during 87th legislative session. Photo by Jesse Williams
HB 1535, TCUP Expansion, was brought to the intent calendar immediately after passing committee yesterday and was heard on the Senate floor this evening, passing unanimously. The bill now goes to the conference committee.
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Any further changes could be made to the bill in the conference committee as none were made on the floor. HB 1535 Passed with a 31-0 vote, the bill took less than two minutes from start to finish. There was no discussion taken on the bill similar to what was seen with expansion in 2019. The conference committee will consist at minimum of the author of the bill and the sponsor in the Senate.
There are some notable changes with the committee substitute (obtained from Schwertner’s office) that has come out from the committee hearing Tuesday. The THC cap has been set a 1% instead of 5%. Chronic pain has been struck from the bill completely. As well, the condition that would result in a patient being prescribed an opiate has been struck from the language. The original language of HB 1535 read:
(ix)a condition that causes chronic pain, for which a physician would otherwise prescribe an opioid
The section which also provided the language necessary for DSHS to evaluate which conditions could be added to the program has been removed. The original language read as follows:
(xii)a debilitating medical condition designated by the Department of State Health Services under Subsection (b); (b)The Department of State Health Services by rule may designate debilitating medical conditions for which a physician may prescribe low-THC cannabis under this section.
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That has been completely stricken from the substituted bill. Now the complete list of things to be covered by TCUP is as follows if the bill passes the Senate and conference committee, as well as signed by the governor:
(i) epilepsy;
(ii) a seizure disorder;
(iii) multiple sclerosis;
(iv) spasticity;
(v) amyotrophic lateral sclerosis;
(vi) autism;
(vii) [terminal] cancer; [or]
(viii) an incurable neurodegenerative disease;
(ix) post-traumatic stress disorder; or
(x) 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;
The state now looks forward to the last day the Senate can pass a bill on the floor to see where the Hemp Cleanup Bill, HB 3948, goes with discussion and floor amendments.