South Carolina’s Senate resumed discussions on a medical marijuana bill Thursday. Lawmakers clashed over whether or not the current version differs significantly from a previous iteration of the bill that was passed by the Senate in 2022, but later stalled at the House due to a procedural glitch.
The bill, sponsored Sen. Tom Davis(R), would allow patients with certain medical conditions to access medical cannabis.
Greg Hembree, R, who is opposed to the reform, spoke for more than an hour and a half. He argued that the bill contains over 40 substantive changes compared to the previous version, and therefore, it should not be rushed through.
He pointed out that the provisions relating to pharmacists, vertical integration and security in medical cannabis facilities were not identical to those approved by the body two years ago.
Davis said, however, that “some misconceptions may have formed” regarding how the law has evolved over time.
He said that while there were substantive changes, he made them to make the bill even more conservative. He did this by altering the language of the bill in accordance with floor amendments adopted in 2022.
The bill will be brought up again by the senators when they meet next Tuesday. Davis said he spent the weekend preparing an analysis comparing the provisions of the current measure and the previous one.
Last week, the Senate failed in its attempt to bring the measure up for debate. The vote required two-thirds of support. On Tuesday, the 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 a first debate on the bill that his goal was to “come out with the most conservative Medical Cannabis Bill in the Country that empowered doctors to assist patients–but also tied itself to the science, to address conditions for which empirically-based 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.
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 a clarification on Wednesday that clarifies that landlords and people in control of property are not required to allow vaporization cannabis products.
On Thursday, at least nine more amendments were pending.
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 5% 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 make appointments to the board, as well as the governor.
- 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 marijuana for personal use will 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.
- If they do not recuse themselves, lawmakers and their immediate families could not have any financial or working interest in the marijuana industry before July 2029.
- 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.
Congressional researchers say lack of banking access makes marijuana businesses ‘heavily reliant on cash’ and targets of crime
The post South Carolina Senate continues debate on Medical Marijuana Bill with Lawmakers clashing over changes from an earlier version first appeared on Marijuana Moment.
