Although the Texas Legislature lacked the guts in 2015 to pass a comprehensive medical marijuana program that would have allowed patients from across the board to have access to an effective treatment option, state lawmakers did manage to put their seal of approval on a piece of flimsy legislation designed to eventually allow those suffering from epilepsy to get their hands on low-THC cannabis oil.
However, the state’s toe-in-the-water approach to medical marijuana was flawed in the way the law was written, which history has shown will inevitably cripple the program before it ever gets out of the gate. Basically, before Governor Greg Abbott put his signature on the Compassionate Use Act, lawmakers failed to take into consideration that the language would force physicians across the state to break federal law by “prescribing” cannabis oil rather than offering recommendations.
And while this blunder in the law’s verbiage may sound like a small detail, it is actually kryptonite for those medical professionals not wishing to continue their career from inside a federal penitentiary. The Controlled Substances Act strictly prohibits doctors from prescribing marijuana for medical use, but they have the right to recommend the herb to patients in states where it is legal, under protections established by the First Amendment.
In 1991, Louisiana legalized medical marijuana, but not a single patient was ever able to utilize the program — not a single gram of weed was ever dispersed — simply because the law was written using the word “prescribe” rather suggesting some…