| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the medical use of marihuana; providing an affirmative |
|
|
defense to prosecution for possession 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: |
|
|
(1) 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 |
|
|
medical condition; or |
|
|
(2) as the primary caregiver of a patient described by |
|
|
Subdivision (1), and the person possessed the marihuana only with |
|
|
intent to assist the patient. |
|
|
(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 solely on the ground |
|
|
that the physician: |
|
|
(1) discussed marihuana as a treatment option with a |
|
|
patient of the physician; or |
|
|
(2) made a written or oral statement that, in the |
|
|
physician's professional opinion, the potential benefits of the use |
|
|
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 164.0535 to read as follows: |
|
|
Sec. 164.0535. 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 the use 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 |
|
|
governed by the law in effect on the date 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 occurred |
|
|
before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |