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					                                   South Carolina General Assembly
                                       119th Session, 2011-2012

H. 3793

STATUS INFORMATION

General Bill
Sponsors: Reps. Thayer, Whitmire, H.B. Brown, G.R. Smith, Gambrell, Bowen, Hardwick, Clemmons,
Mitchell, Parks, Atwater, Butler Garrick, Pinson, Corbin, Norman, Viers, Erickson, Hearn, Murphy,
Allison, McCoy, Govan, Agnew, Hosey, Hiott, Patrick, Chumley, Brannon, Battle, Brady, R.L. Brown,
Clyburn, Cobb-Hunter, Cole, Daning, Delleney, Funderburk, Hamilton, Harrison, Hayes, Henderson,
Horne, Lucas, D.C. Moss, V.S. Moss, Nanney, J.M. Neal, Owens, Pitts, Pope, Ryan, Sabb, Sandifer,
Simrill, J.R. Smith, Stringer, Tallon, Taylor, White, Cooper, Quinn, Lowe, Barfield, Munnerlyn, Weeks,
Putnam, Gilliard, Branham, Alexander, Jefferson, Spires, Willis, Frye, Ballentine, Huggins, King,
Anderson and Hixon
Document Path: l:\council\bills\nbd\11388ac11.docx

Introduced in the House on March 3, 2011
Introduced in the Senate on February 1, 2012
Last Amended on March 6, 2012
Currently residing in the House

Summary: Schedule I Drugs


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
  3/3/2011   House    Introduced and read first time (House Journal-page 13)
  3/3/2011   House    Referred to Committee on Judiciary (House Journal-page 13)
  3/3/2011   House    Member(s) request name added as sponsor: Cooper
  3/9/2011   House    Member(s) request name added as sponsor: Quinn
 8/22/2011   House    Member(s) noted request to add name as sponsor: Lowe
 9/16/2011   House    Member(s) noted request to add name as sponsor: Barfield
 1/10/2012   House    Member(s) request name added as sponsor: Lowe, Barfield
 1/25/2012   House    Committee report: Favorable with amendment Judiciary (House Journal-page 17)
 1/26/2012   House    24 hour point of order (House Journal-page 20)
 1/26/2012   House    Member(s) request name added as sponsor: Munnerlyn, Weeks, Putnam, Gilliard,
                         Branham, Alexander, Jefferson
 1/26/2012   House    Member(s) request name removed as sponsor: Stavrinakis
 1/26/2012   House    Member(s) request name added as sponsor: Spires
 1/31/2012   House    Amended (House Journal-page 21)
 1/31/2012   House    Read second time (House Journal-page 21)
 1/31/2012   House    Roll call Yeas-103 Nays-0 (House Journal-page 28)
 1/31/2012   House    Member(s) request name added as sponsor: Willis, Frye, Ballentine, Huggins, King,
                         Anderson, Hixon
  2/1/2012   House    Read third time and sent to Senate (House Journal-page 6)
  2/1/2012            Scrivener's error corrected
  2/1/2012   Senate   Introduced and read first time (Senate Journal-page 14)
  2/1/2012   Senate   Referred to Committee on Medical Affairs (Senate Journal-page 14)
  3/1/2012   Senate   Committee report: Favorable with amendment Medical Affairs (Senate
                         Journal-page 11)
  3/2/2012            Scrivener's error corrected
  3/6/2012   Senate Committee Amendment Adopted (Senate Journal-page 21)
  3/6/2012   Senate Read second time (Senate Journal-page 21)
  3/6/2012   Senate Roll call Ayes-39 Nays-0 (Senate Journal-page 21)
  3/7/2012          Scrivener's error corrected
  3/7/2012   Senate Read third time and returned to House with amendments (Senate Journal-page 13)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

