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Stephanie Klick

Senate approves one medical marijuana bill

A pleasant surprise.

Rep. Stephanie Klick

Marijuana advocates were handed an unlikely victory Wednesday after the Texas Senate advanced a bill greatly expanding the list of debilitating medical conditions that can legally be treated by cannabis oil in the state.

Although the upper chamber’s leadership once opposed bills that would relax the state’s pot policies, the Senate unanimously voted in favor of a bill by state Rep. Stephanie Klick, R-Fort Worth, that expands the state’s Compassionate Use Program, which currently allows the sale of cannabis oil only to people with intractable epilepsy who meet certain requirements.

The bill now heads back to the Texas House, where lawmakers can either approve the Senate changes or opt to iron out their differences in a conference committee before lawmakers adjourn in five days. Klick did not immediately respond to a request for comment on whether she’d accept the Senate changes to her bill.

The version of the bill approved by the Senate would expand the list of conditions that qualify for the medicine to include all forms of epilepsy; seizure disorders; multiple sclerosis; spasticity; amyotrophic lateral sclerosis, or ALS; terminal cancer; autism and incurable neurodegenerative diseases. The bill also axes a requirement in current statute that says those wanting access to the medicine need the approval of two licensed neurologists, rather than one.

“This bill is about compassion,” said state Sen. Donna Campbell, R-New Braunfels, the Senate sponsor of the bill. “For patients participating in the [Compassionate Use Program], they have had a remarkable and life-altering change because of this. That’s compassion.”

Under Campbell’s version of the bill, the Texas Department on Public Safety would still have oversight of the Compassionate Use Program. Her revised bill also keeps intact the 0.5% cap on the amount of the psychoactive element in marijuana, known as THC, that medical cannabis products are legally allowed to contain. Campbell’s version also axes a provision in Klick’s bill that calls for a research program to assess how effective cannabis is as a medical treatment option for various conditions.

See here for the background. For whatever the reason, Dan Patrick decided to cooperate and play nice, and so here we are. It’s not much, and it brings us no closer to the criminal justice reform part of this, but it’s a step forward, and the more of those the better. The House still needs to approve the Senate changes, and Greg Abbott still needs to sign it, but I feel good about this one going the distance.

SB9 clears House committee

Let the stalling tactics begin!

Still the only voter ID anyone should need

The House Elections Committee voted Friday to advance a controversial election bill, setting up a race to get it onto the full chamber’s agenda ahead of bill-killing deadlines that start this weekend.

The committee approved Senate Bill 9 by Republican state Sen. Bryan Hughes on a 5-4 party-line vote during a short meeting on the House floor called two days after the panel heard hours of public testimony — a vast majority in opposition of the bill — during a marathon hearing that ran past midnight.

SB 9 is a wide-ranging bill that makes more than two dozen changes to election practices. Among the provisions are one to make it a felony for Texans who vote when they’re ineligible — even if they do so unknowingly — and another to allow partisan poll watchers or election officials to be present at a voting station if a voter is getting help from someone who isn’t a relative. Those individuals would then be allowed to examine the voter’s ballot before it’s submitted to determine whether it was filled out “in accordance with the voter’s wishes.”

The legislation also grants the state attorney general direct access to the voter rolls and essentially allows Texas to participate in a controversial, Kansas-based voter verification program that has proved to be unreliable and riddled with cybersecurity weaknesses.

[…]

The bill now heads to the House Calendars Committee, which sets the full chamber’s agenda. If it makes it onto the House calendar, the chamber will need to approve it before a midnight deadline Tuesday. Already running against the clock, the House Elections Committee delayed a vote on the bill twice, canceling a Thursday vote when too few Republicans would be in the room to get it out of committee.

See here for the background. AT this point, there are two main questions. First, can the Democrats do enough to delay this bill from getting to the House floor? (Assuming it gets on the calendar, which I figure it will.) And second, if the Dems manage to delay it to death, does Greg Abbott call a special session to revive it? My best guesses are Yes for the first, and Too Soon To Tell for the second. Let’s take it one step at a time and see where we go. In the meantime, keep calling your legislators to let them know that SB9 is a bad bill. The Observer has more.

So what’s happening with SB9, the vote suppression bill?

The big House committee hearing was on Wednesday.

