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Texas' Medical Marijuana Law

If you’re a medical marijuana advocate, you’ve probably noticed how states, such as California, Oregon, Washington, Colorado, Massachusetts, Maine, and Alaska have legalized marijuana for both recreational and medical use. Then, there’s a number of states, including our neighbors Arizona and New Mexico, that have legalized marijuana strictly for “medical use.” Where does that leave Texas?

On June 1, 2015, Governor Gregg Abbott signed Senate Bill 339, otherwise known as the Compassionate Use Act, which takes effect Sep. 1. Once this law goes into effect, doctors can start prescribing a low-THC marijuana to patients who have been diagnosed with intractable epilepsy. Clearly, this law still has many limitations.

In many states that legalize marijuana for medical use, people can obtain a medical marijuana card from their doctor, who may prescribe medical marijuana for: nausea, cancer, chemotherapy, muscle spasms, multiple sclerosis, Chron’s Disease, poor appetite due to a chronic medical condition or HIV, seizure disorders, glaucoma, nerve pain and more. But in Texas, medical marijuana is restricted to intractable epilepsy.

What is intractable epilepsy? It’s a seizure disorder where the patient’s seizures cannot be controlled with treatment. The disorder not only affects the person’s quality of life, but individuals with the condition have to be cautious around water, near busy streets, and when walking near railway platforms. Often, the disorder makes it so they cannot drive.

In order to be prescribed medical marijuana in Texas after Sep. 1, the patient must meet the following requirements:

  • They must be diagnosed with intractable epilepsy.
  • They must be under a physician’s care.
  • They must have taken two FDA-approved drugs and found them ineffective.
  • They must be a permanent resident of Texas.

Are you interested in learning more about Senate Bill 339? If so, click here.

Are you facing marijuana charges because you tried to self-medicate? If so, contact The Zendeh Del Law Firm, PLLC to meet with a Plano marijuana lawyer!