1 South Carolina General Assembly 2 115th Session, 2003-2004 3 4 S. 910 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senator Moore 10 Document Path: l:\s-jud\bills\moore\jud0122.tlm.doc 11 12 Introduced in the Senate on February 4, 2004 13 Currently residing in the Senate Committee on Judiciary 14 15 Summary: Methamphetamine, manufacturing of is a violent crime; also deals with possession of 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 2/4/2004 Senate Introduced and read first time SJ-26 22 2/4/2004 Senate Referred to Committee on Judiciary SJ-26 23 24 25 VERSIONS OF THIS BILL 26 27 2/4/2004 28 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO 13 VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF 14 MANUFACTURING METHAMPHETAMINE AS A VIOLENT 15 CRIME; TO AMEND SECTION 44-53-110, RELATING TO 16 THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND 17 THE DEFINITION OF “PARAPHERNALIA”, ADD THE 18 DEFINITIONS OF “COCAINE BASE” AND 19 “METHAMPHETAMINE”, AND DELETE THE DEFINITION 20 OF “CRACK COCAINE, ICE, OR CRANK”; TO AMEND 21 SECTION 44-53-210, RELATING TO SCHEDULE II DRUGS, 22 SO AS TO INCLUDE EPHEDRINE, PSEUDOEPHEDRINE, 23 AND PHENYLPROPANOLAMINE AS IMMEDIATE 24 PRECURSORS TO SCHEDULE II DRUGS; TO AMEND 25 SECTION 44-53-365, RELATING TO THEFT OF 26 CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT 27 OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 28 44-53-375, RELATING TO THE MANUFACTURE OF 29 METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF 30 EQUIPMENT USED IN THE MANUFACTURE OF 31 METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE 32 INTENT TO MANUFACTURE, AND TO INCLUDE A 33 PUNISHMENT SCHEDULE FOR POSSESSION OF 34 EPHEDRINE, PSEUDOEPHEDRINE, AND 35 PHENYLPROPANOLAMINE. 36 37 Be it enacted by the General Assembly of the State of South 38 Carolina: 39 40 SECTION 1. Section 16-1-60 of the 1976 Code, as last amended 41 by Act 92 of 2003, is further amended to read: 42

1 [910] 1 1 “Section 16-1-60. For purposes of definition under South 2 Carolina law, a violent crime includes the offenses of: murder 3 (Section 16-3-10); criminal sexual conduct in the first and second 4 degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct 5 with minors, first and second degree (Section 16-3-655); assault 6 with intent to commit criminal sexual conduct, first and second 7 degree (Section 16-3-656); assault and battery with intent to kill 8 (Section 16-3-620); kidnapping (Section 16-3-910); voluntary 9 manslaughter (Section 16-3-50); armed robbery (Section 10 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); 11 carjacking (Section 16-3-1075); drug trafficking, as defined in 12 Sections Section 44-53-370(e) and 44-53-375(C); manufacturing 13 or trafficking methamphetamine as defined in Section 44 - 53 - 375; 14 arson in the first degree (Section 16-11-110(A)); arson in the 15 second degree (Section 16-11-110(B)); burglary in the first degree 16 (Section 16-11-311); burglary in the second degree (Section 17 16-11-312(B)); engaging a child for a sexual performance (Section 18 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); 19 aiding and abetting homicide by child abuse (Section 16-3-85(A) 20 (2)); inflicting great bodily injury upon a child (Section 21 16-3-95(A)); allowing great bodily injury to be inflicted upon a 22 child (Section 16-3-95(B)); criminal domestic violence of a high 23 and aggravated nature (Section 16-25-65); abuse or neglect of a 24 vulnerable adult resulting in death (Section 43-35-85(F)); abuse or 25 neglect of a vulnerable adult resulting in great bodily injury 26 (Section 43-35-85(E)); accessory before the fact to commit any of 27 the above offenses (Section 16-1-40); attempt to commit any of the 28 above offenses (Section 16-1-80); and taking of a hostage by an 29 inmate (Section 24-13-450). Only those offenses specifically 30 enumerated in this section are considered violent offenses.” 31 32 SECTION 2. Section 44-53-110 of the 1976 Code is amended to 33 read: 34 35 “Section 44-53-110. As used in this article and Sections 36 44-49-10, 44-49-40, and 44-49-50: 37 ‘Administer’ means the direct application of a controlled 38 substance, whether by injection, inhalation, ingestion, or any other 39 means, to the body of a patient or research subject by: 40 (1) a practitioner (or, in his presence, by his authorized agent), 41 or 42 (2) the patient or research subject at the direction and in the 43 presence of the practitioner.

