By: Klick, Zerwas, Oliverson, Sheffield, H.B. No. 3703
      Coleman, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the dispensing, administration, and use of low-THC
  cannabis; authorizing low-THC cannabis research; authorizing a
  fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0015 to read as follows:
         Sec. 37.0015.  LOW-THC CANNABIS. Notwithstanding any other
  provision of this chapter, a student for whom low-THC cannabis was
  prescribed under Chapter 169, Occupations Code, may not be subject
  to suspension, expulsion, placement in a disciplinary alternative
  education program, or any other form of discipline solely because
  the student possessed, used, or was under the influence of the
  low-THC cannabis.
         SECTION 2.  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 licensed under Chapter
  487 that possesses low-THC cannabis.
         SECTION 3.  Chapter 481, Health and Safety Code, is amended
  by adding Subchapter G-1 to read as follows:
  SUBCHAPTER G-1.  LOW-THC CANNABIS RESEARCH PROGRAM
         Sec. 481.251.  DEFINITIONS. In this subchapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Health-related institution" has the meaning
  assigned by Section 62.161, Education Code, as added by Chapter 448
  (H.B. 7), Acts of the 84th Legislature, Regular Session, 2015.
               (3)  "Low-THC cannabis" has the meaning assigned by
  Section 169.001, Occupations Code.
         Sec. 481.252.  LOW-THC CANNABIS RESEARCH PROGRAM. (a)  
  Subject to Section 481.253, the executive commissioner by rule
  shall establish a low-THC cannabis research program to be conducted
  by one or more health-related institutions in this state.
         (b)  In adopting rules under this section, the executive
  commissioner may provide:
               (1)  procedures for a health-related institution in
  this state to apply to the commission for a permit to conduct
  low-THC cannabis research under the program established by this
  subchapter;
               (2)  criteria for granting a permit to a health-related
  institution to conduct low-THC cannabis research;
               (3)  any applicable fees for a permit to conduct
  low-THC cannabis research;
               (4)  limitations concerning the medical conditions for
  which low-THC cannabis research may be conducted under the program;
               (5)  restrictions related to facilities where low-THC
  cannabis research may be conducted; and
               (6)  any other conditions related to low-THC cannabis
  research that are necessary to comply with federal law regarding
  cannabis research with human subjects.
         Sec. 481.253.  COMPLIANCE WITH FEDERAL LAW. (a)  The
  executive commissioner shall make or assist a health-related
  institution seeking to conduct research into low-THC cannabis in
  making all necessary applications to appropriate federal agencies
  to establish the program under this subchapter in compliance with
  federal law.
         (b)  The commission is not required to establish the program
  under this subchapter if a registration or license required by
  federal law to operate the program cannot be obtained.
         SECTION 4.  Section 487.101, Health and Safety Code, is
  amended to read as follows:
         Sec. 487.101.  LICENSE REQUIRED; DISPENSING LOCATIONS. (a) A
  license issued by the department under this chapter is required to
  operate a dispensing organization.
         (b)  A dispensing organization may operate more than one
  dispensing location under a single license issued by the department
  under this chapter if the department determines that more than one
  dispensing location is necessary to meet patient access needs.
         SECTION 5.  Section 487.107, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  On request of the department, a dispensing organization
  must provide to the department a sample suitable for testing of
  low-THC cannabis dispensed by the organization.
         SECTION 6.  Section 169.001(3), Occupations Code, is amended
  to read as follows:
               (3)  "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].
         SECTION 7.  Sections 169.002 and 169.003, Occupations Code,
  are amended to read as follows:
         Sec. 169.002.  PHYSICIAN QUALIFIED TO PRESCRIBE LOW-THC
  CANNABIS TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS. (a)  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, multiple sclerosis, or
  spasticity only if the physician:
               (1)  is licensed under this subtitle;
               (2)  dedicates a significant portion of clinical
  practice to the evaluation and treatment of that patient's medical
  condition [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 described by Section 169.002 may prescribe low-THC
  cannabis to a patient [alleviate a patient's seizures] if:
               (1)  the patient is a permanent resident of this [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:
                           (i)  [intractable] epilepsy;
                           (ii)  multiple sclerosis; or
                           (iii)  spasticity;
                     (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)  a second physician licensed in this state
  [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.
         SECTION 8.  (a) Subchapter G, Chapter 481, Health and Safety
  Code, is repealed.
         (b)  Section 169.001(2), Occupations Code, is repealed.
         SECTION 9.  This Act takes effect September 1, 2019.