Still the only voter ID anyone should need

Filed in early March, Senate Bill 9 by Republican state Sen. Bryan Hughes emerged as a priority for Senate leadership and first appeared to seize on bipartisan support for modernizing outdated voting equipment and enhancing election security.

In opening his pitch on the Senate floor in mid-April, Hughes said the “heart of SB 9” was a provision requiring counties to use voting machines by the 2024 general election that provide an auditable paper trail that can be verified by voters.

“It’s our responsibility on behalf of the people of Texas to make sure each county is conducting elections in the most secure way possible or practicable and that voters can truly trust the results,” Hughes said. “This shift to systems with a paper component, with those audits that will follow, will give certainty to every Texan that their vote will be counted fairly.”

The Senate signed off on the measure on a party-line vote. But when it made it to the House Elections Committee on Wednesday, state Rep. Stephanie Klick, a Fort Worth Republican and the panel’s chair, offered a substitute version of the bill that stripped the voting machine language altogether.

The most recent version of SB 9 still makes more than two dozen changes to election practices that proponents have generally described as election security and integrity measures meant to zero in on wrongdoers, not legitimate voters. Hughes previously chalked the other changes up to an attempt to address problems he had heard about from election administrators, district attorneys and the attorney general’s office.

But those changes — many of which election administrators actually oppose — are extensive and significant. To name a few:

The legislation would make it a state jail felony for Texans to vote when they’re ineligible even if they did so unknowingly, elevating that offense from a Class B misdemeanor to include possible jail time and a fine of up to $10,000. Although federal law generally allows a voter to receive assistance in filling out a ballot by the person of their choice, SB 9 would authorize partisan poll watchers or election officials to be present at a voting station if a voter is getting help from someone who isn’t a relative. Those individuals would then be allowed to examine the voter’s ballot before it’s submitted to determine whether it was filled out “in accordance with the voter’s wishes.”

SB 9 would require people who drive at least three voters to whom they’re not related to the polls at the same time for curbside voting — popular among the elderly and people with disabilities — to sign a sworn statement affirming those voters are physically unable to enter the polling place without personal assistance or health risks.

And the legislation grants the state attorney general direct access to the voter rolls and essentially allows Texas to participate in a controversial, Kansas-based voter verification program that’s intended to allow states to compare voter rolls to find people registered in multiple states. It has proved to be ineffective, inaccurate and mired in cybersecurity weaknesses.

Laying out SB 9 before a packed committee room Wednesday morning, Klick told her colleagues the intent of her version of the bill was “neither voter suppression nor to enable voter fraud.”

“Ultimately, the intent of SB 9 is to strengthen election integrity and make sure all votes cast are legitimate votes and no legal voter is inhibited from casting their ballot,” Klick said.

But most of the individuals who testified before the committee countered that.

You should read the rest. Suffice it to say that volunteer deputy registrars and county election administrators like Harris County Clerk Diane Trautman were among the many who opposed SB9. Testimony went well into the night, and in the end the bill was left pending, to be taken up on Thursday and voted out on party lines.

But then a funny thing happened.

Representative Valoree Swanson had a strange day. The backbencher from Spring was absent from the Legislature most of the day with an illness, putting a highly contentious voting bill in jeopardy. Yet somehow, Capitol wags noted, she was voting on other legislation. To move Senate Bill 9 out of committee in these waning days of the legislative session, Swanson was needed in the House Elections Committee, which is split between five Republicans and four Democrats. A 4-4 tie would mean the legislation wouldn’t advance. But Swanson was apparently ailing somewhere away from the Capitol. Until she returned, SB 9 was stuck. Yet meanwhile the massive vote tally boards located at the front the House chamber showed her voting on other legislation.

“Ghost voting”—where lawmakers vote for their colleagues on the House floor for usually innocent reasons—is not really controversial at the Capitol. But being AWOL on legislation desperately wanted by top Republicans is. Her absence left Democrats cheerful, if apprehensive, that they could run out the clock on legislation they see as yet another voter suppression bill aimed at discouraging the elderly and people of color from voting. (SB 9 would, among other things, make it a felony to vote if ineligible, even unwittingly, allow poll watchers to inspect the ballots of disabled people who use non-relatives to help them vote, and require registration of volunteers who drive three or more disabled voters to polling places.)

