Texas Medical Cannabis Law: The Case for Reform

Introduction: Texas and the Limits of Cannabis Reform

Cannabis laws are changing across the nation, yet Texas continues to maintain some of the most restrictive ordinances in the country, prohibiting even the prescription of marijuana for most medicinal purposes and all recreational use. Houston Public Media's Jerry Quijano Kut's article "New Medical Marijuana Law Goes into Effect, Expanding Access to Cancer Patients and Texans with PTSD" proclaims that the recently passed House Bill 1535 means: "Thousands more Texans can now be prescribed medical cannabis oil with low levels of THC, the ingredient that gets people high" (Kut, 2021, par. 1). But people who use marijuana for pain relief are not using the drug to feel high — they are using it, in many instances, simply to feel normal and to manage the activities of their daily lives.

Regarding the concern that marijuana is a potentially dangerous narcotic, the same could be said of any number of controlled substances prescribed for pain relief. Rather than viewing cannabis as a particularly nefarious drug, a more useful comparison is with other substances — such as opioid medications — which carry an even higher degree of addictive potential. Marijuana, simply because people also use it recreationally, should be evaluated in the context of other medical and recreational substances like alcohol, rather than demonized in media rhetoric. The Houston Public Media article's reference to "getting high" contributes to the spread of misinformation that medical marijuana legalization advocates have been working to correct for decades.

House Bill 1535: A Step Forward, but Not Far Enough

If anything, advocates for the chronically ill argue, the bill does not go far enough. Individuals suffering from severe illnesses should not have to prove the gravity of their condition to warrant a prescription, provided their physician believes cannabis may be helpful. The bill does provide some hope by allowing all forms of cancer to be treated with the drug. Previously, only terminal cancer patients could receive a cannabis prescription. The current bill recognizes that any form of cancer can potentially be terminal, and that even patients without a terminal diagnosis can suffer debilitating pain and loss of function due to chemotherapy treatment (Kut, 2021).

However, the bill also limits access for post-traumatic stress disorder (PTSD) sufferers, permitting only certain groups — such as veterans — to access cannabis for their psychological needs (Kut, 2021). Cannabis has well-documented psychological applications, and the bill falls short in this regard, since PTSD sufferers resulting from sexual abuse and other common causes cannot obtain relief under the current law.

This is not to say that every person who wants to use marijuana does so for medicinal purposes. But the bill's highly restrictive terms interfere with the relationship between patient and physician. Pain relief can be deeply individual, as can responses to psychotropic medications. Ultimately, legislators should take a light rather than heavy hand in regulating such substances. The author of the article did defend the bill as an important first step in reforming the law. Texas legislators have advocated incremental change, hoping to observe how liberalization of marijuana access evolves over time — but that approach does not help the many people who could benefit from the drug right now. Given the pace at which neighboring states are adopting more liberal legislation, Texas is increasingly appearing behind the times.

Medical Marijuana vs. the Opioid Epidemic

One significant reason House Bill 1535 gained traction is growing awareness of the risks of opioid addiction. Cannabis is generally considered less addictive than opioids, and Texas has been severely affected by the opioid epidemic. "In 2018, Texas logged 1,402 opioid-involved overdose deaths, according to the National Institute on Drug Abuse. That appears to have risen significantly in recent years and during the pandemic" (Wistrom, 2021, par. 4). Although marijuana is not a risk-free substance, when compared with opioids — which have been far more widely prescribed — it is often a milder, less addictive, and more effective palliative option. Cannabis can increase appetite and improve mood, as well as relieve pain, making it particularly valuable for patients managing severe physical illnesses that also affect their mental well-being. Opioids, by contrast, do not carry the psychological applications that cannabis research increasingly supports.

Conclusion: Overcoming Misconceptions and Expanding Access

Cannabis users who wish to be prescribed marijuana are not seeking to get high. They are seeking relief. Unfortunately, the misconception persists that individuals seeking help with pain and anxiety through marijuana are exaggerating or fabricating their symptoms. There also remains a lingering notion that marijuana's medical applications are somehow less legitimate than those of opioids and other pharmaceutical treatments. In fact, there are many valid paths to pain relief.

Texas appears to be dragging its feet, limiting the medical conditions for which cannabis can be prescribed while even the Texas media continues to use the language of intoxication to describe the drug's legitimate medical uses. The media should be working to overcome public prejudice and misconceptions about pain relief, PTSD, and cannabis prescription — not reinforcing them. Both legislators and journalists have a responsibility to reflect the evolving scientific and medical consensus on marijuana's therapeutic value, and to ensure that Texans who need this treatment are not left without access.

References

Kut, J. Q. (2021). New medical marijuana law goes into effect, expanding access to cancer patients and Texans with PTSD. Houston Public Media. Retrieved from https://www.houstonpublicmedia.org/articles/news/politics/2021/09/02/407648/new-medical-marijuana-law-goes-into-effect-expanding-access-to-cancer-patients-and-texans-with-ptsd/

Wistrom, B. (2021). Texas will slightly expand medical cannabis program. Austin Business Journal. Retrieved from