§ 44-53-160 — Manner in which changes in schedule of controlled substances made.

South Carolina § 44-53-160

• Jurisdiction: South Carolina
• Title 44: HEALTH
• Ch. 53: POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES

Text

(A)(1) Annually, within thirty days after the convening of each regular session of the General Assembly, the department shall recommend to the General Assembly any additions, deletions, or revisions in the schedules of controlled substances enumerated in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270 which the department deems necessary. Except as otherwise provided in this section, the department shall not make any additions, deletions, or revisions in the schedules until after notice and an opportunity for a hearing is afforded to all interested parties. In making a recommendation to the General Assembly regarding a substance, the department shall consider the following: (a) the actual or relative potential for abuse; (b) the scientific evidence of the substance's pharmacological effect, if known; (c) the state of current scientific knowledge regarding the substance; (d) the history and current pattern of abuse; (e) the scope, duration, and significance of abuse; (f) the risk to public health; (g) the potential of the substance to produce psychic or physiological dependence liability; (h) whether the substance is an immediate precursor of a substance already controlled pursuant to this chapter; and (i) whether the substance has an accepted or recognized medical use. (2) After considering the factors listed in subsection (A)(1), the department shall make a recommendation to the General Assembly specifying to what schedule the substance should be added, deleted, or rescheduled, if the department finds that the substance has a potential for abuse. (B) Except as otherwise provided in this section, during the time the General Assembly is not in session, the department may add, delete, or reschedule a substance as a controlled substance after providing notice and a hearing to all interested parties. The addition, deletion, or rescheduling of a substance pursuant to this subsection has the full force of law unless overturned by the General Assembly. Upon the addition, deletion, or rescheduling of a substance, the department shall forward copies of the change to the Chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Medical, Military, Public and Municipal Affairs Committee, and the Judiciary Committee of the House of Representatives, the Clerks of the Senate and House, and the Code Commissioner, and shall post the schedules on the department's website indicating the change and specifying the effective date of the change. (C) If a substance is added, deleted, or rescheduled as a controlled substance pursuant to federal law or regulation, the department shall, at the first regular or special meeting of the South Carolina Board of Health and Environmental Control within thirty days after publication in the federal register of the final order designating the substance as a controlled substance or rescheduling or deleting the substance, add, delete, or reschedule the substance in the appropriate schedule. The addition, deletion, or rescheduling of a substance by the department pursuant to this subsection has the full force of law unless overturned by the General Assembly. The addition, deletion, or rescheduling of a substance by the department pursuant to this subsection must be in substance identical with the order published in the federal register effecting the change in federal status of the substance. Upon the addition, deletion, or rescheduling of a substance, the department shall forward copies of the change to the Chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Chairman of the Medical, Military, Public and Municipal Affairs Committee, the Chairman of the Judiciary Committee of the House of Representatives, the Clerks of the Senate and House, and the Code Commissioner, and shall post the schedules on the department's website indicating the change and specifying the effective date of the change. (D) The department shall exclude any nonnarcotic substance from a schedule if the substance may, under the federal Food, Drug, and Cosmetic Act and the laws of this State, be lawfully sold over the counter without a prescription. (E) The department's addition, deletion, or rescheduling of a substance as a controlled substance is governed by this section and is not subject to the promulgation requirements of Chapter 23, Title 1.

Legislative History

HISTORY: 1962 Code SECTION 32-1510.28; 1971 (57) 800; 1974 (58) 2228; 2010 Act No. 273, SECTION 36, eff June 2, 2010; 2012 Act No. 140, SECTION 1, eff April 2, 2012; 2018 Act No. 166 (H.3822), SECTION 1, eff May 3, 2018; 2018 Act No. 216 (H.4487), SECTION 1, eff May 18, 2018. Code Commissioner's Note At the direction of the Code Commissioner, the amendments to (B) and (C) made by 2018 Act No. 166 and 2018 Act No. 216 were read together. 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 Effect of Amendment 2018 Act No. 166, SECTION 1, in (B), in the third sentence, substituted "the Clerks of the Senate and House, and the Code Commissioner," for "and to the Clerks of the Senate and House,"; and in (C), in the fourth sentence, substituted "the Clerks of the Senate and House, and the Code Commissioner," for "and to the Clerks of the Senate and House,". 2018 Act No. 216, SECTION 1, in (C), in the fourth sentence, inserted "Chairman of the" in two places and made a nonsubstantive change; and in (E), substituted "Chapter 23, Title 1" for "Title 1, Chapter 23".