3/3/2011
1/25/2012
1/31/2012
2/1/2012
3/1/2012
3/2/2012
3/6/2012
3/7/2012
 1   Indicates Matter Stricken
 2   Indicates New Matter
 3
 4   COMMITTEE AMENDMENT ADOPTED
 5   March 6, 2012
 6
 7                                                     H. 3793
 8
 9   Introduced by Reps. Thayer, Whitmire, H.B. Brown, G.R. Smith,
10   Gambrell, Bowen, Hardwick, Clemmons, Mitchell, Parks, Atwater,
11   Butler Garrick, Pinson, Corbin, Norman, Viers, Erickson, Hearn,
12   Murphy, Allison, McCoy, Govan, Agnew, Hosey, Hiott, Patrick,
13   Chumley, Brannon, Battle, Brady, R.L. Brown, Clyburn,
14   Cobb-Hunter, Cole, Daning, Delleney, Funderburk, Hamilton,
15   Harrison, Hayes, Henderson, Horne, Lucas, D.C. Moss,
16   V.S. Moss, Nanney, J.M. Neal, Owens, Pitts, Pope, Ryan, Sabb,
17   Sandifer, Simrill, J.R. Smith, Stringer, Tallon, Taylor, White,
18   Cooper, Quinn, Lowe, Barfield, Munnerlyn, Weeks, Putnam,
19   Gilliard, Branham, Alexander, Jefferson, Spires, Willis, Frye,
20   Ballentine, Huggins, King, Anderson and Hixon
21
22   S. Printed 3/6/12--S.                   [SEC 3/7/12 12:21 PM]
23   Read the first time February 1, 2012.
24
25
26




     [3793-1]
 1
 2
 3
 4
 5
 6
 7
 8
 9                                A BILL
10
11   TO AMEND SECTION 44-53-190, AS AMENDED, CODE OF
12   LAWS OF SOUTH CAROLINA, 1976, RELATING TO
13   MATERIALS,        COMPOUNDS,     MIXTURES,    AND
14   PREPARATIONS        CLASSIFIED  AS   SCHEDULE     I
15   CONTROLLED             SUBSTANCES,      INCLUDING
16   HALLUCINOGENICS, SO AS TO ADD METHYLONE, MDPV,
17   MEPHEDRONE,        METHOXYMETHCATHINONE,      AND
18   FLUROROMETHCATHINONE, COMMONLY REFERRED TO
19   AS “BATH SALTS”, TO THE LIST OF SCHEDULE I DRUGS.
20     Amend Title To Conform
21
22   Be it enacted by the General Assembly of the State of South
23   Carolina:
24
25   SECTION 1. Section 44-53-160 of the 1976 Code, as last
26   amended by Act 273 of 2010, is further amended to read:
27
28      “Section 44-53-160. (A)(1) Annually, within thirty days
29   after the convening of each regular session of the General
30   Assembly, the department shall recommend to the General
31   Assembly any additions, deletions, or revisions in the schedules of
32   controlled substances, enumerated in Sections 44-53-190,
33   44-53-210, 44-53-230, 44-53-250, and 44-53-270, which it the
34   department deems necessary. The Except as otherwise provided in
35   this section, the department shall not make any additions,
36   deletions, or revisions in such the schedules until after notice and
37   an opportunity for a hearing is afforded to all interested parties. In
38   making a recommendation to the General Assembly regarding a
39   substance, the department shall consider the following:
40          (a) The the actual or relative potential for abuse;
41          (b) The the scientific evidence of its the substance’s
42   pharmacological effect, if known;

