Legislative Update: Senate Passes Medical Marijuana Bill

Tony Beam

Tony Beam

Tony Beam is senior director of church and community engagement and public affairs at North Greenville University, and policy consultant for the South Carolina Baptist Convention

On Feb. 9, the South Carolina Senate passed the Compassionate Care Act (medical marijuana) by a vote of 28 to 15. That makes South Carolina the 38th state to approve marijuana for medical application.

Since marijuana is still considered to be a Schedule I narcotic and has not gained FDA approval for medical use, its distribution in South Carolina will require obtaining a card that will allow marijuana to be available to qualified users as an oil, salve, patch, or by vaping. The bill allows up to two ounces to be used within a two-week period. Smoking marijuana remains against the law, but vaping will now be permitted. The entire program will fall under the responsibility of DHEC for its administration and monitoring.

Proponents of the bill say it is one of the most conservative bills in the country, requiring a doctor to sign off on whether a patient qualifies to receive marijuana. It also requires a licensed pharmacist to be present at the distribution centers. The final bill limits the total growing capacity to 30 acres, which will reduce the chance of this bill becoming the springboard for a transition to recreational use. Sen. Tom Davis (R-District 46), who has been pushing this bill for the last seven years, said, “This is a very conservative bill. … One that allows patients to access cannabis subject to a physicians authorization and supervision, but draws a bright red line against recreational use.”

However, opening the door to any form of legalized use for marijuana without FDA approval sets the stage and prepares our moral sensibilities for the acceptance of recreational use. It also presents challenges for businesses and law enforcement, since the presence of marijuana or evidence of intoxication by marijuana use will have to be checked against the user’s authorization to determine if they have been issued a card for medical use. If the House concurs with this bill, South Carolina will be well on the way to all of the negative social consequences and the loosening of morals that follows any drug legalization.

The bill was set for special order in the Senate (meaning it was moved to the head of the line for debate and a vote) and was amended to include the limitation on growing capacity, the addition of a pharmacist for distribution, and other restrictions that won the support of several social conservatives in the Senate.

Asked about his thoughts on the passage of the bill, Palmetto Family President Dave Wilson said, “The South Carolina Senate made attempts to corral medical marijuana legislation that has been seven years in the making. The compromise language is a great step forward in preventing the industrial marijuana complex from being established in South Carolina, but it’s now up to the House to finish the job by stopping this bill and stop the marijuana industry from having any foothold in South Carolina.”

Members of the South Carolina law enforcement community have been some of the strongest opponents of medical marijuana. The South Carolina Sheriff’s Association issued a statement opposing the bill, and many sheriffs joined Palmetto Family, the South Carolina Baptist Convention Office of Public Policy, the South Carolina Medical Association, and several grassroots organizations on Feb. 2 for a press conference on the Capitol steps in opposition to the bill. South Carolina Law Enforcement Division Chief Mark Keel said, “The medical marijuana bill that just passed the South Carolina Senate is an attempt to legislate around the FDA approval process by creating a complex scheme to cultivate, process, and dispense marijuana that still violates federal law.”

On Feb. 15, the South Carolina House voted to assign S150 to the 3M Committee. Those who are concerned about this bill should contact their state representatives right away. Please call, text, or email your State House member and let them know where you stand. If you don’t know your State House member, you can look up that information at www.scstatehouse.gov.

On a much brighter note, the Religious Freedom Act, formerly known as the Religion Is Essential Act (H3015) unanimously passed the Senate Judiciary Subcommittee on Feb. 15. It will be considered by the full Judiciary Committee, where it is expected to be referred favorably to the Senate floor. Prospects for passage well before the end of the session are very good. The bill will protect houses of worship from government interference during any state of emergency.

Please continue to pray and contact your state Senators and House members today.