87R7180 JSC-D
 
  By: Pacheco H.B. No. 1982
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prescription and dispensing of medical cannabis;
  requiring an occupational license; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.111, Health and Safety Code, is
  amended by adding Subsections (g) and (h) to read as follows:
         (g)  Sections 481.113, 481.116, 481.120, 481.121, and
  481.122 do not apply to a person who:
               (1)  is a pharmacist licensed under Subtitle J, Title
  3, Occupations Code, and dispenses medical cannabis at a pharmacy
  licensed under Chapter 560, Occupations Code, under a valid
  prescription;
               (2)  receives medical cannabis dispensed by a
  pharmacist described by Subdivision (1) under a valid prescription;
  or
               (3)  is licensed by the board under Subchapter J to
  cultivate, produce, manufacture, or distribute medical cannabis.
         (h)  For purposes of Subsection (g), "medical cannabis" has
  the meaning assigned by Section 481.401.
         SECTION 2.  Chapter 481, Health and Safety Code, is amended
  by adding Subchapter J to read as follows:
  SUBCHAPTER J. MEDICAL CANNABIS PRESCRIPTIONS
         Sec. 481.401.  DEFINITIONS. In this subchapter:
               (1)  "Edible cannabis products" means medical cannabis
  products that:
                     (A)  contain medical cannabis and other
  ingredients; and
                     (B)  are intended and safe for human consumption.
               (2)  "Medical cannabis" means the plant Cannabis sativa
  L. and any part of that plant or any compound, manufacture, salt,
  derivative, mixture, preparation, resin, or oil of that plant. The
  term includes medical cannabis concentrate and medical cannabis
  products.
               (3)  "Medical cannabis concentrate" means the resin
  extracted from a part of the plant Cannabis sativa L., or a
  compound, manufacture, salt, derivative, mixture, or preparation
  of the resin.
               (4)  "Medical cannabis product" means a product that is
  intended for medical use and that is infused with or contains any
  part of the plant Cannabis sativa L. or a compound, manufacture,
  salt, derivative, mixture, preparation, or oil of that plant. The
  term includes edible cannabis products and other products that
  contain medical cannabis.
         Sec. 481.402.  NONAPPLICABILITY. This subchapter does not
  apply to:
               (1)  low-THC cannabis, as defined by Section 169.001,
  Occupations Code;
               (2)  hemp, as defined by Section 121.001, Agriculture
  Code; or
               (3)  consumable hemp products, as defined by Section
  443.001, Health and Safety Code.
         Sec. 481.403.  DISPENSING MEDICAL CANNABIS. Medical
  cannabis may be dispensed to a patient only by a pharmacist licensed
  under Subtitle J, Title 3, Occupations Code, at a pharmacy licensed
  under Chapter 560, Occupations Code, under a valid prescription.
         Sec. 481.404.  LICENSE. A person may not cultivate,
  produce, manufacture, or distribute medical cannabis without a
  license issued by the board.
         Sec. 481.405.  RULES. The board may adopt rules to implement
  this subchapter, including fees for the issuance and renewal of a
  license issued under Section 481.404.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2021.