H 3019

South Carolina General Assembly
126th Session, 2025-2026
Bill 3019
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"PUT PATIENTS FIRST ACT" BY ADDING ARTICLE 22 TO CHAPTER 53, TITLE 44 SO AS TO
AUTHORIZE REGISTERED PATIENTS TO USE MARIJUANA FOR MEDICAL PURPOSES, PHYSICIANS
TO RECOMMEND THE MEDICAL USE OF MARIJUANA FOR THOSE PATIENTS, AND INDIVIDUALS
TO ACT AS REGISTERED CAREGIVERS FOR THOSE PATIENTS, ALL WITH EXCEPTIONS; TO
CREATE A CONFIDENTIAL REGISTRY THROUGH WHICH TO ISSUE IDENTIFICATION CARDS TO
REGISTERED PATIENTS AND REGISTERED CAREGIVERS; TO PROVIDE CERTAIN DEFENSES AND
OTHER PROTECTIONS TO REGISTERED PATIENTS, REGISTERED CAREGIVERS, AND PHYSICIANS
FROM CRIMINAL LIABILITY AND PROFESSIONAL DISCIPLINE FOR CONDUCT AUTHORIZED BY
THIS ARTICLE; TO AUTHORIZE THE OPERATION OF DISPENSARIES TO CULTIVATE, GROW,
AND DISPENSE MARIJUANA FOR MEDICAL USE; TO PROVIDE CERTAIN DEFENSES AND
PROTECTIONS TO DISPENSARIES FOR CONDUCT AUTHORIZED BY THIS ARTICLE; TO ALLOW
ESTABLISHMENT OF FEES; TO CREATE CRIMINAL PENALTIES; TO PROVIDE FOR THE
PROMULGATION OF REGULATIONS AND DEVELOPMENT OF GUIDANCE AND FORMS; AND FOR
OTHER PURPOSES; AND BY REPEALING ARTICLE 4 OF CHAPTER 53, TITLE 44 RELATING TO
CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Put Patients First Act."
SECTION 2.  Chapter 53, Title 44 of the S.C. Code is amended by
adding:
Article 22
Put Patients First Act
    Section
44-53-2220.  For purposes of this article:
    (1) "Bona
fide physician-patient relationship" means:
       (a)
a physician and patient treatment or counseling relationship, in the course of
which the physician has completed a full assessment of the patient's medical
history and current medical condition, including an appropriate personal
physical examination;
       (b)
physician consultation with a patient with respect to the patient's
debilitating medical condition before the patient applies for a registry
identification card; and
       (c)
physician availability to provide follow-up care and treatment to the patient
including, but not limited to, patient examination to determine the efficacy of
the use of medical marijuana as a treatment of the patient's debilitating
medical condition.
    (2) "Criminal
record" means all information documenting an individual's contact with the
criminal justice system, including data regarding identification, arrest,
citation, arraignment, conviction, judicial disposition, custody, and
supervision.
    (3) "Debilitating
medical condition" means:
       (a)
cancer, glaucoma, positive status for human immunodeficiency virus, and
acquired immune deficiency syndrome, or treatment for these conditions;
       (b)
a chronic or debilitating disease or medical condition, or treatment of that
disease or medical condition, that results in one or more of the following
symptoms, and for which, in the professional opinion of that patient's
physician, the use of medical marijuana would alleviate one or more of the
symptoms:
  (i)
cachexia;
  (ii)
severe pain;
  (iii)
severe nausea;
  (iv)
seizures, including those that are characteristic of epilepsy; or
  (v)
persistent muscle spasms, including those characteristic of multiple sclerosis;
and
       (c)
another disease or medical condition, or treatment of that disease or medical
condition, determined by the department to be a debilitating medical condition
pursuant to department regulation or department approval of a petition
submitted by a patient or a patient's physician.
    (4) "Department"
means the Department of Public Health.
    (5) "Dispensary"
means an entity registered pursuant to Section 44-53-2540.
    (6) "Enclosed
secured facility" means a closet, room, greenhouse, building, or other enclosed
area equipped with locks or other security devices that permit access only by a
registered patient, registered caregiver, or an employee or agent of a
dispensary, as applicable.
    (7) "Engage
in the medical use of marijuana" means the acquisition, possession, production,
cultivation, use, transfer, or transportation of marijuana or paraphernalia
relating to the administration of marijuana to alleviate the symptoms and side
effects of a registered patient's debilitating medical condition, which is in
compliance with all the limitations and restrictions of this article.
    (8) "Managing
the well-being of a registered patient" means performing tasks to assist a
registered patient with activities of daily living, provided the assistance is
not limited only to helping a patient to engage in the medical use of
marijuana.
    (9) "Marijuana"
has the same meaning as defined in Section 44-53-110.
    (10)
"Medical verification" means documentation required by the department provided
by a physician to a patient in the course of a bona fide physician-patient
relationship for the patient's submission to the department with an application
for a registry identification card, which supports the physician's opinion that
the patient has a debilitating medical condition with symptoms or side effects
that might be alleviated by the medical use of marijuana and that reasonable
medical efforts have been made over a reasonable amount of time without success
to relieve the symptoms or side-effects.
    (11)
"Paraphernalia" has the same meaning as defined in Section 44-53-110.