1 [910] 2 1 ‘Agent’ means an authorized person who acts on behalf of or at 2 the direction of a manufacturer, distributor, or dispenser, except 3 that this term does not include a common or contract carrier, public 4 warehouseman, or employee of the carrier or warehouseman, when 5 acting in the usual or lawful course of the carrier’s or 6 warehouseman’s business. 7 ‘Bureau’ means the Bureau of Narcotics and Dangerous Drugs, 8 United States Department of Justice, or its successor agency. 9 ‘Commission’ means the South Carolina Commission on 10 Alcohol and Drug Abuse. 11 ‘Confidant’ means a medical practitioner, a pharmacist, a 12 pharmacologist, a psychologist, a psychiatrist, a full-time staff 13 member of a college or university counseling bureau, a guidance 14 counselor or a teacher in an elementary school or in a junior or 15 senior high school, a full-time staff member of a hospital, a duly 16 ordained and licensed member of the clergy, accredited Christian 17 Science practitioner, or any professional or paraprofessional staff 18 member of a drug treatment, education, rehabilitation, or referral 19 center who has received a communication from a holder of the 20 privilege. 21 ‘Controlled substance’ means a drug, substance, or immediate 22 precursor in Schedules I through V in Sections 44-53-190, 23 44-53-210, 44-53-230, 44-53-250, and 44-53-270. 24 ‘Controlled substance analogue’ means a substance that is 25 intended for human consumption and that either has a chemical 26 structure substantially similar to that of a controlled substance in 27 Schedules I, II, or III or has a stimulant, depressant, analgesic, or 28 hallucinogenic effect on the central nervous system that is 29 substantially similar to that of a controlled substance in Schedules 30 I, II, or III. Controlled substance analogue does not include a 31 controlled substance; any substance generally recognized as safe 32 and effective within the meaning of the Federal Food, Drug and 33 Cosmetic Act, 21 U.S.C. 301 et seq.; any substance for which 34 there is an approved new drug application; or, with respect to a 35 particular person, any substance if an exemption is in effect for 36 investigational use for that person under Section 505 of the Federal 37 Food, Drug and Cosmetic Act, 21 U.S.C. 355. 38 ‘Counterfeit substance’ means a controlled substance which, or 39 the container or labeling of which, without authorization, bears the 40 trademark, trade name, or other identifying mark, imprint, number, 41 or device, or any likeness thereof, of a manufacturer, distributor, or 42 dispenser other than the person who, in fact, manufactured, 43 distributed, or dispensed such substance and which, thereby,

