Is Medical Marijuana a Valid Defense?

According to the National Conference of State Legislatures (NCSL), there are 40 states that have reformed their laws to permit the use of marijuana for a qualifying medical issue. However, South Carolina is one of the 10 states that have not done so. Medical marijuana is not a valid defense against a marijuana arrest in Columbia. Our Columbia drug crimes defense lawyer explains the key things to know about raising a medical marijuana defense in South Carolina.

South Carolina Does Not Allow for the Use of Medical Marijuana

As noted previously, South Carolina is one of a minority of U.S. jurisdictions that does not permit the use of medical marijuana in any circumstances. Indeed, marijuana is still classified as a Schedule I controlled substance under S.C. Code Ann. § 44-53-190(d)(11). That is the category that is reserved for substances the state considers to have a high potential for abuse and no accepted medical use. The classification applies regardless of whether a person uses marijuana to treat pain, anxiety, seizures, or any other medical condition. Because the legislature has not created a statutory exemption for medical use, courts cannot recognize medical marijuana as a defense.

A Medical Marijuana Card From Another State Offers No Protection

You cannot get a medical marijuana card in South Carolina, but you can get one in more than three dozen other U.S. states. However, that offers you no legal protection once you cross the border into South Carolina. Unfortunately, many defendants are surprised to learn that a valid medical marijuana authorization from another state does not carry any legal effect in South Carolina. Unlike states that participate in medical cannabis reciprocity agreements, South Carolina recognizes no such arrangements.

Imagine that you lawfully purchased medical cannabis in Florida, Georgia’s low-THC program, or another U.S. state. It does not matter if you possess it in South Carolina. You can still be charged with simple possession, possession with intent to distribute (PWID), or trafficking. Your medical marijuana card from another state does not matter. Prosecutors do not dismiss charges solely because the defendant produced a medical card or physician certification from another state.

Note: In South Carolina, courts have rejected “good faith” reliance on out-of-state authorization. The law imposes strict liability for possession. If the substance is present and the defendant knows its nature, the elements of the offense are satisfied. Medical cards may, in limited circumstances, be used as mitigating evidence at sentencing, but they do not provide a defense at the guilt stage. In other words, they are not a defense.

Contact Our Columbia, SC, Drug Crimes Defense Lawyer for Immediate Help

At the Law Office of Jonathan M. Harvey, our Columbia drug crimes defense attorney is standing by, ready to protect your rights. If you or your loved one was arrested on a marijuana charge, we can help. Contact us today to set up your completely confidential, no obligation initial case review. With a law office in Columbia, we defend marijuana charges throughout the region.