Texas Bill approved in House would expand medical MJ eligibility and replace THC cap

Texas has some big cannabis-related changes on the horizon.

The state House of Representatives has first approved a bill that would allow physicians to recommend medical cannabis to patients as an alternative to opioids to treat chronic pain. The bill would specifically expand eligibility for low-THC cannabis products and give legal access to patients with “a medical condition that causes chronic pain that a doctor would otherwise prescribe an opioid for.”

According to the Centers for Disease Control, one in five Americans lives with chronic pain. In 2021, more than 106,000 people in the United States died from drug overdoses, including illicit drugs and prescription opioids, according to the National Institutes of Health. In Texas in particular, there was an 80% increase in reported synthetic opioid-related deaths in 2021 compared to 2020, according to the Texas Workforce Commission.

Conversely, even the DEA admits that there have never been any cannabis overdose deaths.

A new chapter for the Texas cannabis industry?

The legislation, House Bill 1805, would also replace the THC cap established under the existing Texas Medical Cannabis Act. Texas medical cannabis law is currently limited to CBD only, with a 1% THC cap for cannabis oil. If passed, the bill would move the THC limit to the 10 mg volumetric dose. The bill also provides that Department of State Health Services (DSHS) regulators could approve additional debilitating medical conditions to qualify new patients for the cannabis program through rulemaking.

Rep. Stephanie Klick’s (R) bill passed the chamber Tuesday after a 121-23 vote, and it needs another round of approval in the House of Representatives before it can move into the Senate. If enacted, the bill would go into effect on September 1, 2023.

Texas NORML has also encouraged supporters in the state to contact the legislature and express their support for the reform and encourage the legislature to approve it. Jax James, executive director of Texas NORML, said in a press release that he was “thrilled” to see progress on the proposed legislation.

“Passing of this legislation will provide qualifying patients with a federally approved option to access therapy that has been shown to provide significant benefits,” Jones said. “Medical cannabis is an objectively safer alternative to the range of pharmaceutical drugs it could potentially replace. I urge my fellow Texans to express their support for this important piece of legislation and to reach out to their senators to further their support during the legislative process.”

One of many recent shifts

Of course, this move might be seen as a small step compared to other states that have passed broader medical cannabis laws or ended prohibition altogether, although it still represents a significant expansion for Texas. It’s also one of several recent moves that show Texas could be expanding its horizons when it comes to cannabis.

The Texas legislature recently held a hearing on House Bill 218, which if passed, would lower penalties for possession of cannabis and cannabis concentrates. Last month, the Texas House Criminal Jurisprudence Committee also voted 9-0 to pass a bill that would decriminalize the possession of small amounts of cannabis.

On Election Day 2022, five Texas cities also voted to decriminalize low-level cannabis possession: Denton, San Marcos, Killeen, Elgin, and Harker Heights. In the weeks that followed, clashes erupted in some cities with lawmakers arguing that decriminalization efforts violate state law and hinder police officers.

A Texas federal court also recently ruled that the federal ban on cannabis users from owning firearms is unconstitutional. The case’s judge, Kathleen Cardone, said, “It weighs on credulity to believe that engaging in such a widespread practice can render a person so dangerous or untrustworthy that they should have their Second Amendment rights stripped.”

Texas residents support updated cannabis guidelines

And while Texas still has very restrictive cannabis laws, they don’t align with the views of the state’s citizens.

According to a University of Houston study released earlier this year, out of 1,200 Texas adults ages 18 and older said they would support an expanded medicinal cannabis program. The poll also found that a majority of respondents supported decriminalizing cannabis possession, reducing the penalty for possession of small amounts of cannabis to a subpoena, and two-thirds of respondents supported legalizing cannabis for adult use.

Another poll conducted in 2022 by the University of Texas and the Texas Politics Project similarly found that a strong majority (72%) supports decriminalizing cannabis by punishing the offense with a reprimand and a fine without the threat of criminal prosecution imprisonment is punishable. Only 17% said they would support a total ban on cannabis use, including medicinal cannabis.