     [3793]                            1
 1           (c) State the state of current scientific knowledge
 2   regarding the substance;
 3           (d) The the history and current pattern of abuse;
 4           (e) The the scope, duration, and significance of abuse;
 5           (f) The the risk to the public health;
 6           (g) The the potential of the substance to produce psychic
 7   or physiological dependence liability; and
 8           (h) Whether whether the substance is an immediate
 9   precursor of a substance already controlled under this Division
10   pursuant to this chapter; and
11           (i) whether the substance has an accepted or recognized
12   medical use.
13         (2) After considering the above factors listed in subsection
14   (A)(1), the department shall make a recommendation to the
15   General Assembly, specifying to what schedule the substance
16   should be added, deleted, or rescheduled, if it the department finds
17   that the substance has a potential for abuse.
18      (3)(B) During Except as otherwise provided in this section,
19   during the time the General Assembly is not in session, the
20   department may by rule add, delete, or reschedule a substance as a
21   controlled substance after providing for notice and a hearing to all
22   interested parties. The addition, deletion, or rescheduling of a
23   substance pursuant to this subsection has the full force of law
24   unless overturned by the General Assembly. Upon the adoption of
25   such rule addition, deletion, or rescheduling of a substance, the
26   department shall forward copies of the change to the chairmen of
27   the Medical Affairs Committee and the Judiciary Committee of the
28   Senate, and the Medical, Military, Public and Municipal Affairs
29   Committee, and the Judiciary Committee of the House of
30   Representatives, and to the Clerks of the Senate and House and to
31   the Chairman of the Joint Legislative Committee on Drugs and
32   Narcotics, and shall post the schedules on the department’s website
33   indicating the change and specifying the effective date of the
34   change.
35      (4)(C) If any a substance is added, deleted, or rescheduled as a
36   controlled substance under pursuant to federal law or regulation,
37   the department shall by rule, at its the first regular or special
38   meeting of the South Carolina Board of Health and Environmental
39   Control within thirty days after publication in the federal register
40   of the final order designating the substance as a controlled
41   substance or rescheduling or deleting the substance, add, delete, or
42   reschedule the substance into in the appropriate schedule, such rule
43   having. The addition, deletion, or rescheduling of a substance by

     [3793]                           2
 1   the department pursuant to this subsection has the full force of law
 2   unless overturned by the General Assembly. This rule issued The
 3   addition, deletion, or rescheduling of a substance by the
 4   department shall department pursuant to this subsection must be in
 5   substance identical with the order published in the federal register
 6   effecting the change in federal status of the substance. The
 7   department shall notify the General Assembly in writing of the
 8   change in federal law or regulation and of the corresponding
 9   change in South Carolina law Upon the addition, deletion, or
10   rescheduling of a substance, the department shall forward copies of
11   the change to the chairmen of the Medical Affairs Committee and
12   the Judiciary Committee of the Senate, the Medical, Military,
13   Public and Municipal Affairs Committee, and the Judiciary
14   Committee of the House of Representatives, and to the Clerks of
15   the Senate and House, and shall post the schedules on the
16   department’s website indicating the change and specifying the
17   effective date of the change.
18      (5)(D) The department shall exclude any nonnarcotic substance
19   from a schedule if the substance may, under the federal Food,
20   Drug, and Cosmetic Act and the law laws of this State, be lawfully
21   sold over the counter without a prescription.
22      (E) The department’s addition, deletion, or rescheduling of a
23   substance as a controlled substance is governed by this section and
24   is not subject to the promulgation requirements of Title 1, Chapter
25   23.”
26
27   SECTION 2. Section 44-53-190 of the 1976 Code, as last
28   amended by Act 267 of 2002, is further amended to read:
29
30      “Section 44-53-190. (aA) The controlled substances listed in
31   this section are included in Schedule I.
32      (bB) Any of the following opiates, including their isomers,
33   esters, ethers, salts, and salts of isomers, esters, and ethers, unless
34   specifically excepted, whenever the existence of such isomers,
35   esters, ethers, and salts is possible within the specific chemical
36   designation:
37         1. Acetylmethadol
38         2. Allylprodine
39         3. Alphacetylmethadol
40         4. Alphameprodine
41         5. Alphamethadol
42         6. Benzethidine
43         7. Betacetylmethadol

