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S 220
Session 117 (2007-2008)


S 0220 General Bill, By Mescher
 A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING
 CHAPTER 135, TO PROVIDE FOR THE MEDICAL USE OF MARIJUANANext, TO PROVIDE THAT
 CERTAIN QUALIFYING PATIENTS MAY ENGAGE IN THE MEDICAL USE OF PreviousMARIJUANANext, TO
 LIMIT THE AMOUNT OF PreviousMARIJUANANext A QUALIFYING PATIENT OR CAREGIVER MAY POSSESS,
 TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ESTABLISH
 AND MAINTAIN A REGISTRATION PROGRAM AND THE ISSUANCE OF REGISTRY
 IDENTIFICATION CARDS, TO ESTABLISH THE QUALIFICATIONS A PATIENT OR CAREGIVER
 MUST POSSESS TO OBTAIN A REGISTRY IDENTIFICATION CARD, TO PROVIDE A TIME LIMIT
 FOR THE APPROVAL OF AN APPLICATION FOR AN IDENTIFICATION CARD AND ITS
 ISSUANCE, TO PROVIDE THAT THE INFORMATION ON THE IDENTIFICATION CARD MUST BE
 CURRENT, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
 MAINTAIN A CONFIDENTIAL LIST OF THE REGISTRANTS, TO PROVIDE THAT QUALIFYING
 PATIENTS AND CAREGIVERS IN COMPLIANCE WITH THIS ACT MAY NOT BE ARRESTED,
 PROSECUTED, OR PENALIZED IN ANY MANNER BASED UPON THE QUALIFYING PATIENT'S USE
 OF MEDICAL PreviousMARIJUANANext, TO PROVIDE THAT A PHYSICIAN MAY NOT BE ARRESTED,
 PROSECUTED, OR PENALIZED IN ANY MANNER, OR HAVE A PROFESSIONAL LICENSING BOARD
 ACTION BROUGHT AGAINST HIM SOLELY FOR PROVIDING A WRITTEN CERTIFICATION, TO
 PROTECT FROM FORFEITURE AN INDIVIDUAL'S INTEREST IN OR RIGHT TO PROPERTY THAT
 IS POSSESSED, OWNED, OR USED IN CONNECTION WITH THE MEDICAL USE OF PreviousMARIJUANANext,
 TO PROVIDE THAT POSSESSION OF OR AN APPLICATION FOR A REGISTRY IDENTIFICATION
 CARD DOES NOT ALONE CONSTITUTE PROBABLE CAUSE TO SEARCH THE PERSON OR PROPERTY
 OF THE PERSON POSSESSING OR APPLYING FOR THE REGISTRY IDENTIFICATION CARD, TO
 PROVIDE THAT AN EMPLOYER, SCHOOL, OR LANDLORD MAY NOT DISCRIMINATE AGAINST A
 PERSON SOLELY BECAUSE OF HIS STATUS AS A REGISTERED QUALIFYING PATIENT OR
 REGISTERED CAREGIVER, TO PLACE LIMITATIONS ON THE PLACES WHERE A QUALIFIED
 PATIENT MAY USE MEDICAL PreviousMARIJUANANext, TO PROVIDE THAT GOVERNMENT ASSISTANCE
 PROGRAMS OR PRIVATE HEALTH INSURERS ARE NOT REQUIRED TO REIMBURSE OR COVER THE
 COSTS OF MEDICAL PreviousMARIJUANANext, TO PROVIDE THAT AN EMPLOYER IS NOT REQUIRED TO
 ACCOMMODATE THE MEDICAL USE OF PreviousMARIJUANANext IN THE WORKPLACE, TO PROVIDE THAT A
 PERSON MAY NOT KNOWINGLY OR PURPOSELY FABRICATE OR MISREPRESENT A REGISTRY
 IDENTIFICATION CARD, TO REQUIRE THE DEPARTMENT TO PROMULGATE CERTAIN
 REGULATIONS, AND TO REQUIRE THAT THE DEPARTMENT SUBMIT AN ANNUAL REPORT TO THE
 GENERAL ASSEMBLY REFLECTING THE STATUS OF THE REGISTRY.

