Article by Karli Duran, Executive Director of NORML San Antonio about HB 1491, the affirmative defense medical marijuana bill that has been introduced into the Texas legislature.
“TEXAS RESIDENTS & HB 1491
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) 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.A164.0525.AAMEDICAL 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
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
SECTION 4: This Act takes effect September 1, 2011.
WHY SHOULD THIS BILL PASS?
ANSWER: Read my links and backlinks to become more informed on the safest medicine God made for our planet. How can anyone argue that marijuana is not safe when there are NO overdoses ever recorded compared to the countless overdoses of so many legal drugs and substances?
Microbial Agents: 75,000
Toxic Agents: 55,000
Adverse Reactions to Prescription Drugs: 32,000
All Illicit Drug Use, Direct and Indirect: 17,000
Non-Steroidal Anti-Inflammatory Drugs Such As Aspirin: 7,600
Anyone hunting for any hint that the medical marijuana movement had reached Texas can be forgiven for missing HB 1491, filed on February 17 by Austin-based House Representative Elliott Naishtat. House Bill 1491 would allow those with “bona fide medical conditions” to possess pot with physician’s approval. It would also forbid law enforcement from conducting investigations on doctors that may have “discussed marijuana as a treatment option” or suggested “the potential benefits of marijuana would likely outweigh the health risks for a particular patient.” This can also open the door for more business for the pro-marijuana doctors. They can safely advertise they support medical marijuana, and people will flourish to pro-marijuana doctors’ offices in hopes they can be recommended medical marijuana for their disabling condition. Whereas, without the bill being passed, it will leave doctor’s unprotected from recommending marijuana to disabled patients, and people may stay stuck seeing their current doctor who may not support medical marijuana. I lucky have two doctors that know and support my use of marijuana. Inform the medical community, inform your friends, call and email your representatives. YOU CAN MAKE A DIFFERENCE!! Some have doubt that the HB 1491 will pass, but if you register to vote and vote for this bill, email or call your representatives….you will make a difference, and Texas marijuana laws will change.
Marijuana Compounds and Theraputic Properties
According to a recent review published in the journal Trends in Pharmacological Sciences cannabidiol possess over a dozen separate therapeutic properties including anti-cancer properties, anti-diabetic properties, anti-epileptic properties, and anti-bacterial properties.
According to the journal of Cardiovascular Therapeutics the active components in marijuana influence the cardiovascular system and hold promise in the management of certain cardiovascular diseases, including arrhythmia (irregular heartbeat) and ischemia (restriction of blood flow). They stated “the endocannabinoid system has a physiological role in the cardiovascular systems. Therefore, cannabinoids offers intervention opportunities to alter the course of cardiovascular diseases.”
– Marijuana and Pain Management
Millions of people in the United States suffer from chronic pain, and much of that suffering cannot be relieved adequately by existing treatments. Patients are in desperate need of new pain management approaches. Cannabinoid medicines appear very professional.
– Scientist: Marijuana May Treat Diabetes – Diabetes | Symptoms | Diet | Type 2 – FOXNews.com
Scientist: Marijuana May Treat Diabetes, Cannabis plant extracts could potentially form the basic ingredients for a market-leading diabetes drug, the scientist who developed a former world-beating treatment for the condition believes
– Marijuana Use in Supportive Care for Cancer – National Cancer Institute
A fact sheet about marijuana used to treat chemotherapy-induced nausea, vomiting, anorexia, and cachexia in cancer patients. National Cancer Institute Fact Sheet 8.4
– Appetite of terminal cancer patients restored by marijuana: study – The Globe and Mail
After 18 days of treatment, 73 per cent of those who got THC reported a greater overall appreciation of food, compared to only 30 per cent who felt that way among those given the placebos
See results without voting
DEA Considering Reclassifying Plant-Derived THC Under Federal Law
The United States Drug Enforcement Administration is considering reclassifying plant-derived THC from a Schedule I to a Schedule III controlled substance under the Federal Controlled Substance Act.
– Support HB 1491 | causes.com
Join the cause
– Steve Bloom: Legalization or Bust: A Brief History of Marijuana Prohibition
– Peter Tosh’s prophetic anthem “Legalize It” is sounding pretty good these days. Since the former Wailer penned the reggae tune in 1976, the legalization movement has come a long way. Still, others may say: What’s taking so long?