Jack Stinnett received life-changing news in 2020 when he discovered a lump on the side of his neck was cancer of his tongue and mouth. He and his wife, Karen, immediately enrolled him at MD Anderson Cancer Center in Houston, where he underwent five and a half rounds of chemotherapy and 33 rounds of radiation.
During this time, Stinnett, a Marble Falls resident, went from being a reasonably healthy 60-year-old who rode his bike more than 90 miles a day to losing his appetite and taste and losing more than 100 pounds.
Stinnett then obtained a prescription for medical marijuana for nerve pain caused by cancer treatment and found the relief she needed.
“It has helped improve my appetite and sleep. In my opinion, this compassionate care method is uniquely helpful,” he said. “All we need is for politicians to get out of the way.”
While stories like this demonstrate the success of Texas’ compassionate use program, the program is facing its worst existential crisis since its inception in 2015. Strict rules about who is eligible, what products can be sold, and where they can be stored have made unregulated hemp products such as Delta-8 and the more potent Delta-9 less accessible. Demand continues to increase since then.
A potential showdown is brewing between Texas’ medical marijuana market and the cannabis industry, with both sides asking lawmakers to decide their future.
States such as Colorado and California, where both medical and recreational cannabis are legal, have introduced regulations on hemp products as a way to limit access to them and hold the industry further accountable for health and safety. is being strengthened.
After the 2019 agricultural hemp bill helped open up Texas’ hemp industry, state Sen. Charles Perry is now opening up the industry again, saying it was never his intention to legalize cannabis-like products. I’m trying to close it down. He proposed a complete ban on the consumer hemp market at a State Affairs Committee hearing last week.
“‘If you can’t regulate it, manage it, and enforce it, you just won’t allow it to happen,'” Perry said.
Perry and other lawmakers are particularly interested in regulating consumable THC products that come in beverage form. This makes it very difficult for parents, teachers, law enforcement, etc. to tell the difference between a regular drink and a drink infused with THC.
Lieutenant Governor Dan Patrick gave senators a list of legislative directives for the upcoming legislative session, the primary goal of which is banning Delta-8 products. He urges the state to investigate the sale of intoxicating hemp products in Texas, make recommendations to regulate the sale of these products, and propose legislation to prevent retailers from selling these products to children. It was proposed to the members of parliament.
The Texas Department of State Health Services also filed a lawsuit in August in state Supreme Court to classify Delta-8 as an illegal drug. Although the lawsuit is pending, buying and selling Delta-8 remains legal.
Texas’ cannabis industry has argued in court that Delta 8’s high prices are minimal and that banning Delta 8 and Delta 9 products would irreparably harm the industry and the state’s economy.
“The prohibition and overreach of cannabis-derived cannabinoids proposed by Lt. Governor Dan Patrick and others would have an economic impact of $8 billion, pay $1.6 billion in annual wages, and support more than 50,000 workers. “It’s going to have a negative impact on the hemp industry,” said Lucas Gilkey, CEO and co-founder of Hometown Hero, which is suing the state and defending the hemp industry in state Supreme Court. Ta.
Hemp conundrum
David Bass, a retired U.S. Army veteran diagnosed with PTSD, is a proud user of the Compassionate Use Program and has advocated for benefits for veterans. Still, his organization, the Medical Cannabis Texas Veterans Association, said it remains neutral on the Delta-8 ban because of the number of veterans using it.
“Of course, the typical consumer recognizes it in their mind as the same product. And if it’s cheaper, more available, and just as effective, I can’t blame anyone. “We can’t do that,” Bass said.
Although science does not distinguish between hemp and marijuana, the law does. The term “hemp” is used to mean cannabis containing up to 0.3% THC content by dry weight. Legally, illegal marijuana is cannabis with a THC content of more than 0.3% by dry weight.
Most smokable hemp products, such as flower and vape cartridges containing CBD, THCA, and Delta-8, are legal to purchase and use. The latter is similar in appearance, taste, and sometimes intoxicating effects to its more potent sibling, marijuana, and has no age restrictions, lax and inconsistent testing requirements, and fewer licenses allowed within states. There is no limit to the number of
Thousands of retail cannabis dispensaries are opening in Texas after the 2019 Agricultural Hemp Act opened up the state’s cannabis industry and created a massive new consumer cannabis market in Texas. The number of stores increased one by one.
Texas currently has more than 7,000 registered consumable hemp retail outlets, including gas stations, storefronts, bars, coffee shops, strip malls, and mobile trailers, which sell gummies containing low doses of tetrahydrocannabinol (THC). , sells candy, beverages, and smokable items. Psychoactive component of marijuana.
Meanwhile, three clinics serve the entire state.
Bass said thousands of Texas veterans are currently using hemp products, choosing them over compassionate use programs because they are more readily available and cheaper. He said some organizations, like Hometown Heroes, are installing Delta 8 vending machines at Veterans of Foreign Wars facilities, but this is because so many people in this population are struggling with their mental health. He said this is because he uses Delta 8 products to treat.
“Medical cannabis programs are highly regulated, drugs are more expensive than cannabis products, you have to get a prescription and renew it every six months, and you have to drive all the way to a dispensary, which is very burdensome. “Take on the challenge,” he said.
