Texas Medical Marijuana 2007 Bill Filed

District 49 (which includes parts of Austin, Texas) State Representative Elliot Naishtat filed a bill yesterday “relating to the use of medical marijuana”. The bill would add an affirmative defense to possession of marijuana charges: proof of a licensed doctor’s prescription:

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) for the possession of marihuana 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.

Further, it gives civil and criminal protections to doctors who discuss the potential benefits of marijuana with patients:

(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.

Finally it adds similar protections for medical doctors in the Occupations Code.

It will be interesting to see how far along this bill gets…

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Comments (9) Read through and enter the discussion with the form at the end
Reverend Lilli - July 27, 2007 11:41 PM

"How absurd is a law that seeks to classify a plant as a crime as if there is something feloniasly wrong with nature"
Justice Jim Staples

benny lopez - February 27, 2008 12:14 PM

you should legalize marijuana in texas

rose hurley - May 5, 2008 2:58 PM

I think this is excellent! Many people benefit from the use of marijuana for medical purposes. Thank you State Representative Elliot Naishtat.

rose hurley - May 5, 2008 2:59 PM

I think this is excellent! Many people benefit from the use of marijuana for medical purposes. Thank you State Representative Elliot Naishtat.

Greg Jones - February 3, 2009 1:43 PM

It was really late in the year to introduce that one. Good thing he's reintroduced it for 2009. It isn't in committee yet. We should be gearing up to let the public know this bill exists. It is the lack of that knowledge which keeps us, the general public, from supporting it. How can we support a bill we don't know exists?

Debt Free - October 26, 2010 5:14 AM

Can someone please advise who to speak to? I have over 30,000 in medical bills and two kids to support on a salary of 44000... help please

Credit Debt - October 26, 2010 5:29 AM

My husband and I acquired 20,000 in medical bills for two surgeries, while we had insurance. How are we supposed to pay this if we're living paycheck-to-paycheck?

Debt Relief - October 26, 2010 5:43 AM

My husband and I acquired 20,000 in medical bills for two surgeries, while we had insurance. How are we supposed to pay this if we're living paycheck-to-paycheck?

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