Texas House rejects Senate changes made to bill which would expand state medical marijuana program. House requests a conference to settle the issue before sending it to governor.
Just days after the legislation from Rep. Cody Harris (R) moved through the Senate—with amendments that watered down the original proposal—Rep. Ken King, a Republican member of the House who spoke on Friday said supporters wanted a conference call to talk about the changes.
The supporters of the bill were not happy with some parts, so he moved to reject them. King, along with four other members were appointed to confer the motion.
In its current form, following the Senate’s approval, this measure will add more dispensaries, expand the list of conditions that qualify for medical marijuana, and allow it to be prescribed by hospice and palliative patients who are in the final stages of their lives.
According to the House version, the current list of diseases would be expanded to include Crohn’s disease or any other type of inflammation bowel disease as well as degenerative disk disease. These conditions were then removed by the Senate State Affairs Committee, before they reached the Senate’s floor.
Bill would give patients access to more cannabis products including patches, lotions or suppositories as well as approved inhalers and nebulizers.
The Senate State Affairs Committee also removed chronic pains from the list. This drew criticism, especially from Rep. Tom Oliverson, who claimed that there had been an agreement with the Lt. Governor. Dan Patrick, the Republican presiding officer for the Senate.
But while Patrick disputed the characterization of their conversation, the lieutenant governor and lawmakers ultimately reached a deal to reinsert the condition into the bill with an amendment that passed on the floor, among others.
A Senate amendment adopted on the floor of Senate would have required any dispensary owners with more than 10% control to provide fingerprints as part of a background investigation.
Charles Perry, sponsor of a Senate version of this legislation, indicated in the past that it was likely that the House bill that had been sent to the Senate would be modified, referring to it as a “work-in-progress.”
While the bill as passed by the House would have allowed military veterans to become registered cannabis patients for any medical condition—and allow the Texas Department of State Health Services (DSHS) to further expand the list of qualifying conditions—those provisions were also removed in the Senate committee.
The bill would, however, mandate that the Department of Public Safety (DPS) issue nine additional dispensary licenses—a decrease compared to the measure as introduced that called for 11 new licenses. If approved, it would allow dispensaries the option to set up satellite stores.
An amendment passed on the House Floor earlier this month grandfathers existing medical marijuana dispensary locations. It also creates a deadline for new business licenses, changes background checks, allows physicians to set dosage and eliminates a limit of 1.2 grams for patients’ possession.
The second amendment, approved by the House of Representatives, would mandate that doctors prescribing medical marijuana report their recommendations to the prescription drug monitoring program in state.
By October 1, 2025, regulators would have to adopt rules for the expanded Program.
If ultimately signed into law, the bill would build upon Texas’s current, limited medical marijuana program, which allows patients with one of eight qualifying condition access certain non-smokable cannabis products containing no more than 0.5 percent by dry weight.
The background to this is a heated debate about another bill that Abbott received in April to prohibit hemp-based products with any level of THC. Federal law allows hemp products to contain up to 0.3% THC dry weight.
Democrats attacked the bill, calling it an attack on individual liberty, and went after Patrick, lieutenant-governor, for the zeal he showed in promoting the ban.
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon subscribers who donate at least $25/month have access to the interactive maps and charts, as well as our hearing calendar.
Discover more about the marijuana bills tracker. Become a patron on Patreon and you will have access.
—
A recent poll found that four in five Texas voters want to see marijuana legalized in some form, and most also want to see regulations around cannabis relaxed.
Meanwhile in Texas, a House committee approved a Senate-passed bill earlier this month that would prohibit cities from putting any citizen initiative on local ballots that would decriminalize marijuana or other controlled substances—as several localities have already done despite lawsuits from the state attorney general.
Under the proposal, state law would be amended to say that local entities “may not place an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce” state drug laws.
While several courts have previously upheld local cannabis decriminalization laws, an appellate court comprised of three conservative justices appointed by the governor has recently pushed back against two of those rulings, siding with the state in its legal challenge to the marijuana policy in Austin and San Marcos.
Despite the ongoing litigation and advancement of the House and Senate bills, Texas activists have their targets set on yet another city, Kyle, where they hope put an initiative before voters to enact local marijuana reform at the ballot this coming November.
Separately this month, House lawmakers also passed a measure to support research on the therapeutic potential of ibogaine with the aim of encouraging federal approval of the psychedelic.
The bill SB 2308 creates a state grant program, administered by the Health and Human Services Commission, to support clinical trials of ibogaine, as a possible treatment for individuals suffering from an opioid use disorder or other mental illness.
Earlier this month, meanwhile, the Texas House also gave final passage to a pair of bills designed to ensure speedy access to psychedelic-assisted therapy in the event of federal approval from Food and Drug Administration (FDA).
Texas City Marijuana Decriminalization Law Slashed Arrests by Nearly half A Million Dollars, Report shows
Mike Latimer provided the photo.
MEDCAN24 could not exist without readers’ support. Consider a Patreon subscription if our marijuana advocacy journalism is what you use to keep informed.
