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South Carolina Drug Statutes

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South Carolina Drug Statutes South Carolina Drug Statutes South Carolina Code of Laws: Title 44 Health Code SCHEDULE CRITERIA AND OFFENSES/PENALTIES ENHANCEMENTS/BENEFIT COMPOSITION 44-53-370 RESTRICTIONS SCHEDULE I: (b)(1) Manufacture, offense: 5-30yrs and/or (a) A high potential for abuse; distribution, purchase or <$50,000 (b) No accepted medical use in possess w/ intent (p.w.i.) or subsequent offense: 10- treatment in the United States; Schedule I(b)&(c) narcotics, 30yrs and/or <$50,000 (c) A lack of accepted safety for LSD, Schedule II narcotics use in treatment under medical Felony: <15yrs and/or eligible for s.s. and p.p. if or supervision. <$25,000 offense, or offense (and priors S.C. Code Ann. § 44-53-180 were possession convictions) (B) Opiates: E.g., difenoxin (b)(2) Manufacture, offense: <10yrs and/or (C) Opium derivatives: E.g., distribution, p.w.i. <$10,000 heroin, codeine compounds, Other Schedule I, II, or III, or subsequent offense: 5- morphine compounds, etc. flunitrazepam or analogues 20yrs and/or <$20,000 (D) Hallucinogenic Felony: <5yrs and/or <$5,000 substances: E.g., marijuana, (d)(4) Prima facie guilt of eligible for s.s. and p.p. if or MDMA, mescaline, DMT, Manufacture, distribution, offense, or offense (and priors peyote, LSD, psilocybin, THC, p.w.i. were possession convictions) synthetic cannabinoids, etc. Possession of more than: 1g of 44-53-460 Reduced sentence (E) Depressants: E.g., cocaine, 100mg of eucaine, for accommodation offense: Qualuudes, GHB 4grains of opium, 4grains of delivery/distribution was only (F) Stimulants: E.g., morphine, 2 grains of heroin, for accommodation to another fenethylline, MDPV, 100mg of isonipecaine, individual and not for profit or mephedrone 28g/1oz of marijuana, 10oz of to induce addiction S.C. Code Ann. § 44-53-190 hashish, 50mcg of LSD or Misdemeanor: <6months MDMA, 20ml of GHA and/or <$1,000 SCHEDULE II: (d)(1) Possession offense: felony: <5yrs and/or (a) It has a high potential for Schedule I(b)&(c) narcotics, <$5,000 abuse; LSD, Schedule II narcotics or subsequent offense: <5yrs (b) It has a currently accepted Misdemeanor: <2yrs and/or and/or <$10,000 medical use in treatment in the <$5,000 Eligible for s.s. and p.p. United States, or currently accepted medical use with (d)(3) Possession Court may require drug rehab severe restrictions; and Cocaine (<1g) offense: felony: <5yrs and/or (c) Abuse may lead to severe Misdemeanor: <3yrs and/or < $7,500 psychic or physical <$5,000 or subsequent offense: <10yrs dependence. and/or <$12,500 S.C. Code Ann. § 44-53-200 Eligible for s.s. and p.p. (b) Narcotics derived from (d)(4) Possession Marijuana or subsequent offense: vegetable origin or chemical (<28g/1oz) or hashish misdemeanor: <1yr and/or synthesis: (<10g) $200-$1,000 (1) Opium and opiates: e.g., Misdemeanor: <30days and/or Eligible for pretrial raw opium, codeine, morphine $100-$200 intervention, conditional and derived painkillers discharge, s.s. and p.p. 1 South Carolina Drug Statutes South Carolina Code of Laws: Title 44 Health Code (2) chemical equivalents to (d)(2) All other controlled offense: misdemeanor: <1yr those listed in (1) substances Schedules I-V and/or <$2,000 (3) Opium poppies and poppy Misdemeanor: <6months eligible for s.s. and p.p. straws and/or <$1,000 (4) Cocaine (c) Other opiates: e.g., (f) Administering, distributing, dispensing a controlled methadone, dihydrocodeine substance or GHB to a person w/ intent to commit crimes (d) Stimulants: Ritalin, against that person (e.g., kidnapping, human trafficking, amphetamine, sexual battery, larceny) methamphetamine g)(1) Schedule I(b)&(c) offense: 5-30yrs and/or (f) Depressants: e.g., narcotics, LSD, Schedule II <$50,000 amobarbital, PCP narcotics or subsequent offense: 15- (g) Amphetamine precursors Felony: <20yrs and/or 30yrs and/or <$50,000 S.C. Code Ann. § 44-53-210 <$30,000 offense eligible for p.p. or s.s., / offense not eligible SCHEDULE III: (g)(2) Other controlled offense: <20yrs and/or (a) It has a potential for abuse substances or GHB <$30,000 less than the substances listed Felony: <15yrs and/or or subsequent offense: 5- in Schedules I and II; <$25,000 25yrs and/or <$40,000 (b) It has a currently accepted offense eligible for p.p. or