SC Senate advances medical marijuana bill, but its future in the House is uncertain
South Carolina senators voted Wednesday night to advance legislation that would legalize certain forms of marijuana for medical use, sending the bill to the House, where its future is uncertain.
The Senate voted 28-15 after making several heavy changes to the legislation that would allow people with doctor-approved medical conditions, such as cancer, glaucoma and multiple sclerosis, to use marijuana in the forms of oils, salves, vaporizers or patches. South Carolinians could only get the marijuana through specific pharmacies.
Republican Sen. Tom Davis, the bill’s lead sponsor, celebrated its passage after waiting seven years for the Senate to vote on the legislation. Davis, R-Beaufort, had made significant tweaks to the bill to appease other senators and law enforcement.
That included the head of the State Law Enforcement Department, Mark Keel, who said he would remain opposed to legalizing marijuana for medicinal purposes until it is approved by the U.S. Food and Drug Administration, among other measures.
“I guess right now, just gratitude to my colleagues in the Senate. What I was struck by is even those that were opposed to the bill, they could’ve just gone up there and ranted on it and given speeches and diatribes, but they didn’t do it,” Davis told reporters when asked his emotions after the Senate passed his bill.
“I mean, they made clear if they were opposed to the bill, but then they went ahead and did what good senators do, which is dig in to figure out how to make the bill better.”
The final vote — passed by 17 Republicans and 11 Democrats — mildly surprised Davis, who watched even some of the chamber’s most socially conservative members vote to advance it.
One of those surprises was state Sen. Sean Bennett, R-Dorchester, Davis said. Bennett, who said it’s his stance that marijuana is a dangerous substance, told colleagues he decided to support the legislation only an hour before the Senate voted, and added the Legislature will likely have to revisit the legislation to deal with unknown challenges.
”I pray that we are able to curb this opioid problem. I pray that medical cannabis will help us do that,” Bennett said. “I hope and pray that this is part of the solution. If it’s not, we gave it a shot. But I hope that some people get some help and the help that they need, and I hope that we haven’t created something that we’re going to look back on as a Frankenstein monster and have to fix, but I’m ready to do that if we have to.”
Medical marijuana bill faces time crunch
House Republican leaders have been largely mum on the bill’s prospects in the lower chamber.
Davis told reporters last month that House Speaker Jay Lucas, R-Darlington, promised the bill would move through committee — a claim the speaker’s office rebutted.
A spokeswoman for the speaker declined to get into specifics about the bill, saying the speaker would assign it to a committee when the House returns Tuesday. Similar legislation has traditionally been sent to the House Medical, Military, Public and Municipal Affairs Committee, which is chaired by Democratic state Rep. Leon Howard, of Richland County.
Another possible committee is the House Judiciary Committee, though the Republican-led panel is behind this session, said House Majority Gary Simrill, R-York, said. Its chairman, Rep. Rep. Chris Murphy, R-Dorchester, is currently recovering after being diagnosed with COVID-19 earlier this year.
Regardless of where the bill goes, there will be be a time crunch.
If the House does not advance the legislation by the end of session in early May, the bill will be dead for the year and have to be refiled again next year. And if the bill gets a hearing, it likely will not be until April, Simrill said.
The House plans to prioritize House bills ahead of the crossover deadline in early April, after which bills traditionally do not cross between the chambers. Until then, the House is largely focused on the budget, which is debated on the floor in March, said Simrill, who sits on the House Ways and Means Committee.
Simrill said the House will deal with Senate bills after crossover in April. The House plans to take furlough the week of Easter.
“It really depends on just timing of getting the budget out and House bills that are currently in process out,” Simrill said of the medical marijuana bill. “Our goal at this point is the budget. The second deadline is crossover.”
Gov. Henry McMaster — who remains close with House leaders — told reporters Tuesday it was too early to say whether he’d veto the legislation should it cross his desk.
If the bill becomes law, South Carolina could become the 38th state to legalize medical marijuana after Mississippi.
“Premature to say,” McMaster said. “I’d have to see what’s in a bill if there is one.”
This story was originally published February 9, 2022 at 8:27 PM.
