|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
SECTION 1. Section
481.062(a), Health and Safety Code, is amended to read as follows:
(a) The following persons
may possess a controlled substance under this chapter without registering
with the Federal Drug Enforcement Administration:
(1) an agent or employee of
a manufacturer, distributor, analyzer, or dispenser of the controlled
substance who is registered with the Federal Drug Enforcement
Administration and acting in the usual course of business or employment;
(2) a common or contract
carrier, a warehouseman, or an employee of a carrier or warehouseman whose
possession of the controlled substance is in the usual course of business
or employment;
(3) an ultimate user or a
person in possession of the controlled substance under a lawful order of a
practitioner or in lawful possession of the controlled substance if it is
listed in Schedule V;
(4) an officer or employee
of this state, another state, a political subdivision of this state or
another state, or the United States who is lawfully engaged in the
enforcement of a law relating to a controlled substance or drug or to a
customs law and authorized to possess the controlled substance in the
discharge of the person's official duties;
(5) if the substance is
tetrahydrocannabinol or one of its derivatives:
(A) a Department of State
Health Services official, a medical school researcher, or a research
program participant possessing the substance as authorized under Subchapter
G; or
(B) a practitioner or an
ultimate user possessing the substance as a participant in a federally
approved therapeutic research program that the commissioner has reviewed
and found, in writing, to contain a medically responsible research
protocol; or
(6)
a person possessing medical cannabis, as defined by Section 169.001,
Occupations Code, who is authorized to possess medical cannabis [dispensing
organization licensed] under Chapter 487 [that possesses low-THC
cannabis].
|
SECTION 1. Section
481.062(a), Health and Safety Code, is amended to read as follows:
(a) The following persons
may possess a controlled substance under this chapter without registering
with the Federal Drug Enforcement Administration:
(1) an agent or employee of
a manufacturer, distributor, analyzer, or dispenser of the controlled
substance who is registered with the Federal Drug Enforcement
Administration and acting in the usual course of business or employment;
(2) a common or contract
carrier, a warehouseman, or an employee of a carrier or warehouseman whose
possession of the controlled substance is in the usual course of business
or employment;
(3) an ultimate user or a
person in possession of the controlled substance under a lawful order of a
practitioner or in lawful possession of the controlled substance if it is
listed in Schedule V;
(4) an officer or employee
of this state, another state, a political subdivision of this state or
another state, or the United States who is lawfully engaged in the
enforcement of a law relating to a controlled substance or drug or to a
customs law and authorized to possess the controlled substance in the
discharge of the person's official duties;
(5) if the substance is
tetrahydrocannabinol or one of its derivatives:
(A) a Department of State
Health Services official, a medical school researcher, or a research
program participant possessing the substance as authorized under Subchapter
G; or
(B) a practitioner or an
ultimate user possessing the substance as a participant in a federally
approved therapeutic research program that the commissioner has reviewed
and found, in writing, to contain a medically responsible research
protocol; or
(6)
a dispensing organization or cannabis testing facility licensed
under Subchapter C, Chapter 487, that possesses medical
[low-THC] cannabis.
|
|
SECTION 2. Sections
481.111(e) and (f), Health and Safety Code, are amended to read as follows:
(e) Sections 481.120,
481.121, 481.122, and 481.125 do not apply to a person who engages in the
acquisition, possession, production, cultivation, delivery, or disposal of
a raw material used in or by-product created by the production or
cultivation of medical [low-THC] cannabis if the person:
(1) for an offense involving
possession only of marihuana or drug paraphernalia, is a cardholder or nonresident cardholder
authorized under Chapter 487 to possess medical cannabis for medical use by
a qualifying patient [for
whom low THC cannabis is prescribed under Chapter 169, Occupations Code,
or the patient's legal guardian,] and the person possesses no more
than the allowable amount of medical [low-THC] cannabis, as
determined under Section 487.081
[obtained under a valid prescription from a dispensing organization];
or
(2) is a director, manager,
or employee of a dispensing organization or cannabis testing facility
and the person, solely in performing the person's regular duties at the
organization or facility, acquires, possesses, produces, cultivates,
dispenses, or disposes of:
(A) in reasonable
quantities, any medical [low THC] cannabis or raw materials
used in or by-products created by the production or cultivation of medical
[low-THC] cannabis; or
(B) any drug paraphernalia
used in the acquisition, possession, production, cultivation, delivery, or
disposal of medical [low THC] cannabis.
(f) For purposes of
Subsection (e):
(1) "Cannabis
testing facility," "cardholder,"
"dispensing organization," and "nonresident
cardholder" have the meanings ["Dispensing
organization" has the meaning] assigned by Section 487.001.
(2) "Medical
cannabis," "medical use," and "qualifying
patient" have the meanings ["Low-THC cannabis"
has the meaning] assigned by Section 169.001, Occupations Code.
|
SECTION 2. Sections
481.111(e) and (f), Health and Safety Code, are amended to read as follows:
(e) Sections 481.120,
481.121, 481.122, and 481.125 do not apply to a person who engages in the
acquisition, possession, production, cultivation, delivery, or disposal of
a raw material used in or by-product created by the production or
cultivation of medical [low-THC] cannabis if the person:
(1) for an offense involving
possession only of marihuana or drug paraphernalia, is a patient for whom medical use [low-THC
cannabis] is recommended [prescribed] under Chapter 169,
Occupations Code, [or the patient's legal guardian,] and the
person possesses no more than the allowable amount of medical [low-THC]
cannabis, as determined under Section 487.002
[obtained under a valid prescription from a dispensing organization];
or
(2) is a director, manager,
or employee of a dispensing organization or cannabis testing facility
and the person, solely in performing the person's regular duties at the
organization or facility, acquires, possesses, produces, cultivates,
dispenses, or disposes of:
(A) in reasonable
quantities, any medical [low-THC] cannabis or raw materials
used in or by-products created by the production or cultivation of medical
[low-THC] cannabis; or
(B) any drug paraphernalia
used in the acquisition, possession, production, cultivation, delivery, or
disposal of medical [low-THC] cannabis.