    (12)
"Parent" means:
       (a)
a custodial mother or father of a patient under the age of eighteen years; or
       (b)
a person with legal custody of a patient under the age of eighteen years; or
       (c)
a person who is the legal guardian of a patient under the age of eighteen
years.
    (13)
"Patient" means a person who qualifies as a person with a debilitating medical
condition.
    (14)
"Physician" means a physician who is licensed in good standing to practice
medicine in this State pursuant to Chapter 47, Title 40.
    (15)
"Registered caregiver" means a person, other than a registered patient or a
registered patient's physician, who is eighteen years or older and who has been
issued a registry identification card by the department, identifying the person
as someone who has agreed to undertake responsibility for managing the well-being
of a registered patient including, but not limited to, by assisting the
registered patient with the medical use of marijuana.
    (16)
"Registered patient" means a person who has been issued a registry
identification card by the department identifying the person as having a
debilitating medical condition who is entitled to engage in the medical use of
marijuana.
    (17) "Registry identification card" means the
nontransferable confidential registry identification card issued by the
department to a patient or caregiver that identifies the patient as authorized
to engage in the medical use of marijuana or a caregiver as authorized to help
a particular registered patient engage in the medical use of marijuana.
    Section
44-53-2230.  (A) A registered
patient may engage in the medical use of marijuana in a quantity that is
medically necessary to address a debilitating medical condition, provided the
quantity does not exceed the limits provided for in subsection (B).
    (B) A
registered patient's medical use of marijuana is lawful within the following
limits:
       (1)
up to two ounces of a usable form of marijuana; and
       (2)
up to six marijuana plants, with three or fewer being mature, flowering plants
that are producing a usable form of marijuana.
    (C) Registered
patients and registered caregivers may:
       (1)
cultivate or otherwise produce marijuana only in an enclosed, locked facility;
and
       (2)
may acquire marijuana only from registered dispensaries or from one another.
    Section
44-53-2240.  In the case of medical use of marijuana in excess of the amounts
allowed pursuant to Section 44-53-2230, a registered patient or registered
caregiver may raise as an affirmative defense to charges of violation of this
article, or violation of another provision of law relating to the regulation of
marijuana, that the quantity of marijuana used in excess of those limitations
is medically necessary to alleviate the symptoms or side effects of the patient's
debilitating medical condition and may submit a medical verification provided
to the patient by the physician pursuant to Section 44-53-2320 as proof that
the quantity is medically necessary.
    Section
44-53-2250.  (A) A registered
patient or registered caregiver must not:
       (1)
engage in the medical use of marijuana in a way that endangers the health or
well-being of another person;
       (2)
engage in the medical use of marijuana in plain view of the public or in a
public place; or
       (3)
possess medical marijuana or otherwise engage in the use of medical marijuana
in or on the grounds of a public or private school or childcare facility or in
a school bus.
    (B) A
registered patient must not:
       (1)
undertake a task while under the influence of marijuana pursuant to this
article when doing so would constitute negligence or professional malpractice;
or
       (2)
operate, navigate, or otherwise be in actual physical control of a vehicle,
aircraft, or motorboat while under the influence of marijuana pursuant to this
article.
    Section
44-53-2260.  In addition to other penalties provided in this article and other
applicable laws of the State, the department shall revoke for a period of one
year the registry identification card of a registered patient or registered
caregiver found to have wilfully violated a provision of this article.
    Section
44-53-2270.  A patient under eighteen years of age
must not engage in the medical use of marijuana unless:
    (1) two
physicians have diagnosed the patient as having a debilitating medical
condition with symptoms or side effects that might be alleviated by the medical
use of marijuana;
    (2) reasonable
medical efforts have been made over a reasonable period of time without success
to relieve the symptoms or side effects;
    (3) one
of the physicians referred to in this section has explained the possible risks
and benefits of medical use of marijuana to the patient and the patient's parents
who reside in the State;
    (4) the
physician referred to in item (3) has provided the patient and the patient's
parents who reside in the State with the medical verification required pursuant
to Section 44-53-2320;
    (5) the
patient's parents who reside in the State consent in writing to the patient's
medical use of marijuana;
    (6) a
parent of the patient who resides in the State:
       (a)
consents in writing to serve as the patient's registered caregiver; and
       (b)
submits to the department:
  (i)
an application for the patient's registry identification card;
  (ii)
an application to serve as the registered caregiver of the patient;
  (iii)
the written consents required by this section;
  (iv)
the medical verification from the patient's physician required by this section;
and
  (v)
any other information required by the department;
    (7) the
department approves the patient's and parent's applications to qualify as a
registered patient and registered caregiver, respectively, and provides both
registry identification cards to the parent designated as the registered
caregiver;
    (8) the
registered patient and registered caregiver collectively possess quantities of
marijuana no greater than those specified in Section 44-53-2230 or 44-53-2240
at any given time; and
    (9) the
registered caregiver controls the acquisition of the marijuana and the dosage
and frequency of its use by the registered patient.
    Section
44-53-2280.  The department shall create and maintain a confidential registry
of patients who have applied for a registry identification card authorizing the
medical use of marijuana pursuant to this article.
