Texas Medical Marijuana Program

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House Bill 1535 includes additions to Chapter 487 with a new subchapter F proposed on the Health and Safety Code. This would expand Texas’ medical cannabis program to include those with:

  • chronic pain
  • all cancer patients
  • those who suffer from post-traumatic stress disorder

This new addition would also authorize the Department of State Health Services to add additional qualifying conditions through administrative rulemaking. 

This house bill has the support of many veterans, and after stalling for two weeks before reaching the senate, many veterans feel that although supported by Texas in many other laws, when it comes to tools that can aid in their pain and Trauma, Texas falls short of other states. 

What is Medical Marijuana?

Medical marijuana is defined as “low-THC cannabis”, meaning the plant Cannabis sativa L., which is containing not more than five percent by weight of tetrahydrocannabinols. 

The bill would allow for medical cannabis sold in Texas to contain up to five percent tetrahydrocannabinol, a psychoactive ingredient. Currently, the law caps the amount of THC in medical marijuana at 0.5 percent.


CBD stands for cannabidiol and is derived from the hemp plant, which is a cousin of the marijuana plant. While it is a component of marijuana, by itself it does not cause a “high”, and in humans, CBD exhibits no effects indicative of any abuse of dependence potential. CBD is readily available and legal is status within all 50 states, although certain states have varying degrees of restriction. It is still considered in the same class as marijuana by the deferral government. 

CBD Health Benefits

CBD has been known and used for a wide variety of health issues, but the strongest is for its effectiveness in treating epilepsy syndromes, such as Dravet syndrome and Lennox-Gastraut syndrome, also known as LGS.

CBD has been shown to reduce the number of seizures or stop them altogether. 

It is often used for pain relief. 

Side Effects of Using CBD

Currently, the FDA doesn’t regulate the safety and purity of dietary supplements, and CBD is primarily marketed and sold as a supplement, not a medication. 

Side effects include:

  • nausea
  • fatigue
  • irritability
  • increase the level in one’s blood of the blood thinner coumadin
  • raise levels of other medication in your body

Who can Prescribe Medical Marijuana?

A physician is qualified to prescribe low-THC cannabis for the treatment of a patient with a medical condition approved by the Health and Human Services Commission in an approved research program. 

A licensed or certified institutional review board member of the Health and Safety Code that oversees patient treatment. 

Qualification for Medical Marijuana

  • One must first be a permanent resident of the state of Texas
  • The patient has to be diagnosed with
    • Epilepsy
    • Seizure disorder
    • Multiple sclerosis, also known as MS
    • Spasticity – a condition in which muscles stiffen or tighten, preventing normal fluid movement. 
    • Amyotrophic lateral sclerosis, often called Lou Gehrig’s disease
    • Autism
    • Cancer – currently only those in the terminal stage.
    • An incurable neurodegenerative disease – examples of this include Parkinson’s, Alzheimer’s, and Huntington’s disease. 

Additional Qualification with House Bill 153 would include:

  • Cancer – all patients at any stage
  • One with a condition that causes chronic pain, for which a physician would otherwise prescribe an opioid
  • Post-traumatic stress disorder
  • Any medical Condition approved for a research program within the Health and Safety Code
  • A Debilitating medical condition designated by the Department of State Health Services
  • A patient reasonable considering the potential benefit for the patient

As of January 2021, there were only roughly about 3,500 medical marijuana patients in Texas, even though roughly 2 million people are currently eligible. If you happen to be facing trouble with the law and think that you were improperly arrested for marijuana possession, then it may be useful to discuss these matters with a possession of marijuana lawyer such as Brandy Austin Law Firm, PLLC in your area.