Could the new medical marijuana law in Texas really send doctors to jail?

http://lawprofessors.typepad.com/marijuana_law/2015/06/could-the-new-medicial-marijuana-law-in-texas-really-send-doctors-to-jail.html

He was careful to emphasize that patients would not be able to get high from the oil, because THC content would be limited to 5 percent.  Marijuana advocates and potential patients criticized the law, saying it failed to account for the benefits of whole-plant marijuana therapy and interfered with patients’ and doctors’ ability to seek out the best treatment available for epilepsy or other conditions…

Still, Eltife’s bill snaked its way successfully through the Legislature, despite the objections and language that requires doctors to “prescribe” the oil to their patients. Unfortunately a doctor cannot prescribe what the federal government considers a Schedule I substance without a DEA license, and CBD is a Schedule I substance. In other states, the “prescription” is referred to as a “recommendation” so that doctors can legally suggest that patients use it…

7 thoughts on “Could the new medical marijuana law in Texas really send doctors to jail?

  1. no, that is not right. other states with legal mmj still have to get their legal mj from a prescription the doctor writes for you; then you go fill it at a despensary, which is a mmj pharmacy.

    also, all kinds of mj should be available. lozenges, capsules, vape, smoking, edibles, in beverages, etc. so that any kind of patient can get the kind that helps them the most. ex-mmj is really really helpful for anxiety and/or mania. but pills or oils or lozenges do not give benefit you for these problems.

    Liked by 1 person

    • It can’t be written as a “legal” prescription, like for other prescription drugs regulated by the DEA. I mean, it can’t be written under a doctor’s DEA registration number — that would be against federal law.

      Liked by 1 person

      • ok but im confused. here the state says patient goes to pcp. pcp gives patient info on at least 1 ‘specialist’ who specializes in mmj. he evals patient and supports your application to state for mmj id card. you get card, he gives you rx and list of dispensaries or grows. he even writes amount, frequency, dose, etc, sometimes even writing what strain(s) are preferred. dispensary provides you what it says on your rx. you can’t get mmj rx that a dispensary will provide unless you see your ‘pot doc’ and get one. isn’t that doc writing rx’s?

        Liked by 1 person

        • Not if the rx isn’t written on a prescription pad. Would this kind of prescription be written for Vicodin or Oxy? Would a drug store fill something if it’s not written from the doctor’s regulated and approved prescription pad? These doctors are writing “recommendations,” not “prescriptions.”

          Does the patient have to follow this recommendation, and does the dispensary have to fill it exactly? I wouldn’t think so, especially if the patient had a home grow. But some patients may need more than the state allows in the rules, so maybe that’s why some doctors write out a recommendation.

          Liked by 1 person

        • here a patient that is more than 25 miles away from any dispensary may be allowed to grow up to 12 plants at one time.

          if you are less than 25 miles away from a dispensary you are forbidden from growing and must use a dispensary.

          dispensaries must give you what your doc ordered on his ‘rx’. ex–2 mg of x strain 4x/d for 2 weeks. no refills. i suppose if the doctor is not as precise, he would write a less precise ‘rx’ that is more open ended and open to interpretation.

          Liked by 1 person

        • Sorry, I can’t find any information that says a doctor must fill out a recommendation with that much specificity, for the amount and when to use. Since each strain is different, and patients will not know which strain works best, I don’t see how that would work. It just says the legal possession limit is 2.5 oz.

          Like

If you don't comment, I'll just assume you agree with me

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s