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H 5397

Controlled Substances

2025-2026 Regular Session Introduced by Tommy Pope and 1 co-sponsor

The bill broadens and hardens Schedule I control by explicitly listing substituted tryptamines and certain synthetic cannabinoids, making any amount in a covered substance illegal

Member(s) request name added as sponsor: M.M.Smith
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Bill Summary · H 5397

Summary of Bill H 5397 (Session 2025-2026) — South Carolina: Controlled Substances

Purpose and Intent

  • The bill amends Section 44-53-190 of the South Carolina Code to modify the listing of Schedule I controlled substances.
  • Specifically, it adds and reorganizes substances under the category of Substituted Tryptamines and certain synthetic cannabinoids/naphthoyl indole compounds, tightening control over these substances when present in any material, compound, mixture, or preparation.
  • Effect: strengthens state prohibitions on specific hallucinogenic and designer drugs not approved by the FDA, including a broad range of tryptamines and related synthetic compounds.

Key Provisions and Changes

Section 44-53-190(D) — Schedule I Substances

  • The bill retains the general framework: any material containing any quantity of listed hallucinogens (and related salts, isomers, and salts of isomers) is prohibited unless expressly exempted.

  • Updated and expanded list includes:

    • Classic hallucinogens and related compounds (examples listed):
    • 3,4-methylenedioxy amphetamine (MDA), MDMA, 3,4,5-trimethoxyamphetamine, bufotenine, DMT, DET, THCs and related substances, mescaline, peyote, psilocybin, psilocyn, LSD, and others.
    • Several specific synthetic cannabinoids and related designer drugs (grouped under “Synthetic cannabinoids” with explicit examples such as JWH-series compounds and related structures).
    • Substituted Tryptamines — broad family of tryptamines (2-(1H-indol-3-yl)ethanamine) with various substitutions on the amine or indole ring. The bill enumerates a long list of specific compounds (bufotenine, DET, DMT, 5-MeO-DMT, MiPT, 5-MeO-MiPT, 4-AcO-DMT, DPT, DiPT, 4-Hydroxy-DiPT, 6-MeO-DMT, 5-MeO-DALT, and many others).
    • The list includes numerous individual chemical names and variants to cover both common and obscure substituted tryptamines, ensuring their control under Schedule I when not FDA-approved.

  • Language Structure:

    • The list uses precise chemical designations, salts, isomers, and homologues “whether optical, positional, or geometric,” and includes “any quantity” in a controlled substance context.
    • Also enumerates compounds within several structural families to capture a wide array of potentially illicit analogs.

Who/What Is Affected

  • Entities that manufacture, possess, distribute, or sell any material, compound, mixture, or preparation containing any of the listed Schedule I substances or their salts, isomers, or related derivatives.
  • This includes both obvious illegal drugs and designer/substituted substances that may be marketed to evade existing prohibitions.
  • FDA-approved drugs containing these substances are exempt only if specifically listed; otherwise, presence in non-approved formulations remains unlawful.

Procedural and Timeline Aspects

  • Effective Date: The act takes effect upon approval by the Governor.
  • Legislative History:
    • Introduced and read first time on March 24, 2026.
    • Referred to the Judiciary Committee on March 24, 2026.
    • Sponsors: Primary sponsor M. M. Smith (later noted as having name added as sponsor), with co-sponsors Tommy Pope and Mark Smith.
  • Path Forward: If approved by the Governor, the amended section would become law, governing Schedule I controlled substances and imposing penalties as provided by existing South Carolina law for Schedule I violations.

Practical Implications

  • Law enforcement and public health officials would have an expanded, explicit list of substances treated as Schedule I without FDA approval, including a wide range of substituted tryptamines and certain synthetic cannabinoids.
  • Manufacturers and suppliers would need to ensure that products do not include any listed substances; research, medical, or industrial uses would be highly restricted unless an exemption or NDA applies (not indicated in the text).
  • The bill aims to close loopholes by enumerating numerous specific compounds and structural classes, reducing ambiguity in enforcement.

If you’d like, I can provide a side-by-side comparison with current law or create a quick-reference checklist of the listed substances.

Compiled from official sources — confirm details with the bill’s official record.

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