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HB1491
SUMMARY
HB 1491 would create an affirmative defense to prosecution for patients who are being treated by a licensed physician and who use marijuana to ameliorate the effects of a bona fide medical condition. A patient, if arrested, would have to prove in court that he or she was suffering from a bona fide medical condition and that a physician had discussed or recommended marijuana as an option to alleviate the symptoms of the condition. Read & Follow the Bill
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Comments from Elliott Naishtat

HB 1491 would create an affirmative defense to prosecution for patients who are being treated by a licensed physician and who use marijuana to ameliorate the effects of a bona fide medical condition. A patient, if arrested, would have to prove in court that he or she was suffering from a bona fide medical condition and that a physician had discussed or recommended marijuana as an option to alleviate the symptoms of the condition. There is ample evidence that marijuana is beneficial to people suffering from the chronic and debilitating pain associated with cancer, AIDS and multiple sclerosis. Marijuana has also been proven effective in alleviating nausea associated with chemotherapy, eye pressure from glaucoma and muscle spasms from neurological disorders. The bill does not legalize marijuana. It would simply allow a defendant to prove in court that he or she was using marijuana pursuant to a doctor’s recommendation to relieve the pain associated with a recognized medical condition. The bill would provide protection for physicians licensed in Texas who discuss with a patient the use of marijuana as an option to alleviate symptoms associated with a bona fide medical condition. A recent Scripps-Howard Poll indicated that seventy-five percent of Texans would support legislation allowing people with serious illnesses to use marijuana for medical purposes. The American Nurses Association, American Academy of Family Physicians, Lymphoma Foundation of America, American Preventive Medical Association, American Public Health Association, Gray Panthers, and the New England Journal of Medicine have endorsed the medical use of marijuana.

Contributor Comments
Backmic Update
(Travis County) March 7, 2011, 3:15 pm report abuse
Referred to House Committee on Public Health
LivinTheDream
(Not a Texan County) February 21, 2011, 4:23 pm Thumbs Up report abuse
The burden of proof is with the person who uses the marijuana. I would think that if a medical doctor, who goes thru years and years of professional education and training, would have the common sense to police ones self for fear of being put in the middle of a defendants case. I think if we trust the doctors to prescribe to our children, we certainly can trust that doctors to provide a necessary treatment to serious illnesses that so many of our elders face.
ByTheWay...
(Hays County) February 21, 2011, 2:18 pm Thumbs Up report abuse
The bill states for treatment of " symptoms or effects of a bona fide medical condition.". Seriously....we really are going to depend on the Good Faith or good intentions. That seems pretty vague and I agree with @Observer that it would be a monster of a task to enforce and control.
Observer
(Tarrant County) February 19, 2011, 2:46 pm Thumbs Down report abuse
This will be an enforcement nightmare. It allows possession of marijuana to to allowed on the written or ORAL advice of a physician. No documentation required.
 
 
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