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H 3153

Tests for marijuana

2025-2026 Regular Session Introduced by Todd Rutherford

South Carolina H3153 bars marijuana testing in probation urinalysis or blood tests, while preserving other drug testing and reporting duties.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3153

Summary — H 3153: "Tests for marijuana"

Note on source material
- The provided materials include two different draft texts under the same docket number: (A) a South Carolina bill amending probation conditions to prohibit marijuana testing in urinalyses and blood tests, and (B) a Massachusetts House bill (House No. 3153 / “An Act relative to the state tax return filings for annuities”) amending Chapter 62C language on fiduciary tax returns. Below is a primary summary of the marijuana-testing measure (the title provided), followed by a brief note on the Massachusetts annuities text.

Main purpose

  • To amend the probation conditions code so that urinalysis or blood tests administered to people on probation may not include tests for the presence of marijuana (THC).

Key provisions (South Carolina text)

  • Amends S.C. Code §24-21-430 (conditions of probation).
  • Retains the court’s authority to impose and modify probation conditions, including reasonable-suspicion, warrantless searches of a probationer’s person, vehicle, and possessions.
  • Requires reporting of warrantless searches by the officer’s agency to the Department of Probation, Parole and Pardon Services (including name, address, age, gender, race/ethnicity); monthly submission and review for abuse; findings of abuse referred to State Law Enforcement Division; officer discipline for failure to report.
  • Adds or clarifies standard probation obligations (work, fines, house arrest, curfew, surveillance, etc.).
  • Specific change in testing clause (subsection (8)): probationers must submit to urinalysis or blood tests on request, but “a test for the presence of marijuana may not be performed during a urinalysis or blood test.”
  • Effective date: upon approval by the Governor.

Who would be affected

  • Probationers in the jurisdiction (South Carolina) — they remain subject to drug testing generally but cannot be tested for marijuana presence via urine or blood.
  • Departments and agents of probation, parole, and pardon services — must adjust testing policies, oversight, and reporting.
  • Law enforcement and court systems — may see changes in how probation violations tied to marijuana use are detected or prosecuted.
  • Medical/laboratory service providers that perform probation drug testing — would need to modify testing panels and reporting.
  • Defense counsel, prosecutors, and judges — may need to reassess charging, supervision, and revocation practices where marijuana use was a factor.

Potential impacts and implications

  • Operational: probation agencies must revise testing protocols and contracts with labs, retrain staff, and update monitoring practices.
  • Supervision outcomes: fewer probation revocations (or violations) based solely on marijuana metabolites; could increase reliance on behavioral evidence or alternative measures (e.g., impairment assessments).
  • Public-safety and treatment: could shift emphasis toward treatment and supervision conditions rather than punitive responses for marijuana detection.
  • Legal/administrative: raises questions about distinguishing lawful use (medical/legalized jurisdictions) from conduct-based supervision standards; the bill does not prohibit other forms of drug testing.

Procedural / timeline information (as provided)

  • Prefiled: 12/05/2024
  • Filed and introduced: (documents show multiple entries; the South Carolina bill text shows filing date 12/05/2024)
  • Hearings scheduled and rescheduled for 11/18/2025 (multiple scheduling updates listed)
  • Effective upon Governor’s approval (if enacted)

Brief note — Massachusetts House No. 3153 (conflicting text)
- An unrelated draft titled “An Act relative to the state tax return filings for annuities” (House No. 3153, presented by Representative Hannah Kane) would amend Section 6(b) of Chapter 62C (fiduciary tax-return filing requirements) to clarify when executors, administrators, trustees, guardians, etc., must file state tax returns for income exceeding $200 and deadlines for returns when appointed after January 1st or before final distributions. This text appears unrelated to the marijuana-testing measure.

If you want, I can:
- Produce a redlined summary comparing current law vs. proposed language for §24-21-430; or
- Prepare a short memo on likely implementation steps for probation agencies and labs.

Compiled from official sources — confirm details with the bill’s official record.

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