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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the possession, use, cultivation, |
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distribution, transportation, and delivery of medical cannabis for |
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medical use by patients with certain debilitating medical |
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conditions and terminal illnesses and the licensing of dispensing |
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organizations and cannabis testing facilities; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CHANGES TO CHAPTER 169, OCCUPATIONS CODE |
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SECTION 1.01. The heading to Chapter 169, Occupations Code, |
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is amended to read as follows: |
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CHAPTER 169. AUTHORITY TO PRESCRIBE MEDICAL [LOW-THC] CANNABIS TO |
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CERTAIN PATIENTS FOR COMPASSIONATE USE |
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SECTION 1.02. Section 169.001, Occupations Code, is amended |
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by amending Subdivisions (2), (3), and (4) and adding Subdivisions |
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(2-a), (2-b), (3-a), and (6) to read as follows: |
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(2) "Debilitating epileptic condition" ["Intractable
|
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epilepsy"] means epilepsy or other neurological [a seizure] |
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disorder, or the treatment of epilepsy or other neurological |
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disorder that, as diagnosed by a board-certified neurologist, |
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produces serious, debilitating, or life-threatening [in which the
|
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patient's seizures have been treated by two or more appropriately
|
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chosen and maximally titrated antiepileptic drugs that have failed
|
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to control the] seizures. |
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(2-a) "Debilitating medical condition" means cancer, |
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glaucoma, a debilitating epileptic condition, acquired immune |
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deficiency syndrome, amyotrophic lateral sclerosis, Crohn's |
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disease, Parkinson's disease, Huntington's disease, or multiple |
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sclerosis; |
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(2-b) "Higher concentration cannabis" means the plant |
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Cannabis sativa L., and any part of that plant or any compound, |
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manufacture, salt, derivative, mixture, preparation, resin, or oil |
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of that plant that contains more than 0.5 percent by weight of |
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tetrahydrocannabinols and any concentration of cannabidiol. |
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(3) "Low-THC cannabis" means the plant Cannabis sativa |
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L., and any part of that plant or any compound, manufacture, salt, |
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derivative, mixture, preparation, resin, or oil of that plant that |
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contains: |
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(A) not more than 0.5 percent by weight of |
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tetrahydrocannabinols; and |
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(B) not less than 15 [10] percent by weight of |
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cannabidiol. |
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(3-a) "Medical cannabis" means low-THC cannabis or |
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higher concentration cannabis. |
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(4) "Medical use" means the ingestion by a means of |
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administration other than by smoking of a prescribed amount of |
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medical [low-THC] cannabis by a person for whom medical [low-THC] |
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cannabis is prescribed under this chapter. |
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(6) "Terminal illness" means an advanced stage of a |
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disease with an unfavorable prognosis that, without |
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life-sustaining procedures, will soon result in death or a state of |
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permanent unconsciousness from which recovery is unlikely. |
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SECTION 1.03. Section 169.003, Occupations Code, is amended |
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to read as follows: |
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Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. A |
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physician [described by Section 169.002] may prescribe low-THC |
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cannabis to alleviate a patient's debilitating medical condition |
|
[seizures] if: |
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(1) the patient is a permanent resident of the state; |
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(2) the physician complies with the registration |
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requirements of Section 169.004; and |
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(3) the physician certifies to the department that: |
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(A) the patient is diagnosed with a debilitating |
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medical condition [intractable epilepsy]; |
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(B) the physician determines the risk of the |
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medical use of low-THC cannabis by the patient is reasonable in |
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light of the potential benefit for the patient; and |
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(C) a second physician [qualified to prescribe
|
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low-THC cannabis under Section 169.002] has concurred with the |
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determination under Paragraph (B), and the second physician's |
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concurrence is recorded in the patient's medical record. |
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SECTION 1.04. Chapter 169, Occupations Code, is amended by |
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adding Section 169.0035 to read as follows: |
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Sec. 169.0035. PRESCRIPTION OF HIGHER CONCENTRATION |
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CANNABIS TO PATIENTS WITH TERMINAL ILLNESS. A physician may |
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prescribe higher concentration cannabis to a patient if: |
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(1) the patient is a permanent resident of the state; |
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(2) the physician complies with the registration |
|
requirements of Section 169.004; and |
|
(3) the physician certifies to the department that: |
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(A) the patient is diagnosed with a terminal |
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illness; |
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(B) the physician determines the risk of the |
|
medical use of higher concentration cannabis by the patient is |
|
reasonable in light of the potential benefit for the patient; and |
