Senator HEMBREE proposed the following amendment (JUD0150.001):

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

/ SECTION1. Article 1, Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-373. (A) It shall be an affirmative defense for any person charged with a violation of Section 44-53-370(d)(4) with respect to twenty-eight grams or one ounce or less of marijuana that he has been diagnosed with a debilitating medical condition by a licensed physician and that the patient and physician have pursued all other U.S. Food and Drug Administration approved treatment options.

(B) For purposes of this section:

(1) 'Debilitating medical condition' means:

( a)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;

(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; or

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

(b)a terminal illness with a life expectancy of less than one year in the opinion of th e person's treating physician."

SECTION 2.This act takes effect upon approval by the Governor. /