South Carolina Senators square off over Medical Marijuana Legalization on Chamber Floor

The South Carolina Senate held a first debate about a medical cannabis bill on Wednesday. This would allow patients with certain conditions to access the drug. The renewed effort comes after lawmakers passed a previous version of the bill in 2022, but it was stalled in the House due to a procedural error.

During the debate on the bill from Sen. Tom Davis, (R), the members had a long discussion about the merits and adopted an amendment regarding vaping. The measure is expected to be voted on in the second reading. This could happen as early as Thursday. A third and final read would then send it to the House.

Last week, senators failed to advance the measure into floor debate . They fell short of a vote requiring two-thirds’ support. On Tuesday, lawmakers gave the bill another vote and it passed 23-13. This will keep the bill in the running for the session of 2024.

Davis stated during the Wednesday floor session that he has always wanted to “come out with the most conservative Medical Cannabis Bill in the Country that empowers doctors to help their patients–but also tied to science to address conditions for which empirical data say that cannabis can have a medical benefit.

He said that if the bill is passed, which he hopes it will be, “it’s going serve as a template for states who want to empower doctors to help patients and not go down the slippery path” of adult-use legalization. “I believe it can be used by many states who regret their decision to permit recreational use or are looking to tighten their medical laws to make it more stringent,” he said.

After receiving the required 2/3 vote, the #MedicalMarijuana Bill was set to be debated under special order in the South Carolina Senate. The debate will begin tomorrow afternoon. Between now and tomorrow, I have 14 hours of work to complete to update my notes for the floor debate. I’ll be prepared. pic.twitter.com/lEF9aybRfj

Tom Davis (@SenTomDavisSC 6 February 2024

The bill allows patients to obtain cannabis through licensed dispensaries with a prescription from a physician for certain conditions. These include terminal illnesses, chronic diseases, and several other ailments.

Members of the House adopted an amendment on Wednesday clarifying that landlords and people in control of property are not required to allow vaporization cannabis products.

Some lawmakers expressed concerns at the hearing, stating that the legalization of medical cannabis could lead to a broader reform that would allow for adult-use marijuana. They also expressed concern that pharmacists who dispense cannabis could be put in danger, and that federal laws could preempt state programs.

The main points of the proposals are:

Patients with “debilitating medical conditions”, for which a recommendation for medical cannabis could be given, include those suffering from cancer, multiple sclerosis (MS), epilepsy, posttraumatic stress disorder, Crohn’s, autism, a terminal disease where the patient will live less than a year, and chronic illnesses where opioids would be the standard treatment.
State Department of Health and Environmental Control and Board of Pharmacy will be responsible for licensing cannabis businesses. This includes dispensaries, which must have a pharmacist present at all times.
The bill was revised in an attempt to prevent excessive market consolidation. It now includes language that requires regulators to limit the number of companies a person or organization can own more than five per cent interest, both at state and regional levels.
The “Medical Cannabis Advisory Board”, tasked with modifying or removing the qualifying conditions of the program, would be created. The original legislation was changed to allow legislative leaders to appoint the board in addition to governors.
The bill does not include language that would impose a tax on the sale of medical cannabis, as was the case in the previous version. Due to the inclusion of tax provisions, the House rejected the previous bill due to procedural rules within the South Carolina Legislature that require that legislation that contains tax-related measures originates in this body and not the Senate.
The smoking of marijuana and the cultivation of the plant to be used for personal purposes would be prohibited.
Eight years after the first sale of medical marijuana by a licensed establishment, the legislation would expire to allow legislators to review the effectiveness of the regulations.
Doctors could specify how much cannabis a patient can purchase within a 14-day period, or recommend a default standard, such as 1,600 milligrams THC in edibles, 8,200 for oils used for vaporization, and 4,000 for topical products like lotions.
The maximum amount of THC allowed in edibles is 10 milligrams per serving.
Labeling and packaging requirements would be required to warn consumers about potential health risks. Packaging of products could not be designed to appeal to children.
Patients who work in positions related to public safety, commercial transport or commercial machinery would not be able to use medical marijuana nor receive a cannabis cards. This would include, for instance, law enforcement, commercial drivers and pilots.
Local governments could ban marijuana businesses in their areas or set policies on the number of cannabis business licenses and operating hours. DHEC will need to take measures to prevent an overconcentration of marijuana businesses in a particular area of the state.
Lawmakers, their immediate families, and those who work in the marijuana industry are prohibited from doing so until July 2029 unless they abstain from voting.
DHEC will be required to publish annual reports on the Medical Cannabis Program, which include information about the number and types of patients who qualify, the products that they purchase, and how independent businesses serve patients compared with vertically integrated companies.

Davis attempted to reform the medical cannabis law after it was rejected by the House of Representatives in 2022. But that too failed due to procedural reasons.

The lawmaker called the position of his party, especially in relation to medical marijuana, an “intellectually lazy position” that didn’t try to present current medical facts.

A poll conducted last year revealed that a majority of South Carolina adults (76%) support the legalization of marijuana , both for medical and recreational purposes (56%) — a conclusion that U.S. Rep. Nancy Mace has promoted.

Ben Adlin is the author of this article.