    Section
44-53-2290.  (A) No person is
permitted to gain access to information about patients or caregivers maintained
in the department's confidential registry or received by the department as part
of an application for a registry identification card, or information otherwise
maintained by the department about applicants, except for authorized department
employees in the course of performing official duties related to this article
and authorized officials of state or local law enforcement agencies who have
detained or arrested a person who claims to be engaged in the medical use of
marijuana.
    (B) A
state or local law enforcement official's right to access the information
contained within the department's confidential registry and other information
referenced in subsection (A) is limited to the purpose of verifying that an
individual who has presented a registry identification card or documentation
serving as the functional equivalent is lawfully in possession of the card or
its functional equivalent.
    (C) Information
maintained in the confidential registry is considered protected health
information that must not be released in accordance with state and federal
confidentiality statutes including, but not limited to, the Health Insurance
Portability and Accountability Act, as amended.
    (D) Information
maintained in the confidential registry is not public information subject to
access under the state's Freedom of Information Act.
    Section
44-53-2300.  (A)(1) A patient who
fraudulently represents a medical condition to a physician, the department, or
a state or local law enforcement official for the purpose of falsely obtaining
a patient registry identification card from the department pursuant to this
article, or for the purpose of avoiding arrest and prosecution for a marijuana-related
offense, is guilty of a misdemeanor and, upon conviction, must be fined not
more than five hundred dollars or imprisoned not more than six months, or both.
       (2)
A caregiver who fraudulently represents the nature of the assistance provided
to a registered patient with regard to the registered patient's activities of
daily living to obtain a caregiver registry identification card from the
department pursuant to this article, or for the purpose of avoiding arrest and
prosecution for a marijuana-related offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than five hundred dollars or imprisoned
not more than six months, or both.
       (3)
If a department employee or a state or local law enforcement official receives
information that reasonably causes the employee or official to believe that a
fraudulent representation as described in item (1) or (2) has occurred, the
employee or official shall report the information to the department director who
shall report the information to the county solicitor or Attorney General.
    (B) The
fraudulent use or theft of a registered patient's or registered caregiver's
registry identification card is a misdemeanor, punishable up to five hundred
dollars or six months in prison, or both.
    (C) The
fraudulent production or counterfeiting of, or tampering with, a registered
patient's or registered caregiver's registry identification card is a
misdemeanor, punishable up to five hundred dollars or six months in prison, or
both.
    (D) A
person including, but not limited to, an employee of the department or a state
or local law enforcement agency official, who releases or makes public
information contained in the confidential registry without the written
authorization of the registered patient or registered caregiver, or as
otherwise allowed by law, is guilty of a misdemeanor and, upon conviction, must
be fined not more than five hundred dollars or imprisoned not more than six
months, or both.
    (E) Registered
patients and registered caregivers not in possession of their registry
identification card issued by the department when engaged in the medical use of
marijuana are guilty of a misdemeanor, and, upon conviction, must be fined not
more than one hundred dollars or imprisoned not more than thirty days, or both.
    Section
44-53-2310.  (A) In order to be
placed on the confidential registry for the medical use of marijuana, a patient
must be a resident of the State and submit an application and other information
as required by the department.
    (B) The
application must require the patient to provide, at a minimum:
       (1)
the name, address, date of birth, and social security number of the patient;
       (2)
the name, address, and telephone number of the patient's physician providing a
medical verification;
       (3)
the medical verification, required pursuant to Section 44-53-2320;
       (4)
the name, address, and phone number of the patient's registered caregiver, if
one is designated at the time of application;
       (5)
an acknowledgement for the patient to sign that sets forth:
  (a)
the penalties for providing false information;
  (b)
definitions of:
  (i) "bona fide physician-patient
relationship," as defined in Section 44-53-2220;
  (ii) "debilitating medical condition,"
as defined in Section 44-53-2220;
  (iii) "engage in the medical use of
marijuana," as defined in Section 44-53-2220; and
  (iv) "managing the well-being of a
patient," as defined in Section 44-53-2220.
    (C) The
department may charge a patient a reasonable fee for processing an application.
    Section
44-53-2320.  The department shall develop a medical
verification form to be completed by a physician and submitted by a patient
applying for a registry identification card. The form must include:
       (1)
the physician's name, address, phone number, and medical license number;
       (2)
an acknowledgement to be signed by the physician that sets forth:
  (a)
the penalties for providing false information, including the department's right
to notify the medical board or other similar authority established pursuant to
Chapter 47, Title 40; and
  (b)
definitions of:
  (i) "bona fide physician-patient
relationship," as defined in Section 44-53-2220;
  (ii) "debilitating medical condition,"
as defined in Section 44-53-2220; and
  (iii) "physician," as defined in
Section 44-53-2220; and
       (3)
an affidavit for the physician to sign with the following provisions:
  (a)
the physician and patient have a bona fide physician-patient relationship;
  (b)
the patient has a debilitating medical condition, identifying the patient's
disease or medical condition, and that the symptoms or side-effects might
benefit from the medical use of marijuana; and
  (c)
reasonable medical efforts have been made over a reasonable period of time
without success to relieve the symptoms or side-effects of the debilitating
medical condition.