Even though Swanson showed up mid-afternoon, the House adjourned for the day without setting a hearing for the bill in committee. Though a hearing could still be set, its prospects dim by the hour.

[…]

Instead of voting on the bill late Wednesday, Klick delayed the vote until Thursday morning. As members began to assemble for the committee hearing they learned she had cancelled the meeting because of Swanson’s absence. When Swanson showed up in the House chamber just before 2:30 p.m. (theatrically coughing in the direction of the press), the chairman told another committee member that she had not decided when she might reschedule a vote.

The decision comes at a critical moment for the Texas Legislature as the legislative session draws to a close on Memorial Day. Saturday is the last day for House committees to vote out Senate bills; Tuesday is the last day for the House to consider any Senate bills on the House floor. Given the complexity of the voter bill, one Democrat said it would be easy to load it up with a lot of amendments, which could delay passage of the legislation and endanger other legislation. For now, Swanson’s cough might be enough to kill SB 9.

That would be outstanding. One cannot rule out the possibility of a special session for the purpose of passing SB9 – Greg Abbott has had no qualms about doing that sort of thing in the past – but for today at least, there’s hope.

House passes two bills to expand medical marijuana use

Bill Number One:

Rep. Eddie Lucio III

The Texas House on Monday advanced a bill that would expand the list of debilitating conditions that allow Texans to legally use medical cannabis.

House Bill 1365 would add Alzheimer’s, Crohn’s disease, muscular dystrophy, post-traumatic stress disorder, autism and a bevy of other illnesses to an existing state program that currently applies only to people with intractable epilepsy who meet certain requirements.

The bill would also increase from three to 12 the number of dispensaries the Texas Department of Public Safety can authorize to begin growing and distributing the product and authorizes the implementation of cannabis testing facilities to analyze the content, safety and potency of medical cannabis.

After a relatively short debate, the lower chamber gave preliminary approval to Democratic state Rep. Eddie Lucio III’s bill in a 121-23 vote. But the legislation still faces major hurdles in the more conservative Texas Senate before it can become law.

“Today, I don’t just stand here as a member of this body but as a voice for thousands of people in this state that are too sick to function or that live in constant, debilitating pain,” Lucio, D-Brownsville, told other lawmakers.

The Compassionate Use Act, signed into law in 2015, legalized products containing high levels of CBD, a non-euphoric component of marijuana, and low levels of THC, the psychoactive element in marijuana, for Texans with intractable epilepsy whose symptoms have not responded to federally approved medication.

Patients also must be permanent state residents and get approval from two specialized neurologists listed on the Compassionate Use Registry of Texas. While Lucio’s bill strikes the residency requirement, state Rep. John Zerwas, R-Richmond, successfully tacked on an amendment Monday saying those wanting to try the medicine only needed approval of one neurologist from the registry and a second physician who only needs to be licensed in the state of Texas and have “adequate medical knowledge” in order to render a second opinion.

Lucio’s bill is one of two which aim to expand the scope of the narrow Compassionate Use Act that have gained traction this legislative session. Another measure by Fort Worth Republican Stephanie Klick, an author of the 2015 program, is scheduled to get debated by the Texas House later in the week.

See here, here, and here for some background. The Compassionate Use Act was a big step forward, but it was also very limited, which this bill aims to improve on. As does Bill Number Two:

Four years after state Rep. Stephanie Klick authored legislation that legalized the sale of medical cannabis oil to Texans suffering from intractable epilepsy, the House gave tentative approval Tuesday to a bill by the Fort Worth Republican that would expand the list of patients eligible for the medicine.

House Bill 3703 would add multiple sclerosis, epilepsy and spasticity to the list of debilitating medical conditions that qualify for cannabis oil.

Her bill would also allow the state’s three dispensaries that are eligible to grow and distribute the medicine to open other locations if the Texas Department of Public Safety determines more are needed to meet patients’ needs. And the legislation calls for a research program to assess how effective cannabis is as a medical treatment option for various conditions.

[…]

The Compassionate Use Act, authored by Klick in 2015, legalized products containing high levels of CBD, a non-euphoric component of marijuana, and low levels of THC, the psychoactive element in marijuana, for Texans with intractable epilepsy whose symptoms have not responded to federally approved medication.

