Bill 2187

                    Current Status

Bill Number:               2187
Ratification Number:       490
Act Number                 400
Introducing Body:          House
Subject:                   Paraphernalia

(A400, R490, H2187)

AN ACT TO AMEND SECTION 44-53-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE PARAPHERNALIA AS USED IN ADMINISTERING OR PREPARING MARIJUANA, HASHISH OR OILS THEREOF OR COCAINE, TO PROVIDE CERTAIN EXCEPTIONS, TO INCLUDE PARAPHERNALIA IN THE DEFINITION OF DELIVER OR DELIVERY AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-53-391 SO AS TO MAKE IT UNLAWFUL TO ADVERTISE FOR SALE, MANUFACTURE, POSSESS, SELL OR DELIVER OR TO POSSESS WITH THE INTENT TO SELL OR DELIVER PARAPHERNALIA.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

Section 1. Section 44-53-110 of the 1976 Code, as last amended by Act 361 of 1980, is further amended ,by striking the definition for "deliver" or "delivery" and inserting:

" 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer of a controlled drug or paraphernalia whether or not there exists an agency relationship." and by adding at the end the following:

"'Paraphernalia' means any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, or preparing marijuana, hashish, hashish oil, or cocaine and shall not include cigarette papers and tobacco pipes but shall include but not be limited to:

(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.

(2) Water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine.

(3) Carburetion tubes and devices.

(4) Smoking and carburetion masks.

(5) Roach clips.

(6) Separation gins designed for use or intended for use in cleaning marijuana.

(7) Cocaine spoons and vials.

(8) Chamber pipes.

(9) Carburetor pipes.

(10) Electric pipes.

(11) Air-driven pipes.

(12) Chilams.

(13) Bongs.

(14) Ice pipes or chillers."

Unlawful to advertise for sale, manufacture, etc., paraphernalia

Section 2. The 1976 Code is amended by adding:

"Section 44-53-391. (a) It shall be unlawful for any person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver, or sell paraphernalia.

(b) In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use;

(2) The proximity of the object to controlled substances;

(3) The existence of any residue of controlled substances on the object;

(4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(5) Instructions, oral or written, provided with the object concerning its use;

(6) Descriptive materials accompanying the object which explain or depict its use;

(7) National and local advertising concerning its use;

(8) The manner in which the object is displayed for sale;

(9) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(10) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(11) The existence and scope of legitimate uses for the object in the community;

(12) Expert testimony concerning its use.

(c) Any person found guilty of violating the provisions of this section shall be subject to a civil fine of not more than five hundred dollars except that a corporation shall be subject to a civil fine of not more than fifty thousand dollars. Imposition of such fine shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense."

Time effective

Section 2. This act shall take effect upon the approval by the Governor.