A bill

to amend the South Carolina Code of Laws by amending Section 44-53-190, relating to Schedule I, so as to REMOVE MARIJUANA FROM SCHEDULE I; by amending Section 44-53-370, relating to Prohibited acts A; penalties, so as to PROVIDE THAT THE PENALTIES DO APPLY TO THE POSSESSION OF MARIJUANA; by amending Section 44-53-370, relating to Prohibited acts A; penalties, so as to PROVIDE THAT THE PENALTIES DO NOT APPLY TO LICENSED MARIJUANA ESTABLISHMENTS; by adding Section 61-15-100, SECTION 61-15-110, Section 61-15-120, Section 61-15-130, Section 61-15-140, Section 61-15-150, Section 61-15-200, Section 61-15-210, Section 61-15-300, Section 61-15-310, Section 61-15-320, Section 61-15-330, Section 61-15-340, Section 61-15-350, Section 61-15-360, Section 61-15-370, Section 61-15-380, Section 61-15-390, Section 61-15-400, Section 61-15-410, Section 61-15-420, Section 61-15-430, Section 62-15-500, Section 61-15-510, Section 61-15-520, Section 61-15-600, Section 61-15-610, Section 61-15-620, Section 61-15-700, Section 61-15-710, Section 61-15-720, Section 61-15-730, AND Section 61-15-740 so as to PROVIDE FOR THE PERSONAL USE OF MARIJUANA, THE AMOUNTS THAT A PERSON AT LEAST TWENTY-ONE YEARS OF AGE MAYBE LEGALLY POSSESS; TO PROVIDE THAT MARIJUANA MAY NOT BE CONSUMED IN ANY LOCATION THAT PROHIBITS SMOKING TOBACCO; TO PROVIDE FOR LICENSING OF MARIJUANA CULTIVATORS, MARIJUANA PRODUCT MANUFACTURERS, AND MARIJUANA RETAILERS; TO PROVIDE THE REGULATORY FRAMEWORK FOR THE OPERATION OF MARIJUANA CULTIVATORS, MARIJUANA PRODUCT MANUFACTURERS, AND MARIJUANA RETAILERS; TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY PROHIBIT WITHIN THEIR JURISDICTION THE OPERATION OF MARIJUANA CULTIVATORS, MARIJUANA PRODUCT MANUFACTURERS, AND MARIJUANA RETAILERS; TO PROVIDE FOR RESTRICTIONS ON PRODUCT LABELING AND ADVERTISING; TO PROVIDE PENALTIES FOR VIOLATIONS; TO PARDON CONVICTIONS OF CRIMES DECRIMINALIZED BY THE PROVISIONS IN THIS ACT; AND TO DEFINE NECESSARY TERMS.

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

PART I

The Decriminalization of Marijuana

SECTION 1.   Section 44-53-190(D)(11) of the S.C. Code is amended to read:

   11.   Marijuana Reserved

SECTION 2.   Section 44-53-370(d)(4) of the S.C. Code is amended to read:

   (4)(i) possession of more than: one gram of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish, fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, fifteen tablets, capsules, dosage units, or the equivalent quantity of 3, 4-methylenedioxymethamphetamine (MDMA), or twenty milliliters or milligrams of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid, is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Sections 17-22-10 through 17-22-160. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits.

      (ii) When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable.

SECTION 3.   Section 44-53-370(e)(1) of the S.C. Code is amended to read:

   (1) ten pounds or more of marijuana, if the person is not licensed pursuant to Article 3, Chapter 15 of Title 61, is guilty of a felony which is known as 'trafficking in marijuana' and, upon conviction, must be punished as follows if the quantity involved is:

PART II

The Regulation of Marijuana

SECTION 4.   Title 61 of the S.C. Code is amended by adding:

CHAPTER 15

Marijuana Control Act

ARTICLE 1

General Provisions

   Section 61-15-100.   This chapter is known and may be cited as the "Marijuana Control Act."

   Section 61-15-110.   For the purposes of this chapter:

      (1) 'Consuming' or 'consumption' means ingesting, inhaling, or otherwise introducing marijuana into the human body, with or without the use of a marijuana accessory.