Under the law, Texans with intractable epilepsy only qualify for the oil if they’ve tried two FDA-approved drugs and found them to be ineffective. Patients also must be permanent state residents and get approval from two specialized neurologists listed on the Compassionate Use Registry of Texas.

Klick successfully added an amendment to her bill Tuesday saying the second doctor only needed to be a licensed physician, rather than a specialized neurologist.

Unlike Klick’s bill, Lucio’s strikes the residency requirement and says those wanting to try the medicine only need approval of one neurologist from the registry and a second physician who must be licensed in the state of Texas and have “adequate medical knowledge” in order to render a second opinion.

Either or both bills would be fine, and would do a lot to help people who need it. Alas, we live in a state that has unwisely chosen to give a lot of power to Dan Patrick. Sucks to be us.

House approves limited medical marijuana bill

And there it is.

On a 96-34 vote, the House passed Senate Bill 339, from state Sen. Kevin Eltife, R-Tyler, which would legalize oils containing CBD, a non-euphoric component of marijuana known to treat epilepsy and other chronic medical conditions. If the House gives final passage in a follow-up vote, the measure will be Gov. Greg Abbott’s to sign, veto or allow to become law without his signature. If it becomes law, the state would be able to regulate and distribute the oils to patients whose symptoms have not responded to federally approved medication.

Before the vote, state Rep. Stephanie Klick, R-Fort Worth, the bill’s House sponsor, repeatedly stressed to House members that the product she was trying to legalize should not be confused with marijuana.

“It is also not something you can get high on. It has a low risk of abuse,” Klick said. “This is not something that can be smoked. It is ingested orally.”

[…]

Several Republican lawmakers brought up those concerns during the House floor debate. At one point, over the shouts of House members booing, state Rep. Mark Keough, R-The Woodlands, yelled, “This is a bad bill.”

State Rep. John Zerwas, R-Simonton, and a House sponsor of the bill along with Klick, responded. “It is not a bad bill. It is a great bill and it is going to save lives.”

See here for the background. This is not a bad bill, but it’s not a great bill, either. It should do some good, and it’s a step in the right direction, but remember that some CBD proponents opposed this bill because it didn’t do very much for them. I hope the Lege is as kind to Rep. Joe Moody’s bill to reduce marijuana penalties, but if this is all we get, I won’t be surprised. A statement from RAMP is beneath the fold, and Trail Blazers and the Current have more.

(more…)

Senate approves limited medical marijuana bill

Wow again.

Epilepsy patients in Texas would have access to medicinal oils containing a therapeutic component found in marijuana under legislation the state Senate passed Thursday.

Senators voted 26-5 to pass Senate Bill 339, by Sen. Kevin Eltife, R-Tyler, which would legalize oils containing cannabidiol (CBD), a component found in marijuana known to treat epilepsy and other chronic medical conditions. If the measure passes the House, by 2018, the state would be able to regulate and distribute the oils to patients whose symptoms have not responded to federally approved medication.

“While the bill is not the full-scale medical marijuana bill that many advocate for, we recognize that change takes time and this is certainly a step in the right direction,” Phillip Martin, deputy director of the liberal group Progress Texas, said in a statement. “These bills are an important step and we are eager to see them set promptly on the calendars so they can be considered by the full Texas Legislature.”

Eltife’s proposal is the second marijuana-related bill to receive votes of support in as many days. On Wednesday night, a House committee voted 5-2 in favor of a measure that would legalize the possession and delivery of marijuana — a measure that looks unlikely to make it to the full House for a vote.

Meanwhile, a companion to Eltife’s bill – House Bill 892 from Rep. Stephanie Klick, R-Fort Worth – passed out of a House committee earlier this week.

See here for the background. While it is the case that this bill is very limited, so much so that some advocates for medical marijuana oppose it, this is still a significant step. Getting this bill and Rep. Moody’s bill to reduce penalties on low-level pot possession would have a significant positive effect on Texas. I’m amazed in a good way that we’ve gotten this far.

One marijuana reform bill passes out of committee

This is a pleasant surprise.

Rep. Joe Moody

For the first time, a committee in the Legislature has approved a bill to decriminalize possession of marijuana, a move advocates hailed as a milestone moment in Texas.

The state House Criminal Jurisprudence Committee passed House Bill 507 late Monday, just three days after narrowly voting it down.