(f) For purposes of
Subsection (e):
(1) "Cannabis
testing facility" and "dispensing organization" have the
meanings ["Dispensing organization" has the meaning]
assigned by Section 487.001.
(2) "Medical
cannabis" and "medical use" have the meanings ["Low-THC
cannabis" has the meaning] assigned by Section 169.001,
Occupations Code.
|
|
SECTION 3. Section 487.001,
Health and Safety Code, is amended to read as follows:
Sec. 487.001. DEFINITIONS.
In this chapter:
(1) "Cannabis
testing facility" means an independent entity licensed by the
department under this chapter to analyze the safety and potency of medical
cannabis.
(2) "Cardholder" means a qualifying patient or a
registered caregiver who is issued a registry identification card.
(3) "Debilitating
medical condition," "medical cannabis," "medical practitioner,"
"medical use," and "qualifying
patient" have the meanings assigned by Section 169.001,
Occupations Code.
(4)
"Department" means the Department of Public Safety.
(5) [(2)]
"Director" means the public safety director of the department.
(6) [(3)]
"Dispensing organization" means an organization licensed by the
department to cultivate, process, and dispense medical [low-THC]
cannabis to a patient for whom medical use [low-THC cannabis]
is recommended [prescribed] under Chapter 169, Occupations
Code.
(7) "Drug paraphernalia" has the meaning assigned by
Section 481.002.
(8) "Nonresident cardholder" means a person who is
not a resident of this state and who:
(A) has been diagnosed with a debilitating medical condition
and issued a currently valid registry identification card or the equivalent
under the laws of another state, district, territory, commonwealth, insular
possession of the United States, or country recognized by the United
States, that authorizes medical use by the person in the jurisdiction of
issuance; or
(B) is the parent, legal guardian, or conservator of a person
described by Paragraph (A).
(9) "Registered caregiver" means a person who:
(A) is at least 21 years of age or a parent, legal guardian, or
conservator of a qualifying patient;
(B) has significant responsibility for managing the medical
care of a qualifying patient listed on the compassionate-use registry; and
(C) has been issued a registry identification card identifying
the person as a registered caregiver of a qualifying patient listed on the
compassionate-use registry.
(10) "Registry identification card" means a document
issued by the department that identifies a person as:
(A) a qualifying patient listed on the compassionate-use
registry; or
(B) a registered caregiver of a qualifying patient listed on
the compassionate-use registry.
(11) "Written certification" means a document
produced under Section 169.002, Occupations Code.
[(4) "Low THC
cannabis" has the meaning assigned by Section 169.001, Occupations
Code.]
|
SECTION 3. Section 487.001, Health
and Safety Code, is amended to read as follows:
Sec. 487.001. DEFINITIONS.
In this chapter:
(1) "Cannabis
testing facility" means an independent entity licensed by the
department under this chapter to analyze the safety and potency of medical cannabis.
(2) "Debilitating
medical condition," "medical cannabis," and "medical
use" have the meanings assigned by Section 169.001, Occupations Code.
(3)
"Department" means the Department of Public Safety.
(4) [(2)]
"Director" means the public safety director of the department.
(5) [(3)]
"Dispensing organization" means an organization licensed by the
department to cultivate, process, and dispense medical [low-THC]
cannabis to a patient for whom medical use [low-THC cannabis]
is recommended [prescribed] under Chapter 169, Occupations
Code.
[(4) "Low-THC
cannabis" has the meaning assigned by Section 169.001, Occupations
Code.]
|
|
SECTION 4. Chapter 487,
Health and Safety Code, is amended by adding Subchapter A-1 to read as
follows:
SUBCHAPTER A-1.
PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
Sec. 487.021. PROTECTION
FROM LEGAL ACTION. (a) This section applies to a person who is:
(1) a cardholder;
(2) a nonresident
cardholder;
(3) a dispensing
organization;
(4) a cannabis testing
facility; or
(5) a director, manager,
or employee of a dispensing organization or of a cannabis testing facility
who is registered with the department under Section 487.053.
(b) Notwithstanding any
other law, a person described by Subsection (a) is not subject to arrest,
prosecution, or penalty in any manner, or denial of any right or privilege,
including any civil penalty or disciplinary action by a court or
occupational or professional licensing board or bureau, for conduct involving
medical use that is authorized under this chapter, department rule, or
Chapter 169, Occupations Code.
Sec. 487.022. NO
PRESUMPTION OF CHILD ABUSE, NEGLECT, OR ENDANGERMENT. A person described by
Section 487.021(a) may not be presumed to have engaged in conduct
constituting child abuse, neglect, or endangerment solely because the
person engaged in conduct involving medical use that is authorized under
this chapter, department rule, or Chapter 169, Occupations Code.
Sec. 487.023. NO DENIAL
OF PARENTAL RIGHTS. The fact that a person described by Section 487.021(a)
engages in conduct authorized under this chapter, department rule, or
Chapter 169, Occupations Code, does not in itself constitute grounds for
denying, limiting, or restricting conservatorship or possession of or
access to a child under Title 5, Family Code.
Sec. 487.024. NO SEIZURE
OR FORFEITURE. Property used in the cultivation, distribution,
transportation, and delivery of medical cannabis for medical use that is
authorized under this chapter, department rule, or Chapter 169, Occupations
Code, is not contraband for purposes of Chapter 59, Code of Criminal
Procedure, and is not subject to seizure or forfeiture under that chapter
or other law solely for the use of the property in those authorized
activities.
