Texas medical marijuana petition

Discussion in 'Legalization/Decriminalization' started by claygooding, May 5, 2012.

  1. claygooding

    claygooding DrugWarVeteran

    Medical marijuana petition

    To provide advanced natural medical care to the people of Texas. Far to long has this war on our health gone on. We want to see a new bill go out to senate and the house and for us, the taxpaying citizens of Texas have a legal way to seek medicine to improve our lives.
    We have seen

    HB 164
    The proposed legislative measure would allow physicians to make written or oral recommendations that, in the physician's medical opinion, the potential benefits of marijuana would likely outweigh the health risks for a particular patient. If arrested for possession of marijuana, a patient with a recommendation from his or her physician would be able to assert an affirmative defense to charges arising from his or her medical use of marijuana. If a court accepts the affirmative defense, it would mean that a patient could avoid jail time and fines. The bill would not, however, protect patients from the initial arrest.

    H.B. No.1491
    A BILL TO BE ENTITLED AN ACT relating to the medical use of marihuana.
    SECTION 1: Section 481.121, Health and Safety Code, is
    amended by adding Subsections (c) and (d) to read as follows:
    (c)It is an affirmative defense to prosecution under
    Subsection (a) that the person possessed the marihuana as a patient
    of a physician licensed to practice medicine in this state pursuant
    to the recommendation of that physician for the amelioration of the
    symptoms or effects of a bona fide medical condition.
    (d)An agency, including a law enforcement agency, of this
    state or a political subdivision of this state may not initiate an
    administrative, civil, or criminal investigation into a physician
    licensed to practice medicine in this state on the ground that the
    physician discussed marihuana as a treatment option with a patient
    of the physician or made a written or oral statement that, in the
    physician ’s opinion, the potential benefits of marihuana would
    likely outweigh the health risks for a particular patient.”

    “SECTION 2: Subchapter B , Chapter 164, Occupations Code, is
    amended by adding Section 164.0525 to read as follows:
    Sec 164.0525. MEDICAL USE OF MARIHUANA. A physician may
    not be denied any right or privilege or be subject to any
    disciplinary action solely for making a written or oral statement
    that, in the physician ’s professional opinion, the potential benefits of marihuana would likely outweigh the health risks for a particular patient.”

    “SECTION 3: The change in law made by this Act applies only
    to an offense committed on or after the effective date of this Act.
    An offense committed before the effective date of this Act is
    covered by the law in effect when the offense was committed, and the
    former law is continued in effect for that purpose. For purposes of
    this section, an offense was committed before the effective date of
    this Act if any element of the offense was committed before that

    It's time we end Americas second cival war. It's time we start taking care of our medical patients, use the tax money to fix our failing school systems and return Texas to the once great state it was.

    If you are from Texas or have friends in Tx,,share please.
  2. ScrogBetty

    ScrogBetty Admin Staff Member

    Texas Marijuana supporters have kicked off another legalization effort, but they face an uncertain future in the Capitol.

    Rep. Elliott Naishtat, D-Austin, has filed a bill that stops well short of legalizing marijuana but provides a medical excuse to avoid punishment.

    Under his proposal, a person arrested for marijuana possession could enter evidence that his or her doctor gave instructions that use of marijuana could provide benefits for the person's illness.

    It also provides protections for physicians who tell patients or write instructions to them that recommend marijuana use. Patients whose doctors make such statements could present that evidence and have their charges dismissed.

    Over the past decade, various attempts to legalize marijuana for medical uses have failed in the Legislature.

    Opponents believe that doing so would open the door to widespread abuse.

    The Marijuana Policy Project, an advocacy group, is backing the latest bill while still calling it “far from perfect.”

    “Patients would not be protected from arrest and would have no legal way to obtain marijuana. Still, it’s a significant improvement over current Texas law,” said Dan Riffle, a spokesman for the group.

    While floundering, the issue has won bipartisan support in the past. It was initially championed by former Rep. Terry Keel of Austin, a Republican and former sheriff.

    Source -
  3. Monterey Bud

    Monterey Bud Administrator Staff Member

    Hey Ted Cruz - When the next legislative session fires up in 2014, Texas politicians who want a smaller fed should update the state's marijuana policies by legalizing and taxing Weed.

    Texas legislators would be able to reduce the size and scope of government by lessening the burden on the criminal justice system, reducing law enforcement costs and weakening organized crime.

    Legislators also will create an industry that benefits new businesses and generates revenues for the state.

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