    Section
44-53-2330.  (A) The department
shall approve or deny the application for patient registration submitted
pursuant to Section 44-53-2310 in writing within thirty days from receipt of a
completed application and processing fee. If the application is approved, the
department shall issue the applicant a registration card which includes:
       (1)
the registered patient's name, address, date of birth, and photograph;
       (2)
a unique alphanumeric identifier for department and law enforcement
verification purposes; and
       (3)
the date of issuance and expiration of the registry identification card.
    (B) The
department shall deny and notify the patient of the denial of the application
for a registry identification card if:
       (1)
the information required pursuant to Section 44-53-2310 has not been provided
or has been falsified;
       (2)
the medical verification provided pursuant to Section 44-53-2320 fails to state
there is a bona fide physician-patient relationship, that the patient has a
debilitating medical condition that might benefit from the use of marijuana,
and that the physician has made reasonable medical efforts over a reasonable
period of time without success to relieve the symptoms or side-effects of the
debilitating condition; or
       (3)
the physician is not licensed to practice medicine in the State, or the
physician's medical verification contains false information or has been
falsified.
    Section
44-53-2340.  (A) An application is
considered approved if the department fails to issue a registry identification
card or fails to issue written notice of denial of an application within thirty-five
days of receipt of an application. The department's date of receipt of an
application is the date on which the application is hand-delivered to the
department or the date on which the application is placed in the mail.
    (B) A
patient who has applied for but who has not received a registry identification
card in accordance with Section 44-53-2330 and who is questioned by a state or
local law enforcement official about the use of marijuana may provide a copy of
the application submitted to the department, including the required medical
verification, and proof of the date of mailing or delivery to the department,
which has the same legal effect as a registry identification card, until the
patient receives the registry identification card or notice of denial of
application.
    Section
44-53-2350.  (A) A patient whose
application for a registry identification card has been denied by the
department may not reapply during the six months following the date of the
denial.
    (B) The
denial of a registry identification card is a final department decision and may
be contested only in accordance with the Administrative Procedures Act. Only
the patient whose application is denied has standing to contest the department
decision.
    (C) A
registry card is effective only for one year. To maintain an effective registry
identification card, a registered patient annually shall submit to the
department, at least thirty days prior to the expiration date stated on the
card:
       (1)
an updated medical verification from the patient's physician;
       (2)
changes to the registered patient's name or address, if any;
       (3)
the name and address of the patient's registered caregiver, if one has been
designated; and
       (4)
other information required by the department.
    Section
44-53-2360.  (A) When there is a
change in the name or address of the registered patient or the name or address
of the patient's registered caregiver, the registered patient shall provide the
updated information to the department within ten days.
    (B) A
registered patient who has not designated a registered caregiver at the time of
submitting an application to the department may designate one during the period
of the registry identification card's effectiveness by submitting to the
department the name and address of the registered caregiver. A person
designated as the registered caregiver may act in that capacity only after the
patient sends written notification to the department of the designation.
    Section
44-53-2370.  (A) In order to be
placed on the confidential registry as a registered caregiver, a caregiver must
be a resident of the State and submit an application and other information as
required by the department.
    (B)
The application must require the caregiver to provide, at a minimum:
       (1)
the name, address, date of birth, and social security number of the caregiver;
       (2)
the name, address, and telephone number of the registered patient;
       (3)
a signed consent to undergo a criminal background check;
       (4)
a signed consent to undergo checks of the Department of Social Services
registry for the abuse or neglect of a vulnerable adult and the Central Registry
of Child Abuse and Neglect;
       (5)
an acknowledgement signed by the caregiver that sets forth:
  (a)
the penalties for providing false information;
  (b)
definitions of:
  (i) "registered caregiver," as
defined in Section 44-53-2220;
  (ii) "engage in the medical use of
marijuana," as defined in Section 44-53-2220;
  (iii) "managing the well-being of a
registered patient," as defined in Section 44-53-2220; and
  (c)
an affidavit signed by the caregiver stating that the caregiver:
  (i) manages the well-being of the
registered patient, identifying the assistance provided by the caregiver; and
  (ii) serves as the caregiver only
for the registered patient identified on the application.
    (C) The
department may require payment of a reasonable fee for processing an
application.
    Section
44-53-2380.  (A) Subject to
subsection (B), the department shall approve or deny the application for
caregiver registration submitted pursuant to Section 44-53-2370 in writing
within thirty days from receipt of a completed application and processing fee.
If the application is approved, the department shall issue the caregiver a
registration card which includes:
       (1)
the registered caregiver's name, address, date birth, and photograph;
       (2)
a unique alphanumeric identifier for department and law enforcement
verification purposes;
       (3)
the name and address of the registered caregiver's registered patient; and
       (4)
the date of issuance and expiration of the registry identification card.
    (B) Prior
to approving a caregiver's application, the department shall verify that the
caregiver:
       (1)
is serving as the registered caregiver for only one registered patient;
       (2)
has not been convicted of a drug-related crime; and
       (3)
is not listed on the Department of Social Services registry for the abuse or
neglect of a vulnerable adult or a child or on the Central Registry of Child
Abuse and Neglect.
    (C) The
department shall deny and notify the caregiver of the denial of the application
for a registry identification card if:
       (1)
the information required pursuant to Section 44-53-2370 has not been provided
or has been falsified; or
       (2)
the caregiver has been convicted of a drug-related crime or the caregiver's
name appears on the Department of Social Services registry for the abuse or
neglect of a vulnerable adult or a child or on the Central Registry of Child
Abuse and Neglect.