Sec. 487.025. NO
PROSECUTION FOR PROVISION OF PARAPHERNALIA. A person is not subject to
arrest, prosecution, or the imposition of any sentence or penalty for the
delivery, possession with intent to deliver, or manufacture of any item that
meets the definition of drug paraphernalia, if that item is delivered,
possessed with intent to deliver, or manufactured for the sole purpose of
providing that item to a cardholder or nonresident cardholder for medical
use under this chapter, department rule, or Chapter 169, Occupations Code.
|
No
equivalent provision.
|
|
No
equivalent provision. (But see Sec. 487.081in SECTION 10 below.)
|
SECTION 4. Subchapter A,
Chapter 487, Health and Safety Code, is amended by adding Section 487.002
to read as follows:
Sec. 487.002. ALLOWABLE
AMOUNT OF MEDICAL CANNABIS. (a) The allowable amount of medical cannabis
for a person for whom medical use is recommended under Chapter 169,
Occupations Code, is:
(1) not more than 2.5
ounces of medical cannabis;
(2) if applicable, a
greater amount specified in accordance with department rules by a
recommending physician under Chapter 169, Occupations Code, and included
with the patient's registration on the compassionate-use registry
established under Section 487.054; or
(3) an amount of oils or
products infused with medical cannabis such that the quantity of
tetrahydrocannabinols and cannabidiol in the oil or product does not exceed
the quantity of those substances contained in the amount of medical
cannabis under Subdivision (1) or (2), as applicable.
(b) Oils and products
infused with medical cannabis must be labeled in accordance with department
rules to indicate the quantity of tetrahydrocannabinols and cannabidiol
contained in the oil or product for purposes of determining compliance with
this section.
|
|
SECTION 5. Section 487.052,
Health and Safety Code, is amended to read as follows:
Sec. 487.052. RULES. (a)
The director shall adopt any rules necessary for the administration and
enforcement of this chapter.
(b) The director shall
adopt reasonable [,
including] rules imposing fees under this chapter in amounts sufficient
to cover the cost of administering this chapter. Fees collected under a rule adopted under this
chapter may be used only for the administration of this chapter.
(c) The director shall
adopt rules in accordance with Section 487.081
governing the allowable amount of medical cannabis a cardholder or nonresident cardholder may
possess for medical use by a qualifying patient.
(d) The director by rule
shall adopt labeling requirements for medical cannabis.
(e) The director shall adopt rules establishing security
requirements concerning the cultivation of medical cannabis by a
cardholder.
(f) The director shall adopt reasonable rules governing access
to medical cannabis by nonresident cardholders.
|
SECTION 5. Section 487.052,
Health and Safety Code, is amended to read as follows:
Sec. 487.052. RULES. (a)
The director shall adopt any rules necessary for the administration and
enforcement of this chapter.
(b) The director shall
adopt [, including] rules imposing fees under this chapter in
amounts sufficient to cover the cost of administering this chapter.
(c) The director shall
adopt rules in accordance with Section 487.002
governing the allowable amount of medical cannabis a physician may recommend for a patient for whom
medical use is recommended under Chapter 169, Occupations Code.
(d) The director by rule
shall adopt labeling requirements for medical cannabis. In adopting labeling requirements, the
director shall ensure each oil and product infused with medical cannabis is
labeled with the quantity of tetrahydrocannabinols and cannabidiol
contained in the oil or product.
|
|
SECTION 6. The heading to
Section 487.053, Health and Safety Code, is amended.
|
SECTION 6. Same as introduced
version.
|
|
SECTION 7. Section
487.053(a), Health and Safety Code, is amended to read as follows:
(a) The department shall:
(1) issue or renew a license
to operate as:
(A) a dispensing
organization to each applicant who satisfies the requirements established
under this chapter for licensure as a dispensing organization; and
(B) a cannabis testing
facility to each applicant who satisfies the requirements established under
this chapter for licensure as a cannabis testing facility; and
(2) register directors,
managers, and employees of each:
(A) dispensing
organization; and
(B) cannabis testing
facility.
|
SECTION 7. Section
487.053(a), Health and Safety Code, is amended to read as follows:
(a) The department shall:
(1) issue or renew a license
under Subchapter C to
operate as:
(A) a dispensing
organization to each applicant who satisfies the requirements established
under this chapter for licensure as a dispensing organization; and
(B) a cannabis testing
facility to each applicant who satisfies the requirements established under
this chapter for licensure as a cannabis testing facility; and
(2) register directors,
managers, and employees under
Subchapter D of each:
(A) dispensing
organization; and
(B) cannabis testing
facility.
|
|
SECTION 8. Section 487.054,
Health and Safety Code, is amended to read as follows:
Sec. 487.054.
COMPASSIONATE-USE REGISTRY. (a) The department shall establish and
maintain a secure online compassionate-use registry that contains:
(1) the name of each individual who is issued a registry
identification card and each nonresident cardholder who receives medical
cannabis from a dispensing organization;
(2) the name of each medical practitioner who recommends
medical use to a qualifying patient and [physician who registers as the prescriber for a patient
under Section 169.004, Occupations Code,] the name and date of
birth of that [the] patient[, the dosage prescribed, the
means of administration ordered, and the total amount of low THC cannabis
required to fill the patient's prescription]; and
(3) [(2)] a
record of each amount of medical [low-THC] cannabis dispensed by a dispensing organization
to a cardholder or nonresident cardholder [patient under a
prescription].
(b) The department shall
ensure the registry:
(1) is designed to prevent
more than one medical practitioner
[qualified physician] from registering as the recommending medical practitioner [prescriber]
for a single patient; and
(2) is accessible to law
enforcement agencies and dispensing organizations for the purpose of
verifying whether a person is
authorized under this chapter to receive medical cannabis [patient is one for whom
low-THC cannabis is prescribed and whether the patient's prescriptions have
been filled; and
[(3)
allows a physician qualified to prescribe low THC cannabis under Section
169.002, Occupations Code, to input safety and efficacy data derived from
the treatment of patients for whom low-THC cannabis is prescribed under
Chapter 169, Occupations Code].
|
SECTION 8. Section 487.054,
Health and Safety Code, is amended to read as follows:
Sec. 487.054. COMPASSIONATE-USE
REGISTRY. (a) The department shall establish and maintain a secure online
compassionate-use registry that contains:
(1) the name of each physician who registers as the physician
recommending medical use [prescriber] for a patient under
Section 169.004, Occupations Code, and the name and date of
birth of the patient[, the dosage prescribed, the means of
administration ordered, and the total amount of low-THC cannabis required
to fill the patient's prescription]; and
(2)
if applicable, the allowable amount of cannabis specified by a
recommending physician for the patient under Chapter 169, Occupations Code
[a record of each amount of low-THC cannabis dispensed by a dispensing
organization to a patient under a prescription].
