South Carolina General Assembly
114th Session, 2001-2002

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Bill 4629


                    Current Status

Bill Number:                      4629
Ratification Number:              331
Act Number:                       267
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020131
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison, McGee, Lucas and McLeod
Drafted Document Number:          l:\council\bills\nbd\11133ac02.doc
Date Bill Passed both Bodies:     20020508
Date of Last Amendment:           20020501
Governor's Action:                S
Date of Governor's Action:        20020520
Subject:                          "Ecstasy" (MDMA), included as a 
                                  Schedule I controlled substance; penalties for 
                                  illegally possessing or trafficking in


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020603  Act No. A267
------  20020520  Signed by Governor
------  20020514  Ratified R331
House   20020508  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20020502  Read third time, returned with
                  amendment
------  20020502  Scrivener's error corrected
Senate  20020501  Amended, read second time
Senate  20020410  Committee report: Favorable            11 SJ
Senate  20020305  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020301  Read third time, sent to Senate
House   20020228  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
------  20020228  Scrivener's error corrected
House   20020227  Committee report: Favorable            25 HJ
House   20020227  Co-Sponsor added (Rule 5.2) by Rep.            McLeod
House   20020131  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on February 27, 2002 - Word format
Revised on February 28, 2002 - Word format
Revised on April 10, 2002 - Word format
Revised on May 1, 2002 - Word format
Revised on May 2, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A267, R331, H4629)

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.

__________


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