TCUP expansion bill assigned to State Affairs Committee

Late this afternoon the Texas Senate assigned HB1535 – TCUP Expansion to the State Affairs committee.

HB 1535 authored by Rep. Klick would expand the Texas Compassionate Use Program (TCUP) beyond where it currently stands. Right now advocates are celebrating that the bill finally received a committee assignment, but the State Affairs Committee does not have a hearing Friday, which is the deadline for the bill to get a hearing before it no longer has enough time to make it through the legislature and to the governor’s desk. Advocates reached out to TCC to state they have started to formulate a plan to have constituents get ahold of Senators to push for a hearing tomorrow before the deadline.

TCUP 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.

TCUP 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.

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.