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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the cultivation, manufacture, |
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distribution, sale, testing, possession, and use of cannabis and |
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cannabis products; authorizing the imposition of taxes and fees; |
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requiring an occupational license; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Health and Safety Code, is |
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amended by adding Chapter 491 to read as follows: |
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CHAPTER 491. REGULATION AND TAXATION OF CANNABIS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 491.001. SHORT TITLE. This chapter may be cited as the |
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Texas Regulation and Taxation of Cannabis Act. |
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Sec. 491.002. DEFINITIONS. In this chapter: |
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(1) "Adult" means an individual 21 years of age or |
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older. |
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(2) "Cannabis" 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 cannabis concentrate. The |
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term does not include: |
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(A) the mature stalks of the plant or fiber |
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produced from the stalks; |
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(B) oil or cake made from the seeds of the plant; |
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(C) a compound, manufacture, salt, derivative, |
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mixture, or preparation of the mature stalks, fiber, oil, or cake; |
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or |
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(D) the sterilized seeds of the plant that are |
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incapable of beginning germination. |
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(3) "Cannabis concentrate" means the resin extracted |
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from a part of the plant Cannabis sativa L. or a compound, |
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manufacture, salt, derivative, mixture, or preparation of the |
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resin. |
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(4) "Cannabis establishment" means an entity licensed |
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by the department under this chapter to process and dispense |
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cannabis and cannabis products to an adult. |
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(5) "Cannabis grower" means an entity licensed by the |
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department to cultivate cannabis for sale and distribution to a |
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cannabis establishment. |
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(6) "Cannabis product" means a product that contains |
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cannabis and is intended for use or consumption by humans, |
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including as an edible product or as a topical product, ointment, |
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oil, or tincture. The term includes products that consist of |
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cannabis and other ingredients. |
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(7) "Cannabis secure transporter" means an entity |
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licensed by the department under this chapter to transport cannabis |
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from a cannabis grower to a cannabis establishment. |
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(8) "Cannabis testing facility" means an entity |
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licensed by the department under this chapter to analyze the safety |
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and potency of cannabis and cannabis products. |
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(9) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(10) "Cultivate" means to propagate, breed, grow, |
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harvest, dry, cure, or separate parts of the cannabis plant by |
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manual or mechanical means. |
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(11) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(12) "Executive director" means the executive |
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director of the department. |
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(13) "Process" means to separate or otherwise prepare |
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parts of the cannabis plant and to compound, blend, extract, |
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infuse, or otherwise make or prepare cannabis concentrate or |
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cannabis products. |
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SUBCHAPTER B. PROTECTIONS FROM LEGAL ACTION RELATED TO CANNABIS |
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Sec. 491.051. AUTHORIZED CONDUCT: PERSONAL USE OF CANNABIS. |
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(a) An adult is authorized under this chapter to: |
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(1) use, possess, and transport not more than 2.5 |
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ounces of cannabis, except that not more than 15 grams of that |
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amount may be in the form of cannabis concentrate; |
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(2) transfer without remuneration to another adult not |
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more than 2.5 ounces of cannabis, except that not more than 15 grams |
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of that amount may be in the form of cannabis concentrate and |
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provided that the transfer is not advertised or promoted to the |
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public; |
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(3) cultivate for personal use not more than 12 |
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cannabis plants in an area on the premises of the adult's private |
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residence, provided that the cultivation occurs in an enclosed area |
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that is: |
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(A) equipped with locks or other security devices |
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that restrict access to the area; and |
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(B) not visible from a public place without the |
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use of aircraft or optical aids; |
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(4) possess, store, or process on the premises of the |
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adult's private residence not more than: |
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(A) the amount of cannabis produced from plants |
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cultivated on the premises, provided that: |
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(i) not more than the 12 cannabis plants are |
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possessed, cultivated, or processed on the premises at one time; |
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and |
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(ii) any amount of cannabis in excess of 2.5 |
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ounces is stored in a container or area equipped with locks or other |
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security devices that restrict access to the contents of the |
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container or area; and |
