SB 339, Hse 2nd Rdg, Amnd #1

(1) In added Section 487.001, Health and Safety Code (page 1, lines 12 through 22), add the following appropriately numbered subdivisions and renumber subsequent subdivisions of that section accordingly:

( ) "Adequate supply" means:

(A) if the department has not specified a different amount by rule, an amount of low-THC cannabis that does not exceed:

(i) 2.5 ounces of low-THC cannabis;

(ii) 20 fluid ounces of a liquid or oil infused with low-THC cannabis; or

(iii) 16 ounces of an edible product infused with low-THC cannabis; or

(B) the amounts determined by department rule, for each form of low-THC cannabis approved by the department, to be not more than reasonably necessary to ensure the uninterrupted availability of low-THC cannabis for a period of 30 days.

( ) "Caregiver" means an individual who:

(A) is 21 years of age or older and is designated by a person for whom low-THC cannabis is recommended under Chapter 169, Occupations Code, or is the parent of a minor for whom low-THC cannabis is recommended under Chapter 169, Occupations Code;

(B) has significant responsibility for managing the well-being of a person for whom low-THC cannabis is recommended under Chapter 169, Occupations Code; and

(2) Strike page 2, line 22 through page 3, line 1, and substitute the following:

recommending physician for a patient under Section 169.004, Occupations Code, the name and date of birth of the patient, and, if applicable, the name of the patient's caregiver; and

(2) a record of each amount of low-THC cannabis dispensed by a dispensing organization to a registered patient or caregiver.

(3) On page 3, strike lines 4 through 8 and substitute the following:

physician from registering as the recommending physician for a single patient;

(2) is accessible to law enforcement agencies and dispensing organizations for the purpose of verifying whether a patient is one for whom low-THC cannabis is recommended and the amount of low-THC cannabis that has been dispensed to the patient;

(4) On page 3, strike line 12 and substitute the following:

low-THC cannabis is recommended under Chapter 169, Occupations Code; and

(4) requires each patient to annually submit a new or renewed recommendation obtained under Chapter 169, Occupations Code, to maintain the patient's registration.

(5) On page 5, line 5, strike "prescribed" and substitute "recommended".

(6) Strike page 6, line 18 through page 7, line 6, and substitute the following:

Sec. 487.107. DUTIES RELATING TO DISPENSING LOW-THC CANNABIS. (a) Before dispensing low-THC cannabis to a patient for whom the low-THC cannabis is recommended under Chapter 169, Occupations Code, or to the patient's caregiver, as applicable, the dispensing organization must verify that:

(1) the patient or caregiver is listed on the compassionate-use registry established under Section 487.054; and

(2) the amount of low-THC cannabis dispensed to the patient or caregiver would not cause the patient to receive more than an adequate supply of low-THC cannabis.

(b) After dispensing low-THC cannabis to a patient for whom low-THC cannabis is recommended under Chapter 169, Occupations Code, or to the patient's caregiver, as applicable, the dispensing organization shall record in the

(7) On page 10, strike lines 14 through 16 and substitute the following:

cannabis is recommended under Chapter 169, Occupations Code, or the patient's caregiver, and the patient has been issued, within the preceding 12 months, a recommendation from a physician qualified to recommend low-THC cannabis under that chapter;

(8) In added Section 481.111(f), Health and Safety Code (page 11, lines 1 through 5), add the following appropriately numbered subdivision and renumber subsequent subdivisions of that subsection accordingly:

( ) "Caregiver" has the meaning assigned by Section 487.001.

(9) On page 11, line 8, strike "PRESCRIBE" and substitute "RECOMMEND".

(10) Strike page 11, line 26 through page 12, line 1, and substitute the following:

administration other than by smoking of an amount of low-THC cannabis that does not exceed an adequate supply by a person for whom low-THC cannabis is recommended under this chapter.

(11) On page 12, strike lines 4 through 8 and substitute the following:

Sec. 169.002. PHYSICIAN QUALIFIED TO RECOMMEND LOW-THC CANNABIS. (a) Only a physician qualified as provided by this section may recommend low-THC cannabis in accordance with this chapter.

(b) A physician is qualified to recommend low-THC cannabis

(12) Strike page 12, line 25 through page 14, line 10, and substitute the following:

Sec. 169.003. RECOMMENDATION OF LOW-THC CANNABIS. A physician described by Section 169.002 may recommend low-THC cannabis to alleviate a patient's seizures if:

(1) the patient is a permanent resident of the state;

(2) the physician complies with the registration requirements of Section 169.004; and

(3) the physician certifies to the department that:

(A) the patient is diagnosed with intractable epilepsy;

(B) the physician determines the risk of the medical use of low-THC cannabis by the patient is reasonable in light of the potential benefit for the patient; and

(C) for a patient younger than 18 years of age, a second physician qualified to recommend low-THC cannabis under Section 169.002 has concurred with the determination under Paragraph B, and the second physician's concurrence is recorded in the patient's medical record.

Sec. 169.004. RECOMMENDING PHYSICIAN REGISTRATION. Before a physician qualified to recommend low-THC cannabis under Section 169.002 may recommend or renew a recommendation for low-THC cannabis for a patient under this chapter, the physician must register as the recommending physician for that patient in the compassionate-use registry maintained by the department under Section 487.054, Health and Safety Code. The physician's registration must indicate:

(1) the physician's name; and

(2) the patient's name and date of birth.

Sec. 169.005. PATIENT TREATMENT PLAN. A physician described by Section 169.002 who recommends low-THC cannabis for a patient's medical use under this chapter, if the patient chooses to use low-THC cannabis, must maintain a patient treatment plan that includes:

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