    (D) If
the department denies an application because the applicant has a criminal
record history for a drug-related crime or has been entered into the Department
of Social Services registry for the abuse or neglect of a vulnerable adult or a
child or on the Central Registry of Child Abuse and Neglect, the department
shall provide a copy of the record to the applicant who has the right to
provide information that reflects the record is not accurate.
    Section
44-53-2390.  (A) An application
submitted pursuant to Section 44-53-2370 is considered approved if the
department fails to issue a registry identification card or fails to issue
written notice of denial of an application within thirty-five days of receipt
of an application. The department's date of receipt of an application is the
date on which the application is hand-delivered to the department or the date
on which the application is placed in the mail.
    (B) A
caregiver who has applied for, but who has not received a registry
identification card, in accordance with Section 44-53-2380, and who is
questioned by a state or local law enforcement official about the use of
marijuana may provide a copy of the application submitted to the department and
proof of the date of mailing or delivery to the department, which has the same
legal effect as a registry identification card, until the caregiver receives
the registry identification card or notice of denial of application.
    Section
44-53-2400.  (A) A caregiver whose
application for a registry identification card has been denied by the
department may not reapply during the six months following the date of the
denial.
    (B) The
denial of a registry identification card is a final department decision and may
be contested only in accordance with the Administrative Procedures Act. Only
the caregiver whose application is denied has standing to contest the
department decision.
    (C) A
registry card is effective only for one year. To maintain an effective registry
identification card, a registered caregiver annually shall submit to the
department, at least thirty days prior to the expiration date stated on the
card:
       (1)
changes to the registered caregiver's name or address, if any;
       (2)
the name and address of the caregiver's registered patient; and
       (3)
other information required by the department.
    Section
44-53-2410.  (A) A registered
patient or registered caregiver charged by a state or local law enforcement
official with a violation of Chapter 53, Title 44, or another provision of law
related to the use of marijuana, has an affirmative defense to arrest and
prosecution if:
       (1)
the patient was previously diagnosed by a physician as having a debilitating
medical condition;
       (2)
the patient was advised by a physician, in the context of a bona fide physician-patient
relationship, that the patient might benefit from the medical use of marijuana
to alleviate a debilitating medical condition;
       (3)
the patient and caregiver have a valid registration card issued by the
department; and
       (4)
the patient and the caregiver collectively were in possession of quantities of
marijuana only as permitted pursuant to Sections 44-53-2230 and 44-53-2240.
    (B) An
affirmative defense available to a registered patient or registered caregiver
pursuant to this article is in addition to, and not in lieu of, any other legal
defense available to that patient or caregiver.
    Section
44-53-2420.  Notwithstanding another provision of
law, a physician is not subject to arrest or prosecution, or civil or criminal
penalties, in a court of law in this State or subject to discipline by a professional
licensing board for:
    (1) providing
a patient with a medical verification stating that the patient has a
debilitating medical condition and might benefit from the medical use of
marijuana, provided the opinion is based upon the physician's contemporaneous
assessment of the patient's medical history and current medical condition as
part of a bona fide physician-patient relationship; or
    (2) advising
a patient about the risks and benefits of the medical use of marijuana,
including advice as to whether the patient might benefit from the medical use
of marijuana, provided the physician has diagnosed the patient as having a
debilitating medical condition in the context of the physician's
contemporaneous assessment of the patient's medical history and current medical
condition as part of a bona fide physician-patient relationship.
    Section
44-53-2430.  A physician must not be denied the rights or privileges for the
acts authorized by this article.
    Section
44-53-2440.  No person including, but not limited to, registered patients and
registered caregivers, is entitled to the protections provided pursuant to this
article for acquisition, possession, production, cultivation, use, transfer, or
transportation of marijuana or paraphernalia relating to the administration of
marijuana for a use other than a medical use.
    Section
44-53-2450.  (A) State and local
law enforcement officials must not harm, neglect, injure, or destroy an
individual's interest in or right to property that is possessed, owned, or used
in connection with the medical use of marijuana, or acts incidental to the
medical use of marijuana, while the property is in the possession of a state or
local law enforcement official as a result of a seizure of property in
connection with the claimed medical use of marijuana.
    (B) A
person does not forfeit a right or interest in property seized in connection
with the medical use of marijuana by a state or local law enforcement official
under a provision of state law providing for the forfeiture of property, unless
the forfeiture is part of a sentence imposed on the person as a result of a
violation of this article.
    (C) State
and local law enforcement officials immediately shall return marijuana and marijuana
paraphernalia seized from a registered patient or registered caregiver in
connection with the claimed medical use of marijuana upon a legal determination
that the registered patient or registered caregiver is entitled to a protection
contained in this article including, but not limited to, a decision not to
prosecute, the dismissal of charges, or an acquittal.
    Section
44-53-2460.  (A) A person must not
be denied custody of, or visitation or parenting time with, a child for conduct
allowed by this article.
    (B) There
is no presumption of child abuse, neglect, or other endangerment of a child for
conduct allowed by this article.