The federal Food and Drug Administration warns of adverse health effects from unregulated hemp products, including hallucinations, vomiting, anxiety and loss of consciousness, and says they are not a safe substitute for marijuana.
In 2021, the Texas Department of State Health Services attempted to classify Delta-8 as an illegal drug and ban it.
However, cannabis growers have filed an injunction against the state, resulting in a lawsuit moving forward in court.
Bass said that although it was never Texas’ intention for substances like legal marijuana to be sold to the public, it is now being used by veterans to treat conditions such as PTSD and chronic pain. He said there are a thousand cannabis products and that is also a possibility. It’s a long way from going back.
“They say these products are completely safe, they’ve never had a bad experience with this, and they’re effective,” Basu said of users’ experiences.
The ban would also affect farmers who grow cannabis, people who process cannabis into Delta-8, and stores that sell cannabis. According to a study by the Texas Hemp Business Council, these products have an annual economic impact of $8 billion in Texas.
Overly regulated programs
On September 11, 2001, Sean Collins’ world changed forever when he witnessed the collapse of the Twin Towers. He worked near the Empire State Building, about three miles from ground zero, and went home for work that day. The scars of the tragedy remained with Collins for decades.
Collins, who now lives in Austin, has battled undiagnosed PTSD and sleepless nights for years while trying to support her family. In recent years, he soothed himself with alcohol and coffee until he got a prescription for medical marijuana.
“This is a miracle drug. It was literally life-changing,” Collins said, adding that he had researched delta-8 but had never tried it. “I would encourage anyone who may have a stigma[against medical marijuana]to talk to a therapist and have them educate you on the benefits.”
Gervonne Singletary, community relations manager for Austin medical cannabis company Goodblend, said Texas is at a critical juncture for compassionate use programs because it’s not seeing as many patients as industry officials expected. He said there is.
“There are a lot of regulatory hurdles in the industry that make it easier for people to enter the Delta 8 and Delta 9 market,” Singletary said. “Currently, we’re kind of tied behind our backs in terms of what we can offer, and that creates a bit of an unfair competition between us and the producers of Delta-8 and Delta-9. ”
Nico Richardson, CEO of Cedar Park medical marijuana dispensary Texas Original, said many patients also want smokable products and can only offer edible or petroleum-based alternatives. Ta. This has led to a significant drop in the number of patients, he said.
“It has been a complete train wreck for the state, he said.
In Texas, licensed medical cannabis providers must conduct all operations under one roof, including cannabis cultivation, processing and extraction, manufacturing, testing, and dispensing.
State regulations also prohibit stocking medical cannabis products in multiple locations, so products must be distributed from a central dispensary. Prescriptions scheduled to be picked up outside a central pharmacy require driving to and from the pick-up location every day, sometimes thousands of miles round trip.
Richardson said this is driving up the price of the product and hampering Texas’ small medical marijuana market. Industry leaders fear the health care industry will collapse unless something is done to balance the scales.
Texas is one of about a dozen states that has not legalized widespread use of marijuana in any form. Approximately 12,000 of the approximately 45,000 registered patients are actively participating in the state’s embattled medical marijuana program, the Compassionate Use Program run by the Texas Department of Public Safety. There is also a short list of conditions that qualify residents.
Texans with a variety of conditions, including epilepsy, autism, cancer, and post-traumatic stress disorder, can obtain cannabis oil from marijuana plants that contain less than 1% THC. Medical cannabis can treat the symptoms of these diseases or reduce the side effects of other treatments.
“Doctors estimate that there are currently more than 1.5 million people affected,” Singletary said.
The medical cannabis industry hopes to expand the number of conditions eligible for compassionate use, including anxiety, chronic pain, and other severe physical and mental conditions, while reducing operating costs for medical dispensaries. .
Singletary said one of the best solutions is to expand Texas’ medical marijuana program, which would not only provide a safer, more regulated alternative but also flood the market. He said questionable cannabis product monopolies would also be curtailed.
“We want to talk and work with Congress, and we’re really pleased that there are members of Congress who want to support adding additional conditions to the program,” Singletary said.
Showdown
Medical cannabis industry leaders are now leading the charge to ban or regulate these Delta-8 and Delta-9 products, and lawmakers are listening.
Lawmakers may think this is an easy solution since there are only two options available to veterans: medical marijuana or marijuana, but there is a more ominous alternative that could easily replace both once again. Bass said there are three options and that is the illegal drug market.
“The illegal drug market is large and has been around for many years, so you have to be careful in your decisions,” Bass said.
While the potential new law threatens the Delta 8 industry, business owners told the Texas Tribune they welcome common-sense regulation.
“We’re in the midst of a conversation about hemp, not just in Texas but nationally, and how we can access this plant and ultimately find relief through cannabis products,” said Shaida Torabi, president of the Texas Hemp Association. “It shows us the path to how we can help consumers in need.” The coalition stated earlier this year: “We are watching and waiting to see what happens next.”
However, what is considered a common sense regulation varies from person to person.
“This is going to be a big issue in the upcoming Congress. It doesn’t get as much media attention as, say, school vouchers, but it’s something that lawmakers will discuss and maintain the compassionate use program.” , we hope that some compromise can be made to not curtail hemp at the same time,” Bass said. Said.
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This article was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.
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