88R19088 CJD-D
 
  By: Klick, Oliverson, Howard, Jetton, Lalani, H.B. No. 1805
      et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the medical use of low-THC cannabis by patients with
  certain medical conditions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 169.001(3), Occupations Code, is amended
  to read as follows:
               (3)  "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 not more than 10 milligrams [one percent by weight] of
  tetrahydrocannabinols in each dosage unit.
         SECTION 2.  Section 169.003, Occupations Code, is amended to
  read as follows:
         Sec. 169.003.  PRESCRIPTION OF LOW-THC CANNABIS. (a) A
  physician described by Section 169.002 may prescribe low-THC
  cannabis to a patient if:
               (1)  the patient is a permanent resident of the state;
               (2)  the physician complies with the registration
  requirements of Section 169.004; and
               (3)  the physician certifies to the department that:
                     (A)  the patient is diagnosed with:
                           (i)  epilepsy;
                           (ii)  a seizure disorder;
                           (iii)  multiple sclerosis;
                           (iv)  spasticity;
                           (v)  amyotrophic lateral sclerosis;
                           (vi)  autism;
                           (vii)  cancer;
                           (viii)  an incurable neurodegenerative
  disease;
                           (ix)  post-traumatic stress disorder; [or]
                           (x)  a condition that causes chronic pain,
  for which a physician would otherwise prescribe an opioid;
                           (xi)  a medical condition that is approved
  for a research program under Subchapter F, Chapter 487, Health and
  Safety Code, and for which the patient is receiving treatment under
  that program; or
                           (xii)  a debilitating medical condition
  designated by the Department of State Health Services under
  Subsection (b); and
                     (B)  the physician determines the risk of the
  medical use of low-THC cannabis by the patient is reasonable in
  light of the potential benefit for the patient.
         (b)  The Department of State Health Services by rule may
  designate debilitating medical conditions for which a physician may
  prescribe low-THC cannabis under this section.
         SECTION 3.  This Act takes effect September 1, 2023.