Medical Use of Marijuana in Texas: An Analysis of the Pros and Cons
Introduction
The debate around legalizing and regulating medical marijuana continues to evolve across the United States as more states adopt medical cannabis programs. Texas remains one of the conservative holdouts, only legalizing low-THC cannabis for medical purposes in 2015 for patients with intractable epilepsy. However, as public opinion shifts and surrounding states implement broader medical marijuana laws, Texas lawmakers have signaled a willingness to consider expanding the Compassionate Use Act. This paper aims to provide an objective analysis of the key pros and cons of legalizing medical cannabis in Texas based on available research data.
Background on Texas Marijuana Laws
Currently, possession of any amount of marijuana is illegal under Texas law and considered a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.[1] However, prosecutors have discretion over charging decisions and in practice many urban areas like Austin, Dallas, El Paso and Houston have decriminalized small amounts of marijuana through non-prosecution policies.[2]
In 2015, Texas passed the Compassionate Use Act legalizing low-THC cannabis products containing less than 0.5% THC for patients with intractable epilepsy.[3] This law was later expanded in 2019 to allow cannabis with higher THC levels up to 5% and to include patients with multiple sclerosis or spasticity.[4] However, the state has yet to establish licensing or regulations for medical marijuana cultivation and distribution. As a result, there is currently no legal way for patients to access medical cannabis within Texas borders.[5]
Potential Pros of a Broader Medical Marijuana Program in Texas
Improved Patient Access and Affordability
By establishing a regulated medical marijuana program, Texas could provide safe and affordable access to cannabis for qualifying patients. Currently patients must travel out of state or rely on expensive black market products. With an in-state regulated system, patients would have access to a variety of cannabis strains and formats tailored to their specific conditions at competitive market prices.[6]
Reduced Opioid Dependency and Overdose
Cannabis has shown promise as an alternative to opioids for pain management and treatment of conditions like chronic pain, PTSD and epilepsy.[7] By providing medical marijuana as an option, Texas could help curb rising rates of opioid abuse, overdose and associated healthcare costs. A 2018 study found medical cannabis laws are associated with significantly lower opioid prescribing rates and reductions in opioid overdose deaths.[8]
Increased Tax Revenue and Jobs
Regulating and taxing the medical marijuana industry would generate new tax revenue for Texas. Neighboring states like Oklahoma have earned over $39 million in tax collections from medical cannabis sales in 2020 alone.[9] The industry also supports jobs for cultivators, dispensaries, laboratories and ancillary businesses. One analysis projects a medical marijuana program could create over 24,000 full-time jobs in Texas by 2025.[10]
Alignment with Public Support
Public opinion polls consistently show a strong majority of Texans, around 65-70%, support legalizing medical marijuana.[11] By establishing a regulated program, Texas lawmakers would align state policy with the views of most residents. This could help address concerns that current laws criminalize patients seeking relief and do not reflect modern social values.
Potential Cons of a Broader Medical Marijuana Program
Potential Health Risks and Unknown Long-Term Effects
While cannabis may provide relief for some conditions, smoking or vaping marijuana still carries respiratory health risks. There are also also also concerns about potential cognitive or mental health impacts from long-term cannabis use, especially among minors or those with pre-existing conditions.[12] More research is still needed to fully understand health tradeoffs, appropriate dosages and drug interactions.
Potential Diversion to Recreational Use
Some worry that expanding medical marijuana access could enable diversion of legal cannabis to recreational markets. However, states with medical programs have implemented strict regulations including patient ID cards, seed-to-sale tracking, testing requirements and home cultivation limits to prevent diversion.[13] Proper enforcement would be needed to minimize abuse of a medical system.
Potential Increased Impaired Driving
Legalizing medical marijuana could increase risks of impaired driving if not properly regulated. However, studies on crash risk associated with cannabis have been mixed.[14] Many medical marijuana states have addressed this by setting per se THC limits similar to blood alcohol content restrictions for DUI enforcement.[15] Public education would also help minimize risks.
Potential Industry Lobbying and Commercialization
As with any new regulated industry, medical marijuana businesses could engage in lobbying to influence laws and rules in ways that do not necessarily prioritize public health. States need strong regulatory frameworks and oversight to prevent potential commercialization of the medical program.[16] Strict conflict of interest policies for policymakers would also help address this concern.
Conclusion
While uncertainties remain, the potential benefits of a regulated medical marijuana program in Texas including improved patient access, reduced opioid dependency and increased tax revenue/jobs appear to outweigh the risks if properly implemented and enforced. As research progresses, Texas would be well-served to continue evaluating how medical cannabis could help patients and generate economic opportunity, especially for those suffering from conditions like chronic pain, PTSD, epilepsy and multiple sclerosis. Overall public support also indicates reforming marijuana laws to allow for medical use under a doctor’s supervision aligns with modern social values in the state.
References
Texas Penal Code ยง 48.04. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.48.htm
Texas Criminal Justice Coalition. Marijuana in Texas: The 2019 Policy Guide. https://www.texascjc.org/system/files/publications/Marijuana%20in%20Texas%202019.pdf
Texas Health and Safety Code Chapter 487. https://statutes.capitol.texas.gov/Docs/HS/htm/HS.487.htm
Texas Senate Bill 339. https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB339
Marijuana Policy Project. Medical Marijuana: Texas. https://www.mpp.org/states/texas/
NuggMD. The Pros and Cons of Getting a Medical Card in Texas. https://www.nuggmd.com/blog/mmj-card-pros-cons
Verywell Health. What are the Pros and Cons of Medical Marijuana? https://www.verywellhealth.com/what-are-the-pros-and-cons-of-medical-marijuana-1132484
Bradford AC, Bradford WD. Medical Marijuana Laws Reduce Prescription Medication Use In Medicare Part D. Health Affairs. 2018;37(7):1230-1236. doi:10.1377/hlthaff.2018.00517.
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