medical use in treatment in the s.s., / offense not eligible United States; and (c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. S.C. Code Ann. § 44-53-220 (b) Stimulants: e.g., appetite suppressants (c) Depressants: e.g., barbiturates, sedatives, anesthetics, lysergic acid, GHA (d) Nalorphine (e) Limited narcotic drugs: Compounds w/ limited percentages of codeine, hydrocodone, dihydrocodone, opium, morphine S.C. Code Ann. § 44-53-230 SCHEDULE IV: (b)(3) Manufacture, or subsequent offenses: (a) It has a low potential for distribution, p.w.i. felony: <5yrs and/or <$6,000 abuse relative to the Schedule IV (except for substances in Schedule III; flunitrazepam) Eligible for s.s. and p.p. if or (b) It has a currently accepted Misdemeanor: <3yrs and/or offense, or offense (and priors medical use in treatment in the <$3,000 were possession convictions) 2 South Carolina Drug Statutes South Carolina Code of Laws: Title 44 Health Code United States; and (c) Abuse of the substance may lead to limited physical or psychological dependence relative to substances in Schedule III. S.C. Code Ann. § 44-53-240 (a) Depressants: e.g., alprazolam, clonazepam, (b) Stimulants: e.g., appetite suppressants (c) fenfluramine (e) Limited narcotic drugs: compounds w/ limited quantities of difenoxin & dextropropoxyphene (f) pentazocine hydrochloride (g) butorphanol S.C. Code Ann. § 44-53-250 SCHEDULE V: (b)(4) Manufacture, or subsequent offense: 2x the (a) It has a low potential for distribution, p.w.i. offense penalty abuse relative to the Schedule V substances listed in Schedule Misdemeanor: <1yr and/or Eligible for s.s. and p.p. if or IV; <$1,000 offense, or offense (and priors (b) It has a currently accepted were possession convictions) medical use in treatment in the United States; and (c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule IV. S.C. Code Ann. § 44-53-260 (1) Narcotics containing 44-53-391 Possession, Civil fine: <$500; corporation: nonnarcotic active medicinal manufacture, sale, advertise <$50,000 ingredients: e.g., limited or p.w.i. drug paraphernalia percentages of codeine, opium, etc. S.C. Code Ann. § 44-53-270 Trafficking Offenses 44-53-370 (e) (1) Marijuana (a) 10-100lbs offense: 1-10yrs; $1,000 offense: 5-20yrs; $15,000 3 South Carolina Drug Statutes South Carolina Code of Laws: Title 44 Health Code or subsequent offense: 25yrs; $25,000 No p.p or s.s. (b) 100-2,000lbs/100-1,000 plants 25yrs; $25,000; No p.p. or s.s. (c) 2,000-10,000lbs/1,000-10,000 plants 25yrs; $50,000; No p.p. or s.s. (d) >10,000lbs/>10,000 plants 25-30yrs; $200,000; No p.p. or s.s. (2) Cocaine (a) 10-28g offense: 3-10yrs; $25,000; No p.p. or s.s. offense: 5-30yrs; $50,000; No p.p. or s.s. or subsequent offense: 25-30yrs; $50,000; No p.p. or s.s. (b) 28-100g offense: 7-25yrs; $50,000; No p.p. or s.s. offense: 7-30yrs; $50,000; No p.p. or s.s. or subsequent offense: 25-30yrs; $50,000; No p.p. or s.s. (c) 100-200g 25yrs; $50,000; No p.p. or s.s. (d) 200-400g 25yrs; $100,000; No p.p. or s.s. (e) >400g 25-30yrs; $200,00; No p.p. or s.s. (3) morphine, opium, heroin (a) 4-14g offense: 7-25yrs; $50,000; No p.p. or s.s. or subsequent offense: 25yrs; $100,000; No p.p. or s.s. (b) 14-28g 25yrs; $200,000 No p.p. or s.s. (c) >28g 25-40yrs; $200,000; No p.p. or s.s. (4) Methaqualone (Qualuude) (a) 15-150g offense: 1-10yrs; $10,000; No p.p. or s.s. or subsequent offense: 25yrs; $25,000; No p.p. or s.s. (b) 150-1500g 25yrs; $25,000; No p.p. or s.s. (c) 1500g-15kg 25yrs; $50,000; No p.p. or s.s. (d) >15kg 25-30yrs; $200,000; No p.p. or s.s. (5) LSD (a) 100-400 units (u) offense: 3-10yrs; $20,000; No p.p. or s.s. offense: 5-30yrs; $40,000; No p.p. or s.s. 3rd or subsequent offense: 25-30yrs; $50,000 No p.p. or s.s. (b) 500-1,000u offense; 7-25yrs; $50,000; No p.p. or s.s. offense; 7-30yrs; $50,000; No p.p. or s.s. or subsequent offense: 25-30yrs; $50,000; No p.p. or s.s. (c) >1,000u 25yrs; $100,000; No p.p. or s.s. (6) Flunitrazepam (a) 1-100g offense: 1-10yrs; $10,000; No p.p. or s.s. offense: 25yrs; $25,000; No p.p. or s.s. (b) 100-1,000g 25yrs; $25,000 No p.p. or s.s. (c) 1,000g-5kg 25yrs; $50,000; No p.p. or s.s. 4 South Carolina Drug Statutes South Carolina Code of Laws: Title 44 Health Code (d) >5kg 25-30yrs; $200,000; No p.p. or s.s. (7) GHA (a) 50ml/mg offense: 1-10yrs; $10,000; No p.p.
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