The tally the second time around was 4-2, with tea party Republican David Simpson of Longview joining with three Democrats. One GOP member did not attend.

The measure, which would make possession of less than an ounce of pot a civil infraction instead of a class B misdemeanor, will now go to the committee that controls the floor calendar.

It will likely stay there, and has virtually no chance of becoming law in a deeply conservative Legislature.

Nevertheless, the committee’s decision speaks volumes on how far Texas has shifted on the controversial matter.

Bill sponsor Joe Moody, D-El Paso, said in a statement that “Texas cannot afford to continue criminalizing tens of thousands of citizens for marijuana possession each year.”

“We need to start taking a more level-headed approach,” Moody said. “It is neither fair nor prudent to arrest people, jail them, and give them criminal records for such a low-level, non-violent offense.”

[…]

In addition to Moody and Simpson, state Reps. Abel Herrero of Robstown and Terry Canales of Edinburg supported the bill. Plano Republicans Jeff Leach and Matt Shaheen voted no.

See here for the background. As the story notes, this bill had been voted down 3-2 in committee on Friday, but Canales was absent and Herrero voted against it at that time, having some concerns about the bill that Moody was able to assuage. This bill may never gets on the calendar for a vote from the full House, but just getting it out of committee is a big step forward.

The other pot reform bills are unlikely to fare as well.

The chair of the committee that controls the fate of medical marijuana legalization in Texas said Monday that “there are still a lot of questions to be answered” about the legislation, indicating it is unlikely to win approval before next week’s deadline.

“The bills need a lot of time and attention,” state Rep. Myra Crownover, R-Denton, said in an interview outside a forum here about health issues in the Legislature.

The House Public Health Commitee chair’s comments came after a discussion in which she said she had heard “compelling” testimony about possible benefits of marijuana for medical conditions but wanted to study how legalization has played out in states such as Colorado and California.

She would not declare the bill dead in the interview, but repeated the state was at the beginning of a “long process” toward legalization.

See here, here, and here for the background. The deadline for bills to pass out of committee for consideration on the floor is Monday, so you do the math. If you had 2015 for medical marijuana legalization in the office betting pool, you may as well use those betting slips as rolling paper, because you’re not getting any other value out of them. A statement from RAMP on Rep. Moody’s bill is here, and the Current has more.

UPDATE: Wow.

In a surprise move that supporters hailed as a historic victory, the Texas House Criminal Jurisprudence Committee approved legislation Wednesday to make it legal to buy and sell marijuana in the state.

Two Republicans joined with the panel’s three Democrats in support, giving House Bill 2165 a decisive 5-2 victory.

The proposal, which would make Texas the fifth state in America to OK pot for recreational purposes, has virtually no chance of clearing any other hurdles on the path to becoming law in this year’s legislative session.

Still, advocates described the committee vote as a big step toward future success.

“Marijuana policy reform continues to make unprecedented progress this session,” Phillip Martin of the liberal group Progress Texas tweeted just after the vote.

Apparently, the Texas Compassionate Use Act also passed out of committee. Gotta say, I didn’t expect either of that. I don’t expect any of these bills to go farther than this, but still, a bridge has been crossed. It’s impressive.

Medical marijuana gets its committee hearing

Don’t know that it will get more than just that committee hearing, however.

House Bill 892 would legalize oils containing CBD, a non-euphoric component of marijuana known to treat epilepsy and other chronic medical conditions. By 2018, the measure would allow the state to regulate and distribute the oils to epilepsy patients whose symptoms have not responded to federally approved medication. The measure was left pending by the House Committee on Public Health.

At the hearing, supporters of the proposal, also known as the Compassionate Use Act, recounted the seizures endured by children who they say could benefit from derivatives of medical marijuana. But opponents of the bill, including representatives of law enforcement agencies, expressed concerns that increased access to any component of marijuana would jeopardize public safety.

“This is a focused bill designed to give people with intractable epilepsy another option when others have failed,” the bill’s author, state Rep. Stephanie Klick, R-Fort Worth, told the committee. “[CBD oils] have no street value, and these families have no other options.”

The representative’s interest in medical marijuana came after she met constituents in her district who have children suffering from Dravet syndrome, a rare form of epilepsy that begins in infancy.

