Senator GOLDFINCH proposed the following amendment (150R024.SP.SLG):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-371.(A) (1) It is an affirmative defense to a prosecution for a crime for the possession of marijuana if, at the time of the commission of the act constituting the offense, the defendant was in possession of the marijuana because:

(a) the defendant suffers from a debilitating medical condition; or

(b) the defendant is the parent, spouse, or guardian of a person suffering from a debilitating medical condition and is in possession of marijuana to provide it to that person for the purpose of treating a debilitating medical condition.

(2) The defendant has the burden of proving the defense of a debilitating medical condition by a preponderance of the evidence.

(B) For the purposes of this Section, 'debilitating medical condition' means:

(1) a diagnosis of one or more of the following that also results in a debilitated condition:

(i) cancer;

(ii) multiple sclerosis;

(iii) a neurological disease or disorder, including epilepsy;

(iv) glaucoma;

(v) post-traumatic stress disorder, subject, however, to the evidentiary requirements in Section 44-53-2100(A)(4) to confirm that the applicant has experienced one or more traumatic events;

(vi) Crohn's disease;

(vii) sickle cell anemia;

(viii) ulcerative colitis;

(ix) cachexia or wasting syndrome;

(x) autism;

(xi) severe or persistent nausea in a person who is not pregnant that is related to end-of-life or hospice care, or who is bedridden or homebound because of a condition;

(xii) a chronic medical condition causing severe and persistent muscle spasms; or

(xiii) any chronic or debilitating disease or medical condition for which an opioid is currently or could be prescribed by a physician based on generally accepted standards of care, subject, however, to a physician's attestation regarding objective proof of the etiology of the patient's pain or regarding the patient having been diagnosed with a specific medical condition or disease that causes the patient severe pain; or

(2) a terminal illness with a life expectancy of less than one year in the opinion of the person's treating physician. /