Expanding The Texas Compassionate Use Program: HB 3703

During Texas’ 2015 Legislative Session, Rep. Stephanie Klick authored the legislation that created the Texas Compassionate Use Program. The legislation, which would eventually be signed by Governor Abbott, authorized the use of low THC oil solely for the treatment of intractable epilepsy, and the use may only be legal when two other treatments have been proven ineffective. For advocates, it was assuring to see another option of potential treatment for the over 150,000 individuals living in Texas with intractable epilepsy, a good percentage of them being children.

Although, the inconvenient restrictions of TCUP soon became apparent. Of the many physical or mental conditions that cannabinoids in general, CBD in particular, have been scientifically proven to alleviate at least somewhat, only intractable epilepsy was considered a qualifying condition. And for Texan cannabis patients that have found relief through THC, they were essentially out of luck as THC in any percentage above .5 percent was still prohibited.          

Four years later, the Fort Worth state representative once again filed a bill to  expand her legislative brainchild. While not increasing the cap on THC percentages, House Bill 3703 would remove restrictions on other cannabinoids as well as increasing the number of qualifying conditions that allow the use of the state-regulated, TCUP-registered CBD oil. Furthermore and what will prove to be incredibly beneficial for medical patients, HB 3703 would create an “an in-state low-THC cannabis research program managed by the Health and Human Services Commission”.

“As a licensee that has a vested interest in seeing more people get safe, legal access to this medicine, we’re supportive of pretty much every reasonable bill that tries to make that happen.” said Morris Denton of Compassionate Cultivation. “It opens the aperture on the allowable conditions and is a follow-on to the hard work we’ve put in place over the last two years to demonstrate that this medicine does work and does provide value and is changing people’s lives. From our perspective, forward progress is a good thing.”

Denton also believes that the aforementioned research program would benefit both Texan medical cannabis patients as well as further medical research of the many potential uses of the plant itself.

“My point of view on it is if we’re going to do a research program, we should be able to study a variability in the THC levels across a wider spectrum of conditions.”     

“We’re grateful that the House of Representatives agreed that more folks deserve access to this medicine and that doctors should be making these decisions.”

Texans for Responsible Marijuana Policy director Heather Fazio brought up another major positive of HB 3703. The bill would grant a legal protection for students registered with TCUP from disciplinary actions within their respective educational institutions.

Although given the viewpoints among certain advocacy groups, HB 3703 isn’t without its restrictions on other possible medicinal relief through the plant.

“Rep. Klick’s bill would expand TCUP in a very limited way, still leaving behind the vast majority of patients who could benefit from this medicine.” said Heather Fazio, Director of Texans for Responsible Marijuana Policy. “This policy fails to include some of the most sick Texans in our state. Those who are suffering from cancer, PTSD, severe intractable pain. We know that cannabis is helping to get people off opiates and saving lives when it comes to accidental overdose deaths in legal states. Even under this proposal, those folks in Texas would still not have access to this medicine.”  

As the Texas Legislature’s practices are notoriously unstable and unpredictable, only a psychic with a specialty in politics could tell the fate of HB 3703. Our lawmakers are naturally ambiguous in their ways and could easily be swayed in another direction. Still if the bill were to pass, it would drastically expand upon the first cannabis-related medical program that’s ever legally existed in Texas and allow for further treatments and research on the plant, a monumental step in the right direction from what’s currently allowed in the state.