Home Political News South Carolina House Kills Medical Cannabis Bill on Technicality

South Carolina House Kills Medical Cannabis Bill on Technicality

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South Carolina House Kills Medical Cannabis Bill on Technicality

The medical cannabis legalization bill in South Carolina, the Compassionate Care Act (S0150) took months to reach the House Floor. But when it did, it died on a technicality. Suddenly, seven years of work for Senator Tom Davis, R, who sponsored S0150, didn’t even receive a simple debate or discussion. Senate leaders are baffled by the ruling by House Speaker Pro Tempore Tommy Pope, R, and backed by a majority vote from House members. 

2022 Regular Session Discussion

S0150 was first introduced in 2021. After some debate, the Senate Majority Leader Shane Massey, R, moved the Compassionate Care Act to 2022’s regular session. Despite not wanting to push it back, Senator Davis agreed. This way, the bill remained alive and wouldn’t need a reintroduction in the new session. Following the start of the regular session, S0150 made its way through the Senate, where it was amended and approved. After passing through the Senate, S0150 moved to the House. 

But despite being pushed through the Senate in February, some representatives opposed to medical cannabis legalization found ways to stall the bill. One representative even filed over 100 amendments in order to stall the discussion of S0150. But the South Carolina House Medical, Military, Public and Municipal Affairs Committee (3M) threw out several amendments for being hostile to the bill overall. Shortly after doing so, S0150 passed through the 3M Committee and was set for debate in the House. 

Even after passing through 3M, S0150 still waited about a month before House leaders scheduled its hearing. Opponents to medical cannabis filed over 1,000 additional amendments to further delay debate and discussion. This happened even though Senator Davis spoke with several Representatives to assure them his bill would be the most conservative medical cannabis bill across the country.

Unconstitutional Ruling

But as the time came closer to discuss S0150, Representative John McCravy requested the House Speaker to rule the bill unconstitutional. His reasoning: the 6% fee on medical cannabis sales to pay for regulations is actually a new tax. Any revenue-raising bills, including a new tax, have to originate in the House. S0150 came from the Senate and was therefore unconstitutional. 

After debating for nearly three hours, House Speaker Pope ruled in favor of Representative McCravy’s request. This ruling effectively killed S0150 before it could receive debate. The House Minority leader, Todd Rutherford, D, challenged the ruling, saying that the 6% fee on medical cannabis is exempt from state sales tax, so it wouldn’t actually raise revenue. Representative Rutherford called for a vote to try and overturn it with a simple majority. But with a final vote of 59-55, S0150 died.

Lawmaker Response

With the final vote announced, Senator Davis, who sat in the back of the House, left with his head bowed. “We suffered a setback procedurally in the House today,” Senator Davis told the press. “I can’t cry about it, I can’t pout about it, I can’t go back and lash out and hurt other people’s bills. That’s not productive. 

Others have taken to social media platforms to express their frustration with how the House handled S0150. “This is an historic failure of leadership by this governor and legislators to pass a watered-down version of the most conservative medical marijuana bill in the entire country,” tweeted Joe Cunningham, who is the Democratic gubernatorial candidate. 

Future

Lawmakers now fear relations between the South Carolina House and Senate will crumble. They had improved over the past two years. “The relationship for the last two years has been really very good. We’ve worked very well together, and, then, you know, the last 10 days it’s gotten kind of nasty,” Senate President Massey said. “This may be the equivalent of firebombing the bridge.”

For now, medical cannabis in South Carolina is dead for 2022. Any further chance of it passing this year is not possible as the regular session ends May 12. The next chance Senator Davis can bring forward his medical cannabis bill is during the next regular session in 2023.

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