|
(C) a second physician has concurred with the |
|
determination under Paragraph (B), and the second physician's |
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concurrence is recorded in the patient's medical record. |
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SECTION 1.05. Sections 169.004 and 169.005, Occupations |
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Code, are amended to read as follows: |
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Sec. 169.004. MEDICAL [LOW-THC] CANNABIS PRESCRIBER |
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REGISTRATION. Before a physician [qualified to prescribe low-THC
|
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cannabis under Section 169.002] may prescribe or renew a |
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prescription for medical [low-THC] cannabis for a patient under |
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this chapter, the physician must register as the prescriber for |
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that patient in the compassionate-use registry maintained by the |
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department under Section 487.054, Health and Safety Code. The |
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physician's registration must indicate: |
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(1) the physician's name; |
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(2) the patient's name and date of birth; |
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(3) the nature of the patient's debilitating medical |
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condition or terminal illness; |
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(4) whether the medical cannabis the physician |
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prescribes to the patient is: |
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(A) low-THC cannabis; or |
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(B) higher concentration cannabis; |
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(5) the dosage prescribed to the patient; |
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(6) [(4)] the means of administration ordered for the |
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patient; and |
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(7) [(5)] the total amount of medical [low-THC] |
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cannabis required to fill the patient's prescription. |
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Sec. 169.005. PATIENT TREATMENT PLAN. A physician |
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[described by Section 169.002] who prescribes medical [low-THC] |
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cannabis for a patient's medical use under this chapter must |
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maintain a patient treatment plan that indicates: |
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(1) the dosage, means of administration, and planned |
|
duration of treatment for the medical [low-THC] cannabis; |
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(2) a plan for monitoring the patient's symptoms; and |
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(3) a plan for monitoring indicators of tolerance or |
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reaction to medical [low-THC] cannabis. |
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SECTION 1.06. Section 169.002, Occupations Code, is |
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repealed. |
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ARTICLE 2. CHANGES TO CHAPTER 487, HEALTH AND SAFETY CODE |
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SECTION 2.01. Section 487.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 487.001. DEFINITIONS. In this chapter: |
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(1) "Cannabis testing facility" means an independent |
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entity licensed by the department under this chapter to analyze the |
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safety and potency of medical cannabis. |
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(2) "Debilitating medical condition," "higher |
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concentration cannabis," "low-THC cannabis," "medical cannabis," |
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and "terminal illness" have the meanings assigned by Section |
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169.001, Occupations Code. |
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(3) "Department" means the Department of Public |
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Safety. |
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(4) [(2)] "Director" means the public safety director |
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of the department. |
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(5) [(3)] "Dispensing organization" means an |
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organization licensed by the department to cultivate, process, and |
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dispense medical [low-THC] cannabis to a patient for whom medical |
|
[low-THC] cannabis is prescribed under Chapter 169, Occupations |
|
Code. |
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[(4)
"Low-THC cannabis" has the meaning assigned by
|
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Section 169.001, Occupations Code.] |
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SECTION 2.02. The heading to Section 487.053, Health and |
|
Safety Code, is amended to read as follows: |
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Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND |
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CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED |
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INDIVIDUALS. |
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SECTION 2.03. Section 487.053(a), Health and Safety Code, |
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is amended to read as follows: |
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(a) The department shall: |
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(1) issue or renew a license under Subchapter C to |
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operate as: |
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(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 |
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(2) register directors, managers, and employees under |
|
Subchapter D of each: |
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(A) dispensing organization; and |
|
(B) cannabis testing facility. |
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SECTION 2.04. Section 487.054, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The |
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department shall establish and maintain a secure online |
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compassionate-use registry that contains: |
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(1) the name of each physician who registers as the |
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prescriber for a patient under Section 169.004, Occupations Code, |
|
and for each patient for whom the physician has registered as the |
|
prescriber: |
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(A) the patient's name; |
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(B) the patient's [and] date of birth; |
|
(C) the nature of the patient's debilitating |
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medical condition or terminal illness; |
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(D) whether the medical cannabis the physician |
|
prescribes to the patient is: |
|
(i) low-THC cannabis; or |
|
(ii) higher concentration cannabis; |
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(E) [of the patient,] the dosage prescribed; |
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(F) [,] the means of administration ordered;[,] |
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and |
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(G) the total amount of medical [low-THC] |
