South Carolina H 3019: Put Patients First Act

Bill Text

2025-2026 Bill 3019 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3019

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"PUT PATIENTS FIRST ACT" BY ADDING ARTICLE 22 TO CHAPTER 53, TITLE 44 SO AS TO 
AUTHORIZE REGISTERED PATIENTS TO USE MARIJUANA FOR MEDICAL PURPOSES, PHYSICIANS 
TO RECOMMEND THE MEDICAL USE OF MARIJUANA FOR THOSE PATIENTS, AND INDIVIDUALS 
TO ACT AS REGISTERED CAREGIVERS FOR THOSE PATIENTS, ALL WITH EXCEPTIONS; TO 
CREATE A CONFIDENTIAL REGISTRY THROUGH WHICH TO ISSUE IDENTIFICATION CARDS TO 
REGISTERED PATIENTS AND REGISTERED CAREGIVERS; TO PROVIDE CERTAIN DEFENSES AND 
OTHER PROTECTIONS TO REGISTERED PATIENTS, REGISTERED CAREGIVERS, AND PHYSICIANS 
FROM CRIMINAL LIABILITY AND PROFESSIONAL DISCIPLINE FOR CONDUCT AUTHORIZED BY 
THIS ARTICLE; TO AUTHORIZE THE OPERATION OF DISPENSARIES TO CULTIVATE, GROW, 
AND DISPENSE MARIJUANA FOR MEDICAL USE; TO PROVIDE CERTAIN DEFENSES AND 
PROTECTIONS TO DISPENSARIES FOR CONDUCT AUTHORIZED BY THIS ARTICLE; TO ALLOW 
ESTABLISHMENT OF FEES; TO CREATE CRIMINAL PENALTIES; TO PROVIDE FOR THE 
PROMULGATION OF REGULATIONS AND DEVELOPMENT OF GUIDANCE AND FORMS; AND FOR 
OTHER PURPOSES; AND BY REPEALING ARTICLE 4 OF CHAPTER 53, TITLE 44 RELATING TO 
CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Put Patients First Act."

SECTION 2. Chapter 53, Title 44 of the S.C. Code is amended by 
adding:

Article 22

Put Patients First Act

 Section 
44-53-2220. For purposes of this article:

 (1) "Bona 
fide physician-patient relationship" means:

 (a) 
a physician and patient treatment or counseling relationship, in the course of 
which the physician has completed a full assessment of the patient's medical 
history and current medical condition, including an appropriate personal 
physical examination;

 (b) 
physician consultation with a patient with respect to the patient's 
debilitating medical condition before the patient applies for a registry 
identification card; and

 (c) 
physician availability to provide follow-up care and treatment to the patient 
including, but not limited to, patient examination to determine the efficacy of 
the use of medical marijuana as a treatment of the patient's debilitating 
medical condition.

 (2) "Criminal 
record" means all information documenting an individual's contact with the 
criminal justice system, including data regarding identification, arrest, 
citation, arraignment, conviction, judicial disposition, custody, and 
supervision.

 (3) "Debilitating 
medical condition" means:

 (a) 
cancer, glaucoma, positive status for human immunodeficiency virus, and 
acquired immune deficiency syndrome, or treatment for these conditions;

 (b) 
a chronic or debilitating disease or medical condition, or treatment of that 
disease or medical condition, that results in one or more of the following 
symptoms, and for which, in the professional opinion of that patient's 
physician, the use of medical marijuana would alleviate one or more of the 
symptoms:

 (i) 
cachexia;

 (ii) 
severe pain;

 (iii) 
severe nausea;

 (iv) 
seizures, including those that are characteristic of epilepsy; or

 (v) 
persistent muscle spasms, including those characteristic of multiple sclerosis; 
and

 (c) 
another disease or medical condition, or treatment of that disease or medical 
condition, determined by the department to be a debilitating medical condition 
pursuant to department regulation or department approval of a petition 
submitted by a patient or a patient's physician.

 (4) "Department" 
means the Department of Public Health.

 (5) "Dispensary" 
means an entity registered pursuant to Section 44-53-2540.

 (6) "Enclosed 
secured facility" means a closet, room, greenhouse, building, or other enclosed 
area equipped with locks or other security devices that permit access only by a 
registered patient, registered caregiver, or an employee or agent of a 
dispensary, as applicable.

 (7) "Engage 
in the medical use of marijuana" means the acquisition, possession, production, 
cultivation, use, transfer, or transportation of marijuana or paraphernalia 
relating to the administration of marijuana to alleviate the symptoms and side 
effects of a registered patient's debilitating medical condition, which is in 
compliance with all the limitations and restrictions of this article.

 (8) "Managing 
the well-being of a registered patient" means performing tasks to assist a 
registered patient with activities of daily living, provided the assistance is 
not limited only to helping a patient to engage in the medical use of 
marijuana.

 (9) "Marijuana" 
has the same meaning as defined in Section 44-53