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H. 3788
STATUS INFORMATION
General Bill
Sponsors: Rep. Skelton
Document Path: l:\council\bills\ms\7369ahb05.doc
Introduced in the House on March 16, 2005
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Pseudoephedrine
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/16/2005 House Introduced and read first time HJ-88
3/16/2005 House Referred to Committee on Judiciary HJ-89
4/5/2005 House Recalled from Committee on Judiciary HJ-29
4/5/2005 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-29
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-271 SO AS TO REQUIRE THAT OVER THE COUNTER DRUGS CONTAINING PSEUDOEPHEDRINE MUST BE DISPENSED BY A LICENSED PHARMACIST OR A LICENSED PHARMACY TECHNICIAN AND TO PROVIDE A PROCEDURE FOR THE SALE OF THESE DRUGS; BY ADDING SECTION 44-53-272 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS A DRUG PRODUCT CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR PHENYLPROPANOLAMINE WITH THE INTENT TO USE THE DRUG PRODUCT AS A PRECURSOR TO THE MANUFACTURE OF METHAMPHETAMINE OR ANOTHER ILLEGAL CONTROLLED SUBSTANCE, TO PROVIDE A PENALTY, AND TO PROVIDE EXCEPTIONS; AND TO AMEND SECTION 44-53-270, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE ANY COMPOUND, MIXTURE, OR PREPARATION CONTAINING ANY DETECTABLE QUANTITY OF PSEUDOEPHEDRINE EXCEPT THOSE SOLD IN LIQUID, LIQUID CAPSULE, OR GEL CAPSULE FORM IF PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-271. (A) If a compound, mixture, or preparation containing a detectable quantity of pseudoephedrine, its salts or isomers, or salts of isomers, which is in liquid, liquid capsule, or gel capsule form and pseudoephedrine is not the only active ingredient, is sold or distributed in a pharmacy, retail, or wholesale establishment, it must be dispensed, sold, or distributed only by a licensed pharmacist or licensed pharmacy technician.
(B) A person purchasing, receiving, or otherwise acquiring a drug product pursuant to the provisions of subsection (A) shall provide photo identification that must include the person's date of birth, and the person shall sign a written log or receipt reflecting the date of the transaction, the name of the person, and the amount of the drug as provided in subsection (A).
(C) A person may not purchase, receive, or otherwise acquire more than nine grams of a drug product as provided in subsection (A) within a thirty-day period."
SECTION 2. Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-272. (A) It is unlawful for a person to knowingly and unlawfully possess a drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or isomers, or their salts of isomers with the intent to use the product as a precursor to the manufacture of methamphetamine or another illegal controlled substance.
(B) Possession of a drug product containing more than nine grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or isomers, or their salts of isomers creates a rebuttable presumption of the intent to use the drug product as a precursor to the manufacture of methamphetamine or another illegal controlled substance.
(C) A person who violates the provisions of this section must be punished as provided in Section 44-53-370(d)(2).
(D) The provisions of this section do not apply to persons lawfully possessing drug products in the course of a legitimate business including, but not limited to, a:
(1) retail distributor of drug products;
(2) licensed wholesale drug distributor or its agents;
(3) licensed manufacturer of drug products or its agents;
(4) licensed pharmacist; or
(5) licensed health care professional possessing the drug products in the course of carrying out his profession."
SECTION 3. Section 44-53-270 of the 1976 is amended to read:
"Section 44-53-270. (a) The controlled substances listed in this section are included in Schedule V.
(b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which shall include includes one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliter or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. ; or
(6) Not more than one-half milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.
(c) Any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or isomers, or salts of isomers except those which are in liquid, liquid capsule, or gel capsule form if pseudoephedrine is not the only active ingredient."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor.
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