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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical use of low-THC cannabis by patients with |
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certain medical conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 169.001(3), Occupations Code, is amended |
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to read as follows: |
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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 not more than five [one] percent by weight of |
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tetrahydrocannabinols. |
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SECTION 2. Section 169.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. (a) A |
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physician described by Section 169.002 may prescribe low-THC |
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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 |
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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: |
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(i) epilepsy; |
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(ii) a seizure disorder; |
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(iii) multiple sclerosis; |
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(iv) spasticity; |
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(v) amyotrophic lateral sclerosis; |
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(vi) autism; |
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(vii) cancer; |
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(viii) an incurable neurodegenerative |
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disease; |
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(ix) post-traumatic stress disorder; [or] |
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(x) a condition that causes chronic pain, |
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for which a physician would otherwise prescribe an opioid; |
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(xi) a medical condition that is approved |
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for a research program under Subchapter F, Chapter 487, Health and |
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Safety Code, and for which the patient is receiving treatment under |
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that program; or |
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(xii) a debilitating medical condition |
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designated by the Department of State Health Services under |
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Subsection (b); and |
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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. |
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(b) The Department of State Health Services by rule may |
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designate debilitating medical conditions for which a physician may |
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prescribe low-THC cannabis under this section. |
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SECTION 3. This Act takes effect September 1, 2023. |