1 [910] 3 1 falsely purports or is represented to be the product of, or to have 2 been distributed by, such other manufacturer, distributor, or 3 dispenser. 4 ‘Crack cocaine’ ‘Cocaine base’ means an alkaloidal cocaine or 5 freebase form of cocaine, which is the end product of a chemical 6 alteration whereby the cocaine in salt form is converted to a form 7 suitable for smoking. Cocaine base is commonly referred to as 8 ‘rock or crack cocaine’. 9 ‘Deliver’ or ‘delivery’ means the actual, constructive, or 10 attempted transfer of a controlled drug or paraphernalia whether or 11 not there exists an agency relationship. 12 ‘Department’ means the State Department of Health and 13 Environmental Control. 14 ‘Depressant or stimulant drug’ means: (a) a drug which 15 contains any quantity of barbituric acid or any of the salts of 16 barbituric acid, or any derivative of barbituric acid which has been 17 designated as habit forming by the appropriate federal agency or 18 by the department; (b) a drug which contains any quantity of 19 amphetamine or any of its optical isomers, any salt of 20 amphetamine or any salt of any optical isomer of amphetamine, or 21 any other substance which the appropriate federal agency, or the 22 department, after investigation, as has found to be capable of 23 being, and by regulation designated as, habit forming because of 24 its stimulant effect on the central nervous system; or (c) lysergic 25 acid diethylamide or mescaline, or any other substance which the 26 appropriate federal agency or the department, after investigation, 27 has found to have, and by regulation designates as having a 28 potential for abuse because of its stimulant or depressant effect on 29 the central nervous system or its hallucinogenic effect. 30 ‘Detoxification treatment’ means the dispensing, for a period not 31 in excess of twenty-one days, of a narcotic drug in decreasing 32 doses to an individual in order to alleviate adverse physiological or 33 psychological effects incident to withdrawal from the continuous 34 or sustained use of a narcotic drug and as a method of bringing the 35 individual to a narcotic drug-free state within this period. 36 ‘Director’ means the Director of the Department of Narcotics 37 and Dangerous Drugs under the South Carolina Law Enforcement 38 Division. 39 ‘Dispense’ means to deliver a controlled substance to an 40 ultimate user or research subject by or pursuant to the lawful order 41 of a practitioner, including the prescribing, administering, 42 packaging, labeling, or compounding necessary to prepare the 43 substance for the delivery.

1 [910] 4 1 ‘Dispenser’ means a practitioner who delivers a controlled 2 substance to the ultimate user or research subject. 3 ‘Distribute’ means to deliver (other than by administering or 4 dispensing) a controlled substance. 5 ‘Distributor’ means a person who so delivers a controlled 6 substance. 7 ‘Drug’ means: (a) substances a substance recognized in the 8 official United States Pharmacopoeia, official Homeopathic 9 Pharmacopoeia of the United States, or official National 10 Formulary, or any supplement to any of them; and (b) substances 11 a substance intended for use in the diagnosis, cure, mitigation, 12 treatment, or prevention of disease in man and animals; and (c) 13 substances a substance (other than food) intended to affect the 14 structure or any function of the body of man and animals; and (d) 15 substances a substance intended for use as a component of any 16 substance specified in clause sub item (a), (b), or (c) of this 17 paragraph but does not include devices or their components, parts, 18 or accessories. 19 ‘Drug problem’ means a mental or physical problem caused by 20 the use or abuse of a controlled substance. 21 ‘Holder of the privilege’ means a person with an existing or a 22 potential drug problem who seeks counseling, treatment, or 23 therapy regarding such drug problem. 24 ‘Ice’ or ‘crank’ means amphetamine or methamphetamine, any 25 salt, isomer, or salt of an isomer, or any mixture or compound 26 containing any of these substances. 27 ‘Imitation controlled substance’ means a noncontrolled 28 substance which is represented to be a controlled substance and is 29 packaged in a manner normally used for the distribution or 30 delivery of an illegal controlled substance. 31 ‘Immediate precursor’ means a substance which the appropriate 32 federal agency or the department has found to be and by regulation 33 has designated as being, or can be proven by expert testimony as 34 being the principal compound commonly used or produced 35 primarily for use, and which is an immediate chemical 36 intermediary used or likely to be used in the manufacture of a 37 controlled substance, or is a reagent, solvent, or catalyst used in the 38 manufacture of controlled substances, the control of which is 39 necessary to prevent, curtail, or limit such manufacture. 40 ‘Maintenance treatment’ means the dispensing, for a period in 41 excess of twenty-one days, of a narcotic drug in the treatment of an 42 individual for dependence upon heroin or other morphine-like 43 drugs.

