South Carolina Code of Laws
Chapter 53 - Poisons, Drugs And Other Controlled Substances
Section 44-53-370. Prohibited acts A; penalties.

(a) Except as authorized by this article it shall be unlawful for any person:
(1) to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue;
(2) to create, distribute, dispense, deliver, or purchase, or aid, abet, attempt, or conspire to create, distribute, dispense, deliver, or purchase, or possess with intent to distribute, dispense, deliver, or purchase a counterfeit substance.
(b) A person who violates subsection (a) with respect to:
(1) a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both. For a second offense, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. For a third or subsequent offense, the offender must be imprisoned not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this subsection for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d), may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted;
(2) any other controlled substance classified in Schedule I, II, or III, flunitrazepam or a controlled substance analogue, is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted, and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d), may have the sentence suspended and probation granted, and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted;
(3) a substance classified in Schedule IV except for flunitrazepam is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than three years or fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the person is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than six thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this subsection for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d), may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted;
(4) a substance classified in Schedule V is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than one year or fined not more than one thousand dollars, or both. In the case of second or subsequent offenses, the sentence must be twice the first offense. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d), may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted.
(c) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article.
(d) A person who violates subsection (c) with respect to:
(1) a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years or fined not more than five thousand dollars, or both. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits;
(2) any other controlled substance classified in Schedules I through V is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than one thousand dollars, or both. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than two thousand dollars, or both, except as provided in subsection (d)(4). Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits;
(3) cocaine is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. For a first offense, the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than twelve thousand five hundred dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits;
(4) possession of more than: one gram of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish, fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, fifteen tablets, capsules, dosage units, or the equivalent quantity of 3, 4-methylenedioxymethamphetamine (MDMA), or twenty milliliters or milligrams of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid, is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Sections 17-22-10 through 17-22-160. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits.
When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable.
(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:
(1) ten pounds or more of marijuana is guilty of a felony which is known as "trafficking in marijuana" and, upon conviction, must be punished as follows if the quantity involved is:
(a) ten pounds or more, but less than one hundred pounds:
1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;
2. for a second offense, a term of imprisonment of not less than five years nor more than twenty years, no part of which may be suspended nor probation granted, and a fine of fifteen thousand dollars;
3. for a third or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) one hundred pounds or more, but less than two thousand pounds, or one hundred to one thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(c) two thousand pounds or more, but less than ten thousand pounds, or more than one thousand marijuana plants, but less than ten thousand marijuana plants regardless of weight, 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) ten thousand pounds or more, or ten thousand marijuana plants, or more than ten thousand marijuana plants regardless of weight, 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;
(2) ten grams or more of cocaine or any mixtures containing cocaine, as provided in Section 44-53-210(b)(4), is guilty of a felony which is known as "trafficking in cocaine" and, upon conviction, must be punished as follows if the quantity involved is:
(a) ten grams or more, but less than twenty-eight grams:
1. 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;
2. 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;
3. 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:
1. 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;
2. 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;
3. 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;
(3) four grams or more of any morphine, opium, salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing any of these substances, is guilty of a felony which is known as "trafficking in illegal drugs" and, upon conviction, must be punished as follows if the quantity involved is:
(a) four grams or more, but less than fourteen grams:
1. 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;
2. for a second or subsequent offense, a mandatory minimum 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;
(b) fourteen grams or more but less than twenty-eight grams, a mandatory 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;
(c) twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;
(4) fifteen grams or more of methaqualone is guilty of a felony which is known as "trafficking in methaqualone" and, upon conviction, must be punished as follows if the quantity involved is:
