reglab/housing_qa huggingface dataset:
SC Code § 44-53-400 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-400. Penalties in article in addition to those under other laws.

 Any penalty imposed for violation of this article shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.  HISTORY: 1962 Code Section 32-1510.52; 1971 (57) 800.
SC Code § 44-53-410 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-410. Prosecution in another jurisdiction shall be bar to prosecution.

 If a violation of this article is a violation of a Federal law or the law of another state, the conviction or acquittal under Federal law or the law of another state for the same act is a bar to prosecution in this State.  HISTORY: 1962 Code Section 32-1510.53; 1971 (57) 800.
SC Code § 44-53-420 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-420. Attempt and conspiracy; attempt to possess; penalties.

 (A) Except as provided in subsection (B), a person who attempts or conspires to commit an offense made unlawful by the provisions of this article, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted; but the fine or imprisonment shall not exceed one half of the punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.  (B) A person who attempts to possess a substance made unlawful by the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.  HISTORY: 1962 Code Section 32-1510.54; 1971 (57) 800; 2005 Act No. 127, Section 7, eff June 7, 2005.
SC Code § 44-53-430 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-430. Appeals from orders of Department.

 Any person may appeal from any order of the Department within thirty days after the filing of the order, to the court of common pleas of the county in which the aggrieved party resides or in which his place of business is located. The Department shall thereupon certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary appeals in equity. The court may order or permit further testimony on the merits of the case, in its discretion such testimony to be given either before the judge or referee by him appointed. From such judgment of the court an appeal may be taken as in other civil actions.  HISTORY: 1962 Code Section 32-1510.55; 1971 (57) 800.
SC Code § 44-53-440 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-440. Distribution to persons under eighteen.

 Any person eighteen years of age or over who violates Section 44-53-370(a) by distributing a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, or who violates Section 44-53-375(B) by distributing crack cocaine to a person under eighteen years of age is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years or fined not more than thirty thousand dollars, or both, and the sentence may not be suspended and probation may not be granted. Any person eighteen years of age or over who violates Section 44-53-370(a) and (b) by distributing any other controlled substance listed in Schedules I through V to a person under eighteen years of age is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both. Any violation of this section constitutes a separate offense.  HISTORY: 1962 Code Section 32-1510.56; 1971 (57) 800; 1974 (58) 2284; 1987 Act No. 128, Section 3.  Code Commissioner's Note  At the direction of the Code Commissioner, references to "Schedule I (b) and (c)" were changed to "Schedule I (B) and (C)" to reflect the amendment of Section 44-53-190 by 2012 Act No. 140, Section 2.  Editor's Note  Section 44-53-160(B) authorizes 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 http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
SC Code § 44-53-460 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-460. Reduced sentence for accommodation offenses.

 Any person who enters a plea of guilty to or is found guilty of a violation of Section 44-53-370(a) or (c) may move for and the court shall grant a further hearing at which evidence may be presented by the person, and by the prosecution if it so desires, relating to the nature of the act on the basis of which the person has been convicted. If the convicted person establishes by clear and convincing evidence that he delivered or possessed with intent to deliver a controlled substance, except a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, only as an accommodation to another individual and not with intent to profit thereby nor to induce the recipient or intended recipient of the controlled or counterfeit substance to use or become addicted to or dependent upon the substance, the court shall sentence the person as if he had been convicted of a violation of Section 44-53-370(c).  HISTORY: 1962 Code Section 32-1510.58; 1971 (57) 800; 1974 (58) 2284.  Code Commissioner's Note  At the direction of the Code Commissioner, references to "Schedule I (b) and (c)" were changed to "Schedule I (B) and (C)" to reflect the amendment of Section 44-53-190 by 2012 Act No. 140, Section 2.
SC Code § 44-53-485 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-485. Handling of seized controlled substances; use of photographs or videotapes of substances at trial; admissibility of evidence.

 (A) Controlled substances seized pursuant to this article must be inventoried, reported, audited, handled, tested, stored, preserved, or destroyed pursuant to procedures promulgated by the South Carolina Law Enforcement Division.  (B) The chief law enforcement official of the seizing agency, his designee, or the clerk of court, after one year following the conviction, guilty plea, plea by nolo contendere, or other disposition of the criminal case, may order the destruction or other lawful disposition of the substances unnecessary for evidentiary purposes in accordance with procedures promulgated by the division.  (C) The chief law enforcement official of the seizing agency or his designee, after a reasonable period of time following the seizure, may order the destruction or other lawful disposition of substances that do not come within the jurisdiction of court.  (D) When large amounts of substances are seized and storage is impractical, a law enforcement officer, only with the prior written approval and consent of the solicitor, may substitute photographs or videotapes of the substances at trial so long as a representative sample is analyzed for proof of the matter that the substances actually are present. When substitutions are used, the chief law enforcement official or his designee may authorize the destruction of the substances ten days following seizure.  (E) In all subsequent court proceedings following the disposition of the case, all evidence presented at the original proceedings is admissible through introduction of the certified record of the case.  HISTORY: 1992 Act No. 387, Section 2.
SC Code § 44-53-490 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-490. Drug inspectors.

