Texas Bill to Deregulate Marijuana

With almost half of the United States legalizing medical marijuana and recreational use

legalized in four other states, Texas could be next in line to deregulate the plant.

House Bill 2165, which was filed by Rep. David Simpson, would decriminalize

marijuana by repealing all references to marijuana in state law. Simpson said he hopes that

marijuana will be treated like any other crop and only regulated for quality purposes. The bill

would also exclude the use of marijuana by minors. This component for the bill could allow

discussion for the use of marijuana by children with illnesses such as cancer, epilepsy and even

autism.

"I am proposing that this plant be regulated like tomatoes, jalapeños or coffee," Simpson

wrote in a press release. "Current marijuana policies are not based on science or sound evidence,

but rather misinformation and fear. All that God created is good, including marijuana. God did

not make a mistake when he made marijuana that the government needs to fix."

According to Simpson, the government should only regulate man-made and potentially

dangerous substances.

“Let’s allow the plant to be utilized for good — helping people with seizures, treating

warriors with [post-traumatic stress disorder], producing fiber and other products — or simply

for beauty and enjoyment,” Simpson said in a public hearing in early March. “Government

prohibition should be for violent actions that harm your neighbor — not of the possession,

cultivation, and responsible use of plants.”

Dr. Michael Privitera, the director of the Epilepsy Center at the University of Cincinnati

Neuroscience Institute and vice president of the American Epilepsy Society, has been a

neurologist for more than 25 years. In Ohio, where Privitera currently lives, marijuana is still

criminalized, like in Texas, and still resides under the federal law, which classifies the plant as a

schedule I drug along with heroine and LSD. Schedule I drugs are considered to have no

medicinal or other beneficial qualities.

“Marijuana is actually limited by the DEA at a higher more restricted level than even

methamphetamine,” Privitera said. “That’s the biggest limitation right now is that the DEA

scheduling of marijuana is way out of proportion to what it should be and it’s limiting valuable

research.”

Due to the lack of medical research, Privitera said he feels marijuana should be

considered an alternative medication for epilepsy only when other pharmaceutical options have

failed. So far, no rigorous clinical trials have been conducted yet but the Epilepsy Foundation of

Colorado estimates that one-quarter of children with epilepsy have had dramatic improvement

after taking the CBD strain of marijuana and about another 50 percent have had some

improvement.

“When you really look at a sequential series of patients it’s certainly not a miracle cure,”

Privitera said. “There are risks when using medical marijuana because, unlike other drugs, you

don’t know how many milligrams you are getting.”

Although medical marijuana is still in the experimental phase, some do see it as a

potential cure. Adam Benton’s 4-year-old daughter, Addyson, was diagnosed with a form of

epilepsy that caused her to have up to 100 seizures per day. The Bentons tried dozens of

pharmaceutical medicines but all of them failed to control her condition and because of the

constant seizures Addyson’s mental development was highly delayed.

“We were running out of options. There were only two medications that we were left

with and the side effects for those were really bad,” Benton said. “One of them had a thirty

percent chance of causing glaucoma and the other one had a chance of causing sudden death.”

After exhausting all of their options, the Bentons decided to move from Cincinnati, Ohio

to Colorado to try medical marijuana treatment and see if it would help control Addyson’s

seizures. Currently Addyson is using a transdermal patch that slowly releases concentrated

amounts of THCA into her system.

“Her quality of life now is like night and day. We couldn’t go a few minutes in Ohio

without her having a seizure and now she’s down into the single digits,” Benton said.

Not only were Addyson’s seizures reduced but also her cognitive functioning started to

increase.

“Two Sundays ago she said her name for the first time. Since we’ve been out here she

can say ‘I love you mama’ and ‘I love you dada’.” Benson said. “You can also give her an option

of something and she’ll pick whichever one she wants and she never did that before.”

Benson also said he feels society should stop considering marijuana as a gateway drug

because it is causing people to be fearful of medical marijuana treatment especially in children.

“Marijuana has never killed anybody especially THCA by itself and even if we had to

add in a little bit of THC or CBD oil I would feel way more comfortable with doing that than

giving her another pharmaceutical drug,” Benton said.

