S*350 Session 103 (1979-1980)
S*0350(Rat #0346, Act #0323 of 1980) General Bill, By T.E. Smith
Similar(H 3210)
A Bill to enact the South Carolina Controlled Substances Therapeutic Research
Act of 1979 which will make marijuana available to cancer chemotherapy
patients, radiology and glaucoma patients under certain conditions for the
purpose of alleviating the patient's pain and discomfort-at.
03/13/79 Senate Introduced and read first time SJ-7
03/13/79 Senate Referred to Committee on Medical Affairs SJ-7
02/07/80 Senate Committee report: Favorable with amendment
Medical Affairs SJ-13
02/13/80 Senate Amended SJ-11
02/13/80 Senate Read second time SJ-11
02/19/80 Senate Read third time and sent to House SJ-7
02/20/80 House Introduced, read first time, placed on calendar
without reference HJ-1017
02/21/80 House Read second time HJ-1069
02/26/80 House Read third time and enrolled HJ-1115
02/27/80 Senate Ratified R 346 SJ-30
02/28/80 Signed By Governor
02/28/80 Effective date 02/28/80
02/28/80 Act No. 323
03/11/80 Copies available
(A323, R346, S350)
AN ACT TO ENACT THE SOUTH CAROLINA CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH
ACT OF 1980 WHICH WILL MAKE MARIJUANA AVAILABLE TO CANCER CHEMOTHERAPY,
RADIOLOGY AND GLAUCOMA PATIENTS UNDER CERTAIN CONDITIONS FOR THE PURPOSE OF
ALLEVIATING THE PATIENT'S PAIN AND DISCOMFORT.
Be it enacted by the General Assembly of the State of South Carolina:
Act may be cited
Section 1. This act may be cited as the "South Carolina Controlled
Substances Therapeutic Research Act of 1980".
Findings
Section 2. The General Assembly finds that recent research has shown that
the use of marijuana may alleviate the nausea and ill effects of cancer
chemotherapy and radiology, and, additionally, may alleviate the ill effects
of glaucoma. The General Assembly further finds that there is a need for
further research and experimentation with regard to the use of marijuana under
strictly controlled circumstances. It is for this purpose that the General
Assembly has determined to enact this legislation.
Definitions
Section 3. As used in this act unless the context clearly indicates
otherwise:
(a) "Commissioner" means the Commissioner of the Department of
Health and Environmental Control;
(b) "Marijuana" mean marijuana, all tetrahydrocannabinols or a
chemical derivative of any tetrahydrocannabinol;
(c) "Practitioner" means a physician licensed to practice medicine
in this State and licensed to prescribe and administer drugs which are subject
to regulation under the provisions of Article 3, Chapter 53 of Title 44 of the
1976 Code.
Department to establish therapeutic research program
Section 4. (A) There is established in the Department of Health and
Environmental Control a controlled substances therapeutic research program.
The program shall be administered by the Commissioner. The program shall
distribute to cancer chemotherapy and radiology patients and to glaucoma
patients who are certified pursuant to this act marijuana under the terms and
conditions of this act for the purpose of alleviating the patient's
discomfort, nausea and other painful side effects of their disease or
chemotherapy treatments. The Department shall promulgate regulations necessary
for the proper administration of this act and in such promulgation, the
Department shall take into consideration those pertinent regulations
promulgated by the Drug Enforcement Agency, U.S. Department of Justice; Food
and Drug Administration; the National Institute on Drug Abuse, and the
National Institutes of Health.
(B) Except as provided in subsection (c) of Section 5, the controlled
substances therapeutic research program shall be limited to cancer
chemotherapy and radiology patients and glaucoma patients, who are certified
to the patient qualification review advisory board by a practitioner as being
involved in a life-threatening or sense-threatening situation and who are not
responding to conventional controlled substances or where the conventional
controlled substances administered have proven to be effective but where the
patient has incurred severe side effects.
Commissioner to appoint patient qualification Review Advisory Board
Section 5. (a) The Commissioner shall appoint a patient qualification review
advisory board to serve at his pleasure. The patient qualification review
advisory board shall be comprised of:
(1) a physician licensed to practice medicine in South Carolina and
certified by the American Board of Ophthalmology;
(2) a physician licensed to practice medicine in South Carolina and
certified by the American Board of Internal Medicine and also certified in the
subspecialty of medical oncology;
(3) a physician licensed to practice medicine in South Carolina and
certified by the American Board of Psychiatry; and
(4) a pharmacologist holding a Doctoral degree or its equivalent.
Members of the board shall be paid the usual per diem, mileage and
subsistence as provided by law for members of boards, commissions and
committees.
(b) The board shall review all applicants for the controlled substances
therapeutic research program and their licensed practitioners and certify
their participation in the program.
(c) The board, in its discretion, may include other disease groups for
participation in the controlled substances therapeutic research program after
pertinent medical data have been presented by a practitioner to both the
Commissioner and the board and after necessary approval is received by the
appropriate federal agencies.
Marijuana obtained by commissioner
Section 6. (a) The Commissioner shall obtain marijuana through whatever
means he deems most appropriate consistent with federal law.
(b) The Commissioner shall cause such analyzed marijuana to be transferred
to various locations throughout the State that provide adequate security as
set forth in federal and state regulations for the purpose of distributing
such marijuana to the certified patient in such manner as is consistent with
federal law. The patient shall not be required to pay for such marijuana but
the Commissioner may charge for ancillary medical services provided by the
Department to compensate the Department for the cost, if any, of securing such
marijuana, and providing it to the patient.
Commissioner to make annual report
Section 7. The Commissioner shall annually report to the General Assembly
his opinion as to the effectiveness of this program and his recommendations
for any changes thereto.
Time effective
Section 8. This act shall take effect upon approval by the Governor. |