(a) fifteen grams but less than one hundred fifty grams:
1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;
2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) one hundred fifty grams but less than fifteen 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 twenty-five thousand dollars;
(c) fifteen hundred grams but less than fifteen kilograms, 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) fifteen kilograms 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;
(5) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of lysergic acid diethylamide (LSD) is guilty of a felony which is known as "trafficking in LSD" and, upon conviction, must be punished as follows if the quantity involved is:
(a) one hundred dosage units or the equivalent quantity, or more, but less than five hundred dosage units or the equivalent quantity:
1. 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 thousand dollars;
2. 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 or probation granted, and a fine of forty thousand dollars;
3. 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) five hundred dosage units or the equivalent quantity, or more, but less than one thousand dosage units or the equivalent quantity:
1. 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;
2. 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;
3. 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 thousand dosage units or the equivalent quantity, or more, 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;
(6) one gram or more of flunitrazepam is guilty of a felony which is known as "trafficking in flunitrazepam" and, upon conviction, must be punished as follows if the quantity involved is:
(a) one gram but less than one hundred grams:
1. for a first offense a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;
2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) one hundred grams but less than one thousand grams, a mandatory term of imprisonment of twenty years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(c) one thousand grams but less than five kilograms, 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) five kilograms 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;
(7) fifty milliliters or milligrams or more of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid is guilty of a felony which is known as "trafficking in gamma hydroxybutyric acid" and, upon conviction, must be punished as follows:
(a) for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;
(b) for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars.
A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710. Notwithstanding Section 44-53-420, a person convicted of conspiracy pursuant to this subsection must be sentenced as provided in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.
The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.
The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection.
(8) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of 3, 4-methalenedioxymethamphetamine (MDMA) is guilty of a felony which is known as "trafficking in MDMA or ecstasy" and, upon conviction, must be punished as follows if the quantity involved is:
(a) one hundred dosage units or the equivalent quantity, or more, but less than five hundred dosage units or the equivalent quantity:
(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 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 forty 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) five hundred dosage units or the equivalent quantity, or more, but less than one thousand dosage units or the equivalent quantity:
(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 thousand dosage units or the equivalent quantity, or more, 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.
(f) It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit one of the following crimes against that individual:
(1) kidnapping, Section 16-3-910;
(2) trafficking in persons, Section 16-3-2020;
(3) criminal sexual conduct in the first, second, or third degree, Sections 16-3-652, 16-3-653, and 16-3-654;
(4) criminal sexual conduct with a minor in the first, second, or third degree, Section 16-3-655;
(5) criminal sexual conduct where victim is legal spouse (separated), Section 16-3-658;
(6) spousal sexual battery, Section 16-3-615;
(7) engaging a child for a sexual performance, Section 16-3-810;
(8) petit larceny, Section 16-13-30 (A); or
(9) grand larceny, Section 16-13-30 (B).
(g) A person who violates subsection (f) with respect to:
(1) a controlled substance classified in Schedule I (B) or (C) which is a narcotic drug or lysergic acid diethylamide (LSD), or in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, must be:
(a) for a first offense, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than fifteen years nor more than thirty years, or fined not more than fifty thousand dollars, or both.
Except in the case of conviction for a first offense, the sentence in this item must not be suspended and probation must not be granted;
(2) any other controlled substance or gamma hydroxybutyrate is guilty of a felony and, upon conviction, must be:
(a) for a first offense, imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both;
(b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;
(c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than twenty-five years, or fined not more than forty thousand dollars, or both.
Except in the case of conviction for a first offense, the sentence in this item must not be suspended and probation must not be granted.
HISTORY: 1962 Code Section 32-1510.49; 1971 (57) 800, 2056; 1974 (58) 2284; 1979 Act No. 118 Section 5; 1981 Act No. 33 Sections 1, 2; 1984 Act No. 482, Section 1; 1988 Act No. 565, Section 1; 1990 Act No. 604, Sections 6, 7; 1993 Act No. 58, Section 1; 1993 Act No. 184, Sections 236-238; 1994 Act No. 497, Part II, Sections 36M, 36N; 1995 Act No. 7, Part I, Section 17; 1998 Act No. 372, Sections 1, 2, 5; 2000 Act No. 355, Sections 5 to 8; 2002 Act No. 267, Sections 2, 3, eff May 20, 2002; 2005 Act No. 127, Section 4, eff June 7, 2005; 2010 Act No. 273, Section 37, eff June 2, 2010; 2010 Act No. 289, Section 12, eff June 11, 2010; 2012 Act No. 255, Section 12, eff June 18, 2012; 2015 Act No. 7 (S.196), Section 6.G, eff April 2, 2015; 2016 Act No. 154 (H.3545), Section 8, eff April 21, 2016.

