Medical Marijuana Bill Introduced In Texas

This is interesting, especially for a backward thinking state like Texas. A medical marijuana bill has been introduced in the Texas House for consideration in the upcoming legislative session. Rep. Elliott Naishtat (D-Austin) has filed HB 164 which would legalize the use of marijuana by a medical patient with a doctor's prescription. It would also protect the doctor that wrote that prescription.

Sadly, I doubt if there's much chance of the bill being enacted into law, since our state government is mostly controlled by Republicans. If the bill did actually make it to Governor Perry's desk, I'm sure he would veto it. After all, his base is made up of fundies and right-wing whackos and he has little or no political courage.

But still, it's nice to see someone in state government has some common sense. Thank you Rep. Naishtat! The text of the bill is reprinted below:


A BILL TO BE ENTITLED

AN ACT
relating to the medical use of marihuana.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.121, Health and Safety Code, is amended by adding Subsections (c) and (d) to read as follows: (c) It is an affirmative defense to prosecution under Subsection (a) that the person possessed the marihuana as a patient of a physician licensed to practice medicine in this state pursuant to the recommendation of that physician for the amelioration of the symptoms or effects of a bona fide medical condition. (d) An agency, including a law enforcement agency, of this state or a political subdivision of this state may not initiate an administrative, civil, or criminal investigation into a physician licensed to practice medicine in this state on the ground that the physician discussed marihuana as a treatment option with a patient of the physician or made a written or oral statement that, in the physician's opinion, the potential benefits of marihuana would likely outweigh the health risks for a particular patient.

SECTION 2. Subchapter B, Chapter 164, Occupations Code, is amended by adding Section 164.0525 to read as follows: Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may
not be denied any right or privilege or be subject to any disciplinary action solely for making a written or oral statement that, in the physician's professional opinion, the potential
benefits of marihuana would likely outweigh the health risks for a particular patient.

SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 4. This Act takes effect September 1, 2009.