Bill > H3561

Introduced Session

A bill TO AMEND the south carolina code of laws by amending SECTIONS 44-53-370, 44-53-375, AND 44-53-450, ALL RELATING TO CONTROLLED SUBSTANCE OFFENSES AND PENALTIES, SO AS TO DECRIMINALIZE POSSESSION OF TWENTY-EIGHT GRAMS OR ONE OUNCE OR LESS OF MARIJUANA OR TEN GRAMS OR LESS OF HASHISH AND AUTHORIZE LAW ENFORCEMENT TO ISSUE A CIVIL CITATION FOR POSSESSION OF THAT SAME QUANTITY OF MARIJUANA OR HASHISH; TO DECREASE PENALTIES FOR FIRST OFFENSE POSSESSION OF LESS THAN ONE GRAM OF METHAMPHETAMINE OR COCAINE BASE AND REQUIRE COMPLETION OF A DRUG TREATMENT OR REHABILITATION PROGRAM AS PART OF THE SENTENCE; AND TO REQUIRE THE COURT TO PLACE PERSONS ON PROBATION WHO ARE GUILTY OF A FIRST OFFENSE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES. Whereas, nationwide, more than 1.25 million people are arrested for drug possession each year; and Whereas, in South Carolina alone, an average of sixty-five people are arrested every day on possession charges; and Whereas, in 2007, marijuana possession arrests accounted for ninety-one percent of all marijuana-related arrests in South Carolina; and Whereas, South Carolina is ranked fifth in the nation for violent crimes and these marijuana possession arrests are made at the expense of preventing and solving violent crimes; and Whereas, many sit in jail for months because they can't raise bail money, or they plead guilty just to be able to go home to their families; and Whereas, many are forced to take harsh plea deals because prosecutors threaten even longer sentences if they exercise their rights by filing motions or going to trial, and courts would not be able to facilitate the increased number of judicial proceedings; and Whereas, being caught with just a few grams of any control substance, or sometimes trace amounts of drugs, leads to crushing criminal justice debt from fines, court costs, and legal fees; and Whereas, South Carolina must reform its criminal penalties for marijuana possession to free up the necessary time and money to prosecute and incarcerate violent criminals who cause true havoc and loss of life in our communities; and Whereas, according to a report by Human Rights Watch, South Carolina ranks sixth in the United States for the ratio of citizens arrested for drug possession (575 arrests per 100,000 population); and Whereas, in 2017, the cost of incarceration to the South Carolina Department of Corrections, based on all funds spent, is $20,925 annually, equaling $57.33 per day; and Whereas, the average cost of a visit to an outpatient rehabilitation facility ranges from $17.78 to $26.72 per day; and Whereas, when comparing the cost of treatment versus incarceration nationally, every dollar spent on prevention and treatment saves seven dollars in societal costs. Now, therefore,

AI Summary

Committee Categories

Ivory Thigpen (D)*,  Rosalyn Henderson-Myers (D),  Jordan Pace (R), 

Member(s) request name added as sponsor: Henderson-Myers (on 02/28/2023)

Bill Topics

Official Document