Code Commissioner's Note
At the direction of the Code Commissioner, references to "Schedule I (b) and (c)" were changed to "Schedule I (B) and (C)" to reflect the amendment of Section 44-53-190 by 2012 Act No. 140, Section 2.
Editor's Note
Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 53 - Poisons, Drugs And Other Controlled Substances

Section 44-53-10. General powers of Department of Health and Environmental Control regarding controlled substances.

Section 44-53-20. "Food" and "drug" defined.

Section 44-53-30. Persons selling certain articles to furnish samples for analysis.

Section 44-53-40. Obtaining certain drugs, devices, preparations, or compounds by fraud or deceit.

Section 44-53-50. Sale of household and commercial laundry detergent and dishwashing detergent containing phosphorus prohibited.

Section 44-53-110. Definitions.

Section 44-53-120. Duties of State Law Enforcement Division.

Section 44-53-130. Coordination of law enforcement.

Section 44-53-140. Certain communications and observations privileged.

Section 44-53-160. Manner in which changes in schedule of controlled substances made.

Section 44-53-170. Nomenclature of controlled substances in schedules.

Section 44-53-180. Tests for inclusion of substance in Schedule I.

Section 44-53-190. Schedule I.

Section 44-53-200. Tests for inclusion of substance in Schedule II.

Section 44-53-210. Schedule II.

Section 44-53-220. Tests for inclusion of substance in Schedule III.

Section 44-53-230. Schedule III.

Section 44-53-240. Tests for inclusion of substance in Schedule IV.

Section 44-53-250. Schedule IV.

Section 44-53-260. Tests for inclusion of substance in Schedule V.

Section 44-53-270. Schedule V.

Section 44-53-280. Promulgation of rules and regulations; requirement of professional license; expiration of registration; failure to renew registration; reinstatement; fees and penalties.

Section 44-53-290. Requirement of and authority granted by registration; individuals exempt from registration; registration for maintenance and detoxification treatment.

Section 44-53-300. Granting of registration.

Section 44-53-310. Grounds for denial, revocation, or suspension of registration; civil fine.

Section 44-53-320. Procedure for denial, revocation, or suspension of registration; administrative consent order.

Section 44-53-330. Copy of judgment sent to licensing board upon conviction.

Section 44-53-340. Records and inventories of registrants.

Section 44-53-350. Order forms for distribution of controlled substances.

Section 44-53-360. Prescriptions.

Section 44-53-361. Prescriptions for opioid antidotes.

Section 44-53-362. Controlled substance take-back events and mail-back programs; collectors.

Section 44-53-363. Prerequisites to issuing opioid analgesics to minors.

Section 44-53-365. Theft of controlled substance; penalty.

Section 44-53-370. Prohibited acts A; penalties.

Section 44-53-375. Possession, manufacture, and trafficking of methamphetamine and cocaine base and other controlled substances; penalties.

Section 44-53-376. Disposal of waste from production of methamphetamine; penalty; emergency or environmental response restitution; exemptions.

Section 44-53-378. Exposing child to methamphetamine.

Section 44-53-380. Prohibited acts B; penalties.

Section 44-53-390. Prohibited acts C; penalties.

Section 44-53-391. Unlawful to advertise for sale, manufacture, possess, sell or deliver, or to possess with intent to sell or deliver, paraphernalia.

Section 44-53-392. Weight of controlled substance.

Section 44-53-395. Prohibited acts; penalties.

Section 44-53-398. Sale of products containing ephedrine or pseudoephedrine; penalties; training of sales personnel.

Section 44-53-400. Penalties in article in addition to those under other laws.

Section 44-53-410. Prosecution in another jurisdiction shall be bar to prosecution.

Section 44-53-420. Attempt and conspiracy; attempt to possess; penalties.

Section 44-53-430. Appeals from orders of Department.

Section 44-53-440. Distribution to persons under eighteen.

Section 44-53-445. Distribution of controlled substance within proximity of school.

Section 44-53-450. Conditional discharge; eligibility for expungement.

Section 44-53-460. Reduced sentence for accommodation offenses.

Section 44-53-470. "Second or subsequent offense" defined; certain convictions considered prior offenses.

Section 44-53-475. Financial transactions, monetary instruments, or financial institutions involving property or proceeds of unlawful activities in narcotic drugs or controlled substances; penalties.

Section 44-53-480. Enforcement.

Section 44-53-485. Handling of seized controlled substances; use of photographs or videotapes of substances at trial; admissibility of evidence.

Section 44-53-490. Drug inspectors.

Section 44-53-500. Procedure for issuance and execution of administrative inspection warrants.

Section 44-53-520. Forfeitures.

Section 44-53-530. Forfeiture procedures; disposition of forfeited items; disposition of proceeds of sales.

Section 44-53-540. Burden of proof.

Section 44-53-550. Prosecutions prior to effective date of article.

Section 44-53-560. Repealed.

Section 44-53-570. Service of search warrants.

Section 44-53-577. Illegal acts involving persons under seventeen years of age; penalties; separate offense.

Section 44-53-582. Return of monies used to purchase controlled substances.

Section 44-53-586. Return of seized items to innocent owners; notice of hearing or rule to show cause; continuation of liens of innocent persons.

Section 44-53-590. Penalty for use of property in manner which makes it subject to forfeiture.

Section 44-53-610. Short title.

Section 44-53-620. Definitions.

Section 44-53-630. Establishment of therapeutic research program; regulations; limits as to patient eligibility.