 The Department of Health and Environmental Control shall designate persons holding a degree in pharmacy to serve as drug inspectors. Such inspectors shall, from time to time, but no less than once every three years, inspect all practitioners and registrants who manufacture, dispense, or distribute controlled substances, including those persons exempt from registration but who are otherwise permitted to keep controlled substances for specific purposes. The drug inspector shall submit an annual report by the first day of each year to the Department and a copy to the Commission on Alcohol and Drug Abuse specifying the name of the practitioner or the registrant or such exempt persons inspected, the date of inspection and any other violations of this article.  The Department may employ other persons as agents and assistant inspectors to aid in the enforcement of those duties delegated to the Department by this article.  HISTORY: 1962 Code Section 32-1510.61; 1971 (57) 800; 1974 (58) 2228.
SC Code § 44-53-540 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-540. Burden of proof.

 (a) It shall not be necessary for the State to negate any exemption or exception set forth in this article in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this article, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.  (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this article, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.  HISTORY: 1962 Code Section 32-1510.65; 1971 (57) 800; 1974 (58) 2284.
SC Code § 44-53-550 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-550. Prosecutions prior to effective date of article.

 Prosecution occurring prior to June 17, 1971 is not affected or abated by this article. However, if the offense being prosecuted is similar to one set forth in Sections 44-53-370 to 44-53-470, then the penalties under Sections 44-53-370 to 44-53-470 shall apply if they are less than under prior law.  Offenses occurring prior to June 17, 1971 may be prosecuted under the statute then in force, but shall be subject to penalty limitations in this section.  HISTORY: 1962 Code Section 32-1510.66; 1971 (57) 800; 1974 (58) 2228.
SC Code § 44-53-570 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-570. Service of search warrants.

 A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the magistrate or judge of any court of record of the State having jurisdiction over the area where the property sought is located is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.  HISTORY: 1962 Code Section 32-1510.68; 1971 (57) 800.
SC Code § 44-53-577 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-577. Illegal acts involving persons under seventeen years of age; penalties; separate offense.

 (A) It is unlawful for any person at least seventeen years of age to knowingly and intentionally:  (1) use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Section 44-53-370 or 44-53-375(B);  (2) receive a controlled substance from a person under seventeen years of age in violation of this chapter; or  (3) conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Section 44-53-370 or 44-53-375(B).  (B) Any person who violates subsection (A)(1), (A)(2), or (A)(3) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. A violation of this section constitutes a separate offense.  HISTORY: 1990 Act No. 604, Section 12.  Editor's Note  Section 44-53-160(B) authorizes 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 http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
SC Code § 44-53-582 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-582. Return of monies used to purchase controlled substances.

 All monies used by law enforcement officers or agents, in the line of duty, to purchase controlled substances during a criminal investigation must be returned to the state or local agency or unit of government furnishing the monies upon a determination by the court that the monies were used by law enforcement officers or agents, in the line of duty, to purchase controlled substances during a criminal investigation. The court may order a defendant to return the monies to the state or local agency or unit of government at the time of sentencing.  HISTORY: 1984 Act No. 482, Section 6; 1986 Act No. 404, Section 5; 2010 Act No. 273, Section 42, eff June 2, 2010.
SC Code § 44-53-586 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-586. Return of seized items to innocent owners; notice of hearing or rule to show cause; continuation of liens of innocent persons.

 (a) Any innocent owner or any manager or owner of a licensed rental agency or any common carrier or carrier of goods for hire may apply to the court of common pleas for the return of any item seized under the provisions of Section 44-53-520. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice under Section 44-53-530. If the judge denies the application, the hearing may proceed as a forfeiture hearing held pursuant to Section 44-53-530.  (b) The court may return any seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:  (1) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.  (2) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that any agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.  If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.  (c) The lien of any innocent person or other legal entity, recorded in public records, shall continue in force upon transfer of title of any forfeited item, and any transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture.  HISTORY: 1984 Act No. 482, Section 8; 1986 Act No. 404, Section 7.
SC Code § 44-53-590 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-590. Penalty for use of property in manner which makes it subject to forfeiture.

