S.C. Senate Oks Medical Marijuana, But Vote Narrows
BY: SKYLAR LAIRD/South Carolina Daily Gazette
COLUMBIA — Legislation that would legalize medical marijuana in South Carolina passed the Senate — again — but with less support than two years ago.
A 24-19 vote Wednesday in the Senate sent the bill — which allows people with debilitating medical conditions to eat, vape or topically apply cannabis products — over to the House, where its chances are dubious at best. Two years ago, House leadership tossed out a very similar bill before floor debate ever started over the rule that any legislation raising revenue must start in the House.
Sen. Richard Cash, R-Powdersville, told fellow senators he went back and forth before eventually voting “yes.”
“I have decided to err on the side of pain relief for those who need pain relief,” said Cash, who also voted for it in 2022. “That doesn’t mean I’m oblivious to the public safety effects.”
Sen. Tom Davis says easy access to birth control is key in preventing unwanted pregnancies that could otherwise lead to abortion.
So, Sen. Tom Davis, who’s been leading the charge for nine years, deleted all references to taxes from his latest iteration, ensuring that can’t be what kills the bill this time.
The do-over debate in the Senate was shorter — four days instead of three weeks — as advocates and opponents largely repeated their arguments from before.
Still, the bill lost four votes. In 2022, it passed the chamber 28-15.
Senate Majority Leader Shane Massey, among those who flipped his vote, said the deletion of a taxing component actually increased his concerns, as it left the state less able to control the sale and use.
But in general, he was never gung-ho about the idea, “and I’ve become less comfortable with it over the last two years,” the Edgefield Republican told the SC Daily Gazette after the vote.
Similarly, Sen. Brian Adams, a retired police officer, said his reversal wasn’t due to any change in the bill. Rather, he decided to lean “more on the cautious side” after talking with law enforcement officers and legislators from other states that have already legalized it, said the Goose Creek Republican.
As he has many times before, Davis argued that cannabis products are an important form of relief for people with a number of illnesses.
“This is medicine,” said the Beaufort Republican.
Those remaining staunchly opposed included Senate Education Chairman Greg Hembree, a former solicitor, who argued it could open the door to recreational marijuana use or other drugs.
“I am not convinced of the safety,” the Little River Republican said.
‘Most restrictive’
Davis said that if the proposal passes it would be the “most restrictive” of the laws already allowing medical marijuana in 38 states.
Smoking a joint would still be illegal. But the bill would allow people with cancer, autism, epilepsy, post-traumatic stress disorder and other listed chronic diseases to eat, vape or apply cannabis using a lotion.
People could buy medical marijuana at a specialized dispensary supervised by a licensed pharmacist. Regulations for growers would include requiring employees to pass background checks and getting a license from the state’s public health department.
Businesses would still be allowed to prohibit employees from using cannabis, even for medical reasons. Certain fields would be exempt altogether, such as public safety and trucking.
And in five years, the Statehouse would reevaluate the law based on what was working and what wasn’t.
Pain relief versus safety
Despite the similarities of the bill and the debate from two years ago, some senators seemed unsure how they’d vote as late as Wednesday.
Opponents argued it’s not the Legislature’s job to decide what medications are or aren’t legal. The federal government should be the ones to legalize marijuana, not the states, Sen. Kevin Johnson, D-Manning, said.
While marijuana technically remains illegal under federal law, the federal government has for years barred the U.S. Department of Justice from actually enforcing that law, largely letting states decide.
Sen. Billy Garrett, R-Greenwood, gave a personal reason for his opposition. His son died of an overdose after moving from marijuana to harder drugs, and he said he feared legalizing medical marijuana would lead to more people abusing drugs.
“We can’t afford to lose any of our children to any more drugs,” Garrett said Wednesday.
It’s up to the House
Two years ago, even senators who opposed the bill were upset by how the House dispensed with it. The loss of four votes meant supporters didn’t have enough votes to break a filibuster this time, but a filibuster never happened. Opponents opted not to hold up the bill and see how the House handles it.
“The real challenge is going to be getting it through the House process,” Davis told reporters.
Gov. Henry McMaster, who has long opposed legalizing marijuana, said he believes the House will take up the bill “on their time.”
In recent years, the GOP governor has seemed more open to the idea of allowing marijuana for medicinal use, while remaining strongly opposed to wide-open legalization, if legislators manage to come up with a bill not opposed by law enforcement. Davis spent years trying to win over State Law Enforcement Division Chief Mark Keel, without success.
Still, McMaster told reporters Thursday that Davis and other advocates make a strong case, and the idea deserves consideration by the House
“I think it would be healthy to debate it,” he said. “All of those pros and cons need to be fully debated.”
The South Carolina Daily Gazette is a nonprofit news site providing nonpartisan reporting and thoughtful commentary. We strive to shine a light on state government and how political decisions affect people across the Palmetto State. We do that with coverage that’s free to both readers and other news outlets.