That would have increased the limit tenfold. Still, some of the Texans who testified that they already self-medicate with illegal marijuana said it was too low.
Legislators in the House agreed to the 5% THC limit, but the Senate cut it back to only 1%.
“I think there are some easy things they can do next session to put power in the hands of doctors and patients,” Finkel said. “That’s allowing the Department of State Health Services to allow petitions, add new conditions, evaluate them and add them on a regular basis. To allow them to deal with dosing, because those are the medical professionals.”
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The law also doubled the THC limit allowable under the program from 0.5% to 1%. THC, or tetrahydrocannabinol, is the ingredient in marijuana that can produce a psychological effect.
That was the same logic behind the move to include all forms of cancer.
It’s another expansion of the state’s medical cannabis law created in 2015. Still, the state’s program remains one of the most restrictive in the country.
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During this year’s legislative session, Texas NORML and other advocates had sought to further amend the bill to include eligibility for chronic pain patients and to raise the THC cap to five percent. House lawmakers agreed to the additional changes, but members of the Senate ultimately removed those provisions from the legislation.
Legislative changes to the state’s limited medical access law went into effect on Wednesday, September 1.
The changes permit physicians to recommend low-THC, high-CBD formulations of cannabis to patients diagnosed with post-traumatic stress and with cancer. The new provisions also increase the percent of THC available in the products from 0.5 percent to one percent.
Because Texas lawmakers only meet every other year, legislators will not consider further legislative revisions to the program until 2023.
Then in 2019, the Texas Legislature passed House Bill 1325, signed by Gov. Greg Abbott, which legalized the production and sale of hemp products, granted that they stay at that 0.3% or less Delta-9 THC level.
At least for now, Millman and fellow CBD retailers are in the clear to keep selling Delta-8 products. But the state is expected to appeal the judge’s ruling.
History of Delta-8 battle
“DSHS modified the Schedule of Controlled Substances in blatant violation of state law through multiple errors and in a manner that failed to properly notify the public of its significant positional change,” the lawsuit alleged.
Texas claims Delta-8 was never legal and offered ‘clarification’ at request of hemp growers
Delta-8 THC, a less potent alternative to marijuana’s Delta-9 THC that has recently come under scrutiny, once again can be legally sold in Texas — for now.