Rep. Rutherford proposes the following amendment (LC-3503.SA0010H):

Amend the bill, as and if amended, by deleting SECTION 2 and SECTION 3.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 44-53-370(e) of the S.C. Code is amended by adding an item to read:

(9) powdered fentanyl or powdered fentanyl related substance as defined in Section 44-53-10 or Section 44-53-210, that is at least twenty percent pure fentanyl, is guilty of a felony and, upon conviction, must be punished as follows if the quantity involved is:

(a) less that fifteen milligrams, guilty of possession with intent to distribute, dispense, or deliver fentanyl or fentanyl related substance, and upon conviction, is subject to a term of imprisonment of up to five years;

(b) fifteen milligrams but less than fifty milligrams, guilty of trafficking in fentanyl, and upon conviction, is subject to a term of imprisonment of up to fifteen years;

(c) fifty milligrams but less than one hundred milligrams, guilty of trafficking in fentanyl and upon conviction, is subject to a term of imprisonment of up to twenty-five years;

(d) one hundred milligrams or more, guilty of trafficking in fentanyl and upon conviction, is subject to a term of imprisonment of up to thirty years.