“If CBD weren’t available in the number of states it is available in, we wouldn’t be having this conversation today,” said M. Scott Perry, a pediatric neurologist with Cook Children’s in Fort Worth, testifying in favor of the bill. “The human data on CBD use is very encouraging. What is frustrating is that I can’t prescribe CBD to patients in my state, in Texas.”

[…]

Opponents of the bill expressed concerns over public safety and increased recreational use of marijuana as an unwanted consequence of increasing access to CBD oils. Others worried that the products would be hard to regulate.

“I am concerned about the other children in the household getting ahold of this medication when the parents aren’t around,” said Denton County Sheriff William Travis, speaking on behalf of the Sheriffs’ Association of Texas. “As a father, I would do anything for my child. But putting low amounts of marijuana oil in a child’s body where the brain is not fully developed is not the way.”

The Texas Medical Association has made clear that it does not support legalizing marijuana for medical use. “There is no validated science to support its use in broad treatment,” the association said in a statement earlier this year.

But some medical marijuana advocates are still reluctant to support the proposed Texas Compassionate Use Act, calling it appeasement legislation that would do little to help Texans with epilepsy — and nothing for those with other diseases, such as cancer, that can be treated with medical marijuana.

See here, here, and here for some background. I’m all about the science, but the TMA’s statement seem way too restrictive to me. Surely there are studies showing the efficacy of marijuana for some things. I favor a much broader loosening of marijuana laws than this, so I’m having a hard time understanding why this tiny baby step is so controversial. What are we really afraid of here? Unfair Park has more.

More on the Texas Compassionate Use Act

The Chron covers the legislation that has been introduced to loosen medical marijuana laws just a bit.

The twin bills, both authored by Republicans and supported by lawmakers across the aisle, await hearings in Senate and House subcommittees.

The bills are far more restrictive than those that legalized medical marijuana in 23 states, broad laws that in general green-light the marketing of “whole plant” products to a wide range of patients, such as those with cancer, multiple sclerosis, HIV and other illnesses.

The Texas bills would allow for the implementation of “compassionate use” of CBD oil by 2018, a move that would effectively bypass FDA drug trials, which can take as long as a decade.

“These are families that have run out of options,” said Rep. Stephanie Klick, R-Fort Worth, a nurse and lead author of the House bill. “Other states have legalized CBD oil with promising results. We want Texans with intractable epilepsy to have that option.”

The bills face opposition from conservative lawmakers, who fear a yes vote might cast them as champions of marijuana, and from the Texas Medical Association, which is opposing the lack of testing available on CBD oil.

Even some parents of children with intractable seizures are against it, arguing their kids need higher levels of THC to make their convulsions stop, a dose ratio the Texas law wouldn’t allow. A botanical derived from plants, CBD oil would have to be calibrated from different batches to conform to the strict, low-THC ratio the Texas law would mandate.

It’s that very ratio that has made Dean Bortell an opponent of the Texas Compassionate Use Act.

His daughter Alexis, now 9, began having seizures at age 7, convulsing wildly and foaming at the mouth. The various medications doctors gave her actually made her condition worse, he said.

Bortell moved his family from the Dallas area to Colorado, becoming “medical refugees.”

Bortell said his daughter’s epilepsy now is well-controlled on CBD oil – $150 for a 40-day supply – but one of her doses contains more THC than would be allowed under the proposed Texas law. To get the right ratio, he must add pure THC oil to the CBD oil.

“If I got caught with that in Texas, I’d go to prison,” he said. “I’ve talked to tons of parents here in Colorado, and for many of them, the ratios in the Texas bills wouldn’t help their children because they require more THC. For no other medication does the law dictate dosing levels.”

See here for the background; most of what is in this story is also in the one I blogged about there. Time is beginning to get short for any bills that have not yet been heard in committee, so unless these bills get scheduled to be heard in the next couple of weeks, they won’t be going anywhere. One bill that has already gotten a hearing is Rep. Joe Moody’s bill to change possession of less than one ounce of marijuana to a civil penalty, like a traffic ticket. That bill has picked up some Republican cosponsors, which may be a sign that it could go the distance, or at least go farther. I’d like to see more done, and I’d go a lot farther on medical marijuana than the Compassionate Use Act, but this just doesn’t look to be the session for it.