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(B) 10 ounces of cannabis that was not produced |
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from plants cultivated on the premises, provided that the amount in |
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excess of 2.5 ounces is stored in a container or area described by |
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Paragraph (A)(ii); |
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(5) use, possess, process, transport, or transfer to |
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another adult without remuneration, an amount of cannabis products |
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specified by rule of the commission as the allowable amount of |
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cannabis for purposes of this subdivision; and |
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(6) use, possess, transport, or transfer to another |
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adult without remuneration, cannabis-related drug paraphernalia. |
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Sec. 491.052. AUTHORIZED CONDUCT: RETAIL CANNABIS |
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OPERATIONS. This chapter authorizes the conduct of: |
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(1) a cannabis grower director, manager, or employee |
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who, acting within the scope of the grower's license: |
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(A) cultivates cannabis or produces cannabis |
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products for sale or transfer to a cannabis establishment; and |
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(B) possesses cannabis or cannabis-related drug |
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paraphernalia; |
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(2) a cannabis establishment director, manager, or |
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employee who, acting within the scope of the establishment's |
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license, possesses cannabis or cannabis products or transfers or |
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sells cannabis, cannabis products, or cannabis-related drug |
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paraphernalia to an adult; |
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(3) a cannabis secure transporter director, manager, |
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or employee who, acting within the scope of the secure |
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transporter's license, transports or transfers cannabis or |
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cannabis products from a cannabis grower to a cannabis |
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establishment; and |
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(4) a cannabis testing facility director, manager, or |
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employee who, acting within the scope of the facility's license, |
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possesses, tests, or transports cannabis, cannabis products, or |
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cannabis-related drug paraphernalia. |
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Sec. 491.053. PROTECTION FROM LEGAL ACTION FOR AUTHORIZED |
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CONDUCT. (a) A person is not subject to arrest, prosecution, |
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forfeiture of property, or penalty in any manner or denial of any |
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right or privilege, including any civil penalty or disciplinary |
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action by a court or occupational or professional licensing board |
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or bureau solely due to conduct authorized under Section 491.051 or |
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491.052. |
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(b) The fact that a person engages in conduct authorized by |
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Section 491.051 or 491.052 does not in itself constitute grounds |
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for denying, limiting, or restricting conservatorship or |
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possession of or access to a child under Title 5, Family Code. |
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Sec. 491.054. PROHIBITION OF CANNABIS ON PRIVATE PROPERTY; |
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EXCEPTION. (a) Except as otherwise provided by Subsection (b), a |
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person may prohibit or restrict the possession, consumption, |
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cultivation, distribution, processing, sale, or display of |
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cannabis or cannabis products on property the person owns, |
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occupies, or manages. |
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(b) A person may not prohibit a residential tenant under a |
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lease agreement from possessing cannabis, cannabis products, or |
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cannabis-related drug paraphernalia or consuming cannabis by means |
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other than smoking on the premises. |
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Sec. 491.055. CONDUCT NOT AUTHORIZED UNDER THIS CHAPTER. |
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This chapter does not authorize the following conduct: |
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(1) operating a motor vehicle while intoxicated or |
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otherwise violating Chapter 49, Penal Code; |
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(2) smoking or otherwise consuming cannabis in: |
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(A) a motor vehicle while the vehicle is on a |
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public road; |
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(B) an aircraft, while the aircraft is in flight |
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or in a public area; |
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(C) a watercraft, while the watercraft is on a |
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public waterway; or |
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(D) a public place, unless: |
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(i) the public place is an area designated |
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by a political subdivision as an area where using cannabis is |
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permissible; and |
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(ii) the area described by Subparagraph (i) |
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is not accessible to persons younger than 21 years of age; |
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(3) possessing or consuming cannabis or cannabis |
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products or possessing cannabis-related drug paraphernalia: |
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(A) on the premises of a public or private child |
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care facility, prekindergarten, or primary or secondary school; |
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(B) on a school bus that serves a facility or |
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school described by Paragraph (A); or |
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(C) on the premises of a correctional facility, |
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as defined by Article 18A.251, Code of Criminal Procedure, or a |
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civil commitment facility; or |
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(4) the separation of resin from the cannabis plant by |
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butane extraction or another method that uses a substance with a |
