(A) It is unlawful for a person to obtain or attempt to obtain a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by:
(1) fraud, deceit, misrepresentation, or subterfuge;
(2) forgery or alteration of a prescription;
(3) falsification in any manner of any record of sale required by law;
(4) use of a false name or the giving of a false address;
(5) concealment of a material fact; or
(6) falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both for a first offense. Conviction for a second or subsequent offense, is a felony and the person must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
A person must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused.
HISTORY: 1962 Code Section 32-1453.2; 1973 (58) 768; 1976 Act No. 679, Section 1; 1993 Act No. 184, Section 73.
Structure South Carolina Code of Laws
Chapter 53 - Poisons, Drugs And Other 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 44-53-110. 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 44-53-300. Granting of registration.
Section 44-53-310. Grounds for denial, revocation, or suspension of registration; civil fine.
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 44-53-378. Exposing child to methamphetamine.
Section 44-53-380. Prohibited acts B; penalties.
Section 44-53-390. Prohibited acts C; penalties.
Section 44-53-392. Weight of controlled substance.
Section 44-53-395. Prohibited acts; penalties.
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 44-53-480. Enforcement.
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 44-53-540. Burden of proof.
Section 44-53-550. Prosecutions prior to effective date of article.
Section 44-53-570. Service of search warrants.
Section 44-53-582. Return of monies used to purchase controlled substances.
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 44-53-640. 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 44-53-720. 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 44-53-950. Veterinarians and licensed durable medical equipment providers exception.
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 44-53-1240. 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 44-53-1370. 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 44-53-1440. 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 44-53-1550. What constitutes a prior offense.
Section 44-53-1610. Citation of article.
Section 44-53-1630. Definitions.
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 44-53-1830. Cannabidiol for use in clinical trials.
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 44-53-1960. Construction of article.
Section 44-53-1970. Civil and criminal immunity for law enforcement officers.