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HB 1491

Updated on September 16, 2017


relating to the medical use of marihuana.

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
particular patient.

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.

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?

Tobacco: 435,000

Alcohol: 85,000

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

Marijuana: 0

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 will make a difference, and Texas marijuana laws will change.

Texas is also the only state that borders Mexico that has not become a medicinal marijuana state increasing our border wars and not helping the marijuana black market. Why should someone be forced to move to another state just to get a federal recognized medicine? This law only protects doctors and partially protects patients. We need to pass a laws that allow full use of medicinal marijuana and allows dispensaries to sell marijuana instead of patients having to get their medicine from the black market risking being arrested... costing Texans tax dollars and ruining innocent people's lives. Remember: On the black market a drug dealer will have other drugs and does not care what age you are. A dispensary is only selling the highest grade medicinal marijuana, and you not only have to be a certain age to enter, but you also have to obtain a medical marijuana card by the state.

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 coarse of cardiovascular diseases."

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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.


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    • profile image

      Emer420 5 years ago

      I SUPPORT! I love this hub. I believe that more people should be educated on this matter. Therefore, I have shared this on my facebook for everyone I know to read. I hope that's OK with you. :)

    • profile image

      greens21 6 years ago

      more the reason to register for voting

    • profile image

      hillbillybob 6 years ago

      Hummmmmmmmmmmm yep and hopefully my new greenhouse will be running full blast, hey somebody has to grow it might as well be me,

    • profile image

      Heras Online Mark 6 years ago

      what Texas use to be a blue state --- not too long ago I might add -- hey Bush used it as well as other illegal substances -- if it's good for the gander it might as well be good for the goose. Way to go Texas -- it won't be long now before using Mary Jane will add tax revenue to the coffers and put the drug companies out of business.

    • phillip goodson profile image

      phillip goodson 6 years ago

      I'm shocked that bill made it to Texas! I thought they still had the death penalty for marijuana.