This information is offered as a guideline and quick reference of certain South Carolina drug statutes.  Officers should read and be familiar with the entire statutes, penalties, and elements that constitute statute violations. 
Complete versions of these statutes can be found by clicking on the following links: 
If you have questions regarding these statutes and/or their applications, call your local solicitor's office and/or seek counsel from your department’s legal advisor.
Title-Chapter-Section
44-53-40 Obtaining certain drugs, devices, preparations or compounds by fraud, deceit, or the like.
44-53-190, 210, 230, 250, 270 Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule IV, respectively.  In dealing with designer drugs for which there is no specific statute, the officer should consider any controlled substance chemicals, compounds, mixtures or derivatives used in the manufacture of the drug, as a possible statute violation. If such a situation occurs, officers should seek legal counsel before making an arrest.
44-53-370 Prohibited acts A; penalties. Prohibits unlawful possession, manufacturing, distribution, and possession with intent to distribute and trafficking of a controlled substance. Lists the weights of controlled substances used in determining the appropriate charges and sentencing and fine guidelines.
44-53-375 Possession, distribution, and manufacture of ice, crank, crack cocaine prohibited; penalties.  (Crack Cocaine and Methamphetamine Statute.) Covers possession, distribution, possession with intent to distribute, and trafficking crack cocaine, "crank" (methamphetamine), and "ice" (also methamphetamine).
44-53-391 Unlawful to advertise for sale, manufacture, possess, sell or deliver, or to possess with intent to sell or deliver, paraphernalia.  (Paraphernalia Statute) This statute is a civil statute, not a criminal statute. You may seize drug paraphernalia under this statute, but you may not arrest someone for possessing drug paraphernalia under this statute. CIVIL ONLY, NOT CRIMINAL. In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other relevant factors, the following: Statements by the person in control of the item; the proximity of the item to a controlled substance; the existence of drug residue; direct or circumstantial evidence; instructions, oral or written, provided with the item; descriptive materials accompanying the item; advertising concerning the items use; the manner in which the item is displayed; the existence and scope of legitimate uses for the item and expert testimony concerning the items use.
44-53-445 Distribution of controlled substance within proximity of school.  (1/2 mile radius) It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with the intent to distribute, a controlled substance within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or public or private college or university.
44-53-520 Forfeitures.  (Asset forfeiture.) This statute provides authority and guidelines to seize property used to aid and facilitate drug distribution and trafficking. Any monies seized must be deposited into an interest bearing account pending final disposition by the court. 44-53-530 outlines the procedures that must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted within a reasonable time period, set forth the facts of the seizure, describe the property to be seized and identify the names of owners and lien holders. All forfeited monies and proceeds from the sale of forfeited property must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate account. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. The accounts must be used for drug enforcement activities; prosecution of drug related offenses and litigation of drug related matters. These accounts must not be used to supplant operating funds in the current or future budget.
44-53-1110 Aromatic hydrocarbons shall not be used as intoxicants.  (Inhalation of Aromatic Hydrocarbons) Covers inhaling ("huffing") the vapors of such chemicals as toluene, "tidy oil," spray paint, amyl nitrate, butyl nitrate ("locker room," "rush"), and others.
44-53-1510 Definition of "anabolic steroid"; exceptions. (Steroid Statute)
16-23-20 Unlawful carrying of a pistol.
16-23-230 Unlawful storing, keeping, or possessing a machine gun or sawed-off shotgun.
16-23-420 Unlawful carrying or displaying firearms in a private or public school, college, or university.
16-23-430 Weapons on school property.  Includes guns, knives and any device or object, which may be used to inflict bodily injury or death.
16-23-460 Carrying concealed weapons.
23-36-20 S.C. Explosives Control Act.