This past Monday the state of Texas issued three provisional permits to grow low THC marijuana to be used in the production of CBD oil for Texas patients with intractable epilepsy.

The Medical Cannabis Association of Texas, (MCAT), an industry group, has announced that they plan to file a legal challenge against the State of Texas to issue additional permits to produce the CBD oil needed by Texans with epilepsy.

Keith Oakley, Director of MCAT, says that his group believes that the state violated state law during the rule making process, and the selection process.

“We believe that the decision to issue only three permits was done capriciously and without following state law” Oakley said. “With only three permits for the entire state of Texas and the onerous regulations set forth by the Texas Department of Public Safety, (DPS), we feel that the patients who need this life changing medicine will not receive the help they so desperately need.”

He says that he feels that the mandate of the Legislature to provide epileptic patients in Texas access to CBD oil have been thwarted and that the program in its current form is destined to fail. 

“We will be fighting on behalf of our members to see that the wishes of the legislature are indeed met.” Oakley said. “Our ultimate goal is to see the Compassionate Use Act implemented in a fair manner in accordance with state law so Texans who qualify can receive this medicine.”

The move was authorized two years ago by the Texas Legislature through passage of the Compassionate Use Act. The legislation assigned the task to DPS to design and administer the program and to issue the permits.

There were 43 companies who applied for permits, many of whom were Texas based.  The three permits issued were to companies with operations in other states.