South Carolina: Hazy Medical Marijuana Debate

Jacob Redmond

Well-Known Member
One South Carolina mother has been giving her daughter regular doses of a form of medical marijuana, called cannabidiol or CBD oil, to help control hundreds of seizures her child experiences on a daily basis.

Under South Carolina law, she has the legal authority to administer the drug; under federal law, however, she could potentially face arrest for possession of marijuana.

The Charleston mother, Jill Swing, is also a member of the medical marijuana study committee created last June. She said the drug has made a world of difference but it's a constant struggle to maintain a regular dosage.

"Since there isn't a medical marijuana program in the state, we have to rely on a variety of sources and hope that it's a safe, high-quality product," Swing said. "It creates a lot of challenges."

As legislators begin to implement medical marijuana laws and introduce new ones, South Carolina doctors and law enforcement officials have expressed dissenting views on the drug's medical legitimacy.

They say if medical marijuana is legalized, the influx of people trying to abusing the drug will overshadow the number of patients who could potentially benefit from it.

Advocates, on the other hand, say state authorities shouldn't stand in the way of anyone's health. They say the "lazy stoner" mentality that's often associated with cannabis shouldn't obstruct legitimate medical research that can ease suffering for thousands of patients.

Federal law lists marijuana as a Schedule I drug, which means growing, possessing, distributing or consuming it, for any purpose, is a criminally punishable offense.

Over the past year, however, there's been some confusion coming from South Carolina lawmakers by passing state laws that contradict federal marijuana laws.

Medicinal Marijuana In South Carolina Legislature

Sen. Tom Davis, a Republican from Beaufort, has been at the forefront of the fight to legalize medical use of the drug in the state. He said that since South Carolinians are typically socially conservative, a new bill he plans to introduce does not seek decriminalization, only a strictly regulated program to help a wider range of patients.

He said the bill would not only provide doctors the authority to prescribe marijuana, but also would provide regulations and guidelines for in-state growth, cultivation and dispensation.

"It's very important that the state play an important role in all aspects of the process," Davis said. "I'm approaching it as I would any other controlled substance ... One of the important things we're working on is a tracking mechanism so the state knows where the product is throughout the process. You need that to prevent diversion and abusing it for recreational use."

Davis sponsored the Medical Cannabis Therapeutic Treatment Research Act (Julian's Law), a bill signed by Gov. Nikki Haley last June that approved the prescription of CBD oil for patients with certain forms of epilepsy and seizures. The law allows people suffering from those illnesses to legally use the low-THC oil.

This means it's now legal for patients with a doctor's orders to use the oil, but since the product isn't made in South Carolina there's no legal way for doctors or patients to get it. Federal law makes it illegal to ship it or transport it across state lines.
"If we allow cannabis and cannabis products to be prescribed by doctors to their patients, we have to have a supply," Davis said. "I want to come up with a method whereby that process is controlled."

He emphasized that his efforts are not an effort to legalize marijuana for recreational use. He said his sole purpose is leaving the choice to the "physician's professional discretion" and giving doctors the necessary tools to make the best choice for their patients.

Legislators have also introduced the Patients First Act (H-3140), which would allow qualified patients to have cannabis therapy and to obtain cannabis from licensed dispensaries, under a physician's written authorization.

The act would also allow for the growth and cultivation for medicinal purposes.

All bills related to medical marijuana are now in judiciary committees.

Cannabis Derivatives As A Medical Alternative

Research by the Medical University of South Carolina indicates that CBD oil contains minimal levels of tetrahydrocannabinol (THC), the mind-altering chemical in marijuana. Advocates say not all forms of medical cannabis contain a level of THC that can get a person high; in many cases there is no psychoactive effect at all.

South Carolina Advocates for Epilepsy founder Karen St. Marie told the Morning News that it's past time for doctors and lawmakers to confront the stigma surrounding marijuana and realize that the drug can be used for more than getting people high.

Her son, Erick, has a refractory form of epilepsy that makes him mostly unresponsive to medicine. He's done several clinical trials, taken dozens of prescription medications and undergone five surgeries but still doesn't have control over his body, St. Marie said.

