Naishtat files Texas marijuana bill
January 27, 2005
Texans would be allowed to use marijuana for medicinal purposes under a bill filled by Rep. Elliott Naishtat, D-Austin.
HB 658 would allow doctors to prescribe the herb for patients and allow them a defense in court against prosecution for possessing the plant's leaves.
'There is ample evidence that marijuana is beneficial to people suffering from the chronic and debilitating pain associated with cancer, AIDS and multiple sclerosis,' Naishtat said in a press release.
'It has also been proven effective in alleviating nausea associated with chemotherapy, eye pressure from glaucoma, and muscle spasms from neurological disorders. Under my bill, a patient would have to prove in court that he or she was suffering from a bona fide medical condition, and that a physician had discussed or recommended marijuana as an option to alleviate the symptoms of the medical condition,' Naishtat said.
The bill is not an all-out legalization of the drug. But during prosecution a defendant would be allowed to show evidence of medical necessity.