South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

S. 118

STATUS INFORMATION

General Bill
Sponsors: Senator Ritchie
Document Path: l:\council\bills\ms\7072ahb05.doc

Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Lawful for a person to own, possess, or use and object of tangible personal property for a lawful purpose

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2004  Senate  Prefiled
  12/15/2004  Senate  Referred to Committee on Judiciary
   1/11/2005  Senate  Introduced and read first time SJ-141
   1/11/2005  Senate  Referred to Committee on Judiciary SJ-141
   2/10/2005  Senate  Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, 
                        Lourie

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/15/2004

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-15 SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON TO OWN, POSSESS, OR USE AN OBJECT OR ITEM OF TANGIBLE PERSONAL PROPERTY FOR A LAWFUL PURPOSE UNLESS IT IS UNLAWFUL TO GROW, PRODUCE, MANUFACTURE, PACKAGE, SHIP, DISTRIBUTE, OR SELL THE OBJECT OR ITEM, AND TO PROVIDE THAT A PERSON MAY NOT BE CONVICTED OF A CRIMINAL OFFENSE BASED SOLELY UPON OWNERSHIP OR POSSESSION OF AN ITEM OF TANGIBLE PERSONAL PROPERTY UNLESS IT IS UNLAWFUL TO GROW, PRODUCE, MANUFACTURE, PACKAGE, SHIP, DISTRIBUTE, SELL, USE, OR CONSUME THE ITEM FOR ITS INTENDED PURPOSE.

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

SECTION    1.    Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-15.    (A)    Notwithstanding this chapter or another provision of law, it is not unlawful for a person to own, possess, or use an object or item of tangible personal property for a lawful purpose unless it is unlawful to grow, produce, manufacture, package, ship, distribute, or sell the object or item.

(B)    Except as provided in this section, a person may not be convicted of a criminal offense based solely upon ownership or possession of an item of tangible personal property unless it is unlawful to grow, produce, manufacture, package, ship, distribute, sell, use, or consume the item for its intended purpose.

(C)    Nothing in this section provides justification or excuse in a civil action for a person who purchases, acquires, owns, possesses, uses, or consumes a foodstuff, beverage, product, or an item of tangible personal property that may not be lawfully grown, produced, manufactured, packaged, shipped, distributed, or sold in this State.

(D)    Nothing in this section excuses or provides a defense in a criminal prosecution for a person charged with a violation of a state law that regulates or prohibits ownership, possession, use, or consumption of a foodstuff, beverage, product, or item by a person:

(1)    at anytime;

(2)    at certain times or places specified in the law;

(3)    under a certain age or within an age group specified in the law;

(4)    with criminal or unlawful intent specified in the law;

(5)    for an unlawful purpose; or

(6)    under prohibited circumstances specifically described in the law.

(E)    Nothing in this section excuses or provides a defense in a criminal prosecution for a person charged with a violation of a federal law that regulates or prohibits ownership, possession, use, or consumption of a foodstuff, beverage, product, or item by a person."

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

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