The Texas Compassionate Use Act

Looks like this will be the main marijuana-related action in the Legislature this session.

Two Texas lawmakers have filed bills that would allow epilepsy patients to use medicinal oils that contain a therapeutic component found in marijuana.

But some medical marijuana advocates are reluctant to support the proposed Texas Compassionate Use Act, calling it “appeasement legislation” that would do little to help Texans with epilepsy — and nothing for those with other diseases that can be treated with medical marijuana, such as cancer. Among those advocates is the family of Alexis Bortell, a 9-year-old Dallas-area girl with epilepsy.

“If these bills passed as they are written now, we will be forced to relocate” to Colorado, said Dean Bortell, whose daughter Alexis has become the face of the medical marijuana issue in Texas. “We are hoping they modify the bills in committee and that we can support them. The last thing we want to do is testify against them. But in their current form, we would have no choice.”

The twin proposals — House Bill 892 from Rep. Stephanie Klick, R-Fort Worth, and Senate Bill 339 from Sen. Kevin Eltife, R-Tyler — would legalize oils containing CBD, a non-euphoric component found in marijuana known to treat epilepsy and other chronic medical conditions. By 2018, the measure would allow the state to regulate and distribute these oils to epilepsy patients whose symptoms have not responded to federally approved medication. It would allow the oils to be ingested, but not smoked.

Texas is one of 16 states where marijuana is illegal for medical and recreational use. In recent years, 11 states have legalized CBD oil for certain medical conditions. Twenty-three other states and the District of Columbia have laws allowing broader medical marijuana use.

[…]

“I have been talking to a number of members that feel like this is a way to separate those that want to see the therapeutic benefits of the substance without the potential for abuse,” said Klick, who is a registered nurse. “As is, [these oils] have no street value and no psychoactive effect. If we bump that ratio up, I think we will lose support.”

Klick said there will also be a loss of political support if her bill is expanded to include other ailments, such as cancer, Crohn’s disease or Lou Gehrig’s disease.

[…]

Critics of the proposed Texas Compassionate Use Act don’t think it goes far enough. They have concerns about the requirements the bill would put in place for patients, who would have to try two epilepsy medications at maximum dosage before trying CBD oils. In addition, they object to the bill’s requirement that a patient may not try medical marijuana unless no other FDA-approved treatments are available. Finally, critics don’t like how long the implementation of the measure would take, with the first dispensaries scheduled to be licensed by 2018.

“If you look at some other states with CBD-only legislation, you will see that bad laws can be worse than no laws at all,” said Shaun McAlister, the executive director of the Dallas-Forth Worth branch of the National Organization for the Reform of Marijuana Laws (NORML). “We need immediate access to whole-plant marijuana, not appeasement legislation.”

His colleague Tracy Ansley added: “We don’t consider these medical marijuana bills. These are medical hemp bills.”

I don’t know enough about the medical science to have a sufficiently informed opinion about the merits of these bills. My general sympathies are with decriminalization, so as far as that goes I’d prefer to see something broader. This statement I got from Republicans Against Marijuana Prohibition (RAMP) a couple of weeks ago when the bills were filed sounds about right to me:

RAMP has the utmost respect for Representative Klick’s and Senator Eltife’s advocacy for patients with epilepsy to have access to safe medical marijuana when no other treatment options provide relief. However, it is clear from experience in other states that CBD-only legislation has failed to generate the high-CBD strains that epileptic patients desperately need. The Texas Compassionate Use Act limits the market to such a degree that people will be unlikely to invest money and time into the extremely difficult practice of medical marijuana cultivation. Colorado, a state with whole plant access, has lead the nation in high-CBD marijuana strains while also helping patients who benefit from THC – such as those with cancer, muscular sclerosis, and PTSD. RAMP advocates a bill that allows the entire plant to be accessed as medicine for qualifying conditions including cancer, glaucoma, HIV/AIDS, Crohn’s disease, ulcerative colitis, Alzheimer’s, PTSD, and conditions causing seizures, severe pain, severe nausea, and muscle spasms.

If this is truly the best that can be done in the current environment, then I’d say it’s better than nothing and worth supporting, with the hope of building on it later. It would also put some of those predictions about when marijuana might be legalized in Texas into some perspective. We’ll see if this is all there is.