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 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 drugs. If new formulas are identified, the board is required to propose emergency rules to add these chemicals to the list of controlled substances.

Additionally, the bill allows the State Board of Pharmacy to adopt emergency rules to declare a chemical formula as a synthetic drug based on specific criteria, including its potential for abuse and lack of 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 clarifies that any changes made to controlled substances in accordance with federal law will have the full force of law unless overturned by the General Assembly. Overall, the bill seeks to enhance the state's ability to respond swiftly to emerging synthetic drugs and ensure public health safety.

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