1 [910] 5 1 ‘Manufacture’ means the production, preparation, propagation, 2 compounding, conversion, or processing of a controlled substance, 3 either directly or indirectly by extraction from substances of 4 natural origin, or independently by means of chemical synthesis, or 5 by a combination of extraction and chemical synthesis, and 6 includes any packaging or repackaging of the substance or labeling 7 or relabeling of its container, except that this term does not include 8 the preparation or compounding of a controlled substance by an 9 individual for his own use or the preparation, compounding, 10 packaging, or labeling of a controlled substance: 11 (1) by a practitioner as an incident to his administering or 12 dispensing of a controlled substance in the course of his 13 professional practice, or 14 (2) by a practitioner, or by his authorized agent under his 15 supervision, for the purpose of, or as an incident to, research, 16 teaching, or chemical analysis and not for sale. 17 ‘Manufacturer’ means any person who packages, repackages, or 18 labels any container of any controlled substance, except 19 practitioners who dispense or compound prescription orders for 20 delivery to the ultimate consumer. 21 ‘Marijuana’ means: 22 (1) all species or variety of the marijuana plant and all parts 23 thereof whether growing or not; 24 (2) the seeds of the marijuana plant; 25 (3) the resin extracted from any part of the marijuana plant; 26 (4) every compound, manufacture, salt, derivative, mixture or 27 preparation of the marijuana plant, marijuana seeds, or marijuana 28 resin. 29 ‘Marijuana’ does not mean: 30 (1) the mature stalks of the marijuana plant or fibers produced 31 from these stalks; 32 (2) oil or cake made from the seeds of the marijuana plant; 33 (3) any other compound, manufacture, salt, derivatives, 34 mixture or preparation of the mature stalks (except the resin 35 extracted therefrom); 36 (4) the sterilized seed of the marijuana plant which is incapable 37 of germination. 38 ‘Methamphetamine’ includes any salt, isomer, or salt of an 39 isomer, or any mixture or compound containing amphetamine or 40 methamphetamine. Methamphetamine is commonly referred to as 41 ‘crank, ice, or crystal meth’. 42 ‘Narcotic drug’ means any of the following, whether produced 43 directly or indirectly by extraction from substances of vegetable

1 [910] 6 1 origin, or independently by means of chemical synthesis, or by a 2 combination of extraction and chemical synthesis: 3 (a) opium, coca leaves, and opiates; 4 (b) a compound, manufacture, salt, derivative or preparation of 5 opium, coca leaves, or opiates; 6 (c) a substance (and any compound, manufacture, salt, 7 derivative, or preparation thereof) which is chemically identical 8 with any of the substances referred to in clauses sub items (a) or 9 (b). This term does not include decocainized coca leaves or 10 extracts of coca leaves, which extracts do not contain cocaine or 11 ecgonine. 12 ‘Noncontrolled substance’ means any substance of chemical or 13 natural origin which is not included in the schedules of controlled 14 substances set forth in this article or included in the federal 15 schedules of controlled substances set forth in Title 21, Section 16 812 of the United States Code or in Title 21, Part 1308 of the Code 17 of Federal Regulations. 18 ‘Opiate’ means any substance having an addiction-forming or 19 addiction-sustaining liability similar to morphine or being capable 20 of conversion into a drug having addiction-forming or 21 addiction-sustaining liability. It does not include, unless 22 specifically designated as controlled under this article, the 23 dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its 24 salts (dextromethorphan). It does include its racemic and 25 levorotatory forms. 26 ‘Opium poppy’ means the plant of the species Papaver 27 somniferum L., except the seed thereof. 28 ‘Paraphernalia’ means any instrument, device, article, or 29 contrivance used, designed for use, or intended for use in 30 ingesting, smoking, administering, manufacturing, or preparing 31 marijuana, hashish, hashish oil, or cocaine a controlled substance 32 and does not include cigarette papers and tobacco pipes but 33 includes, but is not limited to: 34 (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic 35 marijuana or hashish pipes with or without screens, permanent 36 screens, hashish heads, or punctured metal bowls; 37 (2) water pipes designed for use or intended for use with 38 marijuana, hashish, hashish oil, or cocaine; 39 (3) carburetion tubes and devices; 40 (4) smoking and carburetion masks; 41 (5) roach clips; 42 (6) separation gins designed for use or intended for use in 43 cleaning marijuana;

