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Texas: Governor To Sign Limited Medical Marijuana Bill Into Law

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SB 339 is intended to allow access to low-THC marijuana extracts for qualifying seizure patients; advocates hope to fix the flawed measure in next legislative session

Texas Gov. Greg Abbott is scheduled to sign a bill into law Monday that recognizes the medical benefits of marijuana. SB 339, sponsored by Sen. Kevin Eltife (R-Tyler), is intended to allow patients with intractable seizure conditions to access marijuana extracts containing high levels of cannabidiol (CBD) and only trace levels of THC.

SB 339 requires doctors to “prescribe” low-THC marijuana extracts to patients, which exposes doctors to federal criminal sanctions. By contrast, doctors “recommend” medical marijuana or “certify” or "authorize" patients to use medical marijuana in the 23 states with comprehensive medical marijuana laws and the District of Columbia.

Unlike “prescriptions,” recommendations, certifications and authorizations are federally legal and protected under the First Amendment.

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.

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