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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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