Rep Stephanie Klick, filed medical cannabis bill HB 1535 in the Texas House yesterday afternoon as part of the 2021 legislation session.
Klick is serving as chair of the Public Health Committee in the House for the current session, and you’ll likely hear her referred to as Chair Klick for these discussions in the House. Klick’s introduced bill will add less than a handful of conditions according to some and more according to others. The bill will add some conditions while leaving the door open for more.
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Conditions added
(ix)a condition that causes acute or chronic pain, for which a physician would otherwise prescribe an
opioid;
(x) post-traumatic stress disorder and is a
veteran;
(xi) a medical condition that is approved
for a research program under Subchapter F, Chapter 487, Health and
Safety Code, and for which the patient is receiving treatment under
that program; or
(xii) a debilitating medical condition
designated by the Department of State Health Services under
Subsection (b); and
(B) the physician determines the risk of the
medical use of low-THC cannabis by the patient is reasonable in
light of the potential benefit for the patient.
THC limits
The bill will also redefine what Texas considers low-THC cannabis. Under the current statute, the definition stands at 0.5% THC. Advocates have been pushing for a higher number over the years and this bill changes it, but not by much.
3) “Low-THC cannabis” means the plant Cannabis sativa
L., and any part of that plant or any compound, manufacture, salt,
derivative, mixture, preparation, resin, or oil of that plant that
contains not more than five [0.5] percent by weight of
tetrahydrocannabinols.
Review Boards
HB 1535 will allow the establishment of Institutional Review Boards. “Institutional Review Boards to evaluate and approve proposed research programs to study the medical use of low-THC cannabis in the treatment of certain patients.” The bill outlines the following as IRB’s.
(a) One or more compassionate-use institutional review boards may be established to:
(1) evaluate and approve proposed research programs to
study the medical use of low-THC cannabis in treating a medical
condition designated by rule of the executive commissioner under
Section 487.252(a); and
(2) oversee patient treatment undertaken as part of an approved research program, including the certification of treating
physicians.
(b) An institutional review board must be affiliated with a
dispensing organization and meet one of the following conditions:
(1) be affiliated with a medical school, as defined by
Section 61.501, Education Code;
(2) be affiliated with a hospital licensed under
Chapter 241 that has at least 150 beds;
(3) be accredited by the Association for the
Accreditation of Human Research Protection Programs;
(4) be registered by the United States Department of
Health and Human Services, Office for Human Research Protections,
in accordance with 21 C.F.R. Part 56; or
(5) be accredited by a national accreditation
organization acceptable to the Texas Medical Board.
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IRBs will meet specific conditions. Affiliated with a licensed dispensary and either a medical school, hospital with 150+ beds, have a special accreditation, registered by US HHS, or be accredited by a national organization acceptable to the TX medical board.
More will likely be added or removed from the bill as it possibly advances through the steps of moving towards a signature from the Governor.