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cannabis required to fill the patient's prescription; and |
|
(2) a record of each amount of medical [low-THC] |
|
cannabis dispensed by a dispensing organization to a patient under |
|
a prescription. |
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(b) The department shall ensure the registry: |
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(1) is designed to prevent more than one qualified |
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physician from registering as the 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 [low-THC] cannabis is prescribed |
|
and whether the patient's prescriptions have been filled; and |
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(3) allows a physician [qualified to prescribe low-THC
|
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cannabis under Section 169.002, Occupations Code,] to input safety |
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and efficacy data derived from the treatment of patients for whom |
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medical [low-THC] cannabis is prescribed under Chapter 169, |
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Occupations Code. |
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SECTION 2.05. Subchapter B, Chapter 487, Health and Safety |
|
Code, is amended by adding Sections 487.055 and 487.056 to read as |
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follows: |
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Sec. 487.055. DESIGNATION OF CAREGIVER. (a) The department |
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shall develop a form for a patient listed in the registry to |
|
designate one caregiver and one alternate caregiver. A caregiver |
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is a person who has significant responsibility for managing the |
|
well-being of a registered patient. |
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(b) The form must require the patient to provide the full |
|
name, home address, and date of birth of the patient's caregiver and |
|
alternate caregiver. |
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(c) A patient may designate only one caregiver and one |
|
alternate caregiver. |
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(d) A patient may not designate as the patient's caregiver |
|
or alternate caregiver a person who: |
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(1) is younger than 21 years of age; or |
|
(2) has been previously convicted of an offense |
|
punishable as a felony involving the manufacture, delivery, or |
|
possession of a controlled substance. |
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(e) Except as otherwise provided by Subsection (f), a person |
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may be a caregiver or alternate caregiver for only one patient at a |
|
time. |
|
(f) A person may be a caregiver or alternate caregiver for |
|
two patients simultaneously, provided that each patient is related |
|
to the caregiver within the fourth degree of consanguinity or |
|
affinity, as determined under Chapter 573, Government Code. |
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(g) The director shall adopt rules necessary to implement |
|
this section, including rules allowing a patient to change the |
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patient's caregiver or alternate caregiver. |
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Sec. 487.056. LABELING REQUIREMENTS. The director by rule |
|
shall prescribe labeling requirements for medical cannabis. The |
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requirements must provide that a label include: |
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(1) a product name; |
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(2) the name of the manufacturer; |
|
(3) a batch identification number, batch date, batch |
|
size, and total quantity produced; |
|
(4) a list of ingredients; |
|
(5) an expiration date; |
|
(6) the potency of the medical cannabis, as measured |
|
by the percent by weight of tetrahydrocannabinols, cannabidiols, |
|
and any other psychoactive substances or chemicals determined |
|
relevant by the department; and |
|
(7) any additional labeling requirements as provided |
|
by department rule. |
|
SECTION 2.06. 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] |
|
SECTION 2.07. 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 2.08. Section 487.102, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 487.102. ELIGIBILITY FOR LICENSE TO OPERATE AS |
|
DISPENSING ORGANIZATION. 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 2.09. 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. |
|
SECTION 2.10. Section 487.103, Health and Safety Code, is |
|
amended by adding Subsection (a-1) to read as follows: |
|
(a-1) A person may apply for an initial or renewal license |
|
to operate as a cannabis testing facility by submitting a form |
|
prescribed by the department along with the application fee in an |
|
amount set by the director. |
|
SECTION 2.11. 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 prescribed under Chapter 169, Occupations Code. |
|
SECTION 2.12. 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 2.13. 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 PRESCRIPTION. |
|
(a) Before dispensing medical [low-THC] cannabis to a person for |
|
whom the medical [low-THC] cannabis is prescribed under Chapter |
|
169, Occupations Code, the dispensing organization must verify that |
|
the prescription presented: |
|
(1) is for a person 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 medical [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 the medical [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 |
|
medical [low-THC] cannabis dispensed and the date and time of |
|
dispensation. |
|
SECTION 2.14. 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 subchapter [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 2.15. 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 2.16. 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. |
|
ARTICLE 3. CONFORMING CHANGES |
|
SECTION 3.01. 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 |
|
prescribed under Chapter 169, Occupations Code; or |
|
(5) declined immunization for the child for reasons of |
|
conscience, including a religious belief. |
|
SECTION 3.02. 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 |
|
prescribed under Chapter 169, Occupations Code; or |
|
(5) declined immunization for the child for reasons of |
|
conscience, including a religious belief. |
|
SECTION 3.03. 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 3.04. 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: |
|
(A) [,] is a patient for whom medical [low-THC] |
|
cannabis is prescribed under Chapter 169, Occupations Code, [or] |
|
the patient's legal guardian, or the patient's designated caregiver |
|
or alternate caregiver; and |
|
(B) [the person] possesses medical [low-THC] |
|
cannabis 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" ["Low-THC cannabis"] has the |
|
meaning assigned by Section 169.001, Occupations Code. |
|
SECTION 3.05. 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 (6), "cannabis |
|
testing facility" and "dispensing organization" have the meanings |
|
assigned by Section 487.001, Health and Safety Code. |
|
ARTICLE 4. STUDY AND REPORT |
|
SECTION 4.01. In this article, "department" means the |
|
Department of Public Safety of the State of Texas. |
|
SECTION 4.02. The department, in consultation with a |
|
nationally accredited research university, shall conduct a study |
|
regarding whether application and licensing fees for dispensing |
|
organizations and cannabis testing facilities are impediments to |
|
the entrance of new dispensing organizations and cannabis testing |
|
facilities into the market in this state. |
|
SECTION 4.03. Not later than December 1, 2020, the |
|
department shall submit to the legislature a report on the |
|
conclusions from the study under this article, including any |
|
legislative recommendations. |
|
ARTICLE 5. TRANSITIONS AND EFFECTIVE DATE |
|
SECTION 5.01. 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. |
|
SECTION 5.02. (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, 2020, 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 5.03. 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. |