Off the Kuff Rotating Header Image

Compassionate Use Registry of Texas

No cannabis for you

Good luck getting your hands on medical marijuana in Texas.

It’s been about a year since the first legally grown marijuana plants were harvested in Texas for their medicinal oils. But since then, fewer than 600 patients have seen any benefit out of the estimated 150,000 who suffer uncontrollable epileptic seizures that the medicine is meant to help.

Roughly 45 doctors, mostly concentrated in urban areas, have signed up to prescribe the cannabidiol. Just three companies in Central Texas have been licensed to distribute the drug. One doesn’t seem to have opened its doors, and another reports losing money with such a small client base.

“The way to assure the Compassionate Use Program has a future is by expanding access to more patients,” said Morris Denton, CEO of Compassionate Cultivation in the Austin area. “The worst thing that can happen is nothing gets done, because then we set the program back.”

Texas’ therapeutic marijuana program is among the strictest in the nation, giving only patients with intractable epilepsy access to cannabidiol that’s low in THC, the element that gives pot users a high.

[…]

The Texas Compassionate Use Act became law in 2015, but the rollout has been slow and rocky.

Despite getting more than 40 applications, the Texas Department of Public Safety licensed just three companies last year to distribute cannabidiol, the minimum number allowed by the law.

Patients need sign-off from two doctors to use the marijuana-derived oil. But so far, fewer than 50 certified epileptologists and neurologists have registered to participate. None is in the Rio Grande Valley or West Texas, records show, meaning patients there must travel far to see a qualified physician.

Some doctors are reluctant to enroll because Texas law requires they prescribe the drug instead of recommending it, a phrase other states use to sidestep federal marijuana prohibitions, advocates said. So far, 574 patients have been issued prescriptions, according to the Texas Department of Public Safety, which oversees the program.

See here for some background, and here for a map of where the registered doctors are. If you live west of San Antonio, it’s Amarillo or nothing. There will be bills introduced to expand medical marijuana in Texas – Sen. Jose Menendez has already filed one such bill – and they may have a chance to get through. Greg Abbott has softened his stance, both party platforms are calling for marijuana reform, there’s popular support, and so forth. It’s just that it’s not easy to get any bill passed, and if a given bill isn’t a priority then it will be in line behind those that are. I don’t think there’s much in the way of opposition to expanding medical marijuana, and maybe to some other reforms, but I don’t think it’s a priority, either.

Medical marijuana is now available in Texas

To a very limited number of people, and only under a very strict set of circumstances.

Modern medicine has helped Laura Campbell’s 27-year-old daughter, Sierra, fight off many of her persistent seizures. At her peak, Sierra suffered from more than three seizures a day. Now, she’s down to one or two per month.

But the gains come with their own frustrations.

“She takes five pills twice a day, plus more if she needs an emergency supplement in case of a seizure. It damages her brain every time she has [a seizure]. Her IQ has gone down and her neurological functions are suffering,” Campbell said, trailing off between tears. “With every seizure she has, it just gets worse for her.”

Now Campbell, an Austin resident, is hoping she can wean her daughter off the “harsh” meds and turn to cannabis oil instead. That treatment was legalized in 2015, and a dispensary in Schulenburg made its first delivery of the oil to a young Texas child last week.

But as dispensaries are opening, Texans like Campbell’s daughter might still have a hard time getting access to the oil from marijuana plants. Currently, fewer than 20 doctors across the state are registered with the Texas Department of Public Safety to prescribe it.

They are able to do so under the Texas Compassionate Use Act, which legalized the sale of a specific kind of cannabis oil for a small group of Texans: epilepsy patients, like Sierra, whose symptoms have not responded to federally approved medication.

But to qualify for the medicine, Texans must have tried two FDA-approved drugs and found them to be ineffective. The patients also must be permanent residents of Texas and get approval from two of the 18 doctors listed on the Compassionate Use Registry of Texas.

Under the law, a physician can only sign up for the state registry if, among several other requirements, the doctor has dedicated a significant portion of his or her clinical practice to the evaluation and treatment of epilepsy and is certified by the American Board of Psychiatry and Neurology in either epilepsy or neurology.

The bill in question was passed in 2015, so it’s taken awhile just to get to this point. There are only three dispensaries in the state, and there’s not likely to be many more doctors on the registry, at least not while Jeff Sessions is on a reefer madness kick. The effect of this law should be big for those who are able to take advantage of it, but the number of such people will be very small. I hope that effect is enough to allow for a broader bill in the next Legislature, but the surer route to that destination is to vote for candidates who are willing to support that outcome. The Chron has more.