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COMMITTEE REPORT
March 7, 2006
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, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson
S. Printed 3/7/06--S.
Read the first time January 18, 2006.
To whom was referred a Bill (H. 3591) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 44-53-398(C) page 2, Line 9 by deleting /retail distributor/ and inserting /retailer/.
Amend the bill, further, by deleting Section 44-53-398(D) on page 2 and inserting:
/(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 retailer that delivers or sells products containing ephedrine or pseudoephedrine pursuant to subsection (A) must retain this log for two years after which the log may be destroyed. The log must be made available for inspection within twenty-four hours of a request made by a local, state, or federal law enforcement officer. A log retained by a retailer is confidential and not a public record as defined in Section 30-4-20(C) of the Freedom of Information Act./
Amend the bill, further, by deleting Section 44-53-398(H)(4) on page 3 and inserting:
/(4)(a) A person who wilfully and knowingly violates subsection (D) is guilty of a misdemeanor and, upon conviction for a first offense must be fined not less than one hundred dollars and not more than two hundred dollars. Upon conviction for a second offense, a person must be fined not less than two hundred dollars and not more than three hundred dollars. Upon conviction for a third or subsequent offense, a person must be imprisoned not more than six months or fined not more than one thousand dollars, or both. A violation of subsection(D) is limited to the place of business where the violation occurred and to the person charged with the violation. If a retailer is accused of a violation of subsection (D), proof that the retailer has provided to all persons having authority to deliver or sell products, as provided in subsection (D), a methamphetamine awareness or education program, which must include the provisions of this section, is prima facie evidence that the store has complied with the provisions of this section.
(b) A violation of subsection (D) is limited to the place of business where the violation occurred and to the person charged with the violation. /
Amend the bill, further, Section 44-53-398, page 4, immediately after line 2 by inserting:
/(I) For purposes of this section:
(1) 'person' means an individual who is employed by an establishment where products containing pseudoephedrine are available for sale;
(2) 'retailer' mans an entity that is the general owner of an establishment where pseudoephedrine products are available for sale./
Amend the bill, further, by deleting Section 44-53-376(C) on page 5 and inserting:
/(C) 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.
(D) 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./
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. (A) Five years after this act's effective date the chairman of the Senate Medical Affairs Committee, or his designee, shall convene a study committee comprised of:
(1) four members of the Senate Medical Affairs Committee, appointed by the Chairman of the committee;
(2) four members of the House Medical, Military, Public and Municipal Affairs Committee, appointed by the chairman of the committee;
(3) the director of the Department of Health and Environmental Control, or a designee;
(4) the President of the Board of Pharmacy, or a designee;
(5) the President of the South Carolina Pharmacy Association, or a designee;
(6) a representative of the National Association of Chain Drug Stores, appointed by the Chairman of the Senate Medical Affairs and the House Medical, Military, Public and Municipal Affairs Committee;
(7) the President of the South Carolina Retailers Association, or a designee;
(8) the Director of the South Carolina Law Enforcement Division, or a designee.
(B) The committee shall elect a chairman from among the members of the committee. The committee shall review the implementation and application of this act during the five years it has remained in effect and shall submit a report, including recommendations for legislative changes, if any, to the Senate Medical Affairs Committee and the Medical, Military, Public and Municipal Affairs Committee before January 1, 2012.
(C) Members of the study committee are entitled to mileage, per diem, and subsistence as provided in law for members of state boards, committees, and commissions.
(D) The study committee is abolished at such time as it submits the report required pursuant to subsection (B)./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
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. 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. 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 4. This act takes effect six months after approval by the Governor.
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