July 4, 2022

Volume XII, Number 185

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July 01, 2022

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South Carolina’s Medical Marijuana Bill Ruled Unconstitutional, but Sponsor Vows to Keep Fighting

On May 4, 2022, South Carolina’s medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state’s House of Representatives.

The constitutional challenge was mounted by Rep. John McCravy, who argued that because the bill involves the creation of a new tax, specifically on medical cannabis, that the bill should have originated in the House, per the South Carolina constitution. House Speaker Pro Tem Thomas Pope agreed with Rep. McCravy’s argument and ruled the bill unconstitutional.

The bill’s sponsor, Rep. Tom Davis, appealed the ruling, but the House voted 59-55 to table the appeal, stopping the bill in its tracks. In response to this tabling of his appeal, Rep. Davis stated he would be “working on” getting the bill a “merits up or down [vote] in the House,” before the Legislature closes in mid-May.

While the ruling dealt a blow to the bill’s momentum, it is notable that the bill has not yet seen a vote on the merits — this setback was strictly a procedural one. The bill, which would allow patients with qualifying medical conditions to buy, possess, and use cannabis from state-licensed dispensaries, was passed by the Senate in February 2022. The bill has 14 listed cosponsors and was passed unanimously by the House Medical, Public, and Municipal Affairs Committee before stalling out on the House floor.

© 2022 Bradley Arant Boult Cummings LLPNational Law Review, Volume XII, Number 129
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About this Author

Rachel M. LaBruyere Litigation Attorney Bradley Arant Boult Cummings Charlotte
Associate

Rachel LaBruyere joined the firm in Fall 2019 as an associate in the Litigation Practice Group.

While in law school, Rachel gained a breadth of litigation experience working for the ACLU of North Carolina, the U.S. Attorney for the Eastern District of North Carolina, and the Equal Employment Opportunity Commission’s trial and appellate practices.

Rachel received her J.D. from the University of North Carolina School of Law, where she was inducted into the James E. and Carolyn B. Davis Society, recognizing third-year law...

704-338-6054
Whitt Steineker Cannabis Attorney Bradley Birmingham
Partner

Whitt Steineker has devoted his legal career to representing companies that provide a wide range of goods and services. He provides clients of all types with litigation counsel, transactional advice, and practical strategies for growth. Whitt advises clients of all sizes—from multinational corporations to local businesses—in transactional and litigation matters in jurisdictions across the country and around the world.

As co-chair of Bradley’s Cannabis Industry team, Whitt represents clients on a wide range of cannabis issues. In addition to...

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