HB3703 without a doubt added more conditions and increased the access of the Texas Compassionate Use Program to many more residents in the state of Texas. It didn’t expand completely to the patients that are still suffering from things such as non-terminal cancer, PTSD, and chronic pain to name a few. It also did not raise the THC caps, both of which are abhorrent in their own right.

Finding a provider that will address these new conditions is still tough for the patients added during this legislative session. Not many providers have been added and the house bill removed providers unless they want to be publicly searchable in the registry. Then if you do find one, you have to make sure they will take your insurance or pay a large out of pocket cost to see them. Then you’re waiting. (Pediatric) Neurologists are already in short stock and ones in the program are even shorter. You’ll be waiting for some time to see the specialist.

Listen, I’m not the one to get it the way of a treatment that is working for you with your conditions.

N.P. at Victory Medical Austin

So you’ve made it past the hurdle of seeing the doctor, and they are putting your name in the registry to pick up your medicinal cannabis exclusive to the TCUP program. How much are you gonna pay for a month’s supply of daily or even bi-hourly dosages? $400 up to $1000? You’d expect for a $1000 that your medicine would be the best right? Sadly, for the chemical of interest, THC, you are only getting 0.2% more in what is colloquially considered a CBD or glorified hemp program.

From information ascertained this past week from my own investigating, if you did pay $1k for in Texas for 32ml of hemp oil extract, you may have paid almost $800 more than needed, just for 0.2% more THC. “How is this even so?” one may ask if they haven’t been introduced to the world of the Texas Cannabis scene.

Here’s where my story starts, to explain why TCUP has failed completely. Since the beginning of 2019, Victory Medical Pharmacy, attached to Victory Medical’s (VM) main clinic in Austin, TX, has been selling GrassRoots Harvest (Disclaimer: GRH has not paid either Educating Texans, Texas Cannabis Collective, or myself for ads or this article) hemp and CBD products along with other companies CBD products as over the counter supplements. These were items that were approved under the 2014 Farm Bill, but still posed a problem as hemp was still scheduled in some states such as Texas.

You do understand that this can make it possible that you can pop positive on a drug test correct? Some say it will, some say it won’t, I just want to be clear with that and that you understand that possibility.”

N.P. at Victory Medical Austin

Recently with the descheduling of hemp via the 2018 Farm Bill, the issue of it being a controlled substance technically existed no more. That isn’t stopping inept police departments and district attorneys from trying to throw people in jail, while they wait for a lab test they cannot manage to get a hold of an say they are not capable of performing. It also doesn’t stop that minor amount of THC found in the product from causing a positive test result in a drug test.

An actual legal prescription is needed to claim a defense for having what a drug test identifies as a controlled substance in your system, whether it is or is not an actual controlled substance. TCUP cannabis is not a legal prescription as it still federally illegal under the classification of marijuana.

I can’t say that the hemp oil is going to cure anything or resolve any health issues because it’s not FDA approved to do so.

N.P. at Victory Medical Austin

So I asked the pharmacy if since they sell the product over the counter, and since it’s not a controlled substance anymore, if there was a doctor or N.P. available in the clinic that has or is willing to prescribe it to patients. I was told that there was a doctor there that was willing to prescribe the hemp oil. So I made an appointment. Luckily the clinic takes a lot of insurances and also has cash rates available upon request, and I saw the N.P. about 5 days later with no out of pocket cost, completely covered by my insurances.

I brought in a printout of the list of disabilities I’m rated for with the VA (if you saw the number of joints and cause you would probably cry), and medications I have been prescribed for pain and muscle spasms in the past by the VA clinic, Victory Medical and emergency rooms. I wanted to have enough information and anything that may not be in my record with VM.

I met with the nurses before hand to discuss why I was there to be seen, they agreed that what I was wanting was an option the N.P. would be willing to explore and go over with me. Not long after, the N.P. came into the room to discuss this with me. I told her I had used CBD in the past as a vaping option, to which she asked if I stopped when I heard about the issues with black market cartridges and cannabis vaping issues. I confirmed that as part of the reason, along with not wanting to vape in general anymore. As well, I was concerned about taking a product and having a positive test result for THC at any clinic without having a valid prescription to cover it. And that since it is descheduled I felt that someone should be able to now prescribe me an OTC supplement to make sure I’m covered.

The reply I got stunned me for a second, “Listen, I’m not the one to get it the way of a treatment that is working for you with your conditions. I can’t say that the hemp oil is going to cure anything or resolve any health issues because it’s not FDA approved to do so. You do understand that this can make it possible that you can pop positive on a drug test correct? Some say it will, some say it won’t, I just want to be clear with that and that you understand that possibility.”

I responded that I understood that and that the reason I wanted it prescribed from here on out was so that I was covered in case that ever happens, whether it be the VA, a possible DFPS case, or even the very clinic I was in at the moment doing a drug test.

“Well I’m glad you’re being smart about it and taking this measure to keep yourself out of trouble with this as a medication. Do you have a product in mind that you have been using and want to use for you prescription?” the N.P. asked of me.

I told her that I would just be using the GRH hemp oil extract 1500mg bottle that was stocked it the pharmacy as I was not sure if I could pick an outside source. The reply I was given was that solution works best for the pharmacy when it comes to placing the prescription label on the bottle, as it is a product they are familiar with.

Later that day I came back to pick up the bottle that costs me $95 with no tax because it was prescribed instead of just being an OTC supplement. The pharmacist gave me the same drug test warning, I told her the same thing I said to the doctor and she agreed that the prescription “makes the THC content a moot point.”

If this is the case for hemp and it’s extracts now, why would most people bother to go through the process for an additional 0.2% THC content? All those hoops and hurdles, plus added cost because of the state licensing requirements for dispensaries.

If you know people in need, feel free to share this story with them so they know it can be done, they just have to try to find a provider willing to prescribe, because Victory Medical will ship prescriptions for you if you ask.