Motion 9: Legal Medicine Is Not a Crime — My Texas Compassionate Use Status

I am a combat-era Marine veteran with documented PTSD. I have physician documentation under the Texas Compassionate Use Program. Because of that lawful medical treatment, I could test positive for THC — and I should not be thrown back in a cell because a lawful prescription gets mistaken for a crime.

I am not asking to skip supervision. I am asking for one fair thing: verify before you punish.

The motion as filed — page one.

What I'm asking the court to do

• Order Pretrial Services to verify my Texas Compassionate Use status before treating THC as a violation.
• Clarify that a THC-positive test alone is not unlawful drug use if it's consistent with lawful program participation.
• Permit my medical, CURT, and physician records to be submitted under seal or in camera.
• Confirm I remain prohibited from unlawful possession, recreational use, public impairment, or impaired driving.
• Require a hearing before any arrest or revocation over THC, unless there's independent evidence of new criminal conduct or immediate danger.

Why it matters

A man should not be jailed because lawful medical treatment was misunderstood by someone unfamiliar with the program. The court can protect public safety and enforce supervision and recognize the difference between lawful, registry-based medicine and unlawful use. The ask is narrow: verification before punishment.

The law behind it

• U.S. Const. amends. V, VIII, XIV and Tex. Const. art. I, §§ 11, 13, 19 — due process, excessive-bail, and pretrial-liberty protections.
• Tex. Health & Safety Code ch. 487 — the Texas Compassionate Use Program.
• Tex. Occ. Code ch. 169 — physician prescription of low-THC cannabis under Texas law.
• United States v. Salerno, 481 U.S. 739 (1987) — pretrial restrictions must be regulatory and justified.
• Stack v. Boyle, 342 U.S. 1 (1951) — bail cannot be arbitrary or excessive.
• Whalen v. Roe, 429 U.S. 589 (1977) — privacy interests in medical information, with regulated record systems.

The facts, and how I've classified them

• FACT: I have medical documentation listing PTSD.
• FACT / NEEDS AUTHENTICATION: I have physician documentation dated May 28, 2026 stating a PTSD diagnosis and Texas Compassionate Use Program approval.
• RYAN STATEMENT: I expect that lawful medical use may cause THC-positive testing.
• RYAN STATEMENT: My pretrial officer appeared unfamiliar with the Texas Compassionate Use Program.
• NEEDS AUTHENTICATION: Program status should be verified through sealed records, physician documentation, or CURT verification.

My declaration

My name is Ryan Nichols. DOB December 6, 1990. I am the Defendant. Under penalty of perjury (Tex. Civ. Prac. & Rem. Code § 132.001):

• I have documented PTSD.
• I have physician documentation related to Texas Compassionate Use Program approval.
• I may test positive for THC because of lawful medical use.
• I am not asking to avoid supervision; I am asking that lawful medical THC not be treated as unlawful use without verification and a hearing.

Executed June 1, 2026, in Harrison County, Texas. /s/ Ryan Nichols

The exhibits

• EX-014 (PTSD diagnosis record) and EX-015 (physician / Texas Compassionate Use letter) are filed under seal. They are deliberately not shown here or anywhere on this site — my medical records are not for public consumption. The court can verify them privately.

The proposed order

• A THC-positive test, standing alone, shall not be treated as a bond violation if consistent with lawful Texas Compassionate Use Program participation.
• Pretrial Services shall verify the Defendant's lawful medical status before reporting or acting on THC as a violation.
• The Defendant remains required to comply with all other lawful bond conditions.
• Medical, CURT, or physician records may be submitted under seal or in camera if needed.

The bottom line

Verify, then decide. Don't jail a veteran over his prescription.