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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.002 (26), Health & Safety Code, is |
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amended to read as follows: |
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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 includes edible marihuana products and |
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any compound used in e-cigarettes as defined by Section 161.081. |
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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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(E) the sterilized seeds of the plant that are |
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incapable of beginning germination; or |
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(F) hemp, as that term is defined by Section |
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121.001, Agriculture Code. |
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SECTION 2. Section 481.111, Health & Safety Code, is |
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amended to read as follows: |
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Sec. 481.111. EXEMPTIONS. (a) The provisions of this |
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chapter relating to the possession and distribution of peyote do |
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not apply to the use of peyote by a member of the Native American |
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Church in bona fide religious ceremonies of the church or to a |
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person who supplies the substance to the church. An exemption |
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granted to a member of the Native American Church under this section |
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does not apply to a member with less than 25 percent Indian blood. |
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(b) The provisions of this chapter relating to the |
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possession of denatured sodium pentobarbital do not apply to |
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possession by personnel of a humane society or an animal control |
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agency for the purpose of destroying injured, sick, homeless, or |
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unwanted animals if the humane society or animal control agency is |
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registered with the Federal Drug Enforcement Administration. The |
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provisions of this chapter relating to the distribution of |
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denatured sodium pentobarbital do not apply to a person registered |
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as required by Subchapter C, who is distributing the substance for |
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that purpose to a humane society or an animal control agency |
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registered with the Federal Drug Enforcement Administration. |
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(c) A person does not violate Section 481.113, 481.116, |
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481.1161, 481.121, or 481.125 if the person possesses or delivers |
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tetrahydrocannabinols or their derivatives, or drug paraphernalia |
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to be used to introduce tetrahydrocannabinols or their derivatives |
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into the human body, for use in a federally approved therapeutic |
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research program. |
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(d) The provisions of this chapter relating to the |
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possession and distribution of anabolic steroids do not apply to |
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the use of anabolic steroids that are administered to livestock or |
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poultry. |
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(e) Sections 481.120, 481.121, 481.122, and 481.125 do not |
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apply to a person who engages in the acquisition, possession, |
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production, cultivation, delivery, or disposal of a raw material |
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used in or by-product created by the production or cultivation of |
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low-THC cannabis if the person: |
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(1) for an offense involving possession only of |
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marihuana or drug paraphernalia, is a patient for whom low-THC |
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cannabis is prescribed under Chapter 169, Occupations Code, or the |
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patient's legal guardian, and the person possesses low-THC cannabis |
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obtained under a valid prescription from a dispensing organization; |
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or |
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(2) is a director, manager, or employee of a |
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dispensing organization and the person, solely in performing the |
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person's regular duties at the organization, acquires, possesses, |
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produces, cultivates, dispenses, or disposes of: |
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(A) in reasonable quantities, any low-THC |
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cannabis or raw materials used in or by-products created by the |
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production or cultivation of low-THC cannabis; or |
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(B) any drug paraphernalia used in the |
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acquisition, possession, production, cultivation, delivery, or |
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disposal of low-THC cannabis. |
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(f) For purposes of Subsection (e): |
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(1) "Dispensing organization" has the meaning |
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assigned by Section 487.001. |
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(2) "Low-THC cannabis" has the meaning assigned by |
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Section 169.001, Occupations Code. |
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(g) Sections 481.103 and 481.1031 do not apply to a |
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substance or material that contains Tetrahydrocannabinol or its |
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synthetic equivalents and is also contained in an edible product or |
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for use in an e-cigarette. |
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SECTION 3. This Act takes effect September 1, 2021. |