Bill 2189

                    Current Status

Bill Number:               2189
Ratification Number:       65
Act Number                 33
Introducing Body:          House
Subject:                   Penalties for illegal distribution and
                           possession of narcotics and controlled
           substances

(A33, R65, H2189)

AN ACT TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGAL DISTRIBUTION AND POSSESSION OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REDUCE THE TERM OF IMPRISONMENT AND INCREASE THE MONETARY PENALTY FOR A FIRST OFFENSE OF POSSESSION OF A CERTAIN AMOUNT OF MARIJUANA OR HASHISH, SO AS TO BE WITHIN MAGISTRATES' AND MUNICIPAL JUDGES' JURISDICTIONS AND TO AUTHORIZE MAGISTRATES OR MUNICIPAL JUDGES TO CONDITIONALLY DISCHARGE OFFENDERS AND TO INCREASE THE PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE; TO PROVIDE THAT EXCESSIVE MONIES COLLECTED PURSUANT TO THIS SECTION SHALL BE DISTRIBUTED TO THE UNIT OF GOVERNMENT WHOSE LAW ENFORCEMENT OFFICERS INITIATED THE INVESTIGATION WHICH RESULTED IN THE CONVICTION; TO INCREASE THE PENALTIES FOR THE DISTRIBUTION AND POSSESSION OF MORE THAN TEN POUNDS OF MARIJUANA, TEN GRAMS OF COCAINE AND ANY MIXTURE THEREOF, AND FOUR GRAMS OF MORPHINE, OPIUM OR ANY MIXTURE THEREOF, INCLUDING HEROIN, AND TO PROVIDE A PENALTY FOR DISTRIBUTION AND POSSESSION OF MORE THAN FIFTEEN GRAMS OF METHAQUALONE; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING; TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF TRAFFICKING IN CONTROLLED SUBSTANCES.

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

Penalties changed - distribution of fines

SECTION 1. Item (3) of subsection (d) of Section 44-53-370 of the 1976 Code, as last amended by Act 118 of 1979, is further amended to read:

"(3) Possession of more than ten grains of cocaine, one hundred milligrams of alpha- or betaeucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish or more than fifty micrograms of Lysergic aciddiethylamide (LSD) or its compounds shall be prima facie guilty of violation of subsection (a) of this section. Provided, however, that any person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for a term not to exceed thirty days or a fine of not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of any sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. 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 Act 360 of 1980. For a second or subsequent offense the offender shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for a term not to exceed one year or a fine not less than two hundred dollars nor more than one thousand dollars, or both fine and imprisonment. Fines collected pursuant to the provisions of this item shall be distributed as follows:

(i) For a first offense, the first one hundred dollars shall be distributed pursuant to the provisions of Section 44-53-580 and all monies in excess of that amount shall be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction.

(ii) For a second or subsequent offense, the first two hundred dollars shall be distributed pursuant to the provision of Section 44-53-580 and all monies in excess of that amount shall be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction.

The distribution of fines provided for in this section shall apply whether or not law enforcement officers from more than one unit of government became involved in the case after the start of the initial investigation.

When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine.

A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance and upon forfeiture the bail shall be distributed as provided in sub-item (1) of this item."

Trafficking in controlled substances

SECTION 2. Section 44-53-370 of the 1976 Code, as last amended by Act 118 of 1979, is further amended by adding:

"(e) Any person who knowingly sells, manufactures, delivers or brings into this State, or who is knowingly in actual or constructive possession of:

(1) ten pounds of marijuana shall be deemed guilty of a felony which shall be known as 'trafficking in marijuana'; and upon conviction shall be punished as follows if the quantity involved:

(a) Is ten pounds or more, but less than one hundred pounds, a term of imprisonment of not less than one year nor more than ten years and a fine of ten thousand dollars.

(b) Is one hundred pounds or more, but less than two thousand pounds, a term of imprisonment of not less than five years nor more than twenty-five years and a fine of twenty-five thousand dollars.

(c) Is two thousand pounds or more, but less than ten thousand pounds, a term of imprisonment of not less than ten years nor more than twenty-five years and a fine of fifty thousand dollars.

(d) Is ten thousand pounds or more, a term of imprisonment of not less than fifteen years nor more than thirty years and a fine of two hundred thousand dollars.

(2) Ten grams or more of cocaine or any mixtures containing cocaine, as provided in Section 44-53-210 (b) (4) shall be deemed guilty of a felony which shall be known as 'trafficking in cocaine' and upon conviction shall be punished as follows if the quantity involved:

(a) Is ten grams or more, but less than twenty-eight grams, a term of imprisonment of not less than three years nor more than ten years and a fine of ten thousand dollars.

(b) Is twenty-eight grams or more, but less than two hundred grams, a term of imprisonment of not less than seven years nor more than twenty-five years and a fine of fifty thousand dollars.

(c) Is two hundred grams or more, but less than four hundred grams a term of imprisonment of not less than ten years nor more than twenty-five years and a fine of one hundred thousand dollars.

(d) Is four hundred grams or more, a term of imprisonment of not less than fifteen years nor more than thirty years 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 Section 44-53-210, or four grams or more of any mixture containing any such substance shall be deemed guilty of a felony which shall be known as 'trafficking in illegal drugs' and upon conviction shall be punished as follows if the quantity involved:

(a) Is four grams or more, but less than fourteen grams, a term of imprisonment of not less than seven years nor more than twenty-five years and a fine of fifty thousand dollars.

(b) Is fourteen grams or more, but less than twenty-eight grams, a term of imprisonment of not less than ten years nor more than twenty-five years and a fine of one hundred thousand dollars.

(c) Is twenty-eight grams or more, a term of imprisonment of not less than twenty-five years nor more than forty years and a fine of two hundred thousand dollars.

(4) Fifteen grams or more of methaqualone shall be deemed guilty of a felony which shall be known as 'trafficking in methaqualone' and upon conviction shall, be punished as follows if the quantity involved:

(a) Is fifteen grams but less than one hundred fifty grams a term of imprisonment of not less than one year nor more than ten years and a fine of ten thousand dollars.

(b) Is one hundred fifty grams but less than fifteen hundred grams, a term of imprisonment of not less than five years nor more than twenty-five years and a fine of twenty-five thousand dollars.

(c) Is fifteen hundred grams but less than fifteen kilograms, a term of imprisonment of not less than ten years nor more than twenty-five years and a fine of fifty thousand dollars.

(d) Is fifteen kilograms or more, a term of imprisonment of not less than fifteen years nor more than thirty years and a fine of two hundred thousand dollars.

Any sentence imposed under this subsection shall not be suspended and probation shall not be granted except as provided herein until the minimum term of imprisonment prescribed has been served. The defendant, prior to sentencing, may move by motion, oral or written, for the court to hear and determine mitigating facts and evidence. Upon good cause shown, the court may sentence below the minimums provided herein, provided that such sentencing below the prescribed minimum shall be set out by the presiding judge in a written order stating the mitigating facts for such reduced sentence or refusal to reduce the minimum sentence. The prosecution and defendant may call witnesses and present evidence for reduction of sentence or for the imposition of the prescribed minimum sentence.

The weights of controlled substances in this subsection shall include the substance in pure form or any compound or mixture thereof."

Penalty for trafficking in drugs

SECTION 3. In addition to the crimes classified as felonies in Section 16-1-10 of the 1976 Code, as last amended by Act 511 of 1980, the crimes in subsection (e) of Section 44-53-370 of the 1976 Code relating to the possession of narcotics and controlled substances are declared felonies.

Time effective

SECTION 4. This act shall take effect upon approval of the Governor.