How to Qualify For a Medical Marijuana Card in South Carolina
Relief is likely to be in sight for patients who are waiting for medical cannabis to be legalized in the Palmetto state. Although legalization is still pending, on April 7, 2023, the S.C. Compassionate Care Act passed the Senate with overwhelming bipartisan support. If the bill continues to progress as planned, South Carolina medical marijuana cards may be available in 2024.
Let’s dive in and explore the details of the law, including who may qualify, how to access prescriptions, and other key factors.
Who Will Qualify for the S.C. Compassionate Care Act
Let’s begin with what medical conditions may qualify patients for access to a cannabis prescription. The guidelines are similar to most states. A mere diagnosis of the conditions below is not enough to qualify, as the condition must be deemed “debilitating” to the individual patient.
Qualifying conditions include:
- Cancer
- Multiple sclerosis
- Epilepsy
- Neurological disease/disorder
- Sickle cell anemia
- PTSD
- Autism
- Crohn’s disease
- Ulcerative colitis
- Cachexia
- Terminal illness
- Medical conditions that cause persistent muscle spasms
- Medical conditions that require a person to be homebound with severe nausea
- Chronic conditions that utilize opioid prescriptions as a standard of care
How to Qualify for Opioid Alternative?
Nationwide opioid addictions and overdoses are on the rise. In South Carolina, drug overdose deaths caused by synthetic opioid fentanyl increased 35% from 2020 to 2021. The state’s Compassionate Care Act will provide an alternative to addictive opioids.
The bill states that if an opioid is currently or could be prescribed, the physician must:
- Provide objective proof of the etiology of the patient’s pain. This could be through an MRI or X-ray.
- Have diagnosed or verified the diagnosis of a disease or medical condition that causes severe pain.
This includes, but is not limited to:
- Complex regional pain syndrome
- Residual limb pain
- Rheumatoid arthritis
- Spinal cord disease
- Spinal cord injury
- Fibromyalgia
- Shingles
- Trigeminal neuralgia
How to Qualify for PTSD
Not everyone diagnosed with post-traumatic stress disorder (PTSD) will qualify for a South Carolina medical marijuana card. To qualify, a physician must have a bona fide relationship with the patient. The physician must complete special documentation advising medical marijuana to be utilized as an alternative to addictive opioids.
When applying with the Department of Health and Environmental Control (DHEC), the physician must provide proof of trauma. In addition to trauma, verification that the patient’s PTSD is a debilitating presence that hinders their quality of life.
This includes, but is not limited to:
- Military service in an active combat zone.
- Victim of a violent crime and/or sexual crime.
- First responder to violent crime or trauma.
How to Qualify as a Minor
Prescribing medical cannabis to minors continues to be a topic of controversy. However, it can transform the quality of life for minors living with epilepsy and other qualified conditions.
In South Carolina, parents or guardians must apply on behalf of children under the age of 18. The parent or guardian must agree to the frequency of administration and the route of administration.
The law also requires patients ages 18 to 23 to provide certifications from 2 qualified physicians.
What Professions Are Restricted?
In addition to the medically relevant criteria above, there are a variety of professions that prohibit medical cannabis. This is often due to concerns for public safety.
Restricted professions not eligible for a South Carolina medical marijuana card include, but are not limited to jobs that require:
- Carrying of a weapon, including a firearm
- A law enforcement credential
- Commercial driver’s license
- Charter boat license
- Pilot’s license
- Operation of trains, buses, or other public transportation
- The use of heavy machinery
Who Regulates Medical Marijuana in South Carolina?
Once the law goes into effect, a Medical Cannabis Advisory Board will be assembled to review all petitions.
The board will consist of:
- The Director of the DHEC.
- Four doctors who don’t authorize medical cannabis.
- One board-certified addiction medicine physician.
- Two pharmacists who dispense medical cannabis.
- Two pharmacists who don’t dispense medical cannabis.
- One medical cannabis patient.
- One parent of a minor cannabis patient.
Physician Requirements to Prescribe Medical Cannabis
Not all physicians will be eligible to certify patients for a South Carolina medical marijuana card.
In order to qualify as a certified physician, physicians must:
- Be state-licensed and surgical board-certified MDs, DOs, or podiatrists.
- They must register with the DHEC and complete an annual 3-hour cannabis continuing medical education course.
- Be certified with the DHEC and provide their certification form for patients who apply for the program.
Once certified, physicians must follow a formal process before qualified patients can apply for a card.
This must include:
- Evaluation: A thorough evaluation must be completed to validate patient eligibility. This must include reviewing or providing documentation to verify a qualifying disease, pain, diagnosis, or addiction. The evaluation must confirm that standard therapies deliver inadequate results.
- Treatment plan: Physicians must map out a treatment plan detailing all measures to ease pain, symptoms, and/or addiction. The plan must advise the patient on the potential risks of cannabis. This includes outlining safe at-home storage to safeguard children and pets.
- Follow-up: Physicians must see patients 6 months after they’re certified, and at least annually thereafter.
- No conflict of interest: Physicians must be unbiased. They may not receive or accept cash, perks, or remuneration from therapeutic cannabis pharmacies. They may not refer to, invest in, or examine patients in therapeutic cannabis pharmacies.
How to Obtain a South Carolina Medical Marijuana Card
Once patients have been found eligible by a certified physician per the criteria above, they can apply with the DHEC. If approved, their South Carolina medical marijuana card will be valid for 1-year. If the patient recovers before the card expires, their prescribing physician can activate early expiration.
While legal with an ID card, patients must be mindful of the state’s unique limitations and prohibitions.
- Prescription marijuana must be purchased from a therapeutic cannabis pharmacy.
- The DHEC restricts advertising for pharmacies and medical cannabis brands. All logos and signage must be discreet, medical in appearance, and approved by the DHEC.
- Smoking cannabis remains illegal for approved patients. Standard criminal penalties apply for growing cannabis, buying raw cannabis, and paraphernalia used to smoke cannabis.
- Violating cannabis laws can result in the patient’s ID card being suspended or revoked; typically, after the second violation.
- Patients can only purchase a maximum of a 14-day supply.
- THC products must look medical in nature, including oils, vaping oils, capsules, gummies, and topical creams.
- The state’s container laws apply. Prescription cannabis must be stored in the trunk, glove compartment, closed console, or luggage compartment. Violating container laws carries up to 30 days in jail and/or a fine of up to $100. ID cards may also be suspended.
- Vaping cannabis and driving while impaired is a misdemeanor under the new law. This includes driving a vehicle or operating a train, boat, or aircraft.
When Will Medical Marijuana Be Available in South Carolina
Legalization is still pending, and the exact date and timeline have yet to be established. However, the DHEC has already begun accepting applications for physician certification and South Carolina medical marijuana cards. It’s expected that qualified patients will be able to access therapeutic cannabis pharmacies at some point in 2024.
If the DHEC fails to implement the Compassionate Care Act within 2 years of the bill being approved, qualifying patients can seek a court order for use.
As soon as medical marijuana cards are available in South Carolina, you can return to southcarolinamarijuanadoctors.com to search for an approved prescribing physician.