   12/13/06  Senate Prefiled
   12/13/06  Senate Referred to Committee on Medical Affairs
   01/09/07  Senate Introduced and read first time SJ-128
   01/09/07  Senate Referred to Committee on Medical Affairs SJ-128



VERSIONS OF THIS BILL

12/13/2006



S. 220

A BILL

TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 135, TO PROVIDE FOR THE MEDICAL USE OF PreviousMARIJUANANext, TO PROVIDE THAT CERTAIN QUALIFYING PATIENTS MAY ENGAGE IN THE MEDICAL USE OF PreviousMARIJUANANext, TO LIMIT THE AMOUNT OF PreviousMARIJUANANext A QUALIFYING PATIENT OR CAREGIVER MAY POSSESS, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ESTABLISH AND MAINTAIN A REGISTRATION PROGRAM AND THE ISSUANCE OF REGISTRY IDENTIFICATION CARDS, TO ESTABLISH THE QUALIFICATIONS A PATIENT OR CAREGIVER MUST POSSESS TO OBTAIN A REGISTRY IDENTIFICATION CARD, TO PROVIDE A TIME LIMIT FOR THE APPROVAL OF AN APPLICATION FOR AN IDENTIFICATION CARD AND ITS ISSUANCE, TO PROVIDE THAT THE INFORMATION ON THE IDENTIFICATION CARD MUST BE CURRENT, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAINTAIN A CONFIDENTIAL LIST OF THE REGISTRANTS, TO PROVIDE THAT QUALIFYING PATIENTS AND CAREGIVERS IN COMPLIANCE WITH THIS ACT MAY NOT BE ARRESTED, PROSECUTED, OR PENALIZED IN ANY MANNER BASED UPON THE QUALIFYING PATIENT'S USE OF MEDICAL PreviousMARIJUANANext, TO PROVIDE THAT A PHYSICIAN MAY NOT BE ARRESTED, PROSECUTED, OR PENALIZED IN ANY MANNER, OR HAVE A PROFESSIONAL LICENSING BOARD ACTION BROUGHT AGAINST HIM SOLELY FOR PROVIDING A WRITTEN CERTIFICATION, TO PROTECT FROM FORFEITURE AN INDIVIDUAL'S INTEREST IN OR RIGHT TO PROPERTY THAT IS POSSESSED, OWNED, OR USED IN CONNECTION WITH THE MEDICAL USE OF PreviousMARIJUANANext, TO PROVIDE THAT POSSESSION OF OR AN APPLICATION FOR A REGISTRY IDENTIFICATION CARD DOES NOT ALONE CONSTITUTE PROBABLE CAUSE TO SEARCH THE PERSON OR PROPERTY OF THE PERSON POSSESSING OR APPLYING FOR THE REGISTRY IDENTIFICATION CARD, TO PROVIDE THAT AN EMPLOYER, SCHOOL, OR LANDLORD MAY NOT DISCRIMINATE AGAINST A PERSON SOLELY BECAUSE OF HIS STATUS AS A REGISTERED QUALIFYING PATIENT OR REGISTERED CAREGIVER, TO PLACE LIMITATIONS ON THE PLACES WHERE A QUALIFIED PATIENT MAY USE MEDICAL PreviousMARIJUANANext, TO PROVIDE THAT GOVERNMENT ASSISTANCE PROGRAMS OR PRIVATE HEALTH INSURERS ARE NOT REQUIRED TO REIMBURSE OR COVER THE COSTS OF MEDICAL PreviousMARIJUANANext, TO PROVIDE THAT AN EMPLOYER IS NOT REQUIRED TO ACCOMMODATE THE MEDICAL USE OF PreviousMARIJUANANext IN THE WORKPLACE, TO PROVIDE THAT A PERSON MAY NOT KNOWINGLY OR PURPOSELY FABRICATE OR MISREPRESENT A REGISTRY IDENTIFICATION CARD, TO REQUIRE THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS, AND TO REQUIRE THAT THE DEPARTMENT SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY REFLECTING THE STATUS OF THE REGISTRY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 44 of the 1976 Code is amended by adding:

"Chapter 135

Medical Use of PreviousMarijuanaNext

Section 44-135-10.    As used in this chapter:

(1)    'Caregiver' means any person, eighteen years of age or older, who has agreed to undertake responsibility for managing the well-being of a person with respect to the medical use of PreviousmarijuanaNext. The term does not include the qualifying patient's physician.

(2)    'Debilitating medical condition' means

(a)    Cancer, glaucoma, or positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions; or

(b)    A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

(i)    Cachexia or wasting syndrome;

(ii)    Severe or chronic pain;

(iii)    Severe nausea;

(iv)    Seizures, including epileptic seizures;

(v)    Severe or persistent muscle spasms, including spasms caused by spinal injury, multiple sclerosis, or Crohn's    disease; or

(vi)    Fibromyalgia; or

(c)    Any other medical condition or treatment for a medical condition adopted by the department by rules;

(3)    'Department' means the Department of Health and Environmental Control;

(4)    'PreviousMarijuanaNext' has the same meaning as in Section 44-53-110;

(5)    'Medical use' means the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of PreviousmarijuanaNext or paraphernalia relating to the consumption of PreviousmarijuanaNext to alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the medical condition;

