Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 1079

STATUS INFORMATION

General Bill
Sponsors: Senators Alexander and L. Martin
Document Path: l:\s-gen\drafting\tca\013meth.jd.tca.docx

Introduced in the Senate on January 21, 2010
Currently residing in the Senate Committee on Judiciary

Summary: Ephedrine, pseudoephedrine or phenylpropanolamine

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/21/2010  Senate  Introduced and read first time SJ-4
   1/21/2010  Senate  Referred to Committee on Judiciary SJ-4
    2/1/2010  Senate  Referred to Subcommittee: Hutto (ch), Rose, Shoopman

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/21/2010

TO AMEND SECTION 44-53-375 OF THE 1976 CODE, RELATING TO POSSESSION OF PRODUCTS CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR PHENYLPROPANOLAMINE, TO REDUCE THE MINIMUM UNLAWFUL POSSESSION FROM TWELVE TO NINE GRAMS.

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

SECTION    1.    Section 44-53-375(E)(1) of the 1976 Code is amended to read:

"(E)(1) It is unlawful for any person, other than a manufacturer, practitioner, dispenser, distributor, or retailer to knowingly possess any product that contains twelve nine grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances. A person who violates this subsection is guilty of a felony and, upon conviction, must be punished as follows if the quantity involved is:

(a)    twelve nine grams or more, but less than twenty-eight grams:

(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-five 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 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 nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b)    twenty-eight grams or more, but less than one hundred grams:

(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 hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d)    two hundred grams or more, but less than four hundred grams, 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;

(e)    four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars."

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

This web page was last updated on Monday, October 10, 2011 at 12:17 P.M.