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 conditio