    Section
44-53-2470.  A school or landlord is prohibited from refusing to enroll or
lease to and may not otherwise penalize a registered patient or registered
caregiver solely for the person's status as registered to engage in the medical
use of marijuana, unless failing to do so would violate federal law or
regulations or cause the school or landlord to lose a monetary or licensing-related
benefit under federal law or regulations.
    Section
44-53-2480.  For the purposes of medical care, including organ transplants, a
registered qualifying patient's use of marijuana pursuant to Section 44-53-2230
or 44-53-2240 is considered the equivalent of the authorized use of other
medication used at the discretion of a physician and does not constitute the
use of an illicit substance or otherwise disqualify a qualifying patient from
needed medical care.
    Section
44-53-2490.  (A) Except as
provided in subsection (B) an employer is prohibited from discriminating
against:
       (1)
a registered patient or registered caregiver in the hiring, termination, or
establishment of a term or condition of employment, if the discrimination is
based solely on the person's status as registered to engage in the medical use
of marijuana; or
       (2)
a registered patient with a positive drug test for marijuana components or
metabolites, unless the patient used, possessed, or was impaired by marijuana
on the premises of the place of employment or during the hours of employment.
    (B) Subsection
(A) does not apply if compliance with the subsection results in the violation
of federal law or regulations.
    Section
44-53-2500.  Possession of or application for a registry identification card
does not constitute probable cause or reasonable suspicion, nor may it be used
to support a search of the person or property of the person possessing or
applying for the registry identification card, or otherwise subject the person
or property of the person to inspection by any governmental agency.
    Section
44-53-2510.  (A) The department
may operate dispensaries in accordance with Section 44-53-2580 and shall
develop and facilitate processes to register and issue dispensary certificates
to privately owned dispensaries.
    (B) A
city or county may enact reasonable ordinances regulating the establishment and
operation of dispensaries.
    Section
44-53-2520.  (A) In order to
register as a dispensary, the prospective dispensary must be located in the
State and submit an application and other information as required by the
department.
    (B) The
application must require the prospective dispensary to provide, at a minimum:
       (1)
the legal name of the prospective dispensary;
       (2)
the physical address of the prospective dispensary, which must not be within
one thousand feet of a public or private school or childcare facility existing
before the date of the dispensary's application;
       (3)
the name and date of birth of each principal officer and board member of the
prospective dispensary;
       (4)
the name and date of birth of each additional agent of the prospective
dispensary;
       (5)
a fee in an amount to be determined by the department; and
       (6)
any additional information requested by the department.
    (C) For
purposes of this article, a resident of the State who owns agricultural
property taxed pursuant to Section 12-43-220(d) may register as a dispensary by
complying with the provisions of this section.
    Section
44-53-2530.  The department shall approve or deny
the application for a certificate to operate a dispensary submitted pursuant to
Section 44-53-2520 in writing within sixty days from receipt of a completed
application and processing fee. The application must be approved as long as:
       (1)
the information required pursuant to Section 44-53-2520 is complete and
accurate;
       (2)
none of the principal officers or board members of the prospective dispensary
has served as a principal officer or board member for a dispensary that has had
its registration certificate revoked;
       (3)
none of the principal officers or board members of the prospective dispensary
is under twenty-one years of age;
       (4)
the prospective dispensary has never had a certificate that has been revoked;
       (5)
the prospective dispensary complies with department regulations that address
the operation of dispensaries within a certain proximity of each other and
within a certain geographical area, which take into account, at a minimum,
population density and demonstrated need; and
       (6)
if the city or county where the prospective dispensary would be located has
enacted zoning restrictions, the prospective dispensary has provided a sworn
statement certifying that the prospective dispensary is in compliance with the
restrictions of the city or county.
    Section
44-53-2540.  If the application is approved, the
department shall issue the applicant a dispensary certificate within sixty-five
days of submitting the application that includes:
       (1)
the dispensary's name, address, and phone number;
       (2)
the name, address, and phone number of a principal officer or board member of
the dispensary to serve as a contact for the department;
       (3)
a unique alphanumeric identifier for department and law enforcement
verification purposes; and
       (4)
the date of issuance and expiration of the certificate.
    Section
44-53-2550.  (A) A dispensary
certificate is valid for two years. The dispensary shall submit an application
for renewal of its certificate in accordance with department regulations no
later than sixty days before expiration of the certificate.
    (B) The
department shall issue a renewal certificate within thirty days of receipt of
the prescribed renewal application, the processing fee, and other information
required by the department, provided the dispensary's current certificate is
not under suspension or has not been revoked.
    Section
44-53-2560.  When competing applications are submitted to operate a dispensary
within a single county, the department shall use an impartial and numerically
scored competitive bidding process to determine the application or applications
among those competing to approve. The department may conduct a criminal
background check of the principal officers and board members of the prospective
dispensary to carry out this provision.
    Section
44-53-2570.  The department may register additional dispensaries at its
discretion.
    Section
44-53-2580.  A dispensary is authorized to:
    (1) possess,
plant, propagate, cultivate, grow, harvest, produce, process, manufacture,
compound, convert, prepare, pack, repack, and store marijuana for medical use;
    (2) deliver,
transfer, and transport marijuana, marijuana paraphernalia, and related
supplies that are for medical use and educational materials to and from other
dispensaries;
    (3) acquire,
accept, or otherwise obtain marijuana offered by a registered patient or a
registered caregiver for medical use if nothing of value is transferred in
return;
    (4) purchase
or otherwise acquire marijuana for medical use from another dispensary; and
    (5) dispense,
supply, and sell marijuana, marijuana paraphernalia, and related supplies that
are for medical use and educational materials to registered patients,
registered caregivers, and other dispensaries.
