Texas House Approves Flawed Medical Marijuana Bill
(WeedBlog) The Texas State House approved a bill 96-34 on Monday intended to allow qualifying patients with intractable seizure conditions to access a marijuana extract containing high levels of cannabidiol, or CBD, and only trace levels of THC. SB 339, sponsored by Sen. Kevin Eltife (R-Tyler), is extremely unlikely to provide patients with relief because it requires doctors to engage in conduct that is prohibited by federal law. SB 339 previously passed the Senate on May 7. It now heads to Gov. Greg Abbott.
“On a certain level, the legislature should be commended for acknowledging the medical value of marijuana, and it is an historic vote in that sense,” said Heather Fazio, Texas political director for the Marijuana Policy Project. “Lawmakers missed several opportunities to amend the bill in ways that could have provided real relief to countless Texans. Not a single patient will be helped by this legislation.”
SB 339 requires doctors to “prescribe” marijuana to patients, which exposes doctors to federal criminal sanctions. By contrast, doctors “recommend” medical marijuana or “certify” patients to use medical marijuana in the 23 states with comprehensive medical marijuana laws and the District of Columbia. Unlike “prescriptions,” recommendations and certifications are federally legal and protected under the First Amendment.
“Nearly half of the states in the country have effectively implemented medical marijuana programs, and I have no doubt Texas could adopt an even better one,” Fazio said. “We need a law that ensures seriously ill patients who could benefit from medical marijuana are able to access it. There is no reason to put it off any longer.”
The bill also only allows for extracts with very little THC, and some seizure patients say a greater ratio of THC to CBD is necessary for it to be effective in reducing the frequency and severity of seizures. The bill also fails to allow access to any medical marijuana products for people suffering from other debilitating conditions, such as PTSD, cancer, and multiple sclerosis, for which medical marijuana has been found to have significant medical benefits.
