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A BILL TO BE ENTITLED
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AN ACT
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relating to the prescription and dispensing of medical cannabis; |
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requiring an occupational license; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.111, Health and Safety Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) Sections 481.113, 481.116, 481.120, 481.121, and |
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481.122 do not apply to a person who: |
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(1) is a pharmacist licensed under Subtitle J, Title |
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3, Occupations Code, and dispenses medical cannabis at a pharmacy |
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licensed under Chapter 560, Occupations Code, under a valid |
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prescription; |
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(2) receives medical cannabis dispensed by a |
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pharmacist described by Subdivision (1) under a valid prescription; |
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or |
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(3) is licensed by the board under Subchapter J to |
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cultivate, produce, manufacture, or distribute medical cannabis. |
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(h) For purposes of Subsection (g), "medical cannabis" has |
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the meaning assigned by Section 481.401. |
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SECTION 2. Chapter 481, Health and Safety Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. MEDICAL CANNABIS PRESCRIPTIONS |
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Sec. 481.401. DEFINITIONS. In this subchapter: |
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(1) "Edible cannabis products" means medical cannabis |
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products that: |
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(A) contain medical cannabis and other |
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ingredients; and |
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(B) are intended and safe for human consumption. |
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(2) "Medical 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. The |
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term includes medical cannabis concentrate and medical cannabis |
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products. |
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(3) "Medical cannabis concentrate" means the resin |
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extracted from a part of the plant Cannabis sativa L., or a |
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compound, manufacture, salt, derivative, mixture, or preparation |
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of the resin. |
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(4) "Medical cannabis product" means a product that is |
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intended for medical use and that is infused with or contains any |
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part of the plant Cannabis sativa L. or a compound, manufacture, |
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salt, derivative, mixture, preparation, or oil of that plant. The |
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term includes edible cannabis products and other products that |
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contain medical cannabis. |
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Sec. 481.402. NONAPPLICABILITY. This subchapter does not |
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apply to: |
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(1) low-THC cannabis, as defined by Section 169.001, |
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Occupations Code; |
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(2) hemp, as defined by Section 121.001, Agriculture |
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Code; or |
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(3) consumable hemp products, as defined by Section |
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443.001, Health and Safety Code. |
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Sec. 481.403. DISPENSING MEDICAL CANNABIS. Medical |
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cannabis may be dispensed to a patient only by a pharmacist licensed |
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under Subtitle J, Title 3, Occupations Code, at a pharmacy licensed |
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under Chapter 560, Occupations Code, under a valid prescription. |
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Sec. 481.404. LICENSE. A person may not cultivate, |
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produce, manufacture, or distribute medical cannabis without a |
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license issued by the board. |
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Sec. 481.405. RULES. The board may adopt rules to implement |
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this subchapter, including fees for the issuance and renewal of a |
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license issued under Section 481.404. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |