South Carolina General Assembly
117th Session, 2007-2008

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Bill 96


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.

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

SECTION    1.    Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-4155.    (A)    As used in this section, "alcohol without liquid device" means a device, machine, apparatus or appliance that is designed or marketed for the purpose of mixing alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an individual can inhale or snort. An alcohol without liquid device does not include an inhaler, nebulizer, atomizer or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication.

(B)    It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess an alcohol without liquid device.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1)    for a first offense, by a fine of three hundred dollars;

(2)    for a second offense, by a fine of seven hundred fifty dollars or imprisonment for not more than six months, or both;

(3)    for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for not more than two years, or both.

(C)    Except as provided in subsection (D) of this section, an alcohol without liquid device must be seized by a law enforcement officer and be taken before any magistrate of the county in which the alcohol without liquid device is seized, the magistrate shall immediately examine it, and if satisfied that it is an alcohol without liquid device, direct that it be destroyed immediately after conviction of the violator.

(D)    This section shall not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research."

SECTION    2.    This act takes effect upon approval by the Governor.

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