Relating to the medical use of low-THC cannabis by patients with certain medical conditions.
Impact
If enacted, HB 1146 is expected to have a significant impact on state laws concerning the use of cannabis for medical purposes. By expanding the list of conditions eligible for treatment with low-THC cannabis, the legislation seeks to provide relief to more patients who suffer from debilitating medical illnesses. This shift aligns Texas with several other states that have adopted more inclusive cannabis policies, potentially improving healthcare outcomes for patients facing serious health challenges. Furthermore, the bill may alter the regulatory landscape governing cannabis use and prescriptions in Texas in the coming years.
Summary
House Bill 1146, known as the Act relating to the medical use of low-THC cannabis, aims to expand the authorized use of low-THC cannabis for patients suffering from specific medical conditions. The bill updates the definition of low-THC cannabis and establishes the conditions under which licensed physicians can prescribe it to patients. To qualify for a prescription, patients must be permanent residents of Texas and diagnosed with certain qualifying conditions, including epilepsy, multiple sclerosis, cancer, PTSD, and chronic pain among others. The bill specifies that the Department of State Health Services (DSHS) will have authority to designate additional qualifying medical conditions for this treatment.
Contention
However, the bill also raises notable points of contention among lawmakers and constituents. Supporters of HB 1146 argue that it will enhance patient care and allow for alternative treatment pathways, particularly for those who might otherwise rely on more dangerous opioid medications. Conversely, opponents express concerns regarding potential misuse and the implications of broader access to cannabis products. They worry about the adequacy of medical oversight and safeguarding against recreational use disguised as medical use. The ongoing debate reflects larger societal discussions about cannabis regulation, public health, and the evolving nature of drug policy.
Texas Constitutional Statutes Affected
Occupations Code
Chapter 169. Authority To Prescribe Low-thc Cannabis To Certain Patients For Compassionate Use
Relating to authorizing the possession, use, cultivation, distribution, delivery, sale, and research of medical cannabis for medical use by patients with certain medical conditions and the licensing of medical cannabis organizations; authorizing fees.
Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions and the licensing of dispensing organizations and cannabis testing facilities; authorizing fees.
Relating to the prescribing of medical cannabis for medical use to certain veterans with combat-related injuries or medical conditions and the licensing of dispensing organizations under the Texas Compassionate Use Program.
Relating to the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for use by patients as the best available medical treatment, the licensing of medical cannabis dispensing organizations, and the registration of certain individuals; authorizing fees.
Relating to drug testing and prescription drug policies and certain legal protections for employees and independent contractors of state agencies and political subdivisions and for other persons regarding the medical use of low-THC cannabis and hemp.