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 quickly identify new synthetic chemical formulas for scheduling and to authorize the board 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 chemical formulas used to create synthetic cannabinoids or cathinones that are not currently illegal under state law.

Additionally, the bill allows the State Board of Pharmacy to adopt emergency rules to declare a chemical formula as a synthetic drug if it meets certain criteria, such as being scheduled by the DEA or having a high potential for abuse without accepted medical use. The emergency rules would take effect thirty days after adoption and would expire at the end of the following legislative session unless further action is taken. The bill also includes provisions for the department to add, delete, or reschedule substances in accordance with federal law, ensuring that any changes align with federal regulations.

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