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flashpoint below 100 degrees Fahrenheit in a public place or motor |
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vehicle or within the curtilage of a residential structure. |
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SUBCHAPTER C. DUTIES OF DEPARTMENT |
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Sec. 491.101. DUTIES OF DEPARTMENT. The department shall |
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administer this chapter. |
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Sec. 491.102. RULES; FEES. (a) The commission shall adopt |
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all necessary rules for the administration and enforcement of this |
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chapter, including rules imposing fees under this chapter in |
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amounts sufficient to cover the cost of administering this chapter. |
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(b) The commission by rule shall set application and license |
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fees under this chapter in amounts sufficient to administer this |
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chapter and may annually adjust the fees for inflation. |
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(c) The department shall deposit a fee collected under this |
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chapter to the credit of the cannabis regulation fund established |
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under Section 491.255. |
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(d) The commission shall adopt rules for the reasonable |
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regulation of cannabis growers and cannabis establishments, |
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including rules that: |
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(1) restrict the use of dangerous pesticides; |
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(2) regulate the packaging and labeling of cannabis |
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products available at a cannabis establishment; |
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(3) restrict advertising and display of cannabis and |
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cannabis products; |
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(4) restrict the maximum amount of |
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tetrahydrocannabinol that may be contained in a cannabis product |
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sold to a consumer; |
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(5) require recordkeeping and monitoring to track the |
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transfer of cannabis and cannabis products between license holders; |
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and |
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(6) require security measures provided that the |
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security measures do not restrict the cultivation of cannabis |
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outdoors or in greenhouses. |
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Sec. 491.103. TESTING, PACKAGING, AND LABELING STANDARDS. |
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(a) The commission by rule shall establish standards for: |
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(1) the operation of cannabis testing facilities; |
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(2) the testing of cannabis and cannabis products; and |
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(3) packaging and labeling requirements for cannabis |
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and cannabis products. |
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(b) In establishing standards for packaging and labeling |
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requirements under Subsection (a)(3), the commission shall require |
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that: |
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(1) cannabis and cannabis products be packaged in |
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opaque, resealable, child-resistant packaging that does not |
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resemble and may not be easily confused with typical packaging for |
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commercially sold candy; |
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(2) cannabis and cannabis products be clearly labeled; |
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and |
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(3) the label for a cannabis product disclose the |
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amount of cannabis contained in that product. |
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Sec. 491.104. SECURE TRANSPORTATION OF CANNABIS. The |
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commission by rule shall establish standards applicable to cannabis |
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secure transporters, including standards to ensure all cannabis |
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establishments are properly served. |
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Sec. 491.105. CONFLICT OF INTEREST. (a) A person who is |
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involved in the implementation, administration, or enforcement of |
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this chapter as a member of the commission, an employee of the |
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department, or a consultant to the commission or the department may |
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not also hold a pecuniary interest in any entity licensed by the |
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department under this chapter. |
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(b) A person who holds a pecuniary interest in a cannabis |
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testing facility or a cannabis secure transporter that holds a |
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license issued under this chapter may not hold a pecuniary interest |
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in any entity that holds a cannabis establishment or cannabis |
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grower license issued under this chapter. |
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(c) A person may not hold a pecuniary interest in more than |
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five entities that are licensed under this chapter as a cannabis |
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grower, except as provided by department rule. |
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Sec. 491.106. ANNUAL REPORT. The executive director shall |
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annually submit to the governor a report providing the following |
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information regarding licensing and regulation under this chapter: |
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(1) the number of licenses issued for each class of |
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license under this chapter; |
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(2) demographic information pertaining to license |
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holders; |
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(3) a description of any fines imposed on a license |
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holder or disciplinary actions taken against a license holder by |
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the department; and |
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(4) a statement of revenues and expenses of the |
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department related to the implementation, administration, and |
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enforcement of this chapter. |
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SUBCHAPTER D. LICENSING |
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Sec. 491.151. LICENSE REQUIRED. A license issued by the |
