The Texas Legislature has sent a bill allowing CBD treatments for some epilepsy patients to Gov. Greg Abbott. This is the very first marijuana legislation to make it through both the state’s Senate and House. Despite its historic nature, the bill’s wording may make it worthless for patients.

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The bill, SB 339, is designed to allow CBD oil for patients with intractable epilepsy.  Critics say the bill won’t help patients access this medicine, though, because doctors will be required to “prescribe” the cannabis extract formally rather than recommend MMJ or certify patients’ applications for MMJ cards as is allowed in most other MMJ states.

The key: Physicians are not legally allowed to prescribe drugs that are federally illegal, though recommendations and certifications are allowed as free speech.

Despite the fact that the bill is unlikely to help patients (if the governor even signs it), local advocacy groups have said even the smallest step forward is still a step to establishing an MMJ industry in the state. Texas legislators are famously less-than-friendly to marijuana.