COLUMBIA, S.C. (WSPA) – A bill to legalize medical marijuana in South Carolina is dead following a House ruling Wednesday afternoon.

Speaker Pro Tem Tommy Pope ruled that since the bill creates a new tax and originated in the Senate it is unconstitutional.

S.150, also known as the Compassionate Care Act, would have allowed doctors to treat patients with medical marijuana.

Legislators said the bill should have originated in the House instead of the Senate.

Representative Todd Rutherford appealed the ruling but the House dismissed the appeal by a vote of 59-55.