     [3793]                             3
 1      8. Betameprodine
 2      9. Betamethadol
 3      10. Betaprodine
 4      11. Clonitazene
 5      12. Dextromoramide
 6      13. [Deleted]
 7      14. Diampromide
 8      15. Diethylthiambutene
 9      16. Dimenoxadol
10      17. Dimepheptanol
11      18. Dimethylthiambutene
12      19. Dioxaphetyl butyrate
13      20. Dipipanone
14      21. Ethylmethylthiambutene
15      22. Etonitazene
16      23. Etoxeridine
17      24. Furethidine
18      25. Hydroxypethidine
19      26. Ketobemidone
20      27. Levomoramide
21      28. Levophenacylmorphan
22      29. Morpheridine
23      30. Noracymethadol
24      31. Norlevorphanol
25      32. Normethadone
26      33. Norpipanone
27      34. Phenadoxone
28      35. Phenampromide
29      36. Phenomorphan
30      37. Phenoperidine
31      38. Piritramide
32      39. Proheptazine
33      40. Properidine
34      41. Racemoramide
35      42. Trimeperidine
36      43. Propiram
37      44. Difenoxin
38      45. Alfentanyl
39      46. Tilidine
40      47. Alphamethylfentanyl (N- [1-(alpha-methyl-beta-phenyl)
41 ethyl-4-piperidyl]                                propionanilide;
42 1-(1-methyl-2-phenylethyl-4-(N-propanilido) piperidine).


    [3793]                         4
 1      (cC) Any of the following opium derivatives, their salts,
 2   isomers, and salts of isomers, unless specifically excepted,
 3   whenever the existence of such salts, isomers, and salts of isomers
 4   is possible within the specific chemical designation:
 5        1. Acetorphine
 6        2. Acetyldihydrocodeine
 7        3. Benzylmorphine
 8        4. Codeine methylbromide
 9        5. Codeine-N-Oxide
10        6. Cyprenorphine
11        7. Desomorphine
12        8. Dihydromorphine
13        9. Etorphine
14        10. Heroin
15        11. Hydromorphinol
16        12. Methyldesorphine
17        13. Methylhydromorphine
18        14. Morphine methylbromide
19        15. Morphine methylsulfonate
20        16. Morphine-N-Oxide
21        17. Myrophine
22        18. Nicocodeine
23        19. Nicomorphine
24        20. Normorphine
25        21. Pholcodine
26        22. Thebacon
27        23. Drotebanol
28      (dD) Any material, compound, mixture, or preparation which
29   contains any quantity of the following hallucinogenic substances,
30   their salts, isomers, and salts of isomers, unless specifically
31   excepted, whenever the existence of such salts, isomers, and salts
32   of isomers is possible within the specific chemical designation:
33        1. 3,4-methylenedioxy amphetamine
34        2. 5-methoxy-3,4-methylenedioxy amphetamine
35        3. 3,4-methylenedioxymethamphetamine (MDMA)
36        4. 3,4,5-trimethoxy amphetamine
37        5. Bufotenine
38        6. Diethyltryptamine (DET)
39        7. Dimethyltryptamine (DMT)
40        8. 4-methyl-2,5-dimethoxyamphetamine (STP)
41        9. Ibogaine
42        10. Lysergic acid diethylamide (LSD)
43        11. Marijuana