(b) The department shall
ensure the registry:
(1) is designed to prevent
more than one [qualified] physician
from registering as the physician
recommending medical use [prescriber] 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 medical use is recommended under Chapter 169, Occupations Code
[low-THC cannabis is prescribed and whether the patient's prescriptions
have been filled]; and
(3)
allows a physician recommending medical use [qualified to
prescribe low-THC cannabis] under Chapter 169 [Section
169.002], Occupations Code, to input safety and efficacy data derived
from the treatment of patients for whom medical use [low-THC cannabis]
is recommended [prescribed under Chapter 169, Occupations Code].
|
|
SECTION 9. Subchapter B,
Chapter 487, Health and Safety Code, is amended by adding Sections 487.055
and 487.056 to read as follows:
Sec. 487.055. LICENSING
AND REGULATION OF CANNABIS TESTING FACILITIES. The director shall adopt all
rules necessary for:
(1) the licensing and
regulation of cannabis testing facilities and the directors, managers, and
employees of those facilities;
(2) the operation of
cannabis testing facilities; and
(3) the testing of the
safety and potency of medical cannabis.
Sec. 487.056. APPLICATION
FOR REGISTRY IDENTIFICATION CARD. (a) The director by rule shall adopt an
application for a registry identification card:
(1) for a qualifying
patient; and
(2) for a designated
caregiver.
(b) An applicant for a
registry identification card must submit to the department:
(1) the application
adopted under Subsection (a);
(2) a written
certification that was issued within the 90 days preceding the date of application
and that affirms that medical use is recommended for the qualifying
patient;
(3) the application fee
prescribed by department rule; and
(4) any other forms
developed by the director for submission with the application.
(c) The department shall
issue a registry identification to an applicant who is a qualifying patient
or the registered caregiver of a qualifying patient not later than the 25th
day after the date the application is submitted.
|
No
equivalent provision.
|
|
SECTION 10. Chapter 487,
Health and Safety Code, is amended by adding Subchapter B-1 to read as
follows:
SUBCHAPTER B-1. ALLOWABLE
AMOUNT OF MEDICAL CANNABIS AND ACCESS TO MEDICAL CANNABIS
Sec. 487.081. ALLOWABLE
AMOUNT OF MEDICAL CANNABIS. (a) A cardholder or nonresident cardholder
may possess for medical use by the qualifying patient no more than the
allowable amount of medical cannabis for that qualifying patient, as
provided by this section and department rule.
(b) The director by rule
shall specify the number of cannabis plants that may be cultivated or
possessed for medical use by a qualifying patient, which may not be fewer
than six cannabis plants. The amount of medical cannabis, edible products
that contain medical cannabis, or products infused with medical cannabis
that are produced from the allowable number of cannabis plants may be
possessed for medical use by a cardholder or nonresident cardholder on the
site where those plants are cultivated, regardless of whether the amount
possessed on that site exceeds the quantity otherwise provided as the
allowable amount of medical cannabis for the qualifying patient by a rule
adopted under this section.
(c) The director by rule
shall specify the quantity of medical cannabis other than cannabis plants,
edible products that contain medical cannabis, or products infused with
medical cannabis, that, except as otherwise provided by Subsection (b) or
(e), may be possessed by a cardholder or nonresident cardholder for medical
use by a qualifying patient, which may not be less than 2.5 ounces.
(d) The director by rule
shall specify the quantity of edible products that contain medical cannabis
or products infused with medical cannabis that, except as otherwise
provided by Subsection (b) or (e), may be possessed by a cardholder or nonresident
cardholder for medical use by a qualifying patient.
(e) If a medical
practitioner recommends in the qualifying patient's written certification a
different amount of medical cannabis than the amount provided by rule
adopted under this section, the amount recommended by the written
certification is the allowable amount of medical cannabis for that
qualifying patient.
Sec. 487.082. ACCESS TO
MEDICAL CANNABIS BEFORE REGISTRY IDENTIFICATION CARD ISSUED. An applicant
for a registry identification card may receive medical cannabis from a
dispensing organization before the department issues a registry
identification card on providing:
(1) proof that the
application was submitted to the department and any application fees were
paid; and
(2) a copy of the
applicant's written certification.
Sec. 487.083. ACCESS TO
MEDICAL CANNABIS BEFORE DECEMBER 1, 2017. (a) On or before December 1,
2017, notwithstanding a contrary provision of this chapter, a qualifying
patient or a caregiver with significant responsibility for managing the
well-being of a qualifying patient may obtain medical cannabis from a
dispensing organization on providing:
(1) for a qualifying
patient, a copy of the qualifying patient's written certification; or
(2) for a caregiver of
the qualifying patient:
(A) a copy of the
qualifying patient's written certification; and
(B) an affidavit stating:
(i) that the caregiver is
the qualifying patient's parent or guardian; or
(ii) that the caregiver
has significant responsibility for managing the well-being of the
qualifying patient and that is signed by the qualifying patient or the
qualifying patient's parent or guardian, if the qualifying patient is a
minor.
(b) This section expires
December 1, 2017.
|
No
equivalent provision.