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department under this chapter is required to operate as a cannabis |
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grower, cannabis establishment, cannabis secure transporter, or |
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cannabis testing facility. |
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Sec. 491.152. QUALIFICATIONS FOR LICENSURE. The commission |
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by rule shall provide for each class of license issued under this |
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chapter qualifications for licensure that are demonstrably related |
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to the operations authorized and duties imposed under that class of |
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license. |
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Sec. 491.153. APPLICATION. (a) A person may apply for an |
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initial or renewal license under this chapter by submitting a form |
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prescribed by the department along with the application fee in an |
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amount set by the commission. |
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(b) The application must indicate the class of license |
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sought and include the name and address of the applicant, the name |
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and address of each of the applicant's directors, managers, and |
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employees, and any other information considered necessary by the |
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department to determine the applicant's eligibility for the |
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license. |
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Sec. 491.154. ISSUANCE, RENEWAL, OR DENIAL OF LICENSE. (a) |
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The department shall issue or renew a license under this chapter |
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only if: |
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(1) the department determines the applicant meets the |
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qualifications for the class of license sought established under |
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Section 491.152; and |
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(2) the applicant is in compliance with any applicable |
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local regulations. |
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(b) If the department denies the issuance or renewal of a |
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license under Subsection (a), the department shall give written |
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notice of the grounds for denial to the applicant. |
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(c) A license issued or renewed under this section expires |
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on the second anniversary of the date of issuance or renewal, as |
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applicable. |
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Sec. 491.155. DUTY TO MAINTAIN QUALIFICATIONS. A license |
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holder shall maintain compliance at all times with the |
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qualifications for the applicable class of license established |
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under Section 491.152. |
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Sec. 491.156. LICENSE SUSPENSION OR REVOCATION. (a) The |
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department may at any time suspend or revoke a license issued under |
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this chapter if the department determines that the license holder |
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has not maintained the qualifications established under Section |
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491.152 or has failed to comply with a duty imposed under this |
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chapter. |
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(b) The department shall give written notice to a license |
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holder of a license suspension or revocation under this section and |
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the grounds for the suspension or revocation. The notice must be |
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sent by certified mail, return receipt requested. |
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(c) After suspending or revoking a license issued under this |
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chapter, the department shall notify the Department of Public |
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Safety. The public safety director of the Department of Public |
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Safety may seize or place under seal all cannabis, cannabis |
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products, and cannabis-related drug paraphernalia owned or |
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possessed by the license holder. If the license is revoked, a |
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disposition may not be made of the seized or sealed cannabis, |
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cannabis products, or drug paraphernalia until the time for |
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administrative appeal of the order has elapsed or until all appeals |
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have been concluded. When a revocation order becomes final, all |
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cannabis, cannabis products, and drug paraphernalia may be |
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forfeited to the state as provided under Subchapter E, Chapter 481. |
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(d) Chapter 2001, Government Code, applies to a proceeding |
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under this section. |
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Sec. 491.157. CRIMINAL RECORD INFORMATION FOR LICENSE |
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APPLICANTS. (a) In addition to satisfying the other requirements |
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provided by commission rule under this chapter, an applicant for a |
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license under this chapter must submit to the department a complete |
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and legible set of fingerprints, on a form prescribed by the |
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commission, for the purpose of obtaining criminal history record |
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information from the Department of Public Safety and the Federal |
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Bureau of Investigation. |
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(b) The department may deny a license to an applicant who |
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does not comply with the requirement of Subsection (a). Issuance of |
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a license by the department is conditioned on the department |
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obtaining the applicant's criminal history record information |
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under this section. |
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(c) A person's conviction for an offense other than an |
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offense under Section 481.122, that involves the delivery or |
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possession of marihuana, as defined under Section 481.002, does not |
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disqualify an applicant for licensure under this chapter. |
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SUBCHAPTER E. DUTIES OF LICENSE HOLDERS |