     [3793]                           5
 1        12. Mescaline
 2        13. Peyote
 3        14. N-ethyl-3-piperidyl benzilate
 4        15. N-methyl-3-piperidyl benzilate
 5        16. Psilocybin
 6        17. Psilocyn
 7        18. Tetrahydrocannabinol (THC)
 8        19. 2,5-dimethoxyamphetamine
 9        20. 4-bromo-2,5-dimethoxyamphetamine
10        21. 4-Methoxyamphetamine
11        22. Thiophene analog of phencyclidine
12        23. Parahexyl
13        24. Synthetic cannabinoids. – Any material, compound,
14   mixture, or preparation that is not listed as a controlled substance
15   in Schedule I through V, is not an FDA-approved drug, and
16   contains any quantity of the following substances, their salts,
17   isomers (whether optical, positional, or geometric), homologues,
18   and salts of isomers and homologues, unless specifically excepted,
19   whenever the existence of these salts, isomers, homologues, and
20   salts of isomers and homologues is possible within the specific
21   chemical designation:
22           a. Naphthoylindoles. Any compound containing a
23   3-(1-naphthoyl)indole structure with substitution at the nitrogen
24   atom of the indole ring by an alkyl, haloalkyl, alkenyl,
25   cycloalkylmethyl,                                   cycloalkylethyl,
26   1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
27   group, whether or not further substituted in the indole ring to any
28   extent and whether or not substituted in the naphthyl ring to any
29   extent. Including, but not limited to, JWH-015, JWH-018,
30   JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210,
31   JWH-398, AM-2201, WIN 55-212, AM-2201 (C1 analog),
32   AM-1220.
33           b. Naphthylmethylindoles. Any compound containing a
34   1H-indol-3-yl-(1-naphthyl)methane structure with substitution at
35   the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
36   cycloalkylmethyl,                                   cycloalkylethyl,
37   1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
38   group, whether or not further substituted in the indole ring to any
39   extent and whether or not substituted in the naphthyl ring to any
40   extent.
41           c. Naphthoylpyrroles. Any compound containing a
42   3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen
43   atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl,

     [3793]                            6
 1   cycloalkylmethyl,                                     cycloalkylethyl,
 2   1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
 3   group, whether or not further substituted in the pyrrole ring to any
 4   extent and whether or not substituted in the naphthyl ring to any
 5   extent. Including, but not limited to, JWH-307, JWH-370,
 6   JWH-176.
 7           d. Naphthylmethylindenes. Any compound containing a
 8   naphthylideneindene structure with substitution at the 3-position of
 9   the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
10   cycloalkylethyl,        1-(N-methyl-2-piperidinyl)methyl,          or
11   2-(4-morpholinyl)ethyl group, whether or not further substituted in
12   the indene ring to any extent and whether or not substituted in the
13   naphthyl ring to any extent.
14           e. Phenylacetylindoles. Any compound containing a
15   3-phenylacetylindole structure with substitution at the nitrogen
16   atom of the indole ring by an alkyl, haloalkyl, alkenyl,
17   cycloalkylmethyl,                                     cycloalkylethyl,
18   1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
19   group, whether or not further substituted in the indole ring to any
20   extent and whether or not substituted in the phenyl ring to any
21   extent. Including, but not limited to, SR-18, RCS-8, JWH-203,
22   JWH-250, JWH-251.
23           f. Cyclohexylphenols. Any compound containing a
24   2-(3-hydroxycyclohexyl)phenol structure with substitution at the
25   5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl,
26   cycloalkylmethyl,                                     cycloalkylethyl,
27   1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
28   group, whether or not substituted in the cyclohexyl ring to any
29   extent. Including, but not limited to, CP 47,497 (and homologues),
30   cannabicyclohexanol, CP-55, 940.
31           g. Benzoylindoles. Any compound containing a
32   3-(benzoyl)indole structure with substitution at the nitrogen atom
33   of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
34   cycloalkylethyl,        1-(N-methyl-2-piperidinyl)methyl,          or
35   2-(4-morpholinyl)ethyl group, whether or not further substituted in
36   the indole ring to any extent and whether or not substituted in the
37   phenyl ring to any extent. Including, but not limited to, AM-694,
38   Pravadoline (WIN 48,098), RCS-4, AM-630, AM-1241,
39   AM-2233.
40           h. 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
41   [1,2,3-de]-1, 4-benzoxazin-6-yl]-1-napthalenylmethanone (WIN
42   55,212-2).


