H 3635 General Bill, By J. Rama, J.J. Bailey, Cork, R.C. Fulmer, H.M. Hallman, 
D.N. Holt, Sheheen, Wilkins and D.A. Wright
 A Bill to amend Section 44-53-370, as amended, Code of Laws of South Carolina,
 1976, relating to offenses for trafficking in controlled substances, so as to
 make it unlawful to traffic in Lysergic Acid Diethylamide (LSD) and to provide
 penalties.

   02/28/91  House  Introduced and read first time HJ-24
   02/28/91  House  Referred to Committee on Judiciary HJ-24

A BILL

TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 44-53-370(e) of the 1976 Code, as last amended by Act 604 of 1990, is further amended by adding:

"(5) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of lysergic acid diethylamide (LSD) is guilty of a felony which is known as `trafficking in LSD' and, upon conviction, must be punished as follows if the quantity involved is:

(a) one hundred dosage units or the equivalent quantity, or more, but less than five hundred dosage units or the equivalent quantity:

1. for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty thousand dollars;

2. for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended or probation granted, and a fine of forty thousand dollars;

3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b) five hundred dosage units or the equivalent quantity, or more, but less than one thousand dosage units or the equivalent quantity:

1. for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

2. for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c) one thousand dosage units or the equivalent quantity, or more, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars."

SECTION 2. This act takes effect upon approval by the Governor.