Bill Caption

Relating to the medical use of low-THC cannabis by patients with certain medical conditions and the establishment of compassionate-use institutional review boards to evaluate and approve proposed research programs to study the medical use of low-THC cannabis in the treatment of certain patients. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

HB 1535 would allow a physician that is qualified and certified to prescribe low-THC cannabis to treat a patient with a medical condition through the compassionate-use research program. This program is designed and expanded to treat patients diagnosed with epilepsy, a seizure disorder, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, cancer, post-traumatic stress for veterans, a medical condition approved by the research program, or a debilitating medical condition designated by the Department of State Health Services. 

HB 1535 would expand one or more institutional review boards to evaluate and approve research programs to study the medical use of low-THC cannabis and oversee patient treatment undertaken as part of an approved research program, including the certification of treating physicians. Such a review board would have to be affiliated with a dispensing organization and be affiliated with a medical school, a licensed hospital, be accredited by the association for the accreditation of human research protection programs, a national accreditation organization, or be registered by the United States Department of Health and Human Services. A report of these findings would be submitted to Health and Human Services Commission and the legislature. 

Vote Recommendation Notes

HB 1535 establishes and expands the use of low-THC medical marijuana for the treatment of certain diseases and ailments. Medical marijuana has been proven to be one of the most useful tools for preventing opioid addiction and abuse, effectively treating other medical issues, and solving problems that plague many Americans today. It is clear the government's restrictions on such use is not only wrong but is damaging to individuals who otherwise might be able to find relief to the diseases that plague their daily life. Therefore, HB 1535 benefits the principles of individual liberty, limited government, personal responsibility, and the free market. 

That said, HB 1535 is not perfect. It expands governmental studies by review boards on this program which is of questionable value. Medical marijuana has been legal in California and used since 1994; the study of such programs has been conducted there and in many other states by private institutions and states alike, there is no need for such a study in Texas. A certification program is likewise not necessary. Physicians are well aware of the dangers and uses of marijuana. No other substance is treated in this way - even opioids do not require such a certification. 

Texas Action supports HB 1535 but recommends it be adjusted to legalize low-THC medical marijuana without adding unnecessary regulations and restrictions upon the industry and patients who can use this treatment.