1 [910] 7 1 (7) cocaine spoons and vials; 2 (8) chamber pipes; 3 (9) carburetor pipes; 4 (10) electric pipes; 5 (11) air-driven pipes; 6 (12) chilams; 7 (13) bongs; 8 (14) ice pipes or chillers. 9 ‘Peyote’ means all parts of the plant presently classified 10 botanically as Lophophora Williamsii Lemaire, whether growing 11 or not; the seeds thereof; any extract from any part of such plant; 12 and every compound, manufacture, salt, derivative, mixture, or 13 preparation of such plant, its seeds, or extracts. 14 ‘Poppy straw’ means all parts, except the seeds, of the opium 15 poppy, after mowing. 16 ‘Practitioner’ means: 17 (1) A physician, dentist, veterinarian, podiatrist, scientific 18 investigator, or other person licensed, registered, or otherwise 19 permitted to distribute, dispense, conduct research with respect to, 20 or to administer a controlled substance in the course of 21 professional practice or research in this State. 22 (2) A pharmacy, hospital, or other institution licensed, 23 registered, or otherwise permitted to distribute, dispense, conduct 24 research with respect to, or to administer a controlled substance in 25 the course of professional practice or research in this State. 26 ‘Production’ includes the manufacture, planting, cultivation, 27 growing, or harvesting of a controlled substance. 28 ‘Ultimate user’ means a person who lawfully possesses a 29 controlled substance for his own use or for the use of a member of 30 his household or for administration to an animal owned by him or 31 a member of his household.” 32 33 SECTION 3. Section 44-53-210(g) of the 1976 Code is amended 34 to read: 35 36 “(g) Unless specifically excepted or unless listed in another 37 schedule, any material, compound, mixture, or preparation which 38 contains any quantity of the following substance: 39 (1) Immediate precursor to amphetamine and 40 methamphetamine, including but not limited to: 41 Phenylacetone, also known as phenyl-2-propanone; P2P; 42 benzyl methyl ketone; methyl benzyl ketone; or 43 (ii) Ephedrine, pseudoephedrine, or phenylpropanolamine.”

1 [910] 8 1 2 SECTION 4. Section 44-53-365 of the 1976 Code, as added by 3 Act 365 of 2002, is amended to read: 4 5 “Section 44-53-365. (A) It is unlawful for a person to take or 6 exercise control over a controlled substance or the immediate 7 precursor of a controlled substance belonging to another person or 8 entity with the intent to deprive the person or entity of the 9 controlled substance or the immediate precursor. 10 (B) A person who knowingly and intentionally violates 11 subsection (A): 12 (1) for a first offense, is guilty of a felony and, upon 13 conviction, must be imprisoned for not more than five years or 14 fined not more than five thousand dollars, or both; and 15 (2) for a second or subsequent violation, is guilty of a felony 16 and, upon conviction, must be imprisoned for not more than ten 17 years or fined not more than ten thousand dollars, or both.” 18 19 SECTION 5. Section 44-53-375 of the 1976 Code is amended to 20 read: 21 22 “Section 44-53-375. (A) A person possessing or attempting to 23 possess less than one gram of ice, crank, or crack cocaine 24 methamphetamine or cocaine base, as defined in Section 25 44-53-110, is guilty of a felony and, upon conviction for a first 26 offense, must be imprisoned not more than five years and fined not 27 less than five thousand dollars. For a first offense the court, upon 28 approval of the solicitor, may require as part of a sentence, that the 29 offender enter and successfully complete a drug treatment and 30 rehabilitation program. For a second offense, the offender is guilty 31 of a felony and, upon conviction, must be imprisoned not more 32 than ten years and fined not less than ten thousand dollars. For a 33 third or subsequent offense, the offender is guilty of a felony and, 34 upon conviction, must be imprisoned not less than ten years nor 35 more than fifteen years and fined not less than fifteen thousand 36 dollars. 37 (B) A person who manufactures, distributes, dispenses, 38 delivers, purchases, or otherwise aids, abets, attempts, or conspires 39 to manufacture, distribute, dispense, deliver, or purchase, or 40 possesses with intent to distribute, dispense, or deliver ice, crank, 41 or crack cocaine methamphetamine or cocaine base, in violation of 42 the provisions of Section 44-53-370, is guilty of a felony and, upon 43 conviction:

