A little more progress in Texas

Dankdude · #1 02-16-2007, 07:06 AM

By: Naishtat 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.

Dankdude · #2 02-16-2007, 07:11 AM

Here is the letter that alerted me to this.
================================================== =

Dear XXXXX,

Great news! Representative Elliott Naishtat, a democrat from Austin, filed a medical marijuana bill in the Texas Legislature earlier today! It is not the bill we were originally advocating for, but after considering all the political factors we’ve realized that this bill is our best shot at having a significant impact in protecting patients this session.

House Bill 1534 offers a compassionate two-part solution.

1. Amend section 481.121 of the Texas Health and Safety Code to create an affirmative defense to prosecution for people who use marijuana based on their physician’s recommendation.

2. Amend section 164.052 of the Texas Occupations Code to protect physicians from any disciplinary action solely for making a written or oral statement that the potential benefits of marihuana use would likely outweigh the health risks for a particular patient.

So what does affirmative defense mean exactly? It means after being arrested for possession of marijuana a patient would be ensured they could tell a court why they’re using marijuana, whereas today judges almost always decide medical evidence is inadmissible. This legislation would automatically make such evidence admissible for bona fide patients whose physicians have recommended they use marijuana.

Click Penal Code to read the definition of an affirmative defense in the Texas Penal Code.

As you can see, with this bill marijuana use for any reason will remain illegal. After a person is arrested, if they have a recommendation to use marijuana from their physician, they will simply be given the chance to present such evidence in court so the jury can decide if they should be punished or released.

However, with this bill bona fide medical marijuana cases may not even make it that far. Former Republican legislator, prosecutor, sheriff and original author of this bill in 2001, Terry Keel, chacterized it this way:

"I don’t know any prosecutor, under the circumstances this bill is designed to address, who would accept such a case and file it and prosecute it. The bill is intended to provide an amendment to our statues that accurately reflects the exercise of prosecutorial discretion as we know it today.”

Bottom line, this bill could have a huge and merciful impact if passed. Please take a few minutes to call your State Representative and ask them to support HB 1534. The person answering the phone might ask you what the bill would do, so it might be helpful to have this email in front of you. You can find out who represents you in the Texas State Legislature, and their contact information, by inserting your address at the following link: Who Represents Me--Home.

If you live in the Austin area and are not able to attend the entire lobby day next Wednesday the 21st, I hope you can join us for the press conference and rally that day from noon to 1 pm on the south steps of the Capitol.

Thank you for taking action and speaking up for Texas patients' right to speak out in their own defense.

Appreciatively,

Noelle Davis
Executive Director

Texans for Medical Marijuana - Home

7xstall · #3 02-16-2007, 07:20 AM

very nice dank. i wish the battle was going this well in my state...

IPokeSmot · #4 02-16-2007, 07:37 AM

VERY nice

medicineman · #5 02-16-2007, 12:34 PM

Quote:

Originally Posted by Dankdude

Here is the letter that alerted me to this.
================================================== =

Dear XXXXX,

Great news! Representative Elliott Naishtat, a democrat from Austin, filed a medical marijuana bill in the Texas Legislature earlier today! It is not the bill we were originally advocating for, but after considering all the political factors we’ve realized that this bill is our best shot at having a significant impact in protecting patients this session.

House Bill 1534 offers a compassionate two-part solution.

1. Amend section 481.121 of the Texas Health and Safety Code to create an affirmative defense to prosecution for people who use marijuana based on their physician’s recommendation.

2. Amend section 164.052 of the Texas Occupations Code to protect physicians from any disciplinary action solely for making a written or oral statement that the potential benefits of marihuana use would likely outweigh the health risks for a particular patient.

So what does affirmative defense mean exactly? It means after being arrested for possession of marijuana a patient would be ensured they could tell a court why they’re using marijuana, whereas today judges almost always decide medical evidence is inadmissible. This legislation would automatically make such evidence admissible for bona fide patients whose physicians have recommended they use marijuana.

Click Penal Code to read the definition of an affirmative defense in the Texas Penal Code.

As you can see, with this bill marijuana use for any reason will remain illegal. After a person is arrested, if they have a recommendation to use marijuana from their physician, they will simply be given the chance to present such evidence in court so the jury can decide if they should be punished or released.

However, with this bill bona fide medical marijuana cases may not even make it that far. Former Republican legislator, prosecutor, sheriff and original author of this bill in 2001, Terry Keel, chacterized it this way:

"I don’t know any prosecutor, under the circumstances this bill is designed to address, who would accept such a case and file it and prosecute it. The bill is intended to provide an amendment to our statues that accurately reflects the exercise of prosecutorial discretion as we know it today.”

Bottom line, this bill could have a huge and merciful impact if passed. Please take a few minutes to call your State Representative and ask them to support HB 1534. The person answering the phone might ask you what the bill would do, so it might be helpful to have this email in front of you. You can find out who represents you in the Texas State Legislature, and their contact information, by inserting your address at the following link: Who Represents Me--Home.

If you live in the Austin area and are not able to attend the entire lobby day next Wednesday the 21st, I hope you can join us for the press conference and rally that day from noon to 1 pm on the south steps of the Capitol.

Thank you for taking action and speaking up for Texas patients' right to speak out in their own defense.

Appreciatively,

Noelle Davis
Executive Director

Texans for Medical Marijuana - Home

So Dank, are you eligible for such a medical pass. I think I am and in fact if I wasn't so paranoid of the feds, would probably get the document. I might anyway. You probably could come up with the fart caught crossways defense. I'd have to rely on the arthritus pain defense.

Dankdude · #6 02-16-2007, 05:34 PM

Yes Med I would qualify... I have multiple health problems.

Token · #7 02-16-2007, 09:18 PM

Thats cool dank i think i will be going, i live in austin

medicineman · #8 02-16-2007, 11:51 PM

Quote:

Originally Posted by Dankdude

Yes Med I would qualify... I have multiple health problems.

Well then I pray it will come true for you! Didn't mean to be funny. I've thought of you as a healthy young man.

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