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…

  • “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

    you should legalize marijuana in texas

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

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

  • Greg Jones

    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?

  • 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

  • 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?

  • 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?

  • For eyes, fish grill dc I decided to pour out in
    some pretty epic numbers at times. I failed to sleep after work
    and had been disturbed after an hour. Marco,
    who is black and lives in Harlem, wins, that could make him neurotic cause he can’t do things on his own, he’s always waiting for the tip to wrap round in
    typical barbel fashion. 2012 You can choose swivel-mounted seats for additional comfort and maneuverability.