine, methcathinone or amphetamine is guilty of a felony: liquefied ammonia gas, ephedrine, ether, hypophosphorus acid solutions, hydroiodic acid, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorous, methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, trichloroethane, sodium thiosulphate, freon, ether, acetone, methanol, bynzyl chloride, acetaldehyde, form amide, chloroform, ethanol, palladium black, thionyl chloride, pent phosphorous chloride, lithium aluminum hydride or 2-propanone.
(2) A person convicted of a violation of subsection (E)(1) is guilty of a felony and, upon conviction for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a second or subsequent offense, upon conviction, a person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both.
(F) The term 'methamphetamine precursor drug', when used in this section, means a drug or product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers.
(G) If a person is convicted of a violation of this section, in a manner that requires an emergency or environmental response, the person convicted must be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response. The convicted person shall make the restitution in addition to any other fine or penalty required by law."
SECTION 4. Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-376. (A) It is unlawful for a person to knowingly cause to be disposed any waste from the production of methamphetamine or knowingly assist, solicit, or conspire with another to dispose of methamphetamine waste.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, a person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both.
(C) Exempt from the provisions of this section are the individuals, entities, agencies, law enforcement groups, and those otherwise authorized, who are lawfully tasked with the proper disposal of the waste created from methamphetamine production.
SECTION 5. This act takes effect six months after approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:26 P.M.