south carolina new drug laws 2022

Section 44-53-370(e)(3) of the 1976 Code is amended to read: "(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 controlled substance classified in Schedule I (b) and (c) which is a narcotic drug and in Schedule II which is a narcotic drug, not otherwise specifically provided for in this section, 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;". 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 subsection (A), 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. Orangeburg, Richland, Kershaw, Dillon and Horry counties. How Do South Carolina Drivers Rank in Comparison to Drivers Nationwide? Section 44-53-360(j) of the 1976 Code, as added by Act 201 of 2018, states, in part: The bill takes away those minimums and allows judges to sentence people to probation for trafficking. Among the three that were not overridden was a House-initiated measure seeking partisan school board elections in Lancaster County. If an inmate sentenced to a local detention facility or upon the public works of any county in this State, even when temporarily confined, held, detained, or placed in any facility which is not under the direct control of the local detention facility, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the inmate. Instead of 10 grams of cocaine, the weight is increased to 28 grams, which would make South Carolina more in line with other state laws. (Travis Bell/STATEHOUSE CAROLINA) By Andy Brack | The S.C. General Assembly passed 129 new laws during the 2022 session, including measures to spend lots of money, redraw legislative districts, allow early voting, ban vaccine mandates and keep transgender students from playing women's sports. (vi) a practitioner who writes a prescription for a controlled substance included in Schedules II through V for a patient who is being discharged from a hospital, emergency department, or urgent care. Marijuana is not legal in South Carolina. Drug Control Laws Effective as of January 1, 2021. 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. Another law bans transgender students from playing womens high school and college sports. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. The Solomon Law Group understands. (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 twenty 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 twenty pounds or more, but less than one two 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 fifteen 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 not more than twenty years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars; (b) one two hundred pounds or more, but less than two one thousand pounds, or more than one hundred to one thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five not more than fifteen years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars; (c) two one 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 not more than twenty 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 twenty-eight 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 twenty-eight grams or more, but less than twenty-eight one hundred 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 more than fifteen 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 twenty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars; (b) twenty-eight one hundred grams or more, but less than one four hundred grams: 1. for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five fifteen 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 twenty 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 twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars; (c) one four hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five not more than twenty 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 ten years, no part of which may be suspended nor probation granted, and or a fine of not more than fifty thousand dollars, or both; 2. for a second or subsequent offense, a mandatory minimum term of imprisonment of twenty-five not more than fifteen 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 not more than fifteen 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 twenty years, no part of which may be suspended nor probation granted, and or a fine of two hundred thousand dollars, or both; (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: 2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five not more than fifteen 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 not more than twenty 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 or more, a mandatory term of imprisonment of twenty-five not more than 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 fifteen years, no part of which may be suspended or probation granted, and a fine of forty thousand dollars; (b) five hundred dosage units or the equivalent quantity, or more, but less than one thousand dosage units or the equivalent quantity: 3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less more 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; (b) one hundred grams but less than one thousand grams, a mandatory term of imprisonment of not more than 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 or more, a mandatory term of imprisonment of twenty-five not more than twenty 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 not more than fifteen years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars. DHEC is required to establish and maintain a program to monitor the administering of opioid antidotes pursuant to Sections 44-130-60 and 44-130-80. TO AMEND SECTION 24-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARLY RELEASE OF AN INMATE, SO AS TO REDUCE THE PERCENTAGE OF TIME AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MUST SERVE BEFORE HE MAY BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION FROM EIGHTY-FIVE PERCENT TO SIXTY-FIVE PERCENT FOR CERTAIN DRUG OFFENSES, AND TO PROVIDE THIS REDUCTION APPLIES TO INMATES CURRENTLY INCARCERATED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 44-53-370, RELATING TO THE UNLAWFUL POSSESSION, MANUFACTURE, AND TRAFFICKING OF CONTROLLED SUBSTANCES, SO AS TO REVISE THE PENALTIES AND WEIGHT PRESUMPTIONS, AND ELIMINATE MANDATORY MINIMUM SENTENCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE UNLAWFUL POSSESSION, MANUFACTURE, AND TRAFFICKING OF METHAMPHETAMINE, COCAINE BASE, OR OTHER CONTROLLED SUBSTANCES, SO AS TO REVISE THE PENALTIES AND WEIGHT PRESUMPTIONS, AND ELIMINATE MANDATORY MINIMUM SENTENCES. (v) a person licensed to practice veterinary medicine pursuant to Chapter 69, Title 40; or (C)(1) After a health care facility, as defined in Section 44-7-130, submits the name, address, and date of birth of a person to whom