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Sponsor Our ArticlesColumbia, South Carolina – State Senator Tom Davis has introduced a new piece of legislation aimed at legalizing the medical use of cannabis for those suffering from specific serious medical conditions. This bill, named the South Carolina Compassionate Care Act (S. 53), was pre-filed last week and is set to be discussed during the upcoming legislative session scheduled for early 2025.
The recent measure shares similarities with previous legislation that was introduced by Davis earlier this year. Although that earlier bill was approved by the South Carolina Senate, it ultimately stalled in the House of Representatives, never receiving a final vote. Senator Davis is hopeful that this new proposal will fare better.
If the South Carolina Compassionate Care Act is passed, it would allow patients with a range of serious medical conditions to access medical marijuana. Conditions that qualify include cancer, epilepsy, post-traumatic stress disorder (PTSD), multiple sclerosis, and Crohn’s disease. Additionally, individuals with terminal illnesses who have less than a year to live and those suffering from chronic conditions typically treated with opioids would also be eligible.
Under the proposed law, patients must obtain a recommendation from a licensed physician to use medical cannabis. The bill emphasizes patient safety by mandating that pharmacists dispense the cannabis, ensuring that there is proper oversight in its use.
Patients would be able to obtain medical marijuana through newly established therapeutic cannabis pharmacies, which would be licensed by the state Board of Pharmacy. However, the legislation does not permit the smoking of cannabis or the home cultivation of marijuana plants, emphasizing a controlled access approach to this medication.
The South Carolina Department of Public Health and the Board of Pharmacy would be responsible for creating rules around the cultivation and distribution of medical cannabis, including strict packaging and labeling requirements designed to prevent appeal to children. Local governments would also have the authority to restrict cannabis businesses in their areas, including the ability to set limits on the number of such businesses and their operating hours.
Despite a growing public support base for medical cannabis in South Carolina, experts note that past attempts at legalization have struggled to gain traction in the state legislature. David M. Ullian, a partner at a national cannabis law firm, pointed out that South Carolina lawmakers have historically found it challenging to pass even conservative cannabis bills.
Ullian expressed that “the people of South Carolina have been patiently waiting for years to access regulated and tested cannabis” to address their medical needs. He underscored that the proposed Compassionate Care Act could finally allow patients to use medical cannabis legally.
Senator Davis believes that the limited scope of the new bill may be key in winning over skeptical lawmakers in the House. “It requires doctors in patient authorization, doctor supervision,” he noted, emphasizing the bill’s conservative nature, which he believes aligns with the desires of South Carolinians.
Supporters of the bill, including Kevin Caldwell from the Marijuana Policy Project, are hopeful that 2025 could be the year South Carolina finally legalizes medical cannabis. Caldwell believes the proposed legislation addresses long-standing concerns from opponents while also meeting the needs of many residents advocating for access to medical cannabis.
As the legislative session approaches, many eyes will be on how this new bill progresses. Advocates and patients alike await hopeful changes that could provide access to essential medical treatment through regulated cannabis use in South Carolina.
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