Texas House Bill HB1491

Texas 2011 - 82nd Regular

• Introduced: 2/17/11
• Refer: 3/2/11

Caption

Relating to the medical use of marihuana.

Impact

The implications of HB 1491 are significant for state laws surrounding the medical use of marihuana in Texas. By providing a legal framework that supports the recommendation of marihuana by physicians, the bill is intended to ensure that patients have access to marihuana as a treatment option without fear of prosecution. Additionally, it aims to alleviate concerns among healthcare providers about potential repercussions for discussing marihuana, which could encourage more open conversations about its benefits and risks in medical settings.

Summary

House Bill 1491 introduces amendments to the Texas Health and Safety Code, particularly regarding the medical use of marihuana. The bill establishes an affirmative defense for individuals possessing marihuana if it is for medical purposes as recommended by a licensed physician. Furthermore, it prohibits any state or local agency from conducting investigations into physicians based solely on their discussion of marihuana as a viable treatment option for patients, thereby protecting medical practitioners who engage positively with patients regarding medical marihuana use.

Sentiment

The general sentiment toward HB 1491 appears to be cautiously optimistic among proponents who advocate for medical marihuana use. Supporters argue that the bill addresses important issues related to patient care and physician autonomy, enabling better healthcare outcomes for individuals suffering from qualifying medical conditions. There are, however, opponents who may be concerned about the potential for misuse or the implications of expanding marihuana access, reflecting a divided perspective based on medical, ethical, and legal considerations.

Contention

Notable points of contention arise from the balance of medical freedom and regulatory concerns. Critics emphasize the need for stringent oversight and worry that liberalizing access to marihuana could lead to negative societal outcomes, including increased use among non-medical patients. The debate centers not only on medical efficacy but also on broader issues related to drug policy, public health, and the roles of state versus local governance in healthcare decision-making.