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March 21, 2021

Legal "medical" marijuana coming to Texas via Oklahoma?

Via the Dallas Observer, the OK Lege wants to open its medical marijuana program to residents of all 50 states. That really means the program, widely considered the loosest in the nation, is targeting Texas, widely regarded as among the strictest.

Here's some key takeaways, starting with a direct quote:

A qualifying medical condition is not required for a nonresident medical marijuana patient license. The Authority may contact the recommending physician of an applicant for a nonresident medical marijuana patient license to verify the need of the applicant for the license.

Cost is $200 for a two-year license. No restrictions otherwise apply to non-residence licenses.

The bill would also establish a marijuana license for caregivers.

As I read the details, I am not sure whether Texas red-asses on pot would have too big a leg to stand on. It would be Oklahoma-granted licenses for out-of-state people. The "full faith and credit" clause of the Constitution says Texas would have to respect these licenses. The "interstate commerce" clause is more murky. Can having an Oklahoma medical license override Texas' personal possession laws? Probably not. So, posessors of such licenses would need to be careful when crossing back over the Red, or coming into the Panhandle.

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