an opioid antidote was administered as required by subsection (A), Drug Control shall verify whether any prescription history of the person appears in the prescription monitoring program and, if prescription history exists, shall document for review by a practitioner or an authorized delegate the date on which the opioid antidote was administered to the person. Medical and Recreational. Nothing in this section may be construed to allow an inmate convicted of murder or an inmate prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. South Carolina Restaurant Week. Continuing the efforts to combat the opioid epidemic in South Carolina, the Governor signed H.3728 into law on May 16, 2019, with an effective date of January 1, 2021. To find the most recent list of meetings at the Statehouse in Columbia, please visit these pages: South Carolina's leading online legislative and policy forecast. Lawmakers approved a resolution calling for a convention of the states to make amendments to the United States Constitution on fiscal restraints on the federal government as well as limits on its power, terms of members and jurisdiction. Reapportionment. Rising overdose deaths were driven by an increased presence of fentanyl. Document Path: l:\council\bills\bh\7319ahb21.docx Not the News. Pandemic relief spending. The General Assembly finds that all the provisions contained in this act relate to one subject as required by Section 17, Article III of the South Carolina Constitution, 1895, in that each provision relates directly to or in conjunction with other sections to the subject of sentencing reform. We tried to just bring ourselves in line, he said. The first judge refused to sentence her to the mandatory minimum but also also couldnt sentence her to probation because of current law. (Photo by NICHOLAS KAMM/AFP via Getty Images) (CNSNews.com) - Rep. James Comer (R-Ky.), the chairman of the House Oversight and Accountability Committee, says Hunter Biden lived at the Delaware house his father calls home for "at . South Carolina weed laws are extremely strict, with no indication of change on a non-medical level. Both medical and recreational use is prohibited. SECTION 8. If youd like a free trial, click on the image below to send us your email address. Henry McMaster to become law. (2) name, address, and date of birth of the person to whom the opioid antidote was administered. Also known as ISO, isotonitazene has been identified in toxicology reports for overdose deaths that have . (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 five years or fined not more than twenty-five thousand dollars, or both. South Carolina General Assembly 124th Session, 2021-2022. Real-time updates and all local stories you want right in the palm of your hand. 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 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. Religious Freedom Act. Every year, there are new laws passed. For a second 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 seven thousand five hundred dollars, or both. Section 44-53-370(e) of the 1976 Code is amended by adding an appropriately numbered item at the end to read: "( ) four grams or more of any fentanyl or fentanyl-related substance, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing fentanyl or any fentanyl-related substance, is guilty of a felony which is known as 'trafficking in fentanyl' and, upon conviction, may be punished as follows: 1. for a first offense, a term of imprisonment of not more than ten years, or a fine of not more than fifty thousand dollars, or both; 2. for a second or subsequent offense, a term of imprisonment not more than fifteen years and a fine of one hundred thousand dollars; (b) fourteen grams or more but less than twenty-eight grams, a term of imprisonment of not more than fifteen years and a fine of two hundred thousand dollars; (c) twenty-eight grams or more, a term of imprisonment of not more than twenty years or a fine of two hundred thousand dollars, or both;". He says they destroyed millions in legal crops. 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. Magic mushrooms are not legal in South Carolina. Legislators authorized more than $2 billion of spending of federal pandemic relief monies, including $453 million to the state Department of Transportation to speed road projects, $900 million to the Rural Infrastructure Authority for community water and sewer improvements, and $400 million to the Office of Regulatory Staff to extend broadband networks. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. These laws are usually based on the classifications of drugs in the federal Controlled Substances Act. A Q&A guide to drug testing law for private employers in South Carolina. Recreational use is prohibited. Not The News. Possession of 1 ounce (28 grams) or less . 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 four grams of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains ten grains of opium, four ten grains of morphine, two ten grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce ten ounces of marijuana, ten one hundred grams of hashish, fifty one hundred micrograms of lysergic acid diethylamide (LSD) or its compounds, fifteen tablets, capsules, dosage units, or the equivalent quantity four grams 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. Companion/Similar bill(s): 207, Introduced in the House on January 12, 2021 This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and. 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. (8) one hundred tablets, capsules, dosage units, or the equivalent quantity, twenty-eight grams 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, twenty-eight grams or more, but less than five hundred dosage units or the equivalent quantity one hundred 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 thousand dollars; (ii) for a second offense, a term of imprisonment of not less than five years nor more than thirty fifteen 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 twenty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars; (b) five one hundred dosage units or the equivalent quantity, grams or more, but less than one thousand dosage units or the equivalent quantity four hundred grams: (i) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five fifteen 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 twenty 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 twenty-five 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, four hundred grams or more, a mandatory term of imprisonment of twenty-five not more than twenty years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars. 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