(See SECTION 4 above.)
|
|
No
equivalent provision.
|
SECTION 9. The heading to
Subchapter C, Chapter 487, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER C. LICENSING OF
[LICENSE TO OPERATE AS] DISPENSING ORGANIZATIONS AND CANNABIS
TESTING FACILITIES [ORGANIZATION]
|
|
No
equivalent provision.
|
SECTION 10. Section 487.101,
Health and Safety Code, is amended to read as follows:
Sec. 487.101. LICENSE
REQUIRED. A person may not operate as a dispensing organization or a
cannabis testing facility without the appropriate license issued by the
department under this subchapter [chapter is required to operate
a dispensing organization].
|
|
SECTION 11. Section 487.102,
Health and Safety Code, is amended.
|
SECTION 11. Substantially
the same as introduced version.
|
|
SECTION 12. Subchapter C,
Chapter 487, Health and Safety Code, is amended by adding Section 487.1025
to read as follows:
Sec. 487.1025. ANNUAL
LICENSE FEE. The director shall charge an annual license fee set initially
by the director in an amount not to exceed $5,000. The director shall
annually adjust for inflation the annual license fee.
|
No
equivalent provision.
|
|
SECTION 13. Section 487.103,
Health and Safety Code, is amended by adding Subsection (a-1) to read as
follows:
(a-1) The director shall
set the application fee charged under Subsection (a) initially in an amount
not to exceed $2,500. The director shall annually adjust for inflation the
application fee.
|
No
equivalent provision.
|
|
No
equivalent provision.
|
SECTION 12. Subchapter C,
Chapter 487, Health and Safety Code, is amended by adding Section 487.1021
to read as follows:
Sec. 487.1021.
ELIGIBILITY FOR LICENSE TO OPERATE AS CANNABIS TESTING FACILITY. An
applicant for a license to operate as a cannabis testing facility is
eligible for the license if:
(1) as determined by the
department, the applicant possesses:
(A) the ability to secure
the resources and personnel necessary to operate as a cannabis testing
facility; and
(B) the financial ability
to maintain operations for not less than two years from the date of
application;
(2) each director,
manager, or employee of the applicant is registered under Subchapter D; and
(3) the applicant
satisfies any additional criteria determined by the director to be necessary
for the operation of a cannabis testing facility.
|
|
No
equivalent provision.
|
SECTION 13. Section
487.103(a), Health and Safety Code, is amended to read as follows:
(a) A person may apply for
an initial or renewal license under this subchapter [to operate
as a dispensing organization] by submitting a form prescribed by the
department along with the application fee in an amount set by the director.
|
|
SECTION 14. Section
487.104(a), Health and Safety Code, is amended to read as follows:
(a) The department shall
issue or renew a license to operate as a
dispensing organization only if:
(1) the department
determines the applicant meets the eligibility requirements described by
Section 487.102; and
(2) issuance or renewal of
the license is necessary to ensure reasonable statewide access to, and the
availability of, medical [low-THC] cannabis for patients
registered in the compassionate-use registry and for whom medical [low
THC] cannabis is recommended [prescribed] under Chapter
169, Occupations Code.
|
SECTION 14. Section
487.104(a), Health and Safety Code, is amended to read as follows:
(a) The department shall
issue or renew a license under this
subchapter [to operate as
a dispensing organization] only if:
(1) the department
determines the applicant meets the eligibility requirements described by
Section 487.102 or 487.1021, as
applicable; and
(2) issuance or renewal of
the license is necessary to ensure reasonable statewide access to, and the
availability of, medical [low-THC] cannabis for patients
registered in the compassionate-use registry and for whom medical [low-THC]
cannabis is recommended [prescribed] under Chapter 169,
Occupations Code.
|
|
No
equivalent provision.
|
SECTION 15. Sections
487.105(a) and (b), Health and Safety Code, are amended to read as follows:
(a) An applicant for the
issuance or renewal of a license under this subchapter [to
operate as a dispensing organization] shall provide the department with
the applicant's name and the name of each of the applicant's directors,
managers, and employees.
(b) Before a license
holder under this subchapter [dispensing organization licensee]
hires a manager or employee for the organization or facility, the license
holder [licensee] must provide the department with the name of the
prospective manager or employee. The license holder [licensee]
may not transfer the license to another person before that prospective
applicant and the applicant's directors, managers, and employees pass a
criminal history background check and are registered as required by
Subchapter D.
|
|
SECTION 15. Section 487.107,
Health and Safety Code, is amended to read as follows:
Sec. 487.107. DUTIES
RELATING TO DISPENSING MEDICAL CANNABIS [PRESCRIPTION]. (a)
Before dispensing medical [low THC] cannabis to a person authorized under this chapter to receive
medical [for whom the
low-THC] cannabis [is prescribed under Chapter 169, Occupations Code],
the dispensing organization must verify that [the prescription presented]:
(1) the person receiving the medical cannabis is [for] a cardholder [person]
listed [as a patient] in the compassionate-use registry or a nonresident cardholder;
(2)
the medical cannabis, including any edible products that contain medical
cannabis and any products infused with medical cannabis, has been properly
tested and properly labeled in accordance with standards established by the
department [matches the entry in the compassionate use
registry with respect to the total amount of low-THC cannabis required to
fill the prescription]; and
(3)
the amount of medical cannabis dispensed to the person would not cause
the person to possess more than the allowable amount of medical cannabis
for the qualifying patient, as determined under Section 487.081
[has not previously been filled by a dispensing organization as
indicated by an entry in the compassionate use registry].
(b) After dispensing medical
[low THC] cannabis to a cardholder
or nonresident cardholder [patient
for whom the low-THC cannabis is prescribed under Chapter 169, Occupations
Code], the dispensing organization shall record in the
compassionate-use registry the name
and address of the individual to whom the medical cannabis is dispensed,
the form and quantity of medical [low-THC]
cannabis dispensed, and the date and time of dispensation.
|
SECTION 16. Sections 487.106
and 487.107, Health and Safety Code, are amended to read as follows:
Sec.
487.106. DUTY TO MAINTAIN ELIGIBILITY. Each license holder under this
subchapter [A dispensing organization] must maintain compliance
at all times with the eligibility requirements described by Section 487.102
or 487.1021, as applicable.
Sec. 487.107. DUTIES
RELATING TO DISPENSING MEDICAL CANNABIS [PRESCRIPTION]. (a)
Before dispensing medical [low-THC] cannabis to a person for whom medical use is recommended [the
low-THC cannabis is prescribed] under Chapter 169, Occupations Code,
the dispensing organization must verify that the [prescription
presented:
[(1) is for a] person is listed as a patient in the compassionate-use
registry[;
[(2) matches the entry in
the compassionate-use registry with respect to the total amount of low-THC
cannabis required to fill the prescription; and
[(3) has not previously
been filled by a dispensing organization as indicated by an entry in the
compassionate-use registry].