     [3793]                            7
 1           i. 9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
 2   – 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol 7370 (HU-210,
 3   HU-211).
 4           j. Adamantoylindoles. Any compound containing a
 5   3-(1-adamantoyl)indole structure with substitution at the nitrogen
 6   atom of the indole ring by a alkyl, haloalkyl, alkenyl,
 7   cycloalkylmethyl,                                   cycloalkylethyl,
 8   1-(N-methyl-2-piperidinyl)methyl       or    2-(4-morpholinyl)ethyl
 9   group, whether or not further substituted in the indole ring to any
10   extent and whether or not substituted in the adamantyl ring system
11   to any extent.
12      (eE) Depressants. Unless specifically excepted or unless listed
13   in another schedule, any material, compound, mixture, or
14   preparation which contains any quantity of the following substance
15   having a depressant effect on the central nervous system, including
16   its salts, isomers, and salts of isomers if possible within the
17   specific chemical designation:
18         (1) Mecloqualone;
19         (2) Methaqualone; or
20         (3) Gamma Hydroxybutyric Acid.
21      (fF) Stimulants. Unless specifically excepted or unless listed in
22   another schedule, any material, compound, mixture, or preparation
23   which contains any quantity of the following substances having a
24   stimulant effect on the central nervous system, including its salts,
25   isomers, and salts of isomers:
26         (1) Fenethylline.;
27         (2) N-ethylamphetamine;
28         (3) Cathinone; or
29         (4) Substituted Cathinones.
30   Any compound (not being bupropion) structurally derived from
31   2-amino-1-phenyl-1-propanone by modification in any of the
32   following ways:
33           (a) by substitution in the phenyl ring to any extent with
34   alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents,
35   whether or not further substituted in the phenyl ring by one or
36   more other univalent substituents;
37           (b) by substitution at the 3-position with an alkyl
38   substituent;
39           (c) by substitution at the nitrogen atom with alkyl or
40   dialkyl groups, benzyl or methoxybenzyl groups; or
41           (d) by inclusion of the nitrogen atom in a cyclic structure.
42   Including, but not limited to: Methylone, Mephedrone,
43   3,4-Methylenedioxypyrovalerone (MDPV), Butylone, Methedrone,

     [3793]                           8
 1   4-Methylethcathinone,      Flephedrone,     Pentylone,    Pentedrone,
 2   Buphedrone.”
 3
 4   SECTION 3. If any section, subsection, paragraph, subparagraph,
 5   sentence, clause, phrase, or word of this act is for any reason held
 6   to be unconstitutional or invalid, such holding shall not affect the
 7   constitutionality or validity of the remaining portions of this act,
 8   the General Assembly hereby declaring that it would have passed
 9   this act, and each and every section, subsection, paragraph,
10   subparagraph, sentence, clause, phrase, and word thereof,
11   irrespective of the fact that any one or more other sections,
12   subsections, paragraphs, subparagraphs, sentences, clauses,
13   phrases, or words hereof may be declared to be unconstitutional,
14   invalid, or otherwise ineffective.
15
16   SECTION 4. The repeal or amendment by this act of any law,
17   whether temporary or permanent or civil or criminal, does not
18   affect pending actions, rights, duties, or liabilities founded thereon,
19   or alter, discharge, release or extinguish any penalty, forfeiture, or
20   liability incurred under the repealed or amended law, unless the
21   repealed or amended provision shall so expressly provide. After
22   the effective date of this act, all laws repealed or amended by this
23   act must be taken and treated as remaining in full force and effect
24   for the purpose of sustaining any pending or vested right, civil
25   action, special proceeding, criminal prosecution, or appeal existing
26   as of the effective date of this act, and for the enforcement of
27   rights, duties, penalties, forfeitures, and liabilities as they stood
28   under the repealed or amended laws.
29
30   SECTION 5. This act takes effect upon approval by the Governor.
31                            ----XX----
32




     [3793]                             9

				
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