    Section
44-53-2590.  A dispensary shall maintain operating documents and records on-site
including, but not limited to, a valid registration certificate issued by the
department, personnel records, and sales and purchasing documentation that
reflect quantities of marijuana grown, processed, and distributed for medical
use. The dispensary shall make the information available to the department upon
request.
    Section
44-53-2600.  A dispensary shall have written
operating procedures approved by the department that address, at a minimum:
    (1) recordkeeping;
and
    (2) security
measures to deter and prevent the theft of marijuana and marijuana
paraphernalia and the unauthorized entrance into areas containing marijuana and
marijuana paraphernalia.
    Section
44-53-2610.  Information kept or maintained by a dispensary must identify
cardholders by the registry identification numbers and not contain names or
other personal identifying information.
    Section
44-53-2620.  (A) All activities
authorized by Section 44-53-2580 including, but not limited to, planting,
cultivating, harvesting, manufacturing, packaging, and storing of marijuana by
a dispensary pursuant to this article must take place in an enclosed, secured
facility at a physical address provided to the department during the
registration process.
    (B) A
dispensary must not:
       (1)
share office space with or refer patients to a physician; or
       (2)
allow a registered patient or other person to consume marijuana on its
property.
    (C) A
dispensary is subject to inspection by the department upon reasonable notice in
order to provide:
       (1)
consumer protection services for registered patients by means of laboratory
sampling and testing for marijuana potency and contamination;
       (2)
public information and training services, regarding:
  (a)
safe and effective cultivation, harvesting, manufacturing, packaging, labeling,
and distribution of marijuana;
  (b)
security and inventory procedures; and
  (c)
scientific and medical research findings related to the medical use of
marijuana; and
       (3)
other services as the department determines appropriate.
    Section
44-53-2630.  (A) A dispensary must
not employ or otherwise allow a person to work or serve as an agent for the
dispensary who:
       (1)
is under twenty-one years of age;
       (2)
has been convicted of a drug-related offense; or
       (3)
has a positive drug screen for the presence of marijuana components or
metabolites.
    (B)(1) A prospective employee must
consent in writing to undergo a criminal background check and drug screen as a
condition of employment.
       (2)
Employees and agents of a dispensary are subject to periodic criminal
background checks and drug screens while employed or otherwise working for a
dispensary.
    (C) A
dispensary shall maintain the results of criminal background checks and drug
screens as part of the employee's personnel records.
    Section
44-53-2640.  (A) Before selling
marijuana or marijuana paraphernalia to a person, a dispensary employee shall:
       (1)
require the person to present the registration card issued pursuant to Section
44-53-2330 or 44-53-2380, as applicable;
       (2)
confirm that the photograph on the registry card resembles the individual
presenting the card;
       (3)
verify that the registry card has not expired or been revoked; and
       (4)
confirm in the dispensary's records, and the department's centralized database
if one is operational, that the registered patient, or registered caregiver on
behalf of the patient, has not acquired a quantity of marijuana that exceeds
the quantity allowed pursuant to Sections 44-53-2230 and 44-53-2240.
    (B) A
dispensary employee shall call the department if there is reason to believe
that:
       (1)
the person presenting the registry card is not the person to whom the card was
issued; or
       (2)
the card has been tampered with or otherwise altered.
    Section
44-53-2650.  (A) A dispensary is
not subject to search or inspection, except pursuant to Section 44-53-2590.
    (B)(1) A dispensary, and its employees
and agents, are not subject to arrest, prosecution, civil or criminal
penalties, or disciplinary action, as applicable, by a court or business
licensing board or similar entity, for acting in compliance with the provisions
of this article.
       (2)
A dispensary, and its employees and agents, must not be denied a right or
privilege of this article.
    Section
44-53-2660.  (A) State and local
law enforcement officials must not harm, neglect, injure, or destroy a
dispensary's interest in or right to property possessed, owned, or used by the
dispensary pursuant to this article while the property is in the possession of
a state or local law enforcement official as a result of a seizure of property
in connection with the dispensary's operation.
    (B) A
dispensary registered pursuant to this article does not forfeit a right or
interest in property seized in connection with the operation of the dispensary
by a state or local law enforcement official under a provision of state law
providing for the forfeiture of property, unless the forfeiture is part of a
sentence imposed on a dispensary or the dispensary's employees or agents as a
result of a violation of this article.
    (C) State
and local law enforcement officials immediately shall return to a dispensary
marijuana, related marijuana paraphernalia, and other property seized from the
dispensary, or from its employees or agents, in connection with the dispensary's
operation, upon a legal determination that the dispensary, or an employee or
agent, is entitled to a protection contained in this article including, but not
limited to, a decision not to prosecute, the dismissal of charges, or an
acquittal.
    Section
44-53-2670.  (A)(1) Subject to
Section 44-53-2680, the department may suspend or revoke a dispensary's
registration certificate for multiple negligent violations or an intentional
violation of the requirements of this article or regulations promulgated
pursuant to this article.
