烟雾与镜子:德克萨斯州同情使用大麻的障碍

Cielo Fortin-Camacho
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引用次数: 0

摘要

去年的总统竞选是近几十年来最具戏剧性和最不可预测的总统选举之一。随着各党派的竞选活动成为全国各地家庭讨论的话题,大麻也成为了热门话题。这次选举是主流候选人首次公开支持结束联邦大麻禁令的总统竞选。在2016年11月8日的大选之夜,各党派候选人展开了激烈的角逐,最大的赢家似乎是大麻。当天晚上,9个州就大麻相关措施进行了投票,其中4个与医用大麻有关,5个呼吁娱乐用途,其中8个通过了。今天,超过一半的国家有全面的医用大麻法律,五分之一的美国人生活在21岁及以上的成年人可以合法消费娱乐性大麻的地方。第84届立法会议在德克萨斯州的大麻监管运动中具有历史意义,其中有五项法案提议减轻对拥有大麻的处罚,另有四项法案提议提供合法获得医用大麻的途径。然而,只有一项法案被签署成为法律,倡导者担心该项目可能很快就会被证明是无效的。目前,在19个没有合法获取大麻的州中,德州仍然是最大的少数族裔。2015年6月,德克萨斯州共和党州长格雷格·阿博特签署了《德克萨斯州同情使用法案》,允许为顽固性癫痫患者开具低thc大麻(“CBD”)处方。在签署该法案之前,阿博特强调,它不会为更广泛的大麻合法化打开大门,但会“为那些遭受持续癫痫发作折磨的儿童提供治疗和希望”。然而,批评人士警告说,该法案“行不通”,主要是指它要求医生“开”CBD给病人治疗,这在联邦政府是非法的,不太可能吸引医生参与该计划。从那时起,行政法规和拟议的规则修正案使法律的潜力进一步复杂化。本文指出了该法律的缺点,并最终建议德克萨斯州立法者重新召开会议,修改法律的措辞,并建议规则制定者恢复到2015年12月提出的规则。本文第一部分阐述了该法律的历史沿革和立法意图。第二部分简要介绍了该法的基本结构和目的。第三部分讨论了法律生效的经济障碍,重点是不合理的安全标准、市场潜力和将成本转嫁给危重病人的负担。第四部分论述了制约该法案生效的刑事障碍,重点论述了行政种子来源要求、时效要求和法律登记程序。
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Smoke and Mirrors: Barriers to Compassionate-Use of Marijuana in Texas
Last year’s presidential campaign marked one of the most dramatic and unpredictable presidential elections in recent decades. As each party’s campaign became a topic of discussion for families across the country, so did marijuana, with the election marking the first presidential campaign where mainstream candidates openly endorsed ending federal marijuana prohibition. As party candidates battled it out election night — November 8, 2016 — the biggest winner seemed to be marijuana. Nine states voted on marijuana-related measures that night — four related to medical marijuana and five calling for recreational use — eight of them passed. Today, over half of the country has comprehensive medical marijuana laws and one fifth of Americans live somewhere where adults twenty-one and older can legally consume recreational marijuana. The 84th Legislative Session was historic in the movement to regulate marijuana in Texas, with five bills proposed to reduce penalties for possession of marijuana and four additional bills proposed to provide legal access to medical marijuana. Only one bill was signed into law, however, and advocates worry the program may soon prove ineffective. For now, Texans remain among the minority as the largest of nineteen states without legal access to marijuana. In June of 2015, Texas Republican Governor Greg Abbot signed into law the Texas Compassionate-Use Act, allowing for the prescription of low-THC marijuana (“CBD”) to patients with intractable epilepsy. Before signing the bill, Abbot emphasized it would not open the door for broader marijuana legalization, but would “provide healing and hope for children that are afflicted by unrelenting seizures.” Critics, however, warned the bill was “unworkable” as enacted, pointing predominantly to its requirement that doctor’s ‘prescribe’ the CBD treatment its patients, which is federally illegal and unlikely to entice physicians to participate in the program. Since then, administrative rules and proposed amendments to the rules have further complicated the law’s potential. This article identifies the law’s shortcomings and ultimately suggest for Texas legislators reconvene to amend the law’s wording and for rule-makers to revert back to the rules proposed in December of 2015. Part I of this article describes the law’s history and legislative intent. Part II briefly describes the law’s basic structure and purpose. Part III discusses the financial barriers to the laws effectiveness, focusing on unreasonable security standards, market potential, and the burden of passing cost down to critically ill patients. Part IV discusses the criminal barriers to the Act’s effectiveness, focusing on the administrative seed sourcing requirements, the prescription requirement, and the law’s registry program.
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