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Amend SB 1879 on third reading by adding the following
appropriately numbered SECTIONS to the bill and renumbering
subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 481.121, Health and Safety Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) It is an affirmative defense to prosecution under
Subsection (a) for the possession of marihuana that the person
possessed the marihuana as a patient of a physician licensed to
practice medicine in this state pursuant to the recommendation of
that physician for the amelioration of the symptoms or effects of a
bona fide medical condition.
(d) An agency, including a law enforcement agency, of this
state or a political subdivision of this state may not initiate an
administrative, civil, or criminal investigation into a physician
licensed to practice medicine in this state on the ground that the
physician discussed marihuana as a treatment option with a patient
of the physician or made a written or oral statement that, in the
physician's opinion, the potential benefits of marihuana would
likely outweigh the health risks for a particular patient.
SECTION ____. Subchapter B, Chapter 164, Occupations Code,
is amended by adding Section 164.0525 to read as follows:
Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may
not be denied any right or privilege or be subject to any
disciplinary action solely for making a written or oral statement
that, in the physician's professional opinion, the potential
benefits of marihuana would likely outweigh the health risks for a
particular patient.
SECTION ____. The change in law made by this Act to Section
481.121, Health and Safety Code, 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 covered by the
law in effect when 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 was committed before that date.