1 [910] 9 1 (1) for a first offense, must be sentenced to a term of 2 imprisonment of not more than fifteen years and fined not less than 3 twenty-five thousand dollars; 4 (2) for a second offense or if, in the case of a first conviction 5 of a violation of this section, the offender has been convicted of 6 any of the laws of the United States or of any state, territory, or 7 district relating to narcotic drugs, marijuana, depressant, stimulant, 8 or hallucinogenic drugs, the offender must be imprisoned for not 9 more than twenty-five years and fined not less than fifty thousand 10 dollars; 11 (3) for a third or subsequent offense or if the offender has 12 been convicted two or more times in the aggregate of any violation 13 of the laws of the United States or of any state, territory, or district 14 relating to narcotic drugs, marijuana, depressant, stimulant, or 15 hallucinogenic drugs, the offender must be imprisoned for not 16 more than thirty years and fined not less than one hundred 17 thousand dollars. 18 Possession of one or more grams of ice, crank, or crack cocaine 19 methamphetamine or cocaine base is prima facie evidence of a 20 violation of this subsection. 21 (C) A person who knowingly sells, manufactures, delivers, 22 purchases, or brings into this State, or who provides financial 23 assistance or otherwise aids, abets, attempts, or conspires to sell, 24 manufacture, deliver, purchase, or bring into this State, or who is 25 knowingly in actual or constructive possession or who knowingly 26 attempts to become in actual or constructive possession of ten 27 grams or more of ice, crank, or crack cocaine methamphetamine or 28 cocaine base, as defined and otherwise limited in Sections 29 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), 30 is guilty of a felony which is known as ‘trafficking in ice, crank, or 31 crack cocaine methamphetamine or cocaine base’ and, upon 32 conviction, must be punished as follows if the quantity involved is: 33 (1) ten grams or more, but less than twenty-eight grams: 34 (a) for a first offense, a term of imprisonment of not less 35 than three years nor more than ten years, no part of which may be 36 suspended nor probation granted, and a fine of twenty-five 37 thousand dollars; 38 (b) for a second offense, a term of imprisonment of not 39 less than five years nor more than thirty years, no part of which 40 may be suspended nor probation granted, and a fine of fifty 41 thousand dollars; 42 (c) for a third or subsequent offense, a mandatory 43 minimum term of imprisonment of not less than twenty-five years

