How fast could I buy medical marijuana if the SC bill becomes law? 7 key things to know
The General Assembly could soon legalize medical marijuana in South Carolina under a proposal that has so far passed out of one legislative chamber.
But South Carolinians with serious and debilitating medical conditions will not have immediate access to buy the marijuana should the legislation become law.
The legislation faces an uncertain future in the House after the Senate passed the bill this month in a 28-15 vote, ending about seven years of debate. House Speaker Jay Lucas, R-Darlington, assigned the legislation to the Medical, Military, Public and Municipal Affairs Committee — the only House committee chaired by a Democrat and where Democrats make up the majority of the members.
Hearings on the medical marijuana bill are expected after the House completes its budget process, said committee Chairman Leon Howard D-Richland.
Gov. Henry McMaster, meanwhile, has not indicated whether he’d veto the legislation should it reach his desk.
Here are seven key elements South Carolinians should know about the medical marijuana bill:
Who would be allowed to get medical cannabis?
Only people diagnosed with chronic conditions — cancer, epilepsy or other neurological diseases or disorders, terminal illnesses, multiple sclerosis, Chron’s disease, sickle cell amenia, ulcerative colitis, autism, wasting syndrome and post-traumatic stress disorder — would be eligible to buy and use medical marijuana.
Licensed doctors would have to prescribe medical marijuana to people with severe nausea in an end of life situation or in severe pain. And it also could be prescribed in place of opioids for patients who have chronic or debilitating conditions.
Medical marijuana would only be available at specific types of pharmacies.
South Carolina in 2014 legalized the use of cannabis oil to treat epilepsy.
So far 37 states allow medical marijuana, including Mississippi which legalized the use earlier this month.
What forms of medical marijuana would be allowed?
People who are prescribed marijuana would be able to get topical treatments, such as patches, lotions, creams and ointments with no more than 4,000 milligrams of THC, the main psychoactive component of marijuana.
People who consume medical cannabis orally would be allowed to have oils, plant extracts, capsules or edibles with no more than 1,600 milligrams of THC. And those who consume marijuana through vapor could get oils with no more than 8,200 milligrams.
The limits are how much medical marijuana a person can be prescribed in a two-week period.
The raw form of marijuana that can be smoked is still illegal under the legislation.
When could patients buy the cannabis?
That timeline is still to be determined — but it could be a while.
The state Department of Health and Environmental Control would be in charge of rolling out the program, and would handle the licensing for marijuana providers.
For perspective, Georgia, which in April 2019 passed a law allowing the state’s medical cannabis commission to oversee the licensing of sale of low-THC oil in the state, still hasn’t taken full effect.
The cannabis commission awarded licenses to companies to sell medical marijuana in July 2021.
“If this current (South Carolina) bill is made into law, DHEC will work to quickly take the necessary steps for carrying out its obligations to implement the requirements of the bill, such as applications or licensing,” spokeswoman Laura Renwick said.
Where would people get medical marijuana?
Short answer: Not at traditional pharmacies.
Marijuana will only be sold in a therapeutic cannabis pharmacies and distributed by a pharmacist.
Senators agreed to allow up to 15 cultivation centers, 30 processing facilities and one marijuana pharmacy for every 20 pharmacies in the state. Licensing of those facilities by DHEC would take time.
How much in taxes will people pay for medical marijuana?
The legislation calls for a 6% sales tax on medical marijuana.
The bill’s lead sponsor, state Sen. Tom Davis, R-Beaufort, however, stressed the legislation isn’t intended to make money.
Does that mean legalized recreational use is on its way?
Probably not, at least not soon.
Davis called his proposal the most conservative medical marijuana bill in the country, which was necessary so that the measure could pass in the Senate.
Republican leaders have said they have no desire to legalize recreational use of marijuana, a position that some Democrats share. McMaster, who is up for reelection this year in the reliably Republican state, is against recreational use.
Would medical marijuana be here to stay if it becomes legal?
Likely, but that decision is a few years off.
The legislation includes a Dec. 31, 2028, sunset clause.
So if the medical marijuana bill does become law, lawmakers would have to reauthorize the program before the end of 2028.
This story was originally published February 23, 2022 at 3:04 PM with the headline "How fast could I buy medical marijuana if the SC bill becomes law? 7 key things to know."
