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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical use of marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.121, Health and Safety Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a) that the person possessed the marihuana as a patient |
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of a physician licensed to practice medicine in this state pursuant |
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to the recommendation of that physician for the amelioration of the |
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symptoms or effects of a bona fide medical condition. |
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(d) An agency, including a law enforcement agency, of this |
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state or a political subdivision of this state may not initiate an |
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administrative, civil, or criminal investigation into a physician |
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licensed to practice medicine in this state on the ground that the |
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physician discussed marihuana as a treatment option with a patient |
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of the physician or made a written or oral statement that, in the |
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physician's opinion, the potential benefits of marihuana would |
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likely outweigh the health risks for a particular patient. |
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SECTION 2. Subchapter B, Chapter 164, Occupations Code, is |
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amended by adding Section 164.0525 to read as follows: |
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Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may |
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not be denied any right or privilege or be subject to any |
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disciplinary action solely for making a written or oral statement |
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that, in the physician's professional opinion, the potential |
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benefits of marihuana would likely outweigh the health risks for a |
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particular patient. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2009. |