H*4629(Rat #0331, Act #0267 of 2002)  General Bill, By Harrison, McGee, Lucas and 
McLeod
 A BILL TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, CODE OF LAWS OF
 SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES
 RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR
 VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO
 KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE, TO PROVIDE PENALTIES
 FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT
 CONVEYANCES USED IN TRANSPORTING, CONCEALING, CONTAINING, POSSESSING, OR
 MANUFACTURING THIS DRUG ARE SUBJECT TO FORFEITURE.-amended title

   01/31/02  House  Introduced and read first time HJ-3
   01/31/02  House  Referred to Committee on Judiciary HJ-4
   02/27/02  House  Member(s) request name added as sponsor: McLeod
   02/27/02  House  Committee report: Favorable Judiciary HJ-13
   02/28/02  House  Read second time HJ-21
   02/28/02  House  Unanimous consent for third reading on next
                     legislative day HJ-22
   03/01/02  House  Read third time and sent to Senate HJ-2
   03/05/02  Senate Introduced and read first time SJ-7
   03/05/02  Senate Referred to Committee on Judiciary SJ-7
   04/10/02  Senate Committee report: Favorable Judiciary SJ-17
   05/01/02  Senate Amended SJ-23
   05/01/02  Senate Read second time SJ-23
   05/02/02  Senate Read third time and returned to House with
                     amendments SJ-28
   05/08/02  House  Concurred in Senate amendment and enrolled HJ-57
   05/14/02         Ratified R 331
   05/20/02         Signed By Governor
   06/05/02         Act No. 267
   07/03/02         Effective date 05/20/02
   07/03/02         Copies available

AN ACT TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE, TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING, CONCEALING, CONTAINING, POSSESSING, OR MANUFACTURING THIS DRUG ARE SUBJECT TO FORFEITURE.

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

Schedule I controlled substances, "ecstasy" added

SECTION 1. 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 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. Tetrahydrocannabinol (THC)

19. 2,5-dimethoxyamphetamine

20. 4-bromo-2,5-dimethoxyamphetamine

21. 4-Methoxyamphetamine

22. Thiophene analog of phencyclidine

23. Parahexyl."

Penalties related to unlawful possession of controlled substances, "ecstasy" added

SECTION 2. Section 44-53-370(d)(3) of the 1976 Code, is amended to read:

"(3) possession of more than: ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish, fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, fifteen tablets, capsules, dosage units, or the equivalent quantity of 3, 4-methylenedioxymethamphetamine (MDMA), or twenty milliliters or milligrams of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid, is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Sections 17-22-10 through 17-22-160. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both.

When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable."

Penalties for violations relating to "ecstasy"

SECTION 3. Section 44-53-370(e) of the 1976 Code is amended by adding at the end:

"(8) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of 3, 4-methalenedioxymethamphetamine (MDMA) is guilty of a felony which is known as 'trafficking in MDMA or ecstasy' 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:

(i) 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;

(ii) 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;

(iii) 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:

(i) 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;

(ii) 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;

(iii) 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."

Forfeiture of conveyances used in connection with illegal transporting etc. of controlled substances, "ecstasy" added

SECTION 4. Section 44-53-520(a)(6) of the 1976 Code, is amended to read:

"(6) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used or intended for use unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, manufacture, or transportation of controlled substances and their compounds, except as otherwise provided, must be forfeited to the State. No motor vehicle may be forfeited to the State under this item unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(a), involving at least one pound or more of marijuana, one pound or more of hashish, more than four grains of opium, more than two grains of heroin, more than four grains of morphine, more than ten grains of cocaine, more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, more than ten grains of crack, or more than one gram of ice or crank, as defined in Section 44-53-110, or unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(e) or fifteen tablets, capsules, dosage units, or the equivalent quantity of 3, 4-methylenedioxymethamphetamine (MDMA);"

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2002.

Approved the 20th day of May, 2002.