(6)    'Physician' means a person who is licensed to practice medicine in this state;

(7)    'Qualifying patient' or 'patient' means a person who has been diagnosed by a physician as having a debilitating medical condition;

(8)    'Registry identification card' means a document issued by the department that identifies a person as a qualifying patient or caregiver;

(9)    'Usable PreviousmarijuanaNext' means the dried leaves and flowers of PreviousmarijuanaNext and any mixture or preparation of PreviousmarijuanaNext. The term does not include the seeds, stalks, and roots of the plant;

(10)    'Written certification' means a qualifying patient's medical records or a statement signed by a physician stating that in the physician's professional opinion, after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of PreviousmarijuanaNext would likely outweigh the health risks for the qualifying patient.

Section 44-135-20.    (A)    A qualifying patient registered with the department may engage in the medical use of PreviousmarijuanaNext pursuant to this chapter.

(B)    A patient engaged in the medical use of PreviousmarijuanaNext may not possess more than six PreviousmarijuanaNext plants and more than one ounce of usable PreviousmarijuanaNext.

(C)    A caregiver may not possess more than six PreviousmarijuanaNext plants and more than one ounce of usable PreviousmarijuanaNext for each qualifying patient to whom he or she is connected through the department's registration process.

Section 44-135-30.    The department shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this chapter. A person to whom a registry identification card has been issued is deemed to be registered with the department for the purposes of this chapter.

Section 44-135-40.    Except as provided in Section 44-135-50, the department shall issue a registry identification card to a qualifying patient who submits the following, in accordance with department rules and regulations:

(1)    Written certification;

(2)    An application or renewal fee;

(3)    The name, address, and date of birth of the qualifying patient;

(4)    The name, address, and telephone number of the qualifying patient's physician; and

(5)    The name, address, and date of birth of the qualifying patient's caregiver, if any. A qualifying patient may have only one caregiver at any one time.

Section 44-135-50.    The department shall issue a registry identification card to a minor if the materials required under Section 44-135-40 are submitted and the custodial parent or legal guardian with responsibility for health care decisions for the minor signs and submits a written statement that:

(1)    The minor's physician has explained to the minor and to the parent or legal guardian with responsibility for health care decisions for the minor the potential risks and benefits of the

medical use of PreviousmarijuanaNext; and

(2)    The parent or legal guardian with responsibility for health care decisions for the minor:

(a)    Consents to the medical use of PreviousmarijuanaNext by the minor;

(b)    Agrees to serve as the minor's caregiver; and

(c)    Agrees to control the acquisition of PreviousmarijuanaNext and the dosage and frequency of the medical use of PreviousmarijuanaNext by the minor.

Section 44-135-60.    The department shall issue a registry identification card to the caregiver who is named in a qualifying patient's approved application if the caregiver signs a statement agreeing to provide PreviousmarijuanaNext only to qualifying patients who have named the applicant as caregiver. A caregiver may receive reasonable compensation for services provided to assist with a qualifying patient's medical use of PreviousmarijuanaNext. A person may serve as a caregiver to more than one patient.

Section 44-135-70.    The department shall verify the information contained in an application or renewal submitted for a registry identification card and shall approve or deny an application or renewal within fifteen days of receipt of the application or renewal. The department may deny an application or renewal only if the applicant did not provide the information required pursuant to this chapter, the department determines that the information was falsified, or the applicant is not qualified to receive a registry identification card.

Section 44-135-80.    The department shall issue a registry identification card within five days of approving an application or renewal. Registry identification cards expire one year after the date of issuance.

Section 44-135-90.    A registry identification card must include:

(1)    The name, address, and date of birth of the qualifying patient;

(2)    The name, address, and date of birth of the qualifying patient's caregiver, if any;

(3)    The date of issuance and expiration date of the registry identification card;

(4)    A random registry identification number; and

(5)    A photograph of the qualified patient.

Section 44-135-100.    A person who has been issued a registry identification card shall notify the department of any change in the qualifying patient's name, address, physician, or caregiver or any change in status of the qualifying patient's debilitating medical condition within thirty days of the change. If a change occurs and is not reported to the department within thirty days, the registry identification card is void.

Section 44-135-110.    The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Any individual name or any other identifying information on the list is confidential and is not subject to disclosure, except to:

(1)    An authorized employee of the department, as necessary to perform official duties of the department; or

(2)    An authorized employee of a state or local law enforcement agency, only as necessary to verify that a person is a lawful possessor of a registry identification card.

A person who knowingly and wilfully discloses confidential information protected by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both.

