Is Medical Marijuana Legal in Texas? Yes, but not enough to get high
On June 1, 2015, Texas Governor Greg Abbott signed a bill (SB 339) into law that permits the use of medical marijuana (extracted cannabis-based oils only) for individuals diagnosed with intractable epilepsy. This law is known as the Texas Compassionate Use Act. BUT, the chances of anyone in Texas actually getting their hands on these oils are slim to none.
Don’t pull out your Bob Marley CDs just yet, this law is not as good as it sounds…
Here’s the problem: The language of the medical marijuana bill requires that a doctor must prescribe it to you. However, doctors are not permitted to prescribe a Schedule I substance without a DEA license, and marijuana is a Schedule I substance.
Here’s how it works:
A patient may only receive approved cannabis oils if their physician has previously provided two or more different FDA approved treatments that did not lessen the seizures. Second, the physician must be certified by the American Board of Psychiatry and Neurology in epilepsy or neurology. Third, the patient must be a permanent resident of Texas and diagnosed with intractable epilepsy. Finally, it must be shown that no other FDA-approved treatments may be available.
Missed the mark
The bill does not cover treatment for those suffering from debilitating conditions such as PTSD, cancer, and multiple sclerosis. This bill also fails to legalize marijuana with Tetrahydrocannabinol (THC) levels high enough for seizure patients to truly benefit from, so again, not much help.
Close, but no cigar
So, while we applaud the Texas legislature for recognizing marijuana as medicine, it appears that this bill falls short of truly legalizing medical marijuana to an acceptable level to be of any real help to the general public. But hey, it’s a start. Meanwhile, if you personally use marijuana for medicinal or recreational purposes do not get caught in Texas. If you do get caught, get a lawyer for your marijuana possession charge immediately. Shameless plug, I know.
