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Yesterday, the Texas State House of Representatives passed Senate Bill 339 which would legalize cannabis oils that contain cannabidiol (CBD) for patients who suffer from epilepsy and other chronic medical conditions. If the House passes the bill in a follow-up vote, it will be sent to Republican Governor Greg Abbott.
Under Senate Bill 339, the Texas Department of Public Safety would be in charge of the regulation and distribution of the medication. The Department would grant licenses to at least three dispensing organizations by September 1, 2017.
Unfortunately, most patients will not benefit from Senate Bill 339 because it requires doctors to prescribe marijuana to patients. This exposes doctors to federal criminal sanctions because they are engaging in conduct prohibited by federal law. Under the bill, only a neurologist or epileptologist can prescribe CBD oil.
Mixed support from state policymakers
Senate Bill 339 was proposed by Republican State Senator Kevin Eltife and he has seen a mixed reaction from state lawmakers. Republican Representative Stephanie Klick sponsored the bill in the House and she repeatedly told Representatives that the product she is trying to legalize should not be confused with marijuana.
“It is also not something you can get high on. It has a low risk of abuse,” Klick said. “This is not something that can be smoked. It is ingested orally.”
Several Republican lawmakers raised concerns while the bill was being debated on the House floor. At one point, State Republican Representative Mark Keough yelled, “This is a bad bill.”
State Republican Representative John Zerwas co-sponsored the House bill with Klick. Representative Zerwas immediately responded to Keough and said, “It is not a bad bill. It is a great bill and it is going to save lives.”
The bill drew support from State Republican Representative David Simpson who submitted a bill that would decriminalize marijuana in Texas. Representative Simpson urged House members to support SB 339.
“Many people think it’s government doing too little too late but it is a step forward for medical freedom and personal responsibility,” Simpson said.
A growing trend
Texas is one of 16 states where marijuana is illegal for medical and recreational use. Currently, 14 states have legalized cannabis oil containing cannabidiol (CBD), however, most of the state programs are not yet operational due to defects similar to those contained in the Texas bill. Marijuana advocates have said that this has been their most successful Texas legislative session in history.
If the House gives final passage in a follow-up vote, the bill will be sent to Governor Abbott to sign, veto or allow to become law without his signature. If it becomes law, Texas would be able to regulate and distribute CBD oil to patients whose symptoms have not responded to federally approved medication.
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