South Carolina Code of Laws
Chapter 52 - Alcohol And Drug Abuse Commitment
Section 44-52-165. Patients receiving alcohol and drug addiction services prohibited from possessing alcohol, firearms, weapons, or drugs; penalties; unlawful to allow.

(A) It is unlawful for a patient receiving inpatient services in a program under the jurisdiction of the division in a treatment facility operated by the South Carolina Department of Mental Health to possess alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. A patient who violates the provisions of this section while in a treatment facility is guilty, in the case of:
(1) alcoholic beverages, of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned for not more than thirty days;
(2) controlled substances, of a misdemeanor and, upon conviction, must be punished in accordance with Section 44-53-370;
(3) firearms or dangerous weapons, of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both.
(B) A person who intentionally or negligently allows a patient, as defined in subsection (A), access to or possession of items in violation of that subsection or who attempts to furnish:
(1) alcoholic beverages or controlled substances, is guilty of a felony and, upon conviction, must be fined not less than one hundred nor more than ten thousand dollars or imprisoned not more than ten years, or both;
(2) firearms or dangerous weapons, is guilty of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned not less than one nor more than ten years, or both.
HISTORY: 1990 Act No. 389, Section 1; 1993 Act No. 184, Section 72.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 52 - Alcohol And Drug Abuse Commitment

Section 44-52-5. Statement of policy.

Section 44-52-10. Definitions.

Section 44-52-20. Voluntary admission.

Section 44-52-30. Discharge of voluntary patient.

Section 44-52-40. Release of voluntary patient.

Section 44-52-50. Procedure for emergency admission.

Section 44-52-60. Preliminary judicial review of emergency admission; patient's attorney's access to documents.

Section 44-52-65. Transfer of patients under emergency commitment.

Section 44-52-70. Involuntary commitment; examination; report; commencement of judicial proceedings.

Section 44-52-80. Involuntary commitment; notice of hearing.

Section 44-52-90. Contents of report; background investigation; counsel to have access to reports.

Section 44-52-110. Involuntary commitment; conduct of hearing and effect of findings.

Section 44-52-120. Involuntary commitment; period of treatment.

Section 44-52-130. Transfer of patient.

Section 44-52-140. Release of patient for temporary leave of absence.

Section 44-52-150. Reconfinement of involuntarily committed patient who has left treatment facility without permission.

Section 44-52-160. Violation of conditions of release; supplemental proceedings and recommitment.

Section 44-52-165. Patients receiving alcohol and drug addiction services prohibited from possessing alcohol, firearms, weapons, or drugs; penalties; unlawful to allow.

Section 44-52-200. Authority of State Department of Mental Health.

Section 44-52-210. Comprehensive program for chemically dependent persons.