Reference is to Printer's Date 3/8/18-H.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1.A. Section 44-53-160 of the 1976 Code is amended to read:
"Section 44-53-160.
(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, and to the Clerks of the Senate
and House, and shall post the schedules on the department's
website indicating the change and specifying the effective date
of the change. (
CB)
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, and the
Chairman of the Judiciary Committee of the House of
Representatives, and to 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.
(DC)
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.
(ED)
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 Title 1, Chapter 23, Title
1."
SECTION 1.B. The repeal or amendment by this act of any law, including regulations promulgated pursuant to SECTION 1.A., whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. /
Renumber sections to conform.
Amend title to conform.