 Any person who uses property or a conveyance in a manner which would make the property or conveyance subject to forfeiture as provided for in Sections 44-53-520 or 44-53-530, except for innocent owners, rental agencies, lienholders, and the like as provided for in this article, is guilty of a misdemeanor and upon conviction must be imprisoned for not less than thirty days nor more than one year or fined not more than five thousand dollars, or both, in the discretion of the court. The penalties prescribed in this section are cumulative and must be construed to be in addition to any other penalty prescribed by any other provision of this article relating to controlled substances or harmful or illegal drugs.  HISTORY: 1984 Act No. 482, Section 10.
SC Code § 44-53-610 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-610. Short title.

 This article may be cited as the "South Carolina Controlled Substances Therapeutic Research Act of 1980".  HISTORY: 1980 Act No. 323, Section 1.
SC Code § 44-53-620 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-620. Definitions.

 As used in this article unless the context clearly indicates otherwise:  (a) "Director" means the Director of the Department of Health and Environmental Control;  (b) "Marijuana" means marijuana, all tetrahydrocannabinols or a chemical derivative of any tetrahydrocannabinol;  (c) "Practitioner" means a physician licensed to practice medicine in this State and licensed to prescribe and administer drugs which are subject to regulation under the provisions of Article 3, Chapter 53 of Title 44 of the 1976 Code.  HISTORY: 1980 Act No. 323, Section 3; 1993 Act No. 181, Section 1110.
SC Code § 44-53-630 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-630. Establishment of therapeutic research program; regulations; limits as to patient eligibility.

 (A) There is established in the Department of Health and Environmental Control a controlled substances therapeutic research program. The program shall be administered by the director. The program shall distribute to cancer chemotherapy and radiology patients and to glaucoma patients who are certified pursuant to this article marijuana under the terms and conditions of this article for the purpose of alleviating the patient's discomfort, nausea and other painful side effects of their disease or chemotherapy treatments. The department shall promulgate regulations necessary for the proper administration of this article and in such promulgation, the department shall take into consideration those pertinent regulations promulgated by the Drug Enforcement Agency, U. S. Department of Justice; Food and Drug Administration; the National Institute on Drug Abuse, and the National Institutes of Health.  (B) Except as provided in subsection (c) of Section 44-53-640, the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review advisory board by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional controlled substances or where the conventional controlled substances administered have proven to be effective but where the patient has incurred severe side effects.  HISTORY: 1980 Act No. 323, Section 4; 1993 Act No. 181, Section 1111.
SC Code § 44-53-640 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-640. Patient Qualification Review Advisory Board; membership; compensation; duties.

 (a) The director shall appoint a Patient Qualification Review Advisory Board to serve at his pleasure. The Patient Qualification Review Advisory Board shall be comprised of:  (1) a physician licensed to practice medicine in South Carolina and certified by the American Board of Ophthalmology;  (2) a physician licensed to practice medicine in South Carolina and certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology;  (3) a physician licensed to practice medicine in South Carolina and certified by the American Board of Psychiatry; and  (4) a pharmacologist holding a Doctoral degree or its equivalent.  Members of the board shall be paid the usual per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.  (b) The department shall review all applicants for the controlled substances therapeutic research program and their licensed practitioners and certify their participation in the program.  (c) The department, in its discretion, may include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to both the director and the department and after necessary approval is received by the appropriate federal agencies.  HISTORY: 1980 Act No. 323, Section 5; 1993 Act No. 181, Section 1112.
SC Code § 44-53-650 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-650. Director to obtain and distribute marijuana.

 (a) The director shall obtain marijuana through whatever means he deems most appropriate consistent with federal law.  (b) The director shall cause such analyzed marijuana to be transferred to various locations throughout the State that provide adequate security as set forth in federal and state regulations for the purpose of distributing such marijuana to the certified patient in such manner as is consistent with federal law. The patient shall not be required to pay for such marijuana but the director may charge for ancillary medical services provided by the department to compensate the department for the cost, if any, of securing such marijuana, and providing it to the patient.  HISTORY: 1980 Act No. 323, Section 6; 1993 Act No. 181, Section 1113.
SC Code § 44-53-660 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-660. Annual report.

 The director shall annually report to the General Assembly his opinion as to the effectiveness of this program and his recommendations for any changes thereto.  HISTORY: 1980 Act No. 323, Section 7; 1993 Act No. 181, Section 1114.
SC Code § 44-53-710 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 53 - Poisons, Drugs And Other Controlled Substances|Section 44-53-710. Exclusive control over methadone vested in Department of Health and Environmental Control.

 The South Carolina Department of Health and Environmental Control has exclusive control over the controlled substance methadone.  HISTORY: 1962 Code Section 32-1510.81; 1972 (57) 2642; 1980 Act No. 439, Section 1; 1993 Act No. 181, Section 1115; 2000 Act No. 355, Section 11.