1 [910] 10 1 nor more than thirty years, no part of which may be suspended nor 2 probation granted, and a fine of fifty thousand dollars; 3 (2) twenty-eight grams or more, but less than one hundred 4 grams: 5 (a) for a first offense, a term of imprisonment of not less 6 than seven years nor more than twenty-five years, no part of which 7 may be suspended nor probation granted, and a fine of fifty 8 thousand dollars; 9 (b) for a second offense, a term of imprisonment of not 10 less than seven years nor more than thirty years, no part of which 11 may be suspended nor probation granted, and a fine of fifty 12 thousand dollars; 13 (c) for a third or subsequent offense, a mandatory 14 minimum term of imprisonment of not less than twenty-five years 15 and not more than thirty years, no part of which may be suspended 16 nor probation granted, and a fine of fifty thousand dollars; 17 (3) one hundred grams or more, but less than two hundred 18 grams, a mandatory term of imprisonment of twenty-five years, no 19 part of which may be suspended nor probation granted, and a fine 20 of fifty thousand dollars; 21 (4) two hundred grams or more, but less than four hundred 22 grams, a mandatory term of imprisonment of twenty-five years, no 23 part of which may be suspended nor probation granted, and a fine 24 of one hundred thousand dollars; 25 (5) four hundred grams or more, a term of imprisonment of 26 not less than twenty-five years nor more than thirty years with a 27 mandatory minimum term of imprisonment of twenty-five years, 28 no part of which may be suspended nor probation granted, and a 29 fine of two hundred thousand dollars. 30 (D) Possession of equipment or paraphernalia used in the 31 manufacture of methamphetamine or cocaine base is prima facie 32 evidence of intent to manufacture. 33 (E) It is unlawful for any person, other than a manufacturer, 34 practitioner, dispenser, distributor, or retailer to knowingly possess 35 any product that contains ephedrine, pseudoephedrine, or 36 phenylpropanolamine in an amount which exceeds 300 pills, 37 tablets, gelcaps, capsules, or other individual units, or nine grams 38 or more of ephedrine, pseudoephedrine, or phenylpropanolamine, 39 their salts, isomers, or salts of isomers, or a combination of any of 40 these substances, whichever is smaller. Any person who violates 41 this subsection is guilty of a felony and, upon conviction, must be 42 punished as follows if the quantity involved is: 43 (1) nine grams or more, but less than twenty - eight grams:

1 [910] 11 1 (a) for a first offense, a term of imprisonment of not less 2 than three years nor more than ten years, no part of which may be 3 suspended nor probation granted, and a fine of twenty - five 4 thousand dollars; 5 (b) for a second offense, a term of imprisonment of not 6 less than five years nor more than thirty years, no part of which 7 may be suspended nor probation granted, and a fine of fifty 8 thousand dollars; 9 (c) for a third or subsequent offense, a mandatory 10 minimum term of imprisonment of not less than twenty - five years 11 nor more than thirty years, no part of which may be suspended nor 12 probation granted, and a fine of fifty thousand dollars; 13 (2) twenty - eight grams or more, but less than one hundred 14 grams: 15 (a) for a first offense, a term of imprisonment of not less 16 than seven years nor more than twenty - five years, no part of which 17 may be suspended nor probation granted, and a fine of fifty 18 thousand dollars; 19 (b) for a second offense, a term of imprisonment of not 20 less than seven years nor more than thirty years, no part of which 21 may be suspended nor probation granted, and a fine of fifty 22 thousand dollars; 23 (c) for a third or subsequent offense, a mandatory 24 minimum term of imprisonment of not less than twenty - five years 25 and not more than thirty years, no part of which may be suspended 26 nor probation granted, and a fine of fifty thousand dollars; 27 (3) one hundred grams or more, but less than two hundred 28 grams, a mandatory term of imprisonment of twenty - five years, no 29 part of which may be suspended nor probation granted, and a fine 30 of fifty thousand dollars; 31 (4) two hundred grams or more, but less than four hundred 32 grams, a mandatory term of imprisonment of twenty - five years, no 33 part of which may be suspended nor probation granted, and a fine 34 of one hundred thousand dollars; 35 (5) four hundred grams or more, a term of imprisonment of 36 not less than twenty - five years nor more than thirty years with a 37 mandatory minimum term of imprisonment of twenty - five years, 38 no part of which may be suspended nor probation granted, and a 39 fine of two hundred thousand dollars. 40 (F) Except for a first offense, as provided in subsection (A) of this 41 section, sentences for violation of the provisions of this section 42 may not be suspended and probation may not be granted. A 43 person convicted and sentenced under this subsection to a

1 [910] 12 1 mandatory term of imprisonment of twenty-five years, a 2 mandatory minimum term of imprisonment of twenty-five years, 3 or a mandatory minimum term of imprisonment of not less than 4 twenty-five years nor more than thirty years is not eligible for 5 parole, extended work release, as provided in Section 24-13-610, 6 or supervised furlough, as provided in Section 24-13-710.” 7 8 SECTION 6. This act takes effect upon approval by the 9 Governor. 10 ----XX---- 11

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