Bill is intended to allow access to low-THC marijuana extracts for qualifying seizure patients; House fails to pass amendment to fix major problem
The Texas State House on Monday approved a bill 96-34 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 (MPP). “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.