(b) After dispensing medical
[low-THC] cannabis to a patient
for whom medical use is recommended [the low-THC cannabis is
prescribed] under Chapter 169, Occupations Code, the dispensing
organization shall record in the compassionate-use registry the form and
quantity of the medical [low-THC] cannabis dispensed and the
date and time of dispensation.
|
|
SECTION 16. Section
487.108(c), Health and Safety Code, is amended to read as follows:
(c) After suspending or
revoking a license issued under this chapter,
the director may seize or place under seal all medical [low-THC]
cannabis and drug paraphernalia owned or possessed by the dispensing
organization. If the director orders the revocation of the license, a
disposition may not be made of the seized or sealed medical [low
THC] cannabis or drug paraphernalia until the time for administrative
appeal of the order has elapsed or until all appeals have been concluded.
When a revocation order becomes final, all medical [low-THC]
cannabis and drug paraphernalia may be forfeited to the state as provided
under Subchapter E, Chapter 481.
|
SECTION 17. Sections
487.108(a), (b), and (c), Health and Safety Code, are amended to read as
follows:
(a)
The department may at any time suspend or revoke a license issued under
this subchapter [chapter] if the department determines that
the license holder [licensee] has not maintained the
eligibility requirements described by Section 487.102 or 487.1021, as
applicable, or has failed to comply with a duty imposed under this
chapter.
(b)
The director shall give written notice to the license holder [dispensing
organization] of a license suspension or revocation under this section
and the grounds for the suspension or revocation. The notice must be sent
by certified mail, return receipt requested.
(c) After suspending or
revoking a license issued under this subchapter [chapter], the director may
seize or place under seal all medical [low-THC] cannabis and
drug paraphernalia owned or possessed by the dispensing organization or cannabis testing facility. If the director orders the
revocation of the license, a disposition may not be made of the seized or
sealed medical [low-THC] cannabis or drug paraphernalia until
the time for administrative appeal of the order has elapsed or until all
appeals have been concluded. When a revocation order becomes final, all medical
[low-THC] cannabis and drug paraphernalia may be forfeited to the
state as provided under Subchapter E, Chapter 481.
|
|
SECTION 17. Section 487.151,
Health and Safety Code, is amended.
|
SECTION 18. Same as
introduced version.
|
|
SECTION 18. Section 487.201,
Health and Safety Code, is amended to read as follows:
Sec. 487.201. COUNTIES AND
MUNICIPALITIES MAY NOT PROHIBIT MEDICAL [LOW-THC] CANNABIS. A
municipality, county, or other political subdivision may not enact, adopt,
or enforce a rule, ordinance, order, resolution, or other regulation that
prohibits the cultivation, production, dispensing, or possession of medical
[low-THC] cannabis, as authorized by this chapter.
|
SECTION 19. Section 487.201,
Health and Safety Code, is amended to read as follows:
Sec. 487.201. COUNTIES AND
MUNICIPALITIES MAY NOT PROHIBIT MEDICAL [LOW-THC] CANNABIS.
A municipality, county, or other political subdivision may not enact,
adopt, or enforce a rule, ordinance, order, resolution, or other regulation
that prohibits the cultivation, production, dispensing, testing, or possession of medical
[low-THC] cannabis, as authorized by this chapter.
|
|
SECTION 19. The heading to
Chapter 169, Occupations Code, is amended to read as follows:
CHAPTER 169. AUTHORITY TO RECOMMEND
MEDICAL [PRESCRIBE LOW THC] CANNABIS TO CERTAIN PATIENTS FOR
COMPASSIONATE USE
|
SECTION 20. Chapter 169,
Occupations Code, is amended to read as follows:
CHAPTER 169. AUTHORITY TO RECOMMEND
MEDICAL USE OF [PRESCRIBE LOW-THC] CANNABIS TO CERTAIN PATIENTS
FOR COMPASSIONATE USE
|
|
SECTION 20. Sections
169.001, 169.002, and 169.004, Occupations Code, are amended to read as
follows:
Sec. 169.001. DEFINITIONS.
In this chapter:
(1) "Debilitating
medical condition" means:
(A) cancer, glaucoma,
positive status for human immunodeficiency virus, acquired immune
deficiency syndrome, hepatitis C,
amyotrophic lateral sclerosis, Crohn's disease, ulcerative colitis,
agitation of Alzheimer's disease, post-traumatic stress disorder, autism,
sickle cell anemia, severe fibromyalgia,
spinal cord disease, spinal cord injury, traumatic brain injury or
post-concussion syndrome, chronic traumatic encephalopathy,
Parkinson's disease, muscular dystrophy, or Huntington's disease;
(B) a chronic medical
condition that produces, or the treatment of a chronic medical condition
that produces:
(i) cachexia or wasting
syndrome;
(ii) severe pain;
(iii) severe nausea;
(iv) seizures, including
those characteristic of epilepsy; or
(v) severe and persistent
muscle spasms, including those characteristic of multiple sclerosis; or
(C) any other medical
condition approved as a debilitating medical condition by department rule
or any symptom caused by the treatment of a medical condition that is
approved as a debilitating medical condition by department rule.
(2)
"Department" means the Department of Public Safety.
[(2) "Intractable
epilepsy" means a seizure disorder in which the patient's seizures
have been treated by two or more appropriately chosen and maximally
titrated antiepileptic drugs that have failed to control the seizures.]
(3) "Medical ["Low-THC]
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 [that contains:
[(A) not more than 0.5
percent by weight of tetrahydrocannabinols; and
[(B) not less than 10
percent by weight of cannabidiol].
(4) "Medical practitioner" means:
(A) a licensed physician;
(B) an advanced practice registered nurse who has been
delegated prescriptive authority in accordance with Subchapter B, Chapter
157; or
(C) a physician assistant who has been delegated prescriptive
authority in accordance with Subchapter B, Chapter 157.
