(A) It is a defense to any action brought pursuant to this chapter that the person who possessed with the intent to distribute or distributed an illegal controlled substance did so under the authority of law as a licensed physician or practitioner, as an ultimate user of the illegal controlled substance pursuant to a lawful prescription, or as a person otherwise authorized by law.
(B) A law enforcement officer or agency, the State, or any person acting at the direction of a law enforcement officer or agency of the State is not liable for participating in the marketing of an illegal controlled substance, if the participation is in furtherance of an official investigation.
HISTORY: 1999 Act No. 62, Section 1.
Structure South Carolina Code of Laws
Chapter 54 - Drug Dealer Liability Act
Section 44-54-10. Short title.
Section 44-54-30. Definitions.
Section 44-54-50. Actions by individual users; damages recoverable.
Section 44-54-60. Assignment of cause of action.
Section 44-54-70. Responsibility for damages; level of offense.
Section 44-54-80. Multiple parties to action; relief according to respective liabilities.
Section 44-54-90. Joinder of claims and persons; recovery against person joined.
Section 44-54-100. Standard of proof; effect of conviction for distribution of controlled substance.
Section 44-54-110. Defenses; liability of law enforcement officer or agency.
Section 44-54-120. Seizure of property; injunctions.
Section 44-54-130. Prescription of cause of action
Section 44-54-140. Continuance pending completion of criminal investigation.