Texas Has Medical Marijuana

Since the 2009 Legislative session in Texas, we have what is known as "affirmative defense" legislation. While this is not full-scale legal access by any means, what it DOES mean is that if you're smart enough to get a Dr.s referral (which the Dr CANNOT be incriminated for, by law) and you get caught with weed, you still go to jail if the cops are real dicks, but as soon as you get in front of a judge or magistrate, you are released. No reference is made in the legislation for how patients are to procure their medication, so the definition of "possession" could be open to interpretation legally. But hey, don't take MY word for it; here's the link to the legislation as it was enacted on Sept. 21,2009...

http://www.capitol.state.tx.us/tlodocs/81R/billtext/pdf/HB00164I.pdf#navpanes=0

Good luck finding a doctor around here that would write you a recommendation.

Says right on it that the doctor wouldn't be liable for writing the recommendation if deemed so.

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.

Thats straight off the bill; copied & pasted.

talon said:

Good luck finding a doctor around here that would write you a recommendation.

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First doctor i asked was all about it. He was stoked to get a cash paying office visit that took ten minutes!

I don't think there is anything but ultra-conservative doctors in my city. They still treat marijuana like crack-cocaine.

talon said:

I don't think there is anything but ultra-conservative doctors in my city. They still treat marijuana like crack-cocaine.

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I'll give you a hint: Dr's who run methadone clinics are usually not so ultra-conservative. they have enough real world experience with substance abuse to see this as a harm reduction method at worst. Were it not for the healing powers of this herb I'd prolly still be on hitler's koolaid.

so if a person with a ailment that could be helped with marijuana goes to a doctor and askes for a recomendation, and they get it, and they get caught, they go to jaill but are released infront of the judge? would that go on their record? im just wanna make sure i understand.

I dont think it would... from what i understand is this is like having an Mmj card i think! Hopefully they will vote this november on making MMj a legal thing.. any news on that guys??

haydenmw said:

so if a person with a ailment that could be helped with marijuana goes to a doctor and askes for a recomendation, and they get it, and they get caught, they go to jaill but are released infront of the judge? would that go on their record? im just wanna make sure i understand.

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talon said:

I don't think there is anything but ultra-conservative doctors in my city. They still treat marijuana like crack-cocaine.

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I find conservatives are more open to MMJ than rank and file Democrats. Az is proof of that. MMJ is a Statism issue not a party issue thats for sure.

I just did a quick search and the only thing I found on HB 164 was from 2007.
I did, however find this and it says 2011 at the top of the page, so I assume it to be the latest attempt.
The Karen Heikkala Compassionate Care Act

Most Dr's are just drug dealers anyways, The only ones I respect are the ones who pioneer and do research, My girl and I use a Dr for a second Opinion only and really do not use any drug prescribed or suggested.
I use cannabis for most things like depression, acxiety, aches pains, Migraines etc...She does not use anything other then advil and reluctantly.
I get my health from Vitamins and proper nutrition including lots of filtered water. Dr's pass out the drugs that the cute hooker called a pharm rep that just came by reccomends (the one with no medical background). The Dr just wants a nice dinner and tickets to a game from the rep. Payment from your insurance compnay and his office visit money. Wake up and use nutrition as much as you believe in Cannibus I assure you keeping your body balanced as much as a plant will make you feel great.
P.S... Did anyone see the article on the guy who had (yes had) HIV he got a bone marrrow transplant from a person who is immune in Greece and now is clear of the virus. But not in America--no money in the cure!
Check out Vitamin C IV's another thing Amercia's drug companies don't want us to have access to. Wake up and strap on your paramilitary uniform and vote and do jury duty and spread the word. Get a table and put in front of Walmart and tell as many people as you can. There are more of us then them thus far. Till they hire even more Gov't workers and the people get out numbered like the Indians. Oh so nice and sweet till reinforcements come.

Just to be clear. This is not Texas law and it's quite irresponsible on the original poster to state that it is. His link that you see, is that of a Bill that was introduced. In order to a Bill to become law, it has to pass both sides of the legislature and be signed by the Governor. That didn't happen. In other words, it was just suggest by a member of the legislature, but it didn't pass. The Health and Code Chapter 481 (referred to as the Texas Controlled Substances Act), specifically 481.121 currently reads as follows:

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and
(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.105, eff. September 1, 2009.
There is no affirmative defense for doctors. The proposed bill would have been for a defense for medical doctors only. How somebody reads that the judge or magistrate has to release you after possession charges from possession from the proposed bill is a mystery to me.

I wish this was true. I have been in pain management for 7 years and presently on morphine sulfate both long acting and short acting. The meds are a bummer and marijuana DOES work and control ALL of my pain while the meds only mask some of it. I do have a Dr that has a methadone clinic and I have been told he is cool about people that smoke. I will find out when the office gives me another UDT. I was told as long as I am taking what he prescribes he could care less BUT I would rather it be legalized.

I'm going to Austin in October with my Rhode island patient card, I wonder what your law enforcement would do if I got caught. Since there is no way I'm leaving this bomb ass subcool strain at home.

Tamorin said:

I'm going to Austin in October with my Rhode island patient card, I wonder what your law enforcement would do if I got caught. Since there is no way I'm leaving this bomb ass subcool strain at home.

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In Texas they will ask you in a nice southern drawl, is those your drugs or you got drugs or guns? Then toss you in jail like a rapist or murder. All while acting like you are their buddy, and saying I dont agree I just enforce.

Tamorin said:

I'm going to Austin in October with my Rhode island patient card, I wonder what your law enforcement would do if I got caught. Since there is no way I'm leaving this bomb ass subcool strain at home.

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Well Austin isnt so bad about it just be smart about it but DO NOT CROSS THE WILLIAMSON COUNTY LINE. I'm sure people say this everywhere but Willco is famous for "Come on Vacation, leave on Probation" no joke first hand experience. Like i said just keep on your toes and play it safe. too bad you arent coming for the one day in austin the cops dont care if you smoke Austin Reggae Fest. You can roll one up and spark it in front of the chief of police (Art Acevedo) and he cant do a damn thing about it

when is this day? Has anyone got any updated news on HB 1491? It got reintroduced in march or may, not sure, but i cant find a single link with updated information

texannabis said:

Well Austin isnt so bad about it just be smart about it but DO NOT CROSS THE WILLIAMSON COUNTY LINE. I'm sure people say this everywhere but Willco is famous for "Come on Vacation, leave on Probation" no joke first hand experience. Like i said just keep on your toes and play it safe. too bad you arent coming for the one day in austin the cops dont care if you smoke Austin Reggae Fest. You can roll one up and spark it in front of the chief of police (Art Acevedo) and he cant do a damn thing about it

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LOL legal herb in tx! if you're dumb enough to believe this, and take it in front of a judge you will be laughed at, and tossed in jail. Thats why i moved to Oregon... The grass IS greener on the other side!

texannabis said:

Well Austin isnt so bad about it just be smart about it but DO NOT CROSS THE WILLIAMSON COUNTY LINE. I'm sure people say this everywhere but Willco is famous for "Come on Vacation, leave on Probation" no joke first hand experience. Like i said just keep on your toes and play it safe. too bad you arent coming for the one day in austin the cops dont care if you smoke Austin Reggae Fest. You can roll one up and spark it in front of the chief of police (Art Acevedo) and he cant do a damn thing about it

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Yeah sure, once a cop always a cop. The only good cop is a dead cop.