House Representative Proposes Changes to Drug Laws to Legalize Medical Marijuana

House Minority Leader Todd Rutherford says it’s time for South Carolina to legalize medical marijuana, like many other states are doing.

As part of his move, Rutherford cited a piece of legislation that dates back to 1980, which gives drug-legalizing powers to South Carolina’s Department of Health and Environmental Control, as long as the legislation is in line with federal law.

Rutherford’s proposed change would allow DHEC to create a program for farmers to grow marijuana for medical use, and for physicians to prescribe it for pain management in their patients.

Medical marijuana has gained in popularity throughout the country over the last several years. Clinical studies suggest that medical use of marijuana can help greatly with pain management for terminal illnesses like metastatic cancers, and can also help increase appetite, reduce nausea, vomiting, and insomnia. Some studies suggest that the drug can also help ease conditions like asthma, neurogenic pain and movement disorders, and glaucoma.

Regarding the relative safety of cannabis, former US DEA chief administrative law judge Judge Francis Young said:

“There is no record in the extensive medical literature describing a proven, documented cannabis-induced fatality….Despite [a] long history of use and the extraordinarily high numbers of social smokers, there are simply no credible medical reports to suggest that consuming marijuana has caused a single death. In practical terms, marijuana cannot induce a lethal response as a result of drug-related toxicity….Marijuana’s therapeutic ratio is impossible to quantify because it is so high….Marijuana, in its natural form, is one of the safest therapeutically active substances known to man.”
The problem with Rutherford’s suggested amendment, however, is that marijuana use, even for medicinal purposes, is not legal at all on the federal level. States like Oregon, Colorado, and Washington, which recently passed legislation declaring marijuana legal, face potential federal court battles in the future.

Rutherford contends that, because the Obama administration said that it would not actively prosecute people who use marijuana, that is tantamount to declaring marijuana use legal on the federal level.

His move was shot down during a recent legislative session. However, he says he will not give up on medical marijuana legislation for South Carolina.

“I’m a person that hates smoking,” Rutherford said. “I led the charge to ban smoking in restaurants and bars, but marijuana comes in many forms. It can be placed in food, it can be inhaled in vapors and so it’s not just something that you have to get through smoking. But its time for legalization has come and gone. South Carolina just needs to get on board.”

Marijuana Distribution, Including Medical Marijuana, Is Still a Crime in South Carolina

Marijuana distribution, including medical marijuana, is a serious offense and can carry stiff penalties depending upon how much marijuana was seized by law enforcement and whether it was your first offense or a subsequent offense. If you have been charged with marijuana distribution or any other drug related offense, it is important that you contact a South Carolina drug crimes attorney.

Marijuana Distribution Penalties:

• If you are found guilty of distribution more than one ounce and less than ten pounds of marijuana, you may be subject to a $5,000 fine and imprisonment of up to five years.
• If you are found guilty of distributing no less than pounds and no more than 2,000 pounds, it is considered a marijuana trafficking offense and punishable with a one year mandatory sentence and fine of up to $10,000.
• If you are found guilty of distributing/trafficking 2,000 to 10,000 lbs of marijuana you may be subject to a 25 year minimum prison sentence and a fine of up to $50,000.
• If you are found guilty of distributing/trafficking over 10,000 lbs of marijuana you may be subject to a 30 year prison sentence and fines up to $200,000.

If You Face Marijuana Charges, Including for Medical Marijuana Use, The Strom Law Firm Can Help

If you or a loved one have been found with medical marijuana, you could face criminal charges ranging from misdemeanor to felony, depending on how much marijuana was on your person, and what your intent was with the drug. The drug crimes attorneys at the Strom Law Firm can help. Do not let drug charges for medical marijuana hurt your reputation or your future aspirations. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help. 803.252.4800