Section 44-135-120.    (A)    No qualifying patient or caregiver who possesses a registry identification card issued pursuant to this chapter may be arrested, prosecuted, or penalized in any manner, or be denied any right or privilege based upon the qualifying patient's medical use of PreviousmarijuanaNext provided that:

(1)    the patient was previously diagnosed by a physician as having a debilitating medical condition;

(2)    the patient was advised by his physician in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of PreviousmarijuanaNext in connection with a debilitating medical condition; and

(3)    the patient and his caregiver were collectively in possession of PreviousmarijuanaNext in an amount that does not exceed the amount permitted by Section 44-135-20.

(B)    A professional licensing board may not bring a disciplinary action for the medical use of PreviousmarijuanaNext or for assisting in the medical use of PreviousmarijuanaNext if the medical professional has not prescribed PreviousmarijuanaNext for the qualifying patient in an amount that exceeds the amount permitted by Section 44-135-20.

Section 44-135-130.    A qualifying patient or caregiver is presumed to be engaged in the medical use of PreviousmarijuanaNext if the qualifying patient or caregiver is in possession:

(1)    of a registry identification card; and

(2)    an amount of PreviousmarijuanaNext that does not exceed the amount permitted by Section 44-135-20.

The presumption may be rebutted by evidence that the possession of PreviousmarijuanaNext was not for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition.

Section 44-135-140.    No physician may be arrested, prosecuted, or penalized in any manner, or denied any right or privilege, nor may a professional licensing board bring a disciplinary action against a physician solely for providing a written certification or for otherwise stating that, in the practitioner's professional opinion, the potential benefits of the medical PreviousmarijuanaNext would likely outweigh the health risks for a patient.

Section 44-135-150.    An interest in or a right to property that is possessed, owned, or used in connection with the medical use of PreviousmarijuanaNext or any act incidental to the medical use of PreviousmarijuanaNext may not be forfeited under any provision of law providing for the forfeiture of property other than as a sentence imposed after conviction for a criminal offense.

Section 44-135-160.    Possession of or application for a registry identification card does not alone constitute probable cause to search 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 possessing or applying for the card to inspection by any governmental agency, including a law enforcement agency.

Section 44-135-170.    A registry identification card, or its equivalent, issued under the laws of another state, United States territory, or the District of Columbia to permit the medical use of PreviousmarijuanaNext by a qualifying patient or to permit a person to assist with a qualifying patient's medical use of PreviousmarijuanaNext has the same force and effect as a registry identification card issued by the department if it has been determined by the department that the other state's, territory's, or the District of Columbia's registry identification card issuance standards are equal to or greater than those required by the department.

Section 44-135-180.    No school, employer, or landlord may refuse to enroll, employ, or lease to, or otherwise penalize a person solely because of his or her status as a registered qualifying patient or a registered caregiver.

Section 44-135-190.    The provisions of this chapter do not permit:

(1)    Any person to be in actual physical control of any motor vehicle, aircraft, or motorboat while impaired by PreviousmarijuanaNext. However, no qualifying patient may be prosecuted for such an offense merely for the presence of PreviousmarijuanaNext metabolites in the patient's hair, blood, urine, saliva, or other bodily fluids;

(2)    The smoking of PreviousmarijuanaNext in any place where tobacco smoking is prohibited by law or by the rules of the establishment, or in any public place, except in a health care facility by permission of an attending physician; or

(3)    The undertaking of tasks by a person impaired by PreviousmarijuanaNext if doing so would constitute malpractice or negligent behavior.

Section 44-135-200.    Nothing in this chapter requires:

(1)    A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of PreviousmarijuanaNext; or

(2)    An employer to accommodate the medical use of Previousmarijuana in any workplace.

Section 44-135-210.    No person may knowingly or purposely fabricate or misrepresent a registry identification card to a law enforcement officer. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years.

Section 44-135-220.    (A)    The department must promulgate regulations and to address the manner in which the department will consider applications for and renewals of registry identification cards for qualifying patients and caregivers. The rules and regulations must establish application and renewal fees that generate revenue sufficient to offset all expenses of implementing and administering this chapter. The department may vary the application and renewal fees along a sliding scale that takes into consideration a qualifying patient's income, so that the fees do not place an undue hardship upon the qualifying patient.

(B)    The department may promulgate rules and regulations to define any additional medical conditions, or treatments for medical conditions, as debilitating medical conditions and to provide for requirements and procedures for the registry identification card.

Section 44-135-230.    The department shall report annually to the General Assembly the number of applications for registry identification cards, the number of qualifying patients and caregivers approved, the nature of the debilitating medical conditions of the qualifying patients, the number of registry identification cards revoked, and the number of physicians providing written certification for qualifying patients. The department may not provide any identifying information of qualifying patients, caregivers, or physicians."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.

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