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Sec. 491.201. DUTIES RELATING TO DISPENSING CANNABIS OR |
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CANNABIS PRODUCTS. Before dispensing cannabis or cannabis products |
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to an adult, a cannabis establishment must make reasonable efforts |
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to verify that: |
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(1) the person receiving the cannabis or cannabis |
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product is an adult; |
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(2) the cannabis or cannabis product complies with |
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department testing and labeling rules; and |
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(3) the amount dispensed is not greater than the |
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amount of cannabis or cannabis product allowed for personal use as |
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provided by Section 491.051. |
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Sec. 491.202. DUTIES RELATING TO SECURITY. (a) A license |
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holder shall ensure that the cultivation, processing, sale, or |
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display of cannabis, cannabis products, and cannabis-related drug |
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paraphernalia is not visible from a public place without the use of |
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optical aids or aircraft. |
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(b) A license holder may not cultivate, process, store, or |
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sell cannabis, cannabis products, or cannabis-related drug |
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paraphernalia at a location other than the physical address |
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approved by the department for the establishment under the license |
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issued to the establishment under this chapter. |
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(c) A license holder shall adopt reasonable security |
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measures necessary to restrict access to areas where cannabis or |
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cannabis products are stored and to prevent theft of cannabis and |
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cannabis products. |
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Sec. 491.203. LICENSE HOLDER OPERATIONS. (a) A license |
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holder may not employ or otherwise accept the services of a person |
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younger than 21 years of age. |
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(b) A cannabis establishment may not sell tobacco products, |
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as defined by Section 155.001, Tax Code. |
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Sec. 491.204. MONTHLY SALES REPORT. A cannabis |
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establishment shall monthly submit a report to the comptroller |
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specifying the amount of cannabis sold, the number of cannabis |
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products sold, and the amount of money collected in sales by the |
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establishment during the preceding month. |
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SUBCHAPTER F. TAXES |
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Sec. 491.251. SALES TAX. Cannabis and cannabis products |
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are taxable items subject to the sales tax imposed by Chapter 151, |
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Tax Code. |
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Sec. 491.252. CANNABIS TAX IMPOSED. (a) A tax is imposed |
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on each sale of cannabis or a cannabis product by a cannabis |
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establishment. |
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(b) The rate of the tax is 10 percent of the sales price of |
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the cannabis or cannabis product. |
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(c) The tax imposed by this section is administered, |
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collected, and enforced in the same manner as the tax under Chapter |
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151 is administered, collected, and enforced. |
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(d) The tax imposed by this section is in addition to any |
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other tax imposed by law. |
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Sec. 491.253. ALLOCATION OF CANNABIS TAX. (a) The |
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comptroller shall allocate the net revenue derived from the tax |
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imposed by this subchapter as follows: |
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(1) 10 percent as a local share to municipalities in |
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which cannabis establishments are located, allocated among those |
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municipalities as provided by Subsection (b); |
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(2) 10 percent as a local share to counties in which |
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cannabis establishments are located, allocated among those |
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counties as provided by Subsection (c); |
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(3) one percent to the cannabis testing and quality |
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control fund established under Section 491.254; |
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(4) the amount certified to the comptroller by the |
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commission under Section 491.255 to the fund established under that |
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section; and |
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(5) the remainder to the public school teachers fund |
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established under Section 491.256. |
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(b) In determining the local share for each municipality in |
|
which one or more cannabis establishments are located, the |
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comptroller shall allocate funds under Subsection (a)(1) in |
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proportion to the number of cannabis establishments located in each |
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municipality. |
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(c) In determining the local share for each county in which |
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one or more cannabis establishments are located, the comptroller |
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shall allocate funds under Subsection (a)(2) in proportion to the |
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number of cannabis establishments located in each county. |
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Sec. 491.254. CANNABIS TESTING AND QUALITY CONTROL FUND. |
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(a) The cannabis testing and quality control fund is established |
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outside the treasury and is administered by the public safety |
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director of the Department of Public Safety. |
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(b) The public safety director shall use money in the fund |
|
available to enable Department of Public Safety crime laboratory |
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facilities to test cannabis and cannabis products on request by the |
