Texas House Bill HB3826

Texas 2019 - 86th Regular

Caption

Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use in lieu of an opioid by patients with acute or chronic pain and the licensing of medical cannabis dispensing organizations; authorizing fees.

Impact

By establishing Chapter 488 in the Health and Safety Code, HB3826 will significantly alter existing state laws relating to the use of controlled substances. It will create a regulatory mechanism under the Texas Department of Public Safety to oversee medical cannabis usage and the licensing of dispensing organizations. This means that local governments cannot prohibit medical cannabis, solidifying its legality within Texas for qualifying patients. The bill also empowers physicians to recommend medical cannabis as a treatment option, utilizing a medical use registry to monitor prescriptions effectively.

Summary

House Bill 3826 seeks to authorize the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for patients suffering from acute or chronic pain, presenting it as an alternative to opioid prescriptions. The legislation aims to facilitate a structured medical cannabis framework that fosters safer pain management practices, particularly amidst the ongoing opioid crisis. The bill introduces provisions for the licensing and regulation of medical cannabis dispensing organizations, ensuring that such entities comply with state mandates regarding cultivation and distribution.

Contention

Notable points of contention arise from the inclusion of medical cannabis as an alternative to opioids, with some stakeholders expressing concerns over potential misinterpretations or abuses of the newly granted privileges. Additionally, opposition may surface regarding the operational specifics of dispensing organizations and the criteria for licensing. Some lawmakers fear that broad licensing could lead to an increase in unsanctioned operations, while proponents argue it is necessary to combat the opioid epidemic by providing regulated access to medical cannabis.