Current Status Introducing Body:House Bill Number:3112 Ratification Number:114 Act Number:58 Primary Sponsor:Wilkins Type of Legislation:GB Subject:LSD, trafficking in Date Bill Passed both Bodies:19930504 Computer Document Number:DKA/4031.AL Governor's Action:S Date of Governor's Action:19930517 Introduced Date:19930113 Date of Last Amendment:19930429 Last History Body:------ Last History Date:19930517 Last History Type:Act No. 58 Scope of Legislation:Statewide All Sponsors:Wilkins Hodges Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3112 ------ 19930517 Act No. 58
3112 ------ 19930517 Signed by Governor
3112 ------ 19930511 Ratified R 114
3112 House 19930504 Concurred in Senate
amendment, enrolled for
ratification
3112 Senate 19930430 Read third time, returned to
House with amendment
3112 Senate 19930429 Amended, read second time,
unanimous consent for third
reading on Friday, April 30,
1993
3112 Senate 19930428 Committee Report: Favorable 11
3112 Senate 19930309 Introduced read first time, 11
referred to Committee
3112 House 19930308 Read third time, sent to
Senate
3112 House 19930304 Amended, read second time
3112 House 19930303 Committee Report: Favorable 25
with amendment
3112 House 19930113 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
(A58, R114, H3112)
AN ACT TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE SO AS TO ADD OTHER DRUGS FOR PURPOSES OF ESTABLISHING PRIOR CONVICTION AND TO INCREASE THE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Trafficking in LSD prohibited
SECTION 1. Section 44-53-370(e) of the 1976 Code, as last amended by Act 604 of 1990, is further amended by adding:
"(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 years, no part of which may be suspended or probation granted, and a fine of forty 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 years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(b) five hundred dosage units or the equivalent quantity, or more, but less than one thousand dosage units or the equivalent quantity:
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 offense, a term of imprisonment of not less than seven years nor more than thirty 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 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."
Crack cocaine penalties revised
SECTION 2. Section 44-53-375 of the 1976 Code, as last amended by Act 604 of 1990, is further amended to read:
"Section 44-53-375. (A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned for a term of not more than five years and fined not less than five thousand dollars. 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;
(2) for a second offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than seven years and fined not less than ten thousand dollars;
(3) for a third or subsequent offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years and fined not less than fifteen thousand dollars.
(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:
(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and fined not less than twenty-five thousand dollars;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than twenty-five years and fined not less than fifty thousand dollars;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than thirty years and fined not less than one hundred thousand dollars.
Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.
(C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, 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 ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as `trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished as follows if the quantity involved is:
(1) ten grams or more, but less than twenty-eight grams:
(a) 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;
(b) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(2) twenty-eight grams or more, but less than one hundred grams:
(a) 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;
(b) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less 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;
(3) one hundred grams or more, but less than two 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 fifty thousand dollars;
(4) 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;
(5) 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.
(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 17th day of May, 1993.