Texas Bills To Expand Medical Marijuana Program And Require Psychedelics Study Head To Governor’s Desk

In the final days of the Texas legislature, lawmakers sent bills to the governor’s desk that would expand the state’s medical marijuana program and require a study of the therapeutic potential of certain psychedelics for military veterans.

Meanwhile, legislation to reduce penalties for possession of cannabis concentrates and update the state’s hemp program, which had been making progress, couldn’t cross the finish line on the weekend within key deadlines.

This rounds out a exceptionally busy legislature for drug policy reform in the Lone Star State. While advocates are encouraged that lawmakers are pushing action on medical marijuana and psychedelics, they remain disappointed that they couldn’t pass broader cannabis laws – including a decriminalization proposal that cleared the house but saw no action in the Senate.

“This session was an epic whirlwind with a lot of adversity. While we made some legislative improvements at this meeting, we’re especially proud of our team, ”Jax Finkel, Texas NORML Executive Director, told Marijuana Moment. “We were repeatedly told no, that our bills were dead or that they would no longer give us. Texas pushed back! “

Regarding the victories, the bills now going to Governor Greg Abbott’s (R) desk would do the following:

HB 1535:: The measure would add cancer and post-traumatic stress disorder to the list of conditions that qualify patients for medicinal cannabis. As passed in the House of Representatives, it would also have included chronic pain as a qualifying condition, but that was removed by the Senate and not re-added in a conference committee.

In addition, legislation has doubled the THC limit for marijuana products, increasing it from 0.5 percent to one percent. Originally, the House-approved version raised the limit to five percent, but that has been watered down in the Senate.

HB 1802:: According to this calculation, the state would be obliged to do so Study the medical risks and benefits of psilocybin, MDMA, and ketamine for military veterans in partnership with Baylor College of Medicine and a military-focused medical center. As amended by a House Committee, it would mandate a more comprehensive review of the scientific literature on all three substances, as well as a psilocybin clinical trial for veterans with PTSD.

The Senate passed a balanced budget change to the bill that made it clear that the psychedelic studies could only be done if the funds were made available for the funds – a situation already declared by a conditional driver for the funds. The House accepted this change before sending it to the governor.

“Psychedelic medicine has the potential to completely change society’s approach to mental illness, and research is the first step in realizing that transformation,” said Rep. Alex Dominguez, D, sponsor of the bill. said in a press release. “It is said that ‘as Texas goes, so does the nation.’ As states across the country ponder how best to address the mental health crisis our country is facing, I hope they turn to Texas again for leadership. ”

But lawyers didn’t get everything they wanted.

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A bill to lower the penalties for cannabis concentrates was passed in various forms by both chambers and then removed from the conference committee. An amendment added in the Senate that would affect Delta-8-THC proved untenable to the House sponsor, who insisted on going to the conference instead of accepting the other panel’s changes.

The House approved the resulting report, which removed the controversial language that would have resulted in hemp products having to be tested for all forms of tetrahydrocannabinol in order to calculate effectiveness. However, the Senate couldn’t even vote on the final legislation by the Sunday deadline, which killed the proposal.

The overall push of the bill would have made possession of up to two ounces of concentrates a Class B misdemeanor that still carries the risk of jail time, but represents a significant reduction in current criminal status.

Another invoice Rules imposing on the transportation and testing of hemp consumables died at the conference, with the negotiators being unable to come up with a report by the deadline. Again, the problem was a Senate amendment that would have banned products containing more than trace amounts of Delta-8-THC.

The impact of the change would be similar to the change added to the separate draft law on cannabis concentrates.

While proponents are pleased that the language is not enacted, the legality of the connection under applicable law remains in question. The State Department of State Health Services issued one memo Late last year, which some interpreted as Delta-8-THC, is currently banned despite its prevalence in the market.

Proponents continue to be frustrated that lawmakers have not passed comprehensive decriminalization measure up that cleared the house. A Senate committee was never assigned and was not progressing in a timely manner. It would have made possession of up to an ounce of cannabis a Class C offense with no risk of jail time.

Separate legislation To make it clear that a positive marijuana test alone is not enough to remove a child from their home, this month was enacted without the governor’s signature and comes into effect on September 1, 2021.

“Thanks to relentless advocates, it was a highly competitive meeting. Unfortunately, we have been detailed by oppressive governance and partisan crossfire, ”Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “Even a watered down medical bill had to be dragged across the finish line. We will continue the fight, expand our movement, and work towards an end to the Texas marijuana ban. “

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Photo courtesy Mike Latimer.