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Texas Senate passes bill to expand medical marijuana program with new qualifying conditions and dispensary licenses

Texas Senate approved the House’s bill expanding the medical marijuana program in the state. The Senate made amendments to the original legislation, which included adding chronic pain to the list of qualifying conditions for cannabis. This provision had been removed at the last committee meeting.

On Tuesday, Rep. Cody Harris’ (R) measure passed the Senate. The measure was altered, so it must be returned to the House of Representatives before it can potentially reach the Governor’s desk.

This measure will add more dispensaries, expand the list of conditions that qualify for medical marijuana and allow it to be used by patients with chronic pain in hospice or palliative care.

The House had passed a bill that would also have included glaucoma and traumatic brain injuries (TBI), as well as spinal neuropathy, Crohn’s or another inflammatory bowel condition, degenerative disc diseases, etc. The Senate State Affairs Committee removed these conditions.

Bill will give patients access to more cannabis product options, including patches and lotions.

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 (R), presiding Officer of the Senate.

Patrick, however, disputed this description. The lieutenant governor, along with other lawmakers, reached an agreement to reinstate the condition in the bill through a vote on the floor.

When you take an opioid, you are experiencing the most pain possible in your body, correct? Charles Perry (R), a senator from the Senate, said: “The medical board threaded this needle and we’re using that definition.” He made the point on the floor that people who may qualify for medicinal cannabis have likely been prescribed opioids. The definition was not a legal one but a medical, so we tied the two together.

A floor amendment adopted would have required any dispensary with more control than 10 percent of the business, to submit their fingerprints for background checks. summary Texas Cannabis Policy Center

Perry, who sponsored the Senate version, said that he expected the House legislation to be changed, 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 Senate bill would mandate, however, that the Department of Public Safety issue nine new dispensary licences. This is a reduction from the original measure, which called for eleven licenses. The bill would also allow for satellite dispensaries if they are approved.

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.

Second amendment: The House approved a second amendement that would have required doctors to notify the state prescription drug program when they issue recommendations for medical cannabis.

Regulations for expanded programs would need to be promulgated by the regulators before October 1, 2020.

Should the legislation be passed, bill The program would expand on Texas’ current limited medical marijuana policy, which currently allows only eight conditions to qualify for access to certain cannabis-containing products that are not smoked and contain no more than 0.5% by weight.

It comes amid a heated debate about another bill that has been sent to Governor. Greg Abbott (R), this week, proposed to ban hemp-based products that contain any level of THC. Federal law allows hemp products to have up to 0.3% THC dry weight.

Democrats are attacking the bill for being an assault on the right to personal freedom and have targeted Patrick, the lieutenant Governor, over his passion in promoting the ban.


MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures as well as Congress. Patreon supporters By pledging $25/month, you will have access to all of our maps and charts as well as the hearing calendar.


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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).

Nevada bill to ensure that past marijuana convictions do not disqualify people from being foster parents is headed for the governor’s desk

Mike Latimer is the photographer.

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