George Roland | Denton Criminal Defense Lawyer

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Texas (Somewhat) Compassionate Use: 2019 UPDATE

Back in 2015, the Texas Legislature adopted a “Compassionate Use” law pertaining to “low-THC” cannabis. Low-THC cannabis was defined as cannabis with less than .5% THC (by weight). The law legalized use (non-smoking use, specifically) of low-THC cannabis for patients who had been diagnosed with intractable epilepsy—and had jumped through many other “hoops” (certification by the doctor, registration of the prescription, etc.)

Problematically, there were many other groups of patients who believed they should be permitted to use low-THC cannabis in Texas, including veterans with PTSD, but Texas declined to extend legal use to any other group of patients in 2015.

In 2019, however, the Texas Legislature changed the conditions for which physicians can prescribe low-THC cannabis. Now, persons with the following conditions are eligible, provided the other requirements are met (the other “hoops” have been jumped through, so to speak):

  • epilepsy (note that the “intractable” requirement is removed);
  • multiple sclerosis;
  • spasticity;
  • amyotrophic lateral sclerosis;
  • autism;
  • terminal cancer; or
  • an incurable neurodegenerative disease

Unfortunately, veterans with PTSD—as well as any other type of patient not specifically listed in the statute—are NOT eligible for low-THC cannabis under the 2019 revisions/additions.


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