       (2)
The department shall provide fifteen days' notice to the dispensary before
suspending or revoking a certificate pursuant to this section. The notice must
set forth the violations that are the basis for the suspension or revocation
and other associated penalties and be sent to the dispensary's address provided
on the registration certificate by certified mail, return receipt requested.
    (B)
The department's decision to suspend or revoke a dispensary certificate
pursuant to subsection (A) is a final department decision and may be contested
only in accordance with the Administrative Procedures Act. Only the board
members or principal officers of the dispensary whose registration certificate
is being suspended or revoked have standing to contest the department decision.
    (C)(1) If the department suspends a
registration certificate pursuant to this section, the suspension is effective
no longer than six months, during which time the dispensary must correct the
concerns of the department that were the basis for the suspension. Upon
correcting these concerns, the department shall remove the suspension. The
dispensary may continue to cultivate and possess marijuana during a suspension,
but may not dispense, transfer, or sell marijuana.
       (2)
If the dispensary fails to correct the department's concerns within six months,
the department may revoke the registration certificate or extend the suspension
up to an additional ninety days by which time the dispensary must correct the
concerns or have its registration certificate revoked.
    (D)
If the department revokes the registration certificate pursuant to this
section, the dispensary is prohibited from operating in any capacity. A
dispensary must not reapply for a registry certificate for one year from the
date of revocation of its registration certificate.
    Section
44-53-2680.  (A) An employee or
agent of a dispensary who intentionally sells or otherwise transfers marijuana
in exchange for anything of value to a person or entity other than a registered
patient, a registered caregiver on behalf of a registered patient, or another
dispensary is guilty of a felony and, upon conviction, must be fined not more
than three thousand dollars, or imprisoned not more than two years, or both.
    (B)
A person convicted pursuant to this section is prohibited from owning or
operating a dispensary in the State. The dispensary's board members and
principal officers are prohibited from serving as board members or principal
officers for another dispensary.
    Section
44-53-2690.  Marijuana and marijuana paraphernalia sold, purchased, or
otherwise transferred pursuant to this article is tangible personal property
whose retail sales are subject to the provisions of Chapter 36, Title 12.
    Section
44-53-2700.  Not later than one year from the date of enactment of this
article, the confidential registry created pursuant to this article must be
operational and available statewide to patients and caregivers applying for
registry identification cards and to prospective dispensaries applying for a
certificate.
    Section
44-53-2710.  Not later than one year from the date of enactment of this
article, the department shall develop and make available to residents of this
State an application and other forms required to apply to be listed on the
confidential registry of registered patients and registered caregivers and to
apply to operate a dispensary.
    Section
44-53-2720.  Not later than one year from the date of enactment of this
article, the department shall develop and make available to physicians of this
State the medical verification form required by Section 44-53-2320 and
information regarding the provisions of this article.
    Section
44-53-2730.  The department may promulgate and enforce regulations to implement
this article.
    Section
44-53-2740.  Not later than one year from the date
of enactment of this article, the department shall promulgate regulations and
develop guidelines that address at a minimum:
    (1) establishment
and maintenance of a confidential registry of patients and caregivers who have
applied for and who are issued or denied a registry identification card;
    (2) verification
of medical information for patients submitting applications for issuance or
renewal of a registry identification card;
    (3) communications
with law enforcement officials about suspended registry identification cards
when a patient is no longer diagnosed as having a debilitating medical
condition or when a registry card is expired or has been fraudulently obtained
or altered as prohibited by Section 44-53-2300;
    (4) receipt
and review of applications for registration of a patient or caregiver on the
confidential registry;
    (5) determining
whether to include a disease or medical condition as a debilitating medical
condition;
    (6) acceptable
physician written documentation of a disease or medical condition to qualify as
a debilitating medical condition;
    (7) the
extent of assistance provided by a caregiver to be considered as managing the
well-being of a registered patient, entitling the caregiver to serve as a
registered caregiver;
    (8) receipt
and review of applications for registration as a dispensary;
    (9) requirements
to operate a dispensary including, but not limited to, security and record
keeping; and
    (10)
consumer protection requirements addressing, at a minimum, potency and purity
of marijuana cultivated and harvested, packaging and labeling of marijuana, and
transporting marijuana and marijuana paraphernalia.
    Section
44-53-2750.  Not later than one year from the date of enactment of this
article, the department shall develop the process for receipt and review of a
physician's and patient's petition for inclusion of a disease or medical
condition as a debilitating medical condition, as defined in Section 44-53-2220,
and for, after a hearing as the department deems appropriate, approval or
denial of a petition within one hundred eighty days of submission.
    Section
44-53-2760.  No public, private, or other health insurance provider is liable
for a reimbursement claim for the medical use of marijuana.
    Section
44-53-2770.  Nothing in this article requires an employer to accommodate the
medical use of marijuana in the workplace.
SECTION 3.  Article
4, Chapter 53, Title 44 of the S.C. Code is repealed.
SECTION 4.  If any section, subsection, paragraph,
subparagraph, sentence, clause, phrase, or word of this act is for any reason
held to be unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this act, and each
and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 5.  Except as otherwise provided in
this article, this act takes effect upon approval by the Governor.
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This web page was last updated on December 06, 2024 at 09:47 AM