Bill 281

                    Current Status

Bill Number:               281
Ratification Number:       177
Act Number                 115
Introducing Body:          Senate
Subject:                   Regulation of anabolic steroids

(A115, R177, S281)

AN ACT TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 SO AS TO DEFINE "ANABOLIC STEROID", TO PROVIDE THAT CERTAIN ANABOLIC STEROIDS EXPRESSLY INTENDED FOR CATTLE OR NONHUMAN SPECIES ARE EXEMPT FROM REGULATION UNDER THE PROVISIONS OF THIS ARTICLE, TO ESTABLISH THE CONDITIONS UNDER WHICH A PRACTITIONER OR VETERINARIAN ENGAGES IN UNPROFESSIONAL CONDUCT, TO PROVIDE FOR THE REGULATION OF ANABOLIC STEROIDS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Be it enacted by the General Assembly of the State of South Carolina:

Regulation of anabolic steroids

SECTION 1. Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Article 14

Anabolic Steroids

Section 44-53-1510. (A) The term 'anabolic steroid' includes any of the following or any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body:

( 1) clostebol;

( 2) dehydrochlormethyltestosterone;

( 3) ethylestrenol;

( 4) fluoxymesterone;

( 5) mesterolone;

( 6) methandienone;

( 7) methandrostenolone;

( 8) methenolone;

( 9) methyltestosterone;

(10) nandrolone;

(11) norethandrolone;

(12) oxandrolone;

(13) oxymesterone;

(14) oxymetholone;

(15) stanozolol; and

(16) testosterone.

(B) Anabolic steroids that are expressly intended for administration through implants to cattle or other nonhuman species, and that are approved by the federal Food and Drug Administration for this use, are not considered anabolic steroids as defined by this article and are not governed by its provisions.

Section 44-53-1520. It is unprofessional conduct, and is not a valid medical purpose, for a practitioner or veterinarian to prescribe, dispense, or administer an anabolic steroid, or a pharmacist to dispense an anabolic steroid, for the purpose of the hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so, or for the intended purpose of improving performance in any form of exercise, sport, or game.

Section 44-53-1530. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally possess anabolic steroids as defined in this article unless the steroids were obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally prescribe, dispense, deliver, or administer anabolic steroids to a person. Any person who violates this article with respect to:

(1) prescription, dispensation, delivery, or administration of an anabolic steroid, or delivery of an anabolic steroid to a person for human use without any purpose other than a valid medical purpose, or the sale or delivery of an anabolic steroid to a person for human use without a valid prescription, or the prescription, dispensation, delivery, or administration of an anabolic steroid to a person by any person who is not a practitioner, pharmacist, or veterinarian, is guilty of a felony and, upon conviction, must be punished as follows:

(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;

(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both;

(2) possession of ten or fewer dosage units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, imprisoned for a term not to exceed six months or fined in an amount not to exceed one thousand dollars;

(b) for a second or subsequent offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;

(3) possession of more than ten but fewer than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;

(b) for a second or subsequent offense, imprisoned for a term not to exceed two years or fined in an amount not to exceed three thousand dollars, or both;

(4) possession of more than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a felony and, upon conviction, must be punished as follows:

(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;

(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both.

Section 44-53-1550. For purposes of determining whether or not a person has committed a second or subsequent offense under the provisions of this article, a violation of any other provision of this article or provision of law of the United States or any state, territory, or district, relating to an anabolic steroid, constitutes a prior offense."

Crimes added to list of felonies

SECTION 2. The crimes added in Article 14 of Chapter 53, Title 44 of the 1976 Code, classified as felonies, as contained in Section 1 of this act, relating to unlawfully possessing or prescribing anabolic steroids, are added to the list of crimes classified as felonies in Section 16-1-10.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.