Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 27, 2024

 

S. 849

 

Introduced by Senators Verdin and Senn

 

S. Printed 03/27/24--S.

Read the first time January 09, 2024

 

________

 

The committee on Senate Judiciary

To whom was referred a Bill (S. 849) to amend the South Carolina Code of Laws by amending Section 44-53-230, relating to Schedule III controlled substances, so as to add xylazine as a Schedule III controlled, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-230(c)(13) and inserting:

    13. Xylazine.

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

SECTION X. Chapter 53, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-53-373. Nothing in this article applies to veterinarians in connection with the practice of their profession and the legitimate use of xylazine within the veterinary practice, including:

    (A) the distribution or possession of xylazine by a licensed veterinarian for use in legitimate veterinary practice;

    (B) the possession of xylazine pursuant to a valid prescription from a licensed veterinarian; or

    (C) the possession of xylazine in an injectable form for use in a nonhuman species.

 

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill creates both a felony offense and a misdemeanor offense related to the unlawful manufacture or possession of xylazine and establishes two related penalty schedules.  The felony offense of unlawful production, manufacture, distribution, or possession with intent to produce, manufacture, or distribute xylazine for a use other than a nonhuman use is punishable by imprisonment for not more than ten years or a fine of not more than $15,000, or both.  The misdemeanor offense of knowingly or intentionally possessing xylazine is punishable by imprisonment for not more than 180 days or a fine of not more than $500, or both.  The bill provides exceptions in instances where the drug is used in legitimate veterinary practice; is produced, distributed, or possessed in bulk for pharmaceutical or veterinary compounding for use in a nonhuman species; is possessed pursuant to a valid prescription from a licensed veterinarian for use in a nonhuman species; or is possessed in an injectable form for use in a nonhuman species. For information, according to the U.S. Department of Justice Drug Enforcement Administration, xylazine, also known as "tranq," is a drug that is often combined with fentanyl or other drugs and has been detected in a growing number of overdose deaths. 

 

Judicial.  Judicial reports that implementation of the bill may result in an increase in general sessions court caseloads, which can be managed using existing staff and appropriations.  Therefore, the bill will result in no expenditure impact for Judicial. 

 

Commission on Prosecution Coordination.  This bill creates new offenses, which could result in an increase in the number of warrants that are sent to the Offices of Circuit Solicitor for review, prosecution, and disposition; however, the potential increase in warrants is unknown. Any increase in the number of warrants will result in an increase in the workload. The agency indicates that if this bill results in a significant increase in the workload, the agency will request an increase in General Fund appropriations. 

 

Commission on Indigent Defense. This bill creates new offenses, which could result

in an increase in the number cases handled by the Commission on Indigent Defense.  The agency indicates that if this bill results in a significant increase in the workload, the agency will request an increase in General Fund appropriations. 

 

Department of Corrections.  This bill may result in an increase in the number of inmates housed by the Department of Corrections.  However, no data are available to estimate the increase in the number of inmates that may be housed by Corrections.  According to Corrections, in FY 2022-23, the annual total cost per inmate was $37,758, of which $34,570 was state funded.  However, as the potential increase in incarcerations is unknown, any expenditure impact for Corrections is undetermined. Corrections indicates that if this bill results in a significant increase in the inmate population, the agency will request an increase in General Fund appropriations. 

 

Department of Health and Environmental Control.  DHEC's Bureau of Drug Control enforces the SC Controlled Substances Act, which designates controlled substances as Schedule I through V drugs.  This bill classifies xylazine as a Schedule III controlled substance, except when distributed or possessed by a veterinarian for use in nonhuman species.  The department indicates that the bill will not have an expenditure impact since the designation and regulation of controlled substances is conducted in the normal course of agency business.

 

State Revenue

RFA anticipates this bill may increase General Fund revenue from fines, as well as Other Funds revenue, due to the increase in fines and fees for the new offenses brought in general sessions courts. However, as the number of such offenses that might occur in a given year is unknown, the revenue impact is undetermined.

 

Local Expenditure

RFA anticipates that this bill may result in an increase in local expenditures due to a potential increase in the local jail population resulting from the newly created misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $500, or both.  However, as the number of such offenses that might occur in a given year is unknown, the potential increase in the local jail population and local expenditure is undetermined. 

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

________

 

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AmendING SECTION 44-53-230, relating to schedule iii controlled substances, SO AS TO ADD XYLAZINE as a schedule III controlled substance, WITH EXCEPTIONS; AND BY ADDING SECTION 44-53-372 SO AS TO PROHIBIT THE PRODUCTION, MANUFACTURE, DISTRIBUTION, OR POSSESSION OF XYLAZINE, WITH EXCEPTIONS, AND TO ESTABLISH ASSOCIATED CRIMINAL PENALTIES.

 

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

 

SECTION 1.  Section 44-53-230(c) of the S.C. Code is amended by adding:

 

    13. Xylazine, except when used in any of the following manners:

           (A) the distribution or possession of xylazine by a licensed veterinarian for use in legitimate veterinary practice;

           (B) the possession of xylazine pursuant to a valid prescription from a licensed veterinarian; or

           (C) the possession of xylazine in an injectable form for use in a nonhuman species.

 

SECTION 2.  Article 3, Chapter 53, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-53-372. (A)(1) It is unlawful for any person to knowingly or intentionally produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute xylazine for a use other than a nonhuman use.

       (2) A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than fifteen thousand dollars, or both.

    (B)(1) It is unlawful for any person to knowingly or intentionally possess xylazine.

       (2) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one hundred eighty days or fined not more than five hundred dollars, or both.

    (C) The provisions of this section do not apply to any of the following:

       (1) the production, manufacturing, distribution, or possession of xylazine for use in legitimate veterinary practice;

       (2) the production, manufacturing, distribution, or possession of a xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian for use in a nonhuman species;       (3) the possession of xylazine pursuant to a valid prescription from a licensed veterinarian for use in a nonhuman species; or

       (4) the possession of xylazine in an injectable form for use in a nonhuman species.

    (D) For purposes of this section, "xylazine" means xylazine and any salt, sulfate, isomer, homologue, analogue, or other preparation of xylazine, and any salt, isomer, compound, derivative, precursor, homologue, analogue, or other preparation thereof that is substantially chemically equivalent or identical to xylazine.

 

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

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