Section 44-53-640. Patient Qualification Review Advisory Board; membership; compensation; duties.

Section 44-53-650. Director to obtain and distribute marijuana.

Section 44-53-660. Annual report.

Section 44-53-710. Exclusive control over methadone vested in Department of Health and Environmental Control.

Section 44-53-720. Restrictions on use of methadone.

Section 44-53-730. Restrictions on sale and distribution of methadone.

Section 44-53-740. Promulgation of rules and regulations.

Section 44-53-750. Autopsy on person dying while enrolled in program.

Section 44-53-760. Admission of minors to programs.

Section 44-53-810. Legislative findings.

Section 44-53-820. Establishment of DARE Fund; purpose.

Section 44-53-830. Board of directors; membership; terms.

Section 44-53-840. Board members to be reimbursed for expenses.

Section 44-53-850. Powers of board.

Section 44-53-860. Chairman; meetings; quorum.

Section 44-53-870. Director and staff; maximum administrative costs.

Section 44-53-880. Use of funds.

Section 44-53-890. Annual report.

Section 44-53-930. Retail sales shall be made only by registered pharmacists or assistant pharmacists; exception.

Section 44-53-950. Veterinarians and licensed durable medical equipment providers exception.

Section 44-53-960. Penalties.

Section 44-53-1110. Prohibition on aromatic hydrocarbons used as intoxicants.

Section 44-53-1120. Unlawful use or possession of aromatic hydrocarbons.

Section 44-53-1130. Penalties.

Section 44-53-1210. Definitions.

Section 44-53-1220. Sale of caustic or corrosive substance in misbranded parcel, package, or container prohibited.

Section 44-53-1230. Confiscation of misbranded caustic or corrosive substance parcels, packages, or containers.

Section 44-53-1240. Enforcement; approval of brands and labels.

Section 44-53-1250. Penalties.

Section 44-53-1310. Short title.

Section 44-53-1320. Definitions.

Section 44-53-1350. Exemptions.

Section 44-53-1360. Program for early diagnosis of cases of childhood lead poisoning; examinations; records.

Section 44-53-1370. Childhood lead poisoning prevention education program.

Section 44-53-1380. Notification of incidents of lead poisoning.

Section 44-53-1390. Investigation of lead poisoning case reports; right of entry.

Section 44-53-1400. Warrants for purpose of conducting investigation; oath or affirmation showing probable cause; contents of warrant.

Section 44-53-1430. Notice of identification of lead-based hazard; order that it be remediated; appeals.

Section 44-53-1440. Restriction on rental; existing occupants.

Section 44-53-1450. Regulations.

Section 44-53-1460. Legal actions not affected.

Section 44-53-1480. Penalties.

Section 44-53-1485. Civil penalties.

Section 44-53-1490. Private causes of action; action by municipality.

Section 44-53-1495. Funding contingency.

Section 44-53-1510. Definition of "anabolic steroid"; exceptions.

Section 44-53-1520. Unprofessional conduct to dispense under certain circumstances.

Section 44-53-1530. Possessing anabolic steroids without a prescription, or prescribing anabolic steroids, by nonpractitioner, pharmacist, or veterinarian unlawful; penalties.

Section 44-53-1550. What constitutes a prior offense.

Section 44-53-1610. Citation of article.

Section 44-53-1620. Purpose.

Section 44-53-1630. Definitions.

Section 44-53-1640. Authority to establish and maintain prescription monitoring program; electronic submission of information by dispensers; exemptions.

Section 44-53-1645. Requirement to review patient's prescription history.

Section 44-53-1650. Confidentiality; persons to whom data may be released.

Section 44-53-1655. Practitioner prescription report cards.

Section 44-53-1660. Contract for administration by other state agency or private vendor.

Section 44-53-1670. Promulgation of regulations.

Section 44-53-1680. Violations and penalties.

Section 44-53-1810. Definitions.

Section 44-53-1820. FDA approved clinical trials to treat patients who have certain forms of epilepsy with cannabidiol; principal investigators; subinvestigators.

Section 44-53-1830. Cannabidiol for use in clinical trials.

Section 44-53-1840. Immunity.

Section 44-53-1910. Definitions.

Section 44-53-1920. Limited immunity for a person who seeks medical assistance for another.

Section 44-53-1930. Limited immunity for overdose victim.

Section 44-53-1940. Decision to seek medical assistance a mitigating factor.

Section 44-53-1950. Limitation of immunity to allow prosecution for other crimes arising out of the drug or alcohol-related overdose.

Section 44-53-1960. Construction of article.

Section 44-53-1970. Civil and criminal immunity for law enforcement officers.