82R1263 GCB-D
 
  By: Naishtat H.B. No. 1491
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the medical use of marihuana.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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) 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 2.  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 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
  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.
         SECTION 4.  This Act takes effect September 1, 2011.