|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to authorizing the possession, use, cultivation, |
|
distribution, transportation, and delivery of medical cannabis for |
|
medical use by qualifying patients with certain debilitating |
|
medical conditions and the licensing of dispensing organizations |
|
and testing facilities; authorizing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 161.001(c), Family Code, is amended to |
|
read as follows: |
|
(c) A court may not make a finding under Subsection (b) and |
|
order termination of the parent-child relationship based on |
|
evidence that the parent: |
|
(1) homeschooled the child; |
|
(2) is economically disadvantaged; |
|
(3) has been charged with a nonviolent misdemeanor |
|
offense other than: |
|
(A) an offense under Title 5, Penal Code; |
|
(B) an offense under Title 6, Penal Code; or |
|
(C) an offense that involves family violence, as |
|
defined by Section 71.004 of this code; |
|
(4) provided or administered medical [low-THC] |
|
cannabis to a child for whom the medical [low-THC] cannabis was |
|
recommended [prescribed] under Chapter 169, Occupations Code; or |
|
(5) declined immunization for the child for reasons of |
|
conscience, including a religious belief. |
|
SECTION 2. Section 262.116(a), Family Code, is amended to |
|
read as follows: |
|
(a) The Department of Family and Protective Services may not |
|
take possession of a child under this subchapter based on evidence |
|
that the parent: |
|
(1) homeschooled the child; |
|
(2) is economically disadvantaged; |
|
(3) has been charged with a nonviolent misdemeanor |
|
offense other than: |
|
(A) an offense under Title 5, Penal Code; |
|
(B) an offense under Title 6, Penal Code; or |
|
(C) an offense that involves family violence, as |
|
defined by Section 71.004 of this code; |
|
(4) provided or administered medical [low-THC] |
|
cannabis to a child for whom the medical [low-THC] cannabis was |
|
recommended [prescribed] under Chapter 169, Occupations Code; or |
|
(5) declined immunization for the child for reasons of |
|
conscience, including a religious belief. |
|
SECTION 3. 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 Health and Human Services Commission |
|
[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 4. 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 5. 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 6. 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. |
|
SECTION 7. 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 8. The heading to Section 487.053, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND |
|
CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED |
|
INDIVIDUALS. |
|
SECTION 9. 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 10. 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 11. 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. |
|
SECTION 12. 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, |
|
2019. (a) On or before December 1, 2019, 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, 2019. |
|
SECTION 13. Section 487.102, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a |
|
license to operate as a dispensing organization is eligible for the |
|
license if: |
|
(1) as determined by the department, the applicant |
|
possesses: |
|
(A) the technical and technological ability to |
|
cultivate and produce medical [low-THC] cannabis; |
|
(B) the ability to secure: |
|
(i) the resources and personnel necessary |
|
to operate as a dispensing organization; and |
|
(ii) premises reasonably located to allow |
|
patients listed on the compassionate-use registry access to the |
|
organization through existing infrastructure; |
|
(C) the ability to maintain accountability for |
|
the raw materials, the finished product, and any by-products used |
|
or produced in the cultivation or production of medical [low-THC] |
|
cannabis to prevent unlawful access to or unlawful diversion or |
|
possession of those materials, products, or by-products; and |
|
(D) 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 to safely implement this |
|
chapter. |
|
SECTION 14. 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. |
|
SECTION 15. 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. |
|
SECTION 16. 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 17. 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 18. 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 19. Section 487.151, Health and Safety Code, is |
|
amended by adding Subsection (a-1) to read as follows: |
|
(a-1) An individual who is a director, manager, or employee |
|
of a cannabis testing facility must apply for and obtain a |
|
registration under this section. |
|
SECTION 20. 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 21. 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 22. 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]. |
|
SECTION 23. 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 24. Sections 169.003 and 169.005, Occupations Code, |
|
are repealed. |
|
SECTION 25. Not later than October 1, 2019, 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 26. (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 27. 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, 2019. |