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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting CBD oil from the Texas Controlled Substances |
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Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.002, Health and Safety Code, is |
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amended by adding Subdivision (2-a) and amending Subdivision (26) |
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to read as follows: |
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(2-a) "CBD oil" means a manufacture, derivative, |
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mixture, or preparation of the plant Cannabis sativa L. that |
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primarily contains cannabidiol and may contain other cannabinoids, |
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terpenes, and other compounds found in the plant, but does not |
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contain, or contains only trace amounts of, delta-9 |
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tetrahydrocannabinol. |
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(26) "Marihuana" means the plant Cannabis sativa L., |
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whether growing or not, the seeds of that plant, and every compound, |
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manufacture, salt, derivative, mixture, or preparation of that |
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plant or its seeds. The term does not include: |
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(A) the resin extracted from a part of the plant |
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or a compound, manufacture, salt, derivative, mixture, or |
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preparation of the resin; |
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(B) the mature stalks of the plant or fiber |
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produced from the stalks; |
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(C) oil or cake made from the seeds of the plant; |
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(D) a compound, manufacture, salt, derivative, |
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mixture, or preparation of the mature stalks, fiber, oil, or cake; |
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[or] |
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(E) the sterilized seeds of the plant that are |
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incapable of beginning germination; or |
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(F) CBD oil. |
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SECTION 2. Section 481.111, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) The provisions of this chapter relating to the |
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possession and delivery of marihuana do not apply to a person who |
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possesses or delivers CBD oil. |
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SECTION 3. The changes in law made by this Act to Subchapter |
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D, Chapter 481, Health and Safety Code, apply to conduct involving |
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the possession or delivery of CBD oil that occurs before, on, or |
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after September 1, 2019, except that a final conviction for an |
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offense that exists on September 1, 2019, is unaffected by this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |