(A) It is unlawful for a person who is eighteen years of age or older to:

(1) either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufacture amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor child; or

Terms Used In South Carolina Code 44-53-378

  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

    (a) a practitioner (or, in his presence, by his authorized agent); or

    (b) the patient or research subject at the direction and in the presence of the practitioner. See South Carolina Code 44-53-110
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for the delivery. See South Carolina Code 44-53-110
  • Distribute: means to deliver (other than by administering or dispensing) a controlled substance. See South Carolina Code 44-53-110
  • Drug: means a substance:

    (a) recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

    (b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man and animals;

    (c) other than food intended to affect the structure or any function of the body of man and animals; and

    (d) intended for use as a component of any substance specified in subitem (a), (b), or (c) of this paragraph but does not include devices or their components, parts, or accessories. See South Carolina Code 44-53-110
  • Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:

    (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

    (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See South Carolina Code 44-53-110
  • Paraphernalia: means any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a controlled substance and does not include cigarette papers and tobacco pipes but includes, but is not limited to:

    (a) metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

    (b) water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine;

    (c) carburetion tubes and devices;

    (d) smoking and carburetion masks;

    (e) roach clips;

    (f) separation gins designed for use or intended for use in cleaning marijuana;

    (g) cocaine spoons and vials;

    (h) chamber pipes;

    (i) carburetor pipes;

    (j) electric pipes;

    (k) air-driven pipes;

    (l) chilams;

    (m) bongs;

    (n) ice pipes or chillers. See South Carolina Code 44-53-110

(2) knowingly permit a child to be in an environment where a person is selling, offering for sale, or having in such person’s possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or attempt to manufacture amphetamine or methamphetamine; or

(3) knowingly permit a child to be in an environment where drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture amphetamine or methamphetamine.

(B) A person who violates subsection (A)(1), (2), or (3), upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, the person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both.