"When you have epilepsy, or another disease, there are so many life choices that are taken away from you. You don't have control of your own body," St. Marie said. "But what we can control is our health care and what our options are ... It may not work for everyone but the option should be there to give people the chance at what will work for them."

She said there is a need for legislation that opens the door for more clinical research and availability to doctors, so questions about the drug's medical legitimacy can be legally addressed.

"This can potentially benefit so many different disabilities and disorders, not just epilepsy," St. Marie said. "It's just heartbreaking knowing that this is a natural plant from the earth that's illegal, when so many other medications we have are all completely chemical based and have huge, long-term side effects."

She said some South Carolina families have made the choice to move to states with medical marijuana laws, just to have legal access to products that ease a loved one's suffering.

Swing said a major problem lies with federal laws, and any state with medical marijuana laws is under federal violation because the drug is still listed as a Schedule I drug. She said state and national lawmakers tend to procrastinate on moving bills that could change the marijuana schedule and have a broad effect.

"This isn't a small, unimportant issue," Swing said. "This has widespread implications throughout the country, especially in conservative South Carolina. If we can actually get formation on some of these laws, maybe other Southern states will follow suit."

South Carolina Doctors Weigh-in

Dr. Jeffrey Scharstein, a physician at McLeod Family Medicine in Darlington, said marijuana may be a viable alternative for some patients, but the number of people who would attempt to abuse the substance would greatly outweigh any legitimate medical need.

"The issue becomes whether or not we (doctors) want to take on the added responsibility of policing the use of another drug," Scharstein said. "A very significant amount of all prescriber's time is spent trying to prescribe controlled substances in a responsible way and still fulfill the patient's needs."

He said the general view among doctors in the state is one of opposition to a medical marijuana program because of the "doubtful clear medical benefits" for a broader spectrum of patients.

"Are there individual cases where there might be a benefit? Sure there are," Scharstein said. "But my projection would be that a whole bunch of people who don't need it would go into doctor's office's to get marijuana legally, as opposed to the few who it could medically help."

He said that if given a choice, most physicians in the state would choose not to prescribe the drug. Scharstein added that in all his years of practice he's never seen the association give an opinion on any type of medication, except for medical marijuana.

Previous reports indicate representatives from the South Carolina Medical Association have spoken out against legislation that would legalize cannabis for medical use because there isn't enough research to support the long-term benefits.

Dr. Walter J. Evans, a general neurologist at Comprehensive Neurological Services in Florence, said marijuana in its current, inhalant form doesn't necessarily imply any vast medical benefits.

"There just aren't enough studies on it to know for sure," Evans said. "Certainly there's evidence of some beneficial effects, but there's also the fact that you're inhaling a product of combustion and that's not good."
He said there needs to be more research and solid empirical data before South Carolina lawmakers take steps to legalize the drug for medical use.

"I think it would be different if there was a better delivery method and you could quantify it more to give more precise dosage," Evans said. "Let's subject it to the same kind of scrutiny that all these other medications go through."

Legal Concerns From State Authorities

As it currently stands, 23 states and the District of Columbia have laws legalizing cannabis for medicinal purposes. State and local authorities agree that if a law is passed in South Carolina, law enforcement agencies will suffer.

Florence County Sheriff Kenney Boone, president of the state's sheriffs' association, sent the Morning News a statement from the association that was issued last December. He said it represents his current stance on the issue.

"We believe that legalizing marijuana of any form, without the federal government's approval, will only exacerbate law enforcement's efforts to combat illegal drug use and prescription drug abuse and will weaken our ability to properly protect and serve our communities as a whole," the statement said.

It goes on to sympathize with suffering patients but warns that illegal medication isn't an appropriate way to handle health care.

"We want to do everything within our power to bring relief and comfort to those who suffer, but as law enforcement officers, and individuals who are entrusted to live by and enforce the laws of this state, we must stop short of condoning relief that comes through an illegal manner.

"In a day and time when law enforcement officials in South Carolina are doing all that we can to combat prescription drug abuse and illegal drug use, we believe legalizing medical marijuana will increase our struggle and create greater burdens for our communities." *edit*

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Full Article: Pee Dee weighs in on hazy medical marijuana debate - SCNow: Local News
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