Mary Louise is a six-year-old epileptic child in Charleston. Sometimes she has more than 100 seizures in an hour, says her mother Jill Swing. And while they arenโ€™t life threatening, Mary Louise has busted a lip and knocked out her teeth because of seizure-induced falls. Doctors have put her on different medications since she was a baby, but the seizures won’t go away. However, her doctors believe there is one drug that might work, but itโ€™s illegal in South Carolina: cannabidiol (CBD), a non-psychoactive chemical in cannabis.

The Swings are now thinking of moving to Colorado so their daughter can get the medicine she needs. But they’ve put that thought on hold thanks to a new bill filed today by Sen. Tom Davis (R-Beaufort).

When Davis heard the Swingsโ€™ story, he began researching South Carolinaโ€™s pot policies. He discovered that lawmakersย passed a medical marijuana law in 1980ย called โ€œThe Controlled Substances Therapeutic Research Act,โ€ which allows the director of the stateโ€™s health agency toย obtain and distribute marijuana to treat certain medical ailments. But no program based on that law is currently up and running. Thatโ€™s because there is a caveat in its language that says the director can only obtain marijuana through means that are consistent with federal law, and the feds classify pot as a Schedule 1 controlled substance. So the law has essentially remained dormant.

Today, Davis filed a bill that would revise the law to authorize the state Department of Health and Environmental Control to engage in clinical studies regarding certain medical therapeutic uses of marijuana.

โ€œI realize that federal law still classifies cannabis as a Schedule 1 controlled substance,โ€ Davis says. โ€œBut as the FDA itself has acknowledged, it makes no sense to ban CBD oil, a non-psychoactive chemical derived from cannabis. You canโ€™t get high on it and it has no street value, and it makes zero sense to legally prohibit doctors from prescribing something that would relieve their patientsโ€™ suffering.โ€

Swing says sheโ€™s talked to her daughterโ€™s doctors about whether medical marijuana in the form of cannabidiol oil might help.

โ€œThey are very on board with it,โ€ she says.ย 


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