      (2) 'Department' means the Department of Revenue.

      (3)(a) 'Marijuana' means all parts of any plant of the genus Cannabis not excepted in subitem (b), whether growing or not; the seeds thereof; resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin including tetrahydrocannabinol.

         (b) The definition of marijuana does not include:

            (i) the mature stalks of the plant; fiber produced from the stalks, oil, or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant; or the sterilized seed of the plant that is incapable of germination;            (ii)   hemp; or

            (iii) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

      (4) 'Marijuana accessories' means equipment, products, devices, or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

      (5)(a) 'Marijuana concentrate' means the resin extracted from any part of the plant of the genus Cannabis and every compound, manufacture, salt, derivative, mixture, or preparation of that resin.

         (b) The definition of marijuana concentrate does not include the weight of any other ingredient combined with marijuana to prepare marijuana products.

      (6) 'Marijuana cultivator' means an entity licensed to cultivate, process, and package marijuana; to deliver marijuana to marijuana establishments; and to transfer marijuana to other marijuana establishments but not to consumers.

      (7) 'Marijuana establishment' means a marijuana cultivator, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business.

      (8) 'Marijuana product' means a product that has been manufactured and contains marijuana or contains an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.

      (9) 'Marijuana product manufacturer' means an entity licensed to obtain, manufacture, process, and package marijuana and marijuana products; to deliver marijuana and marijuana products to marijuana establishments; and to transfer marijuana and marijuana products to other marijuana establishments but not to consumers.

      (10) 'Marijuana retailer' means an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and marijuana products to marijuana establishments and consumers.

   Section 61-15-120.   The willful violation of any rule or regulation made under the provisions of this chapter constitutes a violation of the Marijuana Control Act. A determination of whether an action constitutes a willful violation shall be made pursuant to the terms within the provisions of this chapter, and no regulation shall be promulgated or enforced that exceeds the requirements of this chapter.

   Section 61-15-130.   The department may employ inspectors or agents necessary for the proper administration and enforcement of the provisions of this chapter. The department shall set the salaries of these inspectors or agents. The Governor shall commission, as state constables, inspectors or agents that are certified by the department to have adequate authority as peace officers to enforce these provisions.

   Section 61-15-140.   The department may employ clerical, stenographic, and other personnel, including chemists, as necessary to administer the provisions contained in this chapter and may prescribe their duties and set their compensation. The department shall require any employee to furnish bond conditioned upon the faithful performance of his duty. The bond must be filed with and preserved by the department.

   Section 61-15-150.   The department must file with the Governor and the General Assembly an annual report, as of June thirtieth of each year, and must report to the Governor on its affairs generally or on special matters as often as he requires.

ARTICLE 2

Personal Use of Marijuana

   Section 61-15-200.   (A) A person twenty-one years of age or older may legally:

      (1) possess, use, purchase, process, or manufacture one ounce or less of marijuana, provided that not more than five grams of marijuana in his possession may be in the form of marijuana concentrate;

      (2) within the person's primary residence, possess up to ten ounces of marijuana and any marijuana produced by marijuana plants cultivated at his primary residence, and possess, cultivate, or process not more than six marijuana plants for personal use;

      (3) assist another person who is twenty-one years of age or older in any of the acts permitted pursuant to this section; and

      (4) give or otherwise transfer without remuneration up to one ounce of marijuana, except that not more than five grams of marijuana may be in the form of marijuana concentrate, to a person twenty-one years of age or older, as long as the transfer is not advertised or promoted to the public.

   (B) A person who violates this section shall be subject to a civil penalty of five hundred dollars and forfeiture of the person's marijuana.

   Section 61-15-210.   No person shall consume marijuana or marijuana products in a public place or smoke marijuana in any place where tobacco smoking is prohibited. A person who violates this section shall be subject to a civil penalty of two hundred fifty dollars.

   ARTICLE 3

Licensing Marijuana Establishments

   Section 61-15-300.   (A) Th