The bill H. 3538 aims to amend Section 44-53-160 of the South Carolina Code of Laws, which pertains to the processes for changing controlled substance schedules. The proposed changes require the State Board of Pharmacy to actively identify new synthetic chemical formulas for scheduling and grant the board the authority to issue emergency rules to classify these synthetic chemicals as controlled substances. Specifically, the bill mandates that the State Board of Pharmacy, in consultation with the South Carolina Law Enforcement Division (SLED) and other relevant agencies, provide regular reports to state officials regarding new synthetic drugs and allows for the rapid adoption of emergency rules to control these substances.

Additionally, the bill includes provisions for the State Board of Pharmacy to declare a chemical formula as a synthetic drug based on specific criteria, such as its potential for abuse and lack of accepted medical use. The emergency rules adopted by the board would take effect thirty days after their adoption and would expire at the end of the following legislative session unless further action is taken. The bill also clarifies that the department's actions regarding the scheduling of substances are not subject to the usual promulgation requirements, streamlining the process for addressing emerging drug threats.

Statutes affected:
12/05/2024: 44-53-160
Latest Version: 44-53-160