Defendant is a resident of Florida who crossed the border of Georgia on the way to South Carolina for an extended stay. Soon after entering South Carolina, the defendant was pulled over for speeding. The law enforcement officer smelled a hint of marijuana when the defendant rolled down the window. The defendant consented to a search of the vehicle, leading the officer to find a large amount of marijuana.
At the time of the incident, medical marijuana was legal in the state of Florida. However, it could not be used when operating a motor vehicle. The defendant had a valid medical marijuana card issued by the Florida State Department of Health. There was no evidence. other than the smell, that the defendant consumed marijuana while driving. The defendant denied use while driving. stating that it was for use as prescribed once they reached their destination. They claimed the amount reflected the length of their travel and that the amount was legally dispensed in Florida per their doctor purposefully for their sole use during the trip.
However, medical marijuana was not legal in the state of South Carolina. The type and amount of marijuana the defendant possessed was a violation of state statutes and a criminal offense. Defendant does not deny knowledge of South Carolina law but claims their rights under Florida law should apply. With no proof of use while driving, and due to the large amount, the state claims the defendant planned to distribute (sell) the marijuana to others in South Carolina. The state has charged the defendant with unlawful possession of a counterfeit substance (marijuana) with intent to distribute.

Related laws: South Carolina Code 44-53-370 states in part that it is unlawful for any person to possess with intent to distribute a counterfeit substance.

Under the Controlled Substances Act, federal law classifies marijuana as unsafe to use, even under medical supervision.

Related excerpts from the Constitution: Article IV Section 1 contains the "Full Faith and Credit" clause. It states that every state will recognize and respect the laws and judicial decisions of every other, state.

Section 2 states that citizens in each state "shall be entitled to all Privileges and Immunities" of citizens in other U.S. states.

Related rulings: In South Carolina v. Stewart (2021), the South Carolina Supreme Court heard an appeal regarding a case where the defendant was convicted of knowingly possessing and distributing illegal drugs. Part of the case opinion explains that conviction under this law requires the state to prove two things: 1) that the defendant had physical custody of the drugs, and 2) that the defendant had knowledge of and intent to control the use of the drugs. Note that this case involved a South Carolina resident.