1. (A) It is unlawful for a person to take or exercise control over a controlled substance, the immediate precursor of a controlled substance, or ephedrine, pseudoephedrine, or phenylpropanolamine belonging to another person or entity with the intent to deprive the person or entity of the controlled substance, the immediate precursor, or ephedrine, pseudoephedrine, or phenylpropanolamine.

2. (B) A person who knowingly and intentionally violates subsection (A):

   1. (1) for a first offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both; and
   2. (2) for a second or subsequent violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both.

HISTORY: 2002 Act No. 365, SECTION 1, eff September 26, 2002; 2005 Act No. 127, SECTION 3, eff June 7, 2005.

Editor's Note

Section 44-53-160(B) authorizes the Department of Public Health, formerly the Department of Health and Environmental Control, to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at https://dph.sc.gov/professionals/healthcare-quality/drug-control-register-verify/controlled-substance-schedule