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executive director, for the purposes of assisting the department in |
|
monitoring compliance with testing and quality control |
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requirements imposed on license holders under this chapter or by |
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commission rules adopted under this chapter. |
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(c) Interest and income from the assets of the trust fund |
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shall be credited to and deposited in the fund. |
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Sec. 491.255. CANNABIS REGULATION FUND. (a) The cannabis |
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regulation fund is established outside the treasury and is |
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administered by the commission. |
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(b) The commission shall make money in the fund available to |
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the department for implementing and administering this chapter. |
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(c) The commission shall monthly certify to the comptroller |
|
the amount of money the department expended during the preceding |
|
month in the implementation and administration of this chapter. |
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(d) Interest and income from the assets of the trust fund |
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shall be credited to and deposited in the fund. |
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Sec. 491.256. PUBLIC SCHOOL TEACHERS FUND. (a) The public |
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school teachers fund is established outside the treasury and is |
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administered by the comptroller. The comptroller shall deposit: |
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(1) half of all money allocated to the fund in a |
|
teacher retirement support account in the fund; and |
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(2) the remainder in a teacher salary support account |
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in the fund. |
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(b) Each month the comptroller shall transfer the balance of |
|
the teacher retirement support account to the state contribution |
|
account of the teacher retirement system trust fund. Money |
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transferred to the state contribution account under this section |
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may not be considered in computing the amount owed by the state |
|
under Section 825.404(a), Government Code, and is not considered a |
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state contribution for purposes of that section. |
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(c) Each month the comptroller shall transfer the balance of |
|
the teacher salary support account to the commissioner of |
|
education. Notwithstanding any other law, money transferred to the |
|
commissioner of education under this section may be used only to |
|
provide additional state aid under the Foundation School Program to |
|
public schools to pay for teacher salary increases. The |
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commissioner of education may adopt rules as necessary to implement |
|
this subsection. |
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SUBCHAPTER G. LOCAL REGULATION |
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Sec. 491.301. PROHIBITED LOCAL REGULATION. A political |
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subdivision of this state may not enact, adopt, or enforce a rule, |
|
ordinance, order, resolution, or other regulation that prohibits or |
|
unreasonably restricts the cultivation, production, processing, |
|
dispensing, transportation, or possession of cannabis or cannabis |
|
products or the operation of a cannabis grower, cannabis |
|
establishment, cannabis secure transporter, or cannabis testing |
|
facility as authorized by this chapter. |
|
Sec. 491.302. PERMISSIBLE LOCAL REGULATION. A political |
|
subdivision may adopt regulations consistent with this chapter |
|
governing the hours of operation, location, manner of conducting |
|
business, and number of cannabis growers, cannabis establishments, |
|
or cannabis testing facilities. |
|
SUBCHAPTER H. SALE OR DISTRIBUTION OF CANNABIS OR CANNABIS PRODUCT |
|
TO MINORS PROHIBITED |
|
Sec. 491.351. DEFINITION. In this subchapter, "minor" |
|
means a person younger than 21 years of age. |
|
Sec. 491.352. SALE OR DISTRIBUTION OF CANNABIS OR CANNABIS |
|
PRODUCT TO MINORS PROHIBITED; PROOF OF AGE REQUIRED. (a) A person |
|
commits an offense if the person, under the authority of this |
|
chapter: |
|
(1) sells, gives, or causes to be sold or given |
|
cannabis or cannabis products to a minor; or |
|
(2) sells, gives, or causes to be sold or given |
|
cannabis or cannabis products to another person who intends to |
|
deliver the cannabis or cannabis products to a minor. |
|
(b) If an offense under this section occurs in connection |
|
with a sale by an employee of the owner of a cannabis establishment, |
|
the employee is criminally responsible for the offense and is |
|
subject to prosecution. |
|
(c) An offense under this section is a Class C misdemeanor. |
|
(d) It is a defense to prosecution under Subsection (a)(1) |
|
that the person to whom the cannabis or cannabis products were sold |
|
or given presented to the defendant apparently valid proof of |
|
identification. |
|
(e) A proof of identification satisfies the requirements of |
|
Subsection (d) if it contains a physical description and photograph |
|
consistent with the person's appearance, purports to establish that |
|
the person is 21 years of age or older, and was issued by a |
|
governmental agency. The proof of identification may include a |
|
driver's license issued by this state or another state, a passport, |
|
or an identification card issued by a state or the federal |
|
government. |
|
SECTION 2. Section 481.062, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 481.062. EXEMPTIONS. (a) The following persons are |
|
not required to register and may possess a controlled substance |
|
under this chapter [without registering with the Federal Drug |
|
Enforcement Administration]: |
|
(1) an agent or employee of a registered 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 licensed under Chapter |
|
487 that possesses low-THC cannabis; |
|
(7) a cannabis grower, cannabis establishment, |
|
cannabis secure transporter, or cannabis testing facility licensed |
|
under Chapter 491 that possesses cannabis or cannabis products; or |
|
(8) a person who possesses cannabis or cannabis |
|
products in accordance with Chapter 491. |
|
(b) In this section, "cannabis" and "cannabis product" have |
|
the meanings assigned to those terms by Section 491.001. |
|
SECTION 3. Section 481.111, Health and Safety Code, is |
|
amended by adding Subsections (g) and (h) to read as follows: |
|
(g) Sections 481.120, 481.121, and 481.125 do not apply to a |
|
person who engages in the acquisition, possession, production, |
|
processing, cultivation, delivery, transportation, or disposal of |
|
a raw material used in or by-product created by the production or |
|
cultivation of cannabis or cannabis products if the conduct is |
|
expressly authorized by Subchapter B, Chapter 491. |
|
(h) For purposes of Subsection (g), "cannabis" and |
|
"cannabis product" have the meanings assigned to those terms by |
|
Section 491.001. |
|
SECTION 4. (a) Not later than July 1, 2024, the Texas |
|
Commission of Licensing and Regulation shall adopt rules as |
|
required to implement, administer, and enforce Chapter 491, Health |
|
and Safety Code, as added by this Act. |
|
(b) Not later than November 1, 2024, the Texas Department of |
|
Licensing and Regulation shall begin licensing cannabis growers, |
|
cannabis establishments, cannabis secure transporters, and |
|
cannabis testing facilities in accordance with Chapter 491, Health |
|
and Safety Code, as added by this Act, provided that the applicants |
|
for a license have met all requirements for approval under Chapter |
|
491, Health and Safety Code, as added by this Act. |
|
SECTION 5. This Act takes effect September 1, 2023. |