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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Knotts
Document Path: l:\council\bills\swb\5100cm03.doc
Companion/Similar bill(s): 3332, 3453
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Controlled substances, paraphernalia, technical changes, penalties
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/8/2003 Senate Prefiled 1/8/2003 Senate Referred to Committee on Judiciary 1/14/2003 Senate Introduced and read first time SJ-83 1/14/2003 Senate Referred to Committee on Judiciary SJ-83
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, SALE, DELIVERY, OR POSSESSION WITH INTENT TO SELL OR DELIVER PARAPHERNALIA, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-391 of the 1976 Code is amended to read:
(a)(A) It shall be is unlawful for any a person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver, or sell paraphernalia.
(b)(B) In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following shall consider:
(1) statements by an owner or by anyone in control of the object concerning its use;
(2) the proximity of the object to controlled substances;
(3) the existence of any residue of controlled substances on the object;
(4) direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law
;. The innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(5) instructions, oral or written, provided with the object concerning its use;
(6) descriptive materials accompanying the object which explain or depict its use;
(7) national and local advertising concerning it use;
(8) the manner in which the object is displayed for sale;
(9) whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(10) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(11) the existence and scope of legitimate uses for the object in the community; and
(12) expert testimony concerning its use.
(c)(C) Any A person who is convicted of, pleads guilty to, or pleads nolo contendere to found guilty of violating the provisions of this section shall be subject to a civil fine of is guilty of a misdemeanor and, upon conviction, must be fined not more than five two hundred dollars or imprisoned not more than thirty days. except that A corporation shall be is subject to a civil fine of not more than fifty thousand dollars . Imposition of such fine which shall may not give rise to any disability or legal disadvantage based on a conviction for a criminal offense."
SECTION 2. This act takes effect upon approval by the Governor.
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