§ 4-4(d) Trafficking in Gamma Hydroxybutyric Acid

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 4-4(d) Trafficking in Gamma Hydroxybutyric Acid

The defendant is charged with trafficking in Gamma Hydroxybutyric Acid.

Section 44-53-370(e)(7) of the South Carolina Code of Laws states:

(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchase, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:

(7) fifty milliliters or milligrams or more of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid is guilty of a felony which is known as 'trafficking in gamma hydroxybutyric acid'.

There are three elements to this offense that the State must prove beyond a reasonable doubt:

(1) that the substance involved was in fact gamma hydroxybutyric acid;
(2) that the defendant had possession of that gamma hydroxybutyric acid, either actual possession or constructive possession; and
(3) that there were in fact fifty milliliters or milligrams or more of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid involved.

Gamma hydroxybutyric acid in any form is a controlled substance under the law of this State.

The substance must be gamma hydroxybutyric acid, the defendant must have actual or constructive possession of the gamma hydroxybutyric acid, and the amount involved must be one gram or more of gamma hydroxybutyric acid.

The State must prove that the substance involved is in fact gamma hydroxybutyric acid.

The State must further prove the defendant had...