Medical cannabis reform has re-entered the spotlight in South Carolina. Republican State Senator Tom Davis has reintroduced a bill titled The South Carolina Compassionate Care Act (S. 53) for the upcoming 2025 legislative session. This legislation aims to establish a tightly regulated framework for medical cannabis use, offering much-needed relief to patients with severe and debilitating medical conditions.
With South Carolina trailing behind other states in medical marijuana reform, this proposal could lay the groundwork for a more compassionate and comprehensive medical cannabis system. But what exactly does the Act entail? And how might it impact patients, healthcare providers, government agencies, and local communities within the state?
What Is the South Carolina Compassionate Care Act?
The South Carolina Compassionate Care Act (S.53) is a proposed bill permitting the use of medical marijuana for patients with specific qualifying conditions. While the Act does not legalize recreational marijuana or home cultivation, it introduces a regulated system where patients could access cannabis legally from state-licensed “therapeutic cannabis pharmacies.”
First introduced by Senator Davis in a previous legislative session, a version of this bill successfully passed the South Carolina Senate in 2022. However, it stalled in the House of Representatives. Senator Davis has now refined and refiled the bill, bringing it back for 2025 in hopes of securing its eventual passage.
Features of the South Carolina Compassionate Care Act
The Act, moreover, covers a wide range of critical elements relating to medical cannabis regulation, access, and usage. Here are its main provisions:
Qualifying Conditions for Medical Cannabis Use
Under this legislation, patients could receive a medical cannabis recommendation from a physician for the following debilitating medical conditions, among others:
- Cancer
- Epilepsy
- Multiple sclerosis (MS)
- Post-traumatic stress disorder (PTSD)
- Crohn’s disease
- Autism
- Terminal illnesses with a prognosis of one year or less
- Chronic pain or conditions where opioids are the primary treatment option
Licensed “Therapeutic Cannabis Pharmacies”
Medical cannabis distribution would occur exclusively through licensed facilities known as therapeutic cannabis pharmacies. These facilities will operate under stringent oversight by the state Board of Pharmacy, which will ensure adherence to regulations, including staffing requirements (e.g., a pharmacist must be available on-site) and packaging rules.
Patients would receive detailed usage limits outlined in their doctor’s recommendations. Physicians could specify dosage limits within a 14-day window, or they could default to state standards for various cannabis formats, such as oils, edibles, and topical products.
Prohibitions and Guardrails
The Act takes measures to balance patients’ needs with what lawmakers say is for public safety. These include:
- No Smoking or Home Cultivation: Smoking cannabis or growing cannabis at home remains prohibited under this bill.
- No Access for Safety-Critical Workers: Public safety professionals, commercial drivers, and operators of heavy machinery cannot use or possess medical cannabis while working under these roles.
- Child-Resistant Packaging: Cannabis products must adhere to strict labeling and packaging guidelines, including warnings and practices to prevent appeal to children.
- Restrictions on Lawmakers’ Participation in the Industry: Lawmakers and their immediate family members cannot financially benefit from the cannabis industry until 2029 unless they publicly abstain from voting on any cannabis-related regulatory measures.
Oversight and Reporting
The South Carolina Department of Public Health and Board of Pharmacy would oversee the licensing of cannabis businesses and the development of regulations. Additionally, a Medical Cannabis Advisory Board would be responsible for regularly reviewing and updating the list of qualifying conditions for cannabis access.
The Act includes provisions for data tracking and reporting. Mandated annual reports would document program performance metrics, such as patient registration numbers, conditions treated, and market trends.
Built-In Sunset Clause
One unique aspect of the South Carolina Compassionate Care Act is its five-year sunset clause. Specifically, lawmakers would revisit the program five years after the first legal sale of medical cannabis to assess its effectiveness and make modifications as necessary.
Why South Carolina Needs Medical Cannabis Reform
Addressing Debilitating Conditions
The absence of a medical marijuana program in South Carolina leaves many patients reliant on opioids, which pose significant risks for dependency and overdose. By regulating access to cannabis for appropriate conditions, the state could then provide a safer, evidence-backed alternative for pain management, epilepsy, and muscle spasticity, among other symptoms.
Aligning with National Trends
With over 40 U.S. states having legalized some form of medical marijuana, South Carolina is falling behind the national standard in advancing healthcare options for its citizens. Consequently, for patients and healthcare providers in the Palmetto State, the absence of legal medical cannabis means more patients are crossing state lines to access care—highlighting the urgent need for change.
Ensuring Public Safety Through Regulation
Unlike recreational cannabis proposals, the South Carolina Compassionate Care Act establishes a tightly controlled environment for medical cannabis. By requiring pharmacist oversight, enforcing strict labeling, and prohibiting home cultivation, the Act minimizes misuse and protects public health and safety.
Advocates Remain Optimistic For 2025
Senator Tom Davis believes the political climate in South Carolina is gradually becoming more open to medical cannabis reform. After all, previous versions of this legislation have gained bipartisan support in the Senate. The 2025 session could become a turning point for this compassionate care initiative if it bypasses procedural hurdles in the House.
“It’s time for South Carolina to step up,” Senator Davis told WSPA. “This legislation offers hope and relief for patients who are out of options, and it does so in a way that carefully protects public safety and prevents abuse.”
What’s Next for the Compassionate Care Act?
The South Carolina Compassionate Care Act represents a major step toward comprehensive medical cannabis reform in the state. However, its fate now hinges on upcoming debates in the legislature as the 2025 session begins in mid-January.
Will this measure finally make its way into South Carolina law? That’s up to lawmakers—and the voice of South Carolinians could make all the difference.
