South Carolina Legislature Online

View Amendment Current Amendment: 77 to Bill 150

Senator DAVIS proposed the following amendment (150R066.SP.TD):

Amend the bill, as and if amended, by striking Section 44-53-2010(8)(a) and inserting:

/ (8)'Debilitating medical condition' means:

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

(i) cancer;

(ii) multiple sclerosis;

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

( iv)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;

(v) Crohn's disease;

(vi) sickle cell anemia;

(vii )ulcerative colitis;

( viii)cachexia or wasting syndrome;

( ix)autism;

(x )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;

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

(xi i)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 the requirements of Section 44-53-2080(A)(3)(h)(i) and (ii) as 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; /

Amend the bill further, as and if amended, by striking Section 44-53-2010(11) and inserting:

/(11)'Diversion' means the obtaining or transferring of cannabis products from a legal possession or use to an illegal use. /

Amend the bill further, as and if amended, by striking Section 44-53-2010(15) and inserting:

/(15)'Independent testing laboratory' means a facility licensed by the department pursuant to this article to offer or perfo rm testing related to cannabis or cannabis products that is independent of cultivation centers, processing facilities, therapeutic cannabis pharmacies, and physicians who authorize the use of medical cannabis. /

Amend the bill further, as and if amended, by striking Section 44-53-2020(B)(1) and inserting:

/ (1)three percent for research conducted by the University of South Carolina 's College of Pharmacy and School of Medicine, the Medical University of South Carolina, or both for research to improve detection and training methods to detect drivers impaired by cannabis, prescription medications, and other drugs, until SLED affirms that no additional research is needed;

Amend the bill further, as and if amended, by st riking Section 44-53-2080(A)(3)(f) and (g) and inserting

(f) notification of the patient or caregiver that medical cannabis products are for the qualifying patient's use only and that cannabis products must not be donated or otherwise supplied to another individual;

(g) that the physician has discussed the risks and benefits of the use of medical cannabis products with the patient or caregiver, including the variability and lack of standardization of cannabis preparations, their potential effects, and an admonition that qualifying patients must not drive or operate heavy machinery while under the influence of medical cannabis; and /

Amend the bill further, as and if amended, by striking Section 44-53-2080(A)(7) and inserting:

/(7)an acknowledgement that the physician has considered that any patient who has a history of substance use disorder or a co-occurring mental health disorder shall require specialized assessment and treatment; in those instances, the physician must seek a consultation with or refer the patient to a pain management, psychiatric, addiction, or mental health specialist as needed. /

Amend the bill further, as and if amended, by st riking Section 44-53-2100(A)(2) and inserting:

/ (2)establishing reasonable application and renewal fees for registry identification cards, provided that:

(a) the fees charged to qualifying patients and designated caregivers must be no greater than the costs of processing the applications and issuing registry identification cards; and

(b) the department shall provide optional discounts for qualifying patient application and renewal fees based upon a qualifying patient's household income and shall waive a ll applicable fees for veterans; /

Amend the bill further, as and if amended, by striking Section 44-53-2110(A)(8) and inserting:

/ (8)a photograph of the cardholder. /

Amend the bill further, as and if amended, by striking Section 44-53-2130(A)(7) and inserting:

/ (7)(a)a statement signed by the qualifying patient applicant agreeing not to divert cannabis products to anyone and acknowledging that the diversion of cannabis products is a felony that, upon conviction, results in the revocation of a registry identification card and subjects the qualifying patient to a fine of not more than five thousand dollars, imprisonment of not more than five years, or both;

(b) an attestation that the individual is not employed in, or contracted to perform, any job:

(i) in which the person will carry a weapon, including a firearm;

(ii) requiring a law enforcement credential;

(iii) requiring a commercial driver's license, charter boat license, or a pilot's license;

(iv) involving operation of trains, buses, or any form of public transportation; or

(v) involving the operation of heavy machinery; /

Amend the bill further, as and if amended, by striking 44-53-2130(B)(1)(e) and inserting:

/(e)a statement signed by the designated caregiver applicant agreeing not to divert cannabis products to anyone other than the qualifying patients to whom the designated caregiver is associated and acknowledging that the diversion of cannabis products is a felony that, upon conviction, results in the revocation of a registry identification card and subjects the designated caregiver to a fine of not more than five thousand dollars, imprisonment of not more than five years, or both; and /

Amend the bill further, as and if amended, by striking Section44-53-2140(D) and inserting:

/ (D)(1) The department may not issue a registry identification card to a person who is employed in or contracted for any job:

(a) in which the individual will carry a weapon, including a firearm;

(b) requiring a law enforcement credential;

(d) involving the operation of trains, buses, or any form of public transportation; or

(e) involving the operation of heavy machinery.

