Davis to introduce bill next week to expand medical marijuana

By Lindsay Street, contributing writer | The state’s leading Republican proponent for medical marijuana will start the new legislative session Tuesday by introducing a sweeping bill that would allow people to possess or consume the drug when authorized by a South Carolina doctor.

S.C. Sen. Tom Davis, R-Beaufort, said his new proposal, which borrows heavily from states with successful medical marijuana programs, has bipartisan support and have a dozen of cosponsors.

Late last year, a Winthrop Poll for The State newspaper found that 78 percent of respondents support legalizing medical marijuana.

“I can’t think of any issue that enjoys that overwhelming support,” Davis told Statehouse Report in an exclusive interview.

In 2014, Davis put a foot in opening the door for medical marijuana with a bill that became law that now allows doctors to authorize a marijuana-derived oil to patients. The measure also decriminalized the possession of that oil by patients. He said he is hoping the legislation’s past success led to further education to help make his new bill a reality.

“This new law would expand the uses of cannabis for medicinal purposes,” Davis said. “It’s going to be a new ball game in terms of advocacy this year and that’s a function of the education and being made aware of it.”

Davis said the new bill will call for doctors to authorize use of the marijuana by patients, and that the drug would be treated like any other controlled medication, except that the state would have to oversee cultivation, processing, dispensing and consumption. Davis said fees on growers and dispensaries would offset any expenses incurred by the state.

More than half of U.S. states say OK to medical marijuana

Twenty eight states currently allow medical marijuana. Technically, South Carolina was ahead of the curve with legislation with a 1980 act that allowed medical marijuana in the state, but that act was never funded and medical marijuana has remained illegal. None of South Carolina’s neighbors have an operational medical marijuana law. Florida and Arkansas legalized medical marijuana through a ballot to voters in 2016.

Davis will attempt to avoid déjà vu from the 2016 session when he tried to pass a similar bill, but was stopped by opposition in the senate and from state law enforcement.

Davis said the new bill keeps much of the overarching goals of the previous bill, like expanding medical marijuana’s access in the state, but the new draft has improved safeguards for keeping marijuana from leaving the system and hitting the streets, like the tracking of marijuana from cultivation to dispensing. The bill also features revamped language on the types of conditions marijuana can treat and how to label the product, Davis said.

“We’ve made a good faith effort to listen to the concerns of law enforcement … Legislation is all about making sure the various stakeholders are OK with what’s being proposed,” he said. “I’m optimistic and hopeful that it would be persuasive.”

Former Sen. Mike Fair, R-Greenville, opposed Davis’ 2016 bill. But new GOP Sen. William Timmons, who unseated Fair last year, said he isn’t adamantly opposed to medical marijuana. But, he added, he would rather the conversation be about whether all use of the drug should be legalized.

“I’m not saying I’m for legalization but I’m saying, ‘What exactly are we doing with the role of drugs and our criminal justice system?’” the former prosecutor said. “The medical conversation is not the right [conversation] to have, but I’m not going to even take part in the conversation. I know Sen. Fair was adamantly against it … I’m just going to choose to abstain on this one.”

State Law Enforcement Division spokesman Thom Berry said his agency would not be able to weigh in on any proposed medical marijuana bill until it was studied thoroughly.

Two approaches in the House

In the House, Rep. Peter McCoy, R-Charleston, is expected to champion a similar new medical marijuana bill, according to Davis. McCoy could not be reached for comment.

On the other side of the aisle, longtime medical marijuana advocate Rep. Todd Rutherford, D-Richland, has pre-filed legislation that would decriminalize the drug for combat veterans suffering from post traumatic stress disorder. He called the bill a “baby step” that would help “one of the largest classes of people” that benefit from the drug.

“[Veterans] should now be able — if they have suffered PTSD or other illness as part of their service — should be able to partake of marijuana,” Rutherford said in a telephone interview. He added there shouldn’t be any conversation about allowing veterans access to medical marijuana. “You should put your money where your mouth is and show how proud you are of our veterans.”

Like Davis’ bill, Rutherford’s proposal would authorize who can grow in the state and who can buy from those growers.

“The time has come for us to stop burying our heads in the ground and realize that marijuana is something that grows from the earth and has great benefit,” Rutherford said.

Wayne Borders, executive director of the Columbia chapter of nonprofit marijuana advocacy agency National Organization for the Reform of Marijuana Laws (NORML), said legislation like Rutherford’s 2017 pre-filed bill and Davis’ successful 2014 cannabis oil bill were “building blocks” to help usher in medical marijuana legislation.

“We understand we can only accomplish what we have in pieces,” Borders said. He added there are “clearly thousands” of patients in the state who could benefit from Davis’ 2017 bill.

What about recreational use?

So if South Carolina finally passes a medical marijuana bill, would full legalization be around the corner? Probably not, observers say.

Davis has said he would not be interested in filing legislation for legalization, and that issue should be left up to the citizens of South Carolina on a ballot referendum. The 2016 Winthrop poll showed respondents were less supportive of recreational use of marijuana. According to the poll, only 39 percent of respondents said they support legalizing pot for recreational use.

And, according to Borders, allowing medical marijuana doesn’t necessarily pave the path to full legalization.

“I don’t know if one follows the other,” he said.

Borders said his organization wouldn’t immediately switch focus from medical marijuana to full legalization should Davis’ bill pass.

“That’s putting the cart before the horse,” he said, adding that the state would need to build a solid medical marijuana system and work out any kinks in the system before it should consider full legalization of the drug. “Once you go to that next step, then you want to make sure these things can be supported by past legislation.”

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