Texas' medical cannabis program, one of the most tightly regulated in the nation, may be expanded this year by the Texas Legislature — but time is running out.
One of the proposals with the most momentum took a step forward May 20 when it was referred to the Senate State Affairs committee.
House Bill 1535 would allow thousands, if not millions, more patients access to low-THC medical cannabis — and boost a nascent sector of the state economy. The bill would expand the ailments treatable by cannabis from seizure disorders, multiple sclerosis, autism, terminal cancer and a few other diseases to include chronic pain, post traumatic stress disorder and all forms of cancer.
The state's medical cannabis program, called the Compassionate Use Program, had just 5,413 patients as of April. That's up from 1,863 patients in April 2020.
“We thank the [lieutenant governor] for giving the Senate an opportunity to weigh in on this important legislation that could help millions of Texans," said Morris Denton, CEO of medical cannabis dispensary Texas Original Compassionate Cultivation.
HB 1535 also proposes increasing the amount of THC allowed in the medicine from 0.5% to 5%. That is still far below the level of tetrahydrocannabinol found in recreational pot, which can be greater than 15%.
The bill was initially received from the House on May 3 but didn't see any movement for more than a week. On May 17, the Texas Legislature's website showed that the bill had been co-sponsored in the Senate by Brownsville Democrat Eddie Lucio Jr., Georgetown Republican Charles Schwertner, Houston Republican Paul Bettencourt and San Angelo Republican Charles Perry. But by May 18 the co-sponsors had disappeared.
Cristie Strake, a staffer in Sen. Bettencourt's office, said May 18 that the removal of the Senate co-sponsors was due to a clerical error; a bill is not permitted to have Senate sponsors and co-sponsors before being referred to committee. Strake added that Bettencourt did intend to sponsor the legislation and that "all the sponsors that were there are still accurate."
Representatives for Sen. Perry and Sen. Lucio, Jr. confirmed May 18 that both intended to remain as co-sponsors of the bill. Efforts to reach Sen. Schwertner were unsuccessful.
Both Lucio and Schwertner sit on the state affairs committee, which has already considered other cannabis-related legislation this session. House Bill 2593 — which would reduce penalties for possession of cannabis-infused products, such as edibles, and treat them more like traditional marijuana — was reported favorably out of committee on May 20 and is awaiting a Senate vote.
Rep. Stephanie Klick, D-Fort Worth, authored the original legislation for HB 1535. She has a long history with creating a framework for the state's cannabis program, having penned the original Compassionate Use Act that allowed the state's first dispensaries to provide CBD oil to people with epilepsy who couldn't get other federally approved medication. Klick helped expand that law to include a few other types of patients in 2019.
As the legislative session winds down, the proposal is now heading to the Senate, where Lt. Gov. Dan Patrick has blocked some cannabis proposals in the past.
Denton said that is at odds with public opinion.
For example, a University of Texas/Texas Tribune poll in February found 60% of respondents supported legalization for at least small amounts of marijuana for both medical and recreational use. That was up from 49% in 2014.
“Unfortunately, if people don’t want to get educated and informed about the truth and the power of that truth, there’s very little we can do to change that," Denton said.
Slideshow: Check out a 2019 tour of Compassionate Cultivation's cannabis growing facility outside Austin
Behind the scenes with a cannabis grower
A Senate committee was scheduled to take up on May 18 another cannabis-related bill, House Bill 3948, which cleans up Texas' rules for cultivating hemp to better align with rules set forth by the United States Department of Agriculture.
A hotly contested aspect of the bill is the regulatory status of Delta-8, a different form of cannabis that is extracted from hemp and isn't currently regulated. Delta-8 is flourishing across the state, and its effects very closely mirror that of recreational pot. An analysis of the bill by its authors and sponsors says it is attempting to address the prevalence of Delta-8.
"Delta-8 is relatively new. It is intoxicating, and it is on the shelves; the delta-8 products that are being sold to consumers are most likely not the cultivated delta-8 found naturally in very minimal amounts in hemp," the analysis said. "It is a highly processed and chemically altered cannabinoid."
An analysis by trade group Texas Hemp Growers estimated that banning Delta-8 products would likely deter some cannabis investors, as well as eliminate $51 million in retail sales — and more than $3 million in potential state sales tax revenue.
Despite all the movement on cannabis bills, Texas lawmakers have not yet given serious consideration to a recreational marijuana program like those in nearly 20 other states.
Outside the Capitol, Texas has attracted several new cannabis businesses. For instance, Parallel recently announced that it would invest $25 million into a 63,000-square-foot cannabis cultivation and production facility in San Marcos. The Atlanta company, which operates as Goodblend Texas, was among the first to obtain a license to grow back in 2017 under the name Surterra Texas.
Denton said his company and fellow medical cannabis advocates will continue to push for passage of HB 1535. If it doesn't pass, they'll be back in two years advocating on behalf of patients.
“It just makes the path a little bit rockier for us, but it doesn’t change our vision or our purpose," he said.