(2) The department may compare applicants for registry identification cards to any professional, licensing, or other relevant database to ensure compliance with this Section. /

Amend the bill further, as and if amended, by adding an appropriately numbered new item to Section 44-53-2180(A) to read:

/( ) A qualifying patient shall notify the department and surrender his registry identification card before starting any job or contract:

(a) in which he will carry a weapon, including a firearm;

(b) requiring a law enforcement credential;

(d) involving operation of trains, buses, or any forms of public transportation; or

(e) involving the operation of heavy machinery. /

Amend the bill further, as and if amended, by striking Section 44-53-2195(E) and inserting:

/ (E)The department must provide medical cannabis product information to the following persons:

(1) a physician who requests information and certifies that the requested medical cannabis product information is for the purpose of providing medical or pharmaceutical treatment in the course of a bona fide physician-patient relationship;

(2) a qualifying patient or designated caregiver who requests his own medical cannabis product information;

(3) a designated representative of the South Carolina Department of Labor, Licensing and Regulation responsible for the licensure, regulation, or discipline of any person authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person;

(4) a local or state law enforcement or prosecutorial official pursuant to a court-ordered search warrant issued in connection with a crime or civil investigation involving a designated person;

(5) a properly convened grand jury pursuant to a subpoena properly issued for the records;

(6) personnel of the department for the purposes of the administration and enforcement of this article;

(7) qualified personnel for the purpose of bona fide research, except that the department may only provide the names and contact information for qualifying patients who volunteer to participate in bona fide research, including observational studies or other data collection on medical cannabis product pursuant to Section 44-53-2130(D). Release of the information may only be made pursuant to a written agreement between qualified personnel and the department in order to ensure compliance with this subsection;

(8) a coroner, deputy coroner, medical examiner, or deputy medical examiner who is involved in a specific inquiry into the cause and manner of death of a designated person pursuant to Chapter 5, Title 17;

(9) a physician who requests the physician's own written certification history; or

(10) the presiding judge of a court pertaining to a specific case involving a designated person. /

Amend the bill further, as and if amended, by striking Section 44-53-2250(B) and inserting:

/ (B)The department shall notify a law enforcement officer about falsified or fraudulent information submitted to the department. /

Amend the bill further, as and if amended, by striking Section 44-53-2260(A) and inserting:

/ Section 44-53-2260.(A) Except as provided in this article, a qualifying patient who uses cannabis products for medical use must be afforded the same rights under state and local law, including those guaranteed pursuant to Section 1-13-10, et seq., as the person would be afforded if the person was solely prescribed pharmaceutical medications, as pertaining to drug testing required by any state or local law, agency, governmental official, or state or local governmental employer. /

Amend the bill further, as and if amended, by striking Section 44-53-2310(2) and inserting:

/ (2)being in the presence of a medical ca nnabis product /

Amend the bill further, as and if amended, by adding an appropriately lettered new subsection to Section 44-53-2360 to read:

/( ) No principal, manager, employee, or agent of an independent testing laboratory may work for, contract with, receive compensation from, or have an equity interest in any medical cannabis establishment. /

Amend the bill further, as and if amended, by striking Section 44-53-2380(G) and inserting:

/ (G) It is not unlawful for the University of South Carolina's College of Pharmacy and School of Medicine, the Medical University of South Carolina, or a professor or student working on an advanced degree who is conducting Institutional Review Board-approved research to possess, store, or administer medical cannabis or cannabinoids to human or animal subjects in accordance with any department rules.

Amend the bill further, as and if amended, by striking Section 44-53-2510(B)(4) and inserting:

/(4)the efficacy of , and side effects reported to, or satisfaction or dissatisfaction with medical cannabis products on a yes-no questionnaire as submitted by qualifying patients in a voluntary, anonymous survey, which may be conducted online by the department; /