South Carolina Lawmakers File Bills to Decriminalize Marijuana Possession and Legalize Medical Marijuana

In a significant push toward marijuana reform, two South Carolina lawmakers prefiled bills on December 5 aimed at decriminalizing marijuana possession and establishing a medical marijuana program.

Both bills, introduced by Democratic members of the South Carolina House, reflect a growing national movement to reevaluate marijuana laws.

Introduced by Representative Todd Rutherford, House Bill 3019 seeks to create a framework for the legal medical use of marijuana in South Carolina. The bill, titled the “Put Patients First Act,” would allow registered patients suffering from debilitating medical conditions to use marijuana with a doctor’s recommendation. The measure outlines provisions for a confidential registry, establishes protections for physicians and caregivers, and permits the operation of dispensaries to cultivate and distribute marijuana for medical purposes.

Under the proposed legislation, qualifying patients could possess up to two ounces of usable marijuana and cultivate up to six plants, three of which may be mature. Patients under 18 would require approval from two physicians and parental consent to participate in the program. The bill also includes safeguards to prevent public use, workplace discrimination, and misuse of registry cards. Violations would be subject to criminal penalties.

The bill has been referred to the Committee on Medical, Military, Public and Municipal Affairs.

On the same day, Representative Kambrell Garvin filed House Bill 3110, which seeks to decriminalize the possession of up to one ounce of marijuana or 10 grams of hashish. Instead of criminal charges, individuals found with small amounts of marijuana would face civil citations and fines ranging from $100 to $200 for a first offense. Repeat offenses would incur higher fines but not result in incarceration.

The bill also reduces penalties for first-time possession of methamphetamine or cocaine base and mandates participation in drug treatment or rehabilitation programs as part of sentencing. By decriminalizing minor possession offenses, the legislation aims to reduce incarceration rates and refocus law enforcement resources on more serious crimes.

House Bill 3110 has been assigned to the Judiciary Committee.

These bills represent an ambitious effort to address marijuana-related issues in South Carolina. Both measures must gain approval from their respective committees before proceeding to a full vote in the South Carolina House, and if passed, sent to the state’s Senate.

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