Texas House Bill HB122

Texas 2019 - 86th Regular

Caption

Relating to the medical use of marihuana; providing an affirmative defense to prosecution for possession of marihuana.

Impact

The bill aims to shift the legal landscape concerning the use of marihuana for medical reasons by not only providing a legal defense for patients and caregivers but also protecting physicians from penalties when discussing marihuana as a treatment option. This legislative change could potentially increase physician willingness to consider and recommend marihuana therapy, thus expanding treatment options for patients dealing with various health issues. As the bill alters existing provisions in both the Health and Safety Code and the Occupations Code, it may enhance patient access to this form of treatment.

Summary

House Bill 122 addresses the medical use of marihuana in the state of Texas, proposing an affirmative defense for individuals charged with possession of marihuana under specific conditions. The bill outlines that a person can defend themselves against prosecution if they possess marihuana for medicinal purposes, as recommended by a licensed physician. Furthermore, it provides similar protections to primary caregivers who assist patients with the consumption of marihuana to alleviate the symptoms of their medical conditions.

Contention

Despite the potential benefits of HB 122, there are expected points of contention among lawmakers and various stakeholders. Advocates for increased medical marihuana access may argue for broader definitions and protections, while opponents could raise concerns about the implications for public health and safety, potential misuse, and the need for robust regulatory oversight. Additionally, the bill’s impact on law enforcement procedures and physicians' professional conduct and responsibilities will likely be key discussion points during the legislative process.