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Bill Number: 350 Ratification Number: 346 Act Number 323 Introducing Body: Senate Subject: Medical marijuana
(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".
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.
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.
Section 8. This act shall take effect upon approval by the Governor.