(5) [(4)]
"Medical use" means the ingestion of medical [by a means of administration other than by
smoking of a prescribed amount
of low-THC] cannabis by a qualifying
patient to treat or alleviate the patient's debilitating medical condition [person for whom low-THC cannabis is
prescribed under this chapter].
(6) "Qualifying patient" means a person who has been
diagnosed with a debilitating medical condition by a medical practitioner.
[(5)
"Smoking" means burning or igniting a substance and inhaling the
smoke.]
Sec. 169.002. RECOMMENDATION
FOR MEDICAL [PHYSICIAN QUALIFIED TO PRESCRIBE LOW THC] CANNABIS BY
MEDICAL PRACTITIONER. (a) A
medical practitioner may recommend
medical cannabis to a qualifying patient if the medical practitioner
attests through written certification that, in the medical practitioner's
professional opinion:
(1) the diagnosis of a debilitating medical condition for the
qualifying patient is correct;
(2) the qualifying patient is likely to receive therapeutic or
palliative benefit from the medical use of medical cannabis to treat or
alleviate the patient's debilitating medical condition; and
(3) the potential benefits to the qualifying patient of medical
use outweigh the health risks of medical use.
(b) The written certification described by Subsection (a) must:
(1) be dated and signed by the medical practitioner;
(2) specify the qualifying patient's debilitating medical
condition; and
(3) affirm that medical use was recommended in the course of a
bona fide practitioner-patient relationship between the qualifying patient
and the medical practitioner
[Only a physician qualified as provided by this section may prescribe
low THC cannabis in accordance with this chapter.
[(b) A physician is
qualified to prescribe low-THC cannabis to a patient with intractable
epilepsy if the physician:
[(1) is licensed under
this subtitle;
[(2) dedicates a
significant portion of clinical practice to the evaluation and treatment of
epilepsy; and
[(3) is certified:
[(A) by the American Board
of Psychiatry and Neurology in:
[(i) epilepsy; or
[(ii) neurology or
neurology with special qualification in child neurology and is otherwise
qualified for the examination for certification in epilepsy; or
[(B) in neurophysiology
by:
[(i) the American Board
of Psychiatry and Neurology; or
[(ii) the American Board
of Clinical Neurophysiology].
Sec. 169.004. [LOW THC
CANNABIS PRESCRIBER] REGISTRATION OF RECOMMENDING MEDICAL
PRACTITIONERS. Before a medical
practitioner [physician
qualified to prescribe low-THC cannabis under Section 169.002] may recommend
medical use [prescribe or renew a prescription for low-THC cannabis]
for a qualifying patient
under this chapter, the practitioner [physician] must register as
the recommending medical practitioner
[prescriber] for that patient in the compassionate-use registry
maintained by the department under Section 487.054, Health and Safety Code.
The medical practitioner's [physician's] registration must
indicate:
(1) the medical practitioner's [physician's] name; and
(2) the qualifying patient's name and date
of birth[;
[(3) the dosage
prescribed to the patient;
[(4) the means of
administration ordered for the patient; and
[(5) the total amount of
low THC cannabis required to fill the patient's prescription].
|
Sec. 169.001. DEFINITIONS.
In this chapter:
(1) "Debilitating
medical condition" means:
(A) cancer, glaucoma,
positive status for human immunodeficiency virus, acquired immune
deficiency syndrome, amyotrophic lateral sclerosis, Crohn's disease,
ulcerative colitis, agitation of Alzheimer's disease, post-traumatic stress
disorder, autism, sickle cell anemia, Parkinson's disease, muscular
dystrophy, or Huntington's disease;
(B) a chronic medical
condition that produces, or the treatment of a chronic medical condition
that produces:
(i) cachexia or wasting
syndrome;
(ii) severe debilitating pain;
(iii) severe nausea;
(iv) seizures, including
those characteristic of epilepsy; or
(v) severe and persistent
muscle spasms, including those characteristic of multiple sclerosis; or
(C) any other medical
condition approved as a debilitating medical condition by department rule
or any symptom caused by the treatment of a medical condition that is
approved as a debilitating medical condition by department rule.
(2)
"Department" means the Department of Public Safety.
[(2) "Intractable
epilepsy" means a seizure disorder in which the patient's seizures
have been treated by two or more appropriately chosen and maximally
titrated antiepileptic drugs that have failed to control the seizures.]
(3) "Medical ["Low-THC]
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 [that contains:
[(A) not more than 0.5
percent by weight of tetrahydrocannabinols; and
[(B) not less than 10
percent by weight of cannabidiol].
(4) "Medical use"
means the ingestion by a means of
administration other than by smoking of a recommended [prescribed]
amount of medical [low-THC]
cannabis by a person for whom medical
use [low-THC cannabis] is recommended [prescribed]
under this chapter.
(5)
"Smoking" means burning or igniting a substance and inhaling the
smoke.
Sec. 169.002. RECOMMENDATION
OF MEDICAL USE [PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC CANNABIS].
(a) A [Only a] physician [qualified as
provided by this section] may recommend medical use [prescribe
low-THC cannabis] in accordance with this chapter for a patient with
a debilitating medical condition.
(b) [A physician is
qualified to prescribe low-THC cannabis to a patient with intractable
epilepsy if the physician:
[(1) is licensed under
this subtitle;
[(2) dedicates a
significant portion of clinical practice to the evaluation and treatment of
epilepsy; and
[(3) is certified:
[(A) by the American
Board of Psychiatry and Neurology in:
[(i) epilepsy; or
[(ii) neurology or
neurology with special qualification in child neurology and is otherwise
qualified for the examination for certification in epilepsy; or
[(B) in neurophysiology
by:
[(i) the American Board
of Psychiatry and Neurology; or
[(ii) the American Board
of Clinical Neurophysiology.
[Sec.
