Dankdude
Well-Known Member
H.B. No. 1534
A BILL TO BE ENTITLED
AN ACT
relating to the medical use of marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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) for the possession of marihuana 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 date.
SECTION 4. This Act takes effect September 1, 2007.
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Urge Your Legislators to Support Medical Marijuana in Texas
Dear NORML Supporter:
NORML is pleased to announce that House Bill 1534, an act to allow qualified patients to raise an affirmative defense to prosecution for the possession of medical cannabis, has been introduced in the Texas legislature. If approved, this proposal would enact limited legal protections for patients who use cannabis under a doctor's supervision. It would also enact legal protections for physicians who make oral or written recommendations to their patients regarding the use of medicinal cannabis. (Read the full text of the bill:
http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=80R&Bill=HB1534.)
While HB 1534 does not establish statewide regulations to allow qualified patients to use and possess medical cannabis -- as have been enacted in other states -- this bill does enact new legal protections for patients by allowing them to present evidence of their medical use at trial. Please take two minutes of your time today to write your Representative and urge him or her to stand up for the rights of Texas patients. For your convenience, pre-written letters in favor of HB 1534 are available online here: NORML -- Urge Your Legislators to Support Medical Marijuana in Texas.
In addition, for those of you in the Austin area, tomorrow, February 21st, a lobby day will be taking place at the state Capitol in support of the medical use of cannabis. A rally and press conference in support of HB 1534 will be taking place on the steps of the Capitol from noon until 1pm. For more information, please contact Josh Schinberg, Director of Texas NORML.
Texas NORML, Inc.
Phone: (512) 585-3846
Contact: Josh Schinberg
E-mail: josh@texasnorml.com
Website: www.myspace.com/texasnorml
You can also visit Texans for Medical Marijuana - Home.
Sincerely,
Erin Dame
NORML Outreach Coordinator
Erin@norml.org
A BILL TO BE ENTITLED
AN ACT
relating to the medical use of marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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) for the possession of marihuana 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 date.
SECTION 4. This Act takes effect September 1, 2007.
-------------------------------------------------------------------
Urge Your Legislators to Support Medical Marijuana in Texas
Dear NORML Supporter:
NORML is pleased to announce that House Bill 1534, an act to allow qualified patients to raise an affirmative defense to prosecution for the possession of medical cannabis, has been introduced in the Texas legislature. If approved, this proposal would enact limited legal protections for patients who use cannabis under a doctor's supervision. It would also enact legal protections for physicians who make oral or written recommendations to their patients regarding the use of medicinal cannabis. (Read the full text of the bill:
http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=80R&Bill=HB1534.)
While HB 1534 does not establish statewide regulations to allow qualified patients to use and possess medical cannabis -- as have been enacted in other states -- this bill does enact new legal protections for patients by allowing them to present evidence of their medical use at trial. Please take two minutes of your time today to write your Representative and urge him or her to stand up for the rights of Texas patients. For your convenience, pre-written letters in favor of HB 1534 are available online here: NORML -- Urge Your Legislators to Support Medical Marijuana in Texas.
In addition, for those of you in the Austin area, tomorrow, February 21st, a lobby day will be taking place at the state Capitol in support of the medical use of cannabis. A rally and press conference in support of HB 1534 will be taking place on the steps of the Capitol from noon until 1pm. For more information, please contact Josh Schinberg, Director of Texas NORML.
Texas NORML, Inc.
Phone: (512) 585-3846
Contact: Josh Schinberg
E-mail: josh@texasnorml.com
Website: www.myspace.com/texasnorml
You can also visit Texans for Medical Marijuana - Home.
Sincerely,
Erin Dame
NORML Outreach Coordinator
Erin@norml.org