South Carolina S 159: Marijuana trafficking, penalties

Bill Text

2025-2026 Bill 159 Text of Previous Version (Feb. 25, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 159

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Amended

February 25, 2025

S. 159

Introduced by Senators Turner, Garrett, Climer, 
Adams, Graham, Alexander, Young and Walker 

S. Printed 2/25/25--S.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-13-135, RELATING TO THE OFFENSE OF RETAIL Theft AND ASSOCIATED 
PENALTIES, SO AS TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT TO CREATE THE 
OFFENSES OF ORGANIZED RETAIL CRIME AND ORGANIZED RETAIL CRIME OF AN AGGRAVATED 
NATURE, TO PROVIDE A GRADUATED PENALTY STRUCTURE, AND TO REVISE NECESSARY 
DEFINITIONS.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 16-13-135 of the S.C. Code is amended to read:

 Section 
16-13-135. (A) As used in this 
section:

 (1) "Organized retail crime" means two 
or more people conspiring to commit theft of retail property from a retail 
establishment with the intent to sell, barter, exchange, or reenter such retail 
property into commerce for monetary or other gain.

 (1)(2) "Retail property" means a new an article, merchandise, property, 
money, or negotiable documents including gift cards or other forms of credit, product products, commodity commodities, item items, or component components intended 
to be sold in retail commerce.

 (2)(3) "Retail property fence" means a person or business 
that buys retail property knowing or believing that the retail property is 
stolen.

 (3)(4) "Theft" means to take possession of, carry away, 
transfer, or cause to be carried away the retail property of another with the 
intent to steal deprive the 
merchant of the possession, use, benefit, and value of the retail 
property.

 (4)(5) "Value" means the retail value of an item as offered 
for sale to the public by the affected retail establishment and includes all 
applicable taxes.

 (B) 
It is unlawful for a person to:

 (1) 
commit theft of retail property from a retail 
establishment organized retail crime, with a 
value exceeding two thousand dollars aggregated over a ninety-day period, with 
the intent to sell the retail property for monetary or 
other gain, and sell, barter, take, or cause the retail property to be 
placed in the control of a retail property fence or other person in exchange 
for consideration; or

 (2) conspire with 
another person to commit theft of retail property from a retail establishment, 
with a value exceeding two thousand dollars aggregated over a ninety-day 
period, with the intent to:

 (a) sell, barter, or 
exchange the retail property for monetary or other gain; or

 (b) place the retail 
property in the control of a retail property fence or other person in exchange 
for consideration; or

 (3)(2) receive, possess, or sell retail property that has 
been taken or stolen in violation of item (1) or (2) 
while knowing or having reasonable grounds to believe the property is stolen. A 
person is guilty of this offense whether or not anyone is convicted of the 
property theft.

 (C) 
Acts committed in different counties that have been aggregated in one count may 
be indicted and prosecuted in any one of the counties in which the acts 
occurred. In a prosecution for a violation of this section, the State is not 
required to establish and it is not a defense that some of the acts 
constituting the crime did not occur within one city, county, or local 
jurisdiction. However, nothing in this subsection may be 
interpreted to allow a circuit solicitor or persons in the circuit solicitor's 
employ to prosecute cases outside of the circuit where the circuit solicitor 
was elected without the consent of the Attorney General.

 (D) 
Property, funds, and interest a person has acquired or maintained in violation 
of this section are subject to forfeiture pursuant to the procedures for 
forfeiture as provided in Section 44-53-530.

 (E) 
A person who violates this section commits the offense of 
organized retail crime and:

 (1) for a first offense, 
is guilty of a misdemeanor and, upon conviction, must be fined not more than 
five thousand dollars or imprisoned for not more than three years, or both; 
and

 (2) for a second or 
subsequent offense, is guilty of a felony and, upon conviction, must be fined 
not more than ten thousand dollars or imprisoned for not more than twenty 
years, or both.

 (1) for a first offense:

 (a) is guilty of a misdemeanor and, 
upon conviction, must be fined not more than five thousand dollars or 
imprisoned for not more than three years, or both, if the value of the retail 
property is more than two thousand dollars but less than ten thousand