169.003. PRESCRIPTION OF LOW-THC CANNABIS.] A physician who
recommends medical use for a patient must [described by Section
169.002 may prescribe low-THC cannabis to alleviate a patient's seizures if]:
(1)
comply [the patient is a permanent resident of the state;
[(2)
the physician complies] with the registration requirements of Section
169.004; and
(2) certify [(3)
the physician certifies] to the department that:
(A)
the patient is diagnosed with a debilitating medical condition [intractable
epilepsy]; and
(B)
the physician has determined that [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)
a second physician qualified to prescribe 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 [LOW-THC CANNABIS PRESCRIBER] REGISTRATION. Before a physician [qualified to prescribe
low-THC cannabis under Section 169.002] may recommend medical use
[prescribe or renew a prescription for low-THC cannabis] for a
patient under this chapter, the physician
must register as the recommending physician
[prescriber] 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;
(2) the patient's name and
date of birth; and
(3) the allowable [dosage prescribed to the
patient;
[(4) the means of
administration ordered for the patient; and
[(5) the total] amount of medical [low-THC]
cannabis recommended for the patient,
if the physician recommends an allowable amount greater than the amount
provided by Section 487.002(a)(1), Health and Safety Code [required
to fill the patient's prescription].
Sec.
169.005. PATIENT TREATMENT PLAN. A physician [described by Section
169.002] who recommends medical use [prescribes low-THC
cannabis] for a patient [patient's medical use] under
this chapter must maintain a patient treatment plan that indicates:
(1)
[the dosage, means of administration, and planned duration of treatment
for the low-THC cannabis;
[(2)]
a plan for monitoring the patient's symptoms; and
(2) [(3)]
a plan for monitoring indicators of tolerance or reaction to medical
[low-THC] cannabis.
|
|
SECTION 21. Section 551.004,
Occupations Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) This subtitle does not
apply to:
(1) a practitioner licensed
by the appropriate state board who supplies a patient of the practitioner
with a drug in a manner authorized by state or federal law and who does not
operate a pharmacy for the retailing of prescription drugs;
(2) a member of the faculty
of a college of pharmacy recognized by the board who is a pharmacist and
who performs the pharmacist's services only for the benefit of the college;
(3) a person who procures
prescription drugs for lawful research, teaching, or testing and not for
resale;
(4) a home and community
support services agency that possesses a dangerous drug as authorized by
Section 142.0061, 142.0062, or 142.0063, Health and Safety Code; or
(5) a dispensing
organization[, as defined by Section 487.001, Health and Safety Code,]
that cultivates, processes, and dispenses medical [low THC]
cannabis, as authorized by Chapter 487, Health and Safety Code, to a cardholder or nonresident cardholder [patient listed in the compassionate-use
registry established under that chapter].
(a-1) For purposes of
Subsection (a)(5), "cardholder,"
"dispensing organization," and
"nonresident cardholder" have the meanings assigned by
Section 487.001, Health and Safety Code.
|
SECTION 21. Section 551.004,
Occupations Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) This subtitle does not
apply to:
(1) a practitioner licensed
by the appropriate state board who supplies a patient of the practitioner
with a drug in a manner authorized by state or federal law and who does not
operate a pharmacy for the retailing of prescription drugs;
(2) a member of the faculty
of a college of pharmacy recognized by the board who is a pharmacist and
who performs the pharmacist's services only for the benefit of the college;
(3) a person who procures
prescription drugs for lawful research, teaching, or testing and not for
resale;
(4) a home and community
support services agency that possesses a dangerous drug as authorized by
Section 142.0061, 142.0062, or 142.0063, Health and Safety Code; [or]
(5) a dispensing
organization[, as defined by Section 487.001, Health and Safety Code,]
that cultivates, processes, and dispenses medical [low-THC]
cannabis, as authorized by a license
issued under Subchapter (C), Chapter 487, Health and Safety
Code, to a patient listed in the
compassionate-use registry established under that chapter; or
(6) a cannabis testing facility that analyzes the safety and
potency of medical cannabis, as authorized by a license issued under
Subchapter C, Chapter 487, Health and Safety Code.
(a-1) For purposes of
Subsections (a)(5) and (b),
"cannabis testing facility" and "dispensing organization" have the meanings
assigned by Section 487.001, Health and Safety Code.
|
|
SECTION 22. Sections 169.003
and 169.005, Occupations Code, are repealed.
|
No
equivalent provision.
|
|
SECTION 23. Not later than
October 1, 2017, the public safety director of the Department of Public
Safety shall adopt rules as required to implement, administer, and enforce
Chapter 487, Health and Safety Code, as amended by this Act, including rules relating to adopting an
application for a registry identification card, as required by Section
487.056, Health and Safety Code, as added by this Act.
|
SECTION 22. Not later than
October 1, 2017, the public safety director of the Department of Public
Safety shall adopt rules as required to implement, administer, and enforce
Chapter 487, Health and Safety Code, as amended by this Act.
|
|
SECTION 24. (a) A license to
operate as a dispensing organization issued under Chapter 487, Health and
Safety Code, before the effective date of this Act continues to be valid
after the effective date of this Act until that license expires.
(b) The registration of a
director, manager, or employee of a dispensing organization under
Subchapter D, Chapter 487, Health and Safety Code, continues to be valid
after the effective date of this Act until that registration expires.
(c) As soon as practicable after the effective date of this Act,
the Department of Public Safety shall issue
compassionate-use registry cards to all individuals listed on that registry
on the effective date of this Act.
|
SECTION 23. (a) A license
to operate as a dispensing organization issued under Chapter 487, Health
and Safety Code, before the effective date of this Act continues to be
valid after the effective date of this Act until that license expires.
(b) The registration of a
director, manager, or employee of a dispensing organization under
Subchapter D, Chapter 487, Health and Safety Code, continues to be valid
after the effective date of this Act until that registration expires.
(c) Not later than March 1, 2018, the Department of Public
Safety shall begin licensing cannabis
testing facilities in accordance with Subchapter C, Chapter 487, Health and
Safety Code, as amended by this Act, provided that the applicants for a
license have met all requirements for approval under that subchapter.
|
|
SECTION 25. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2017.
|
SECTION 24. Same as introduced
version.
|
|