There are also other disorders, such as autism, where medical marijuana might be a viable

treatment. Although there is no evidence that medical marijuana can effectively treat autism, it

could help with certain elements of the disorder such as decreased appetite and hyperactivity.

Brandi Brown, the mother of a 5-year-old autistic child named Eli, said if medical

marijuana was legal in Texas she would let him try it when he was a little older. Currently, Eli

takes fluoxetine to stabilize his mood, Strattera to control his Attention Deficit Hyperactivity

Disorder, Lorazepam to help with his anxiety and Miralax for digestive issues daily. Brown said

she believes this concoction of medications is helping him but it did take some time to find the

right combination of drugs and he is still not able to speak.

“At first we put him on Concerta and he had a negative reaction as if he was on speed,”

Brown said. “I had to take him to the emergency room so they could give him a shot to calm him

down.”

Brown said she feels medical marijuana could improve his ADHD and also his lack of

appetite but is satisfied with the medications that he is currently taking.

Val Kalnins, the executive director at Colorado Pharmacists Society, has been a

pharmacist since 1975 and said he believes medical marijuana might also influence the drug

educational program.

“When I received my degree, marijuana was a schedule I drug, and it still is, indicating

there was no medical purpose of marijuana and could not be dispensed by pharmacists,” Kalnins

said. “The curriculum to get the degree will now probably incorporate the medical effects of

marijuana.”

Kalnins said he thinks it is important to incorporate marijuana into the program for

educational purposes but he does not believe that the plant will totally replace any

pharmaceutical medications.

“It is not taking the place of any prescribed medications on a legitimate doctor approved

basis and is only being used as an adjunct therapy,” Kalnins said.

But legalizing marijuana for medical purposes is just half of what this bill would

accomplish. It would also legalize the recreational use of the plant.

Although marijuana does have medicinal properties, there are still risks associated with

using marijuana on a regular basis. According to the National Institute on Drug Abuse, there are

both serious short-term and long-term effects of using any type of marijuana habitually. These

side effects include but are not limited to changes in mood, difficulty in problem solving,

breathing issues and increased heart rate.

Timothy Rubio, a 22-year-old native Texan who moved to Colorado two years ago, has

used marijuana recreationally since he was 13 years old. He has not noticed any severe negative

effects but does have issues with memory and concentration while under the influence.

“I use marijuana because it has a way of simultaneously being a fun activity, a good way

to socialize and get to know people better, and it is a safe alternative to pretty much anything and

everything out there,” Rubio said.

Rubio believes that Texas should follow in Colorado’s footsteps and legalize marijuana

to help reduce the negative effects of criminal activity.

“The legalization is absolutely helping in my opinion. I found the harsh marijuana laws

of Texas did little but turn it into a criminal enterprise. Crime isn't committed over marijuana

here in Colorado and I haven't bought from a dealer since I moved here, because there really

aren't any,” Rubio said. “While in Texas I had the misfortune of constantly worrying about

getting ripped off, and even saw a friend of mine's house held up at gun point all over marijuana

and it's simply because it's illegal.”

Although both medical and recreational use of marijuana are very controversial, House

Bill 2165 could still pass in this legislative session, most likely with quite a few changes but

Texas is definitely moving towards some sort of legislation related to legalization and

decriminalization of marijuana in the near future.

Marijuana Compounds & Uses

THCA: Is the cannabinoid that is turned into THC during the drying or burning process. THCA is non-psychoactive and can be metabolized in much larger doses than THC.

THC: Is the cannabinoid that gives the sensation of being “high” and is typically used for recreational purposes. However, THC can also be used for certain less serious ailments such as appetite loss andinsomnia.

CBC: Is the cannabinoid that enhances the effects of THC and can even be used as a sedative.

CBD: Is the cannabinoid that reduces the psychological effects of marijuana. CBD is often used to target ailments that greatly affect the physical body.

CBG: Is the cannabinoid that is least likely to be found in marijuana. CBG is one of the oldest forms of cannabinoids and essentially a “parent” to the other cannabinoids that are found in higher levels in marijuana today.

CBN: Is the cannabinoid that is created when THC is exposed to light and oxygen. It is known to have some mild psychoactive effects and also increases the effects of THC.

Note: Information for this info graphic was taken from Americans for Safe Access and United Patients Group. Data is based on current studies and is not entirely definitive due to lack of research.