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|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the possession, use, cultivation, distribution, |
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transportation, and delivery of medical cannabis for use by |
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patients as the best available medical treatment, the licensing of |
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medical cannabis dispensing organizations, and the registration of |
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certain individuals; authorizing fees. |
|
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 487A to read as follows: |
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CHAPTER 487A. USE OF CANNABIS FOR MEDICAL PURPOSES |
|
SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 487A.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Public |
|
Safety. |
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(2) "Director" means the public safety director of the |
|
department. |
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(3) "Dispensing organization" means an organization |
|
licensed by the department to cultivate, process, and dispense |
|
medical cannabis to a patient for whom medical use is recommended |
|
under Chapter 169A, Occupations Code. |
|
(4) "Medical cannabis" and "medical use" have the |
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meanings assigned by Section 169A.001, Occupations Code. |
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SUBCHAPTER B. DUTIES OF DEPARTMENT |
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Sec. 487A.051. DUTIES OF DEPARTMENT. The department shall |
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administer this chapter. |
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Sec. 487A.052. RULES. (a) The director shall adopt any |
|
rules necessary for the administration and enforcement of this |
|
chapter. |
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(b) The director shall adopt rules imposing fees under this |
|
chapter in amounts sufficient to cover the cost of administering |
|
this chapter. |
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Sec. 487A.053. LICENSING OF DISPENSING ORGANIZATIONS AND |
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REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS. (a) The |
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department shall: |
|
(1) issue or renew a license under Subchapter C to |
|
operate as a dispensing organization to each applicant who |
|
satisfies the requirements established under this chapter for |
|
licensure as a dispensing organization; and |
|
(2) register directors, managers, and employees under |
|
Subchapter D of each dispensing organization. |
|
(b) Subject to Section 411.503, Government Code, the |
|
department shall enforce compliance of license holders and |
|
registrants and shall adopt procedures for renewing a license or |
|
registration issued under this chapter and for suspending or |
|
revoking a license or registration issued under this chapter. |
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Sec. 487A.054. MEDICAL USE REGISTRY. (a) The department |
|
shall establish and maintain a secure online medical use registry |
|
that contains: |
|
(1) the name of each physician who registers as the |
|
physician recommending medical use for a patient under Section |
|
169A.003, Occupations Code, and the name and date of birth of the |
|
patient; and |
|
(2) the amount of medical cannabis dispensed to each |
|
patient. |
|
(b) The department shall ensure the registry: |
|
(1) is designed to prevent more than one physician |
|
from registering as the physician recommending medical use for a |
|
single patient; |
|
(2) is accessible to law enforcement agencies and |
|
dispensing organizations for the purpose of verifying whether an |
|
individual is a patient for whom medical use is recommended under |
|
Chapter 169A, Occupations Code; and |
|
(3) allows a physician recommending medical use under |
|
Chapter 169A, Occupations Code, to input safety and efficacy data |
|
derived from the treatment of patients for whom medical use is |
|
recommended. |
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SUBCHAPTER C. LICENSING TO OPERATE AS DISPENSING ORGANIZATION |
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Sec. 487A.101. LICENSE REQUIRED. A person may not operate a |
|
dispensing organization unless the person holds a license issued by |
|
the department under this subchapter. |
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Sec. 487A.102. ELIGIBILITY FOR LICENSE. An applicant for a |
|
license to operate a dispensing organization is eligible for the |
|
license if: |
|
(1) as determined by the department, the applicant |
|
possesses: |
|
(A) the technical and technological ability to |
|
cultivate and produce medical cannabis; |
|
(B) the ability to secure: |
|
(i) the resources and personnel necessary |
|
to operate as a dispensing organization; and |
|
(ii) premises reasonably located to allow |
|
patients listed on the medical use registry access to the |
|
organization through existing infrastructure; |
|
(C) the ability to maintain accountability for |
|
the raw materials, the finished product, and any by-products used |
|
or produced in the cultivation or production of medical cannabis to |
|
prevent unlawful access to or unlawful diversion or possession of |
|
those materials, products, or by-products; and |
|
(D) the financial ability to maintain operations |
|
until at least the second anniversary of the application date; |
|
(2) each director, manager, or employee of the |
|
applicant is registered under Subchapter D; and |
|
(3) the applicant satisfies any additional criteria |
|
the director determines necessary to safely implement this chapter. |
|
Sec. 487A.103. APPLICATION. (a) A person may apply for an |
|
initial or renewal license under this subchapter by submitting a |
|
form prescribed by the department along with the application fee in |
|
an amount set by the director. |
|
(b) The application must include the name and address of the |
|
applicant, the name and address of each of the applicant's |
|
directors, managers, and employees, and any other information the |
|
department considers necessary to determine the applicant's |
|
eligibility for the license. |
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Sec. 487A.104. ISSUANCE, RENEWAL, OR DENIAL OF LICENSE. |
|
(a) The department shall issue or renew a license under this |
|
subchapter only if: |
|
(1) the department determines the applicant meets the |
|
eligibility requirements described by Section 487A.102; and |
|
(2) issuance or renewal of the license is necessary to |
|
ensure reasonable statewide access to, and the availability of, |
|
medical cannabis for patients registered in the medical use |
|
registry for whom medical cannabis is recommended under Chapter |
|
169A, Occupations Code. |
|
(b) If the department denies the issuance or renewal of a |
|
license under Subsection (a), the applicant is entitled to a |
|
hearing. Chapter 2001, Government Code, applies to a proceeding |
|
under this section. |
|
(c) A license issued or renewed under this subchapter |
|
expires as determined by the department in accordance with Section |
|
411.511, Government Code. |
|
Sec. 487A.105. CRIMINAL HISTORY RECORD CHECK. (a) An |
|
applicant for the issuance or renewal of a license under this |
|
subchapter shall provide the department with the applicant's name |
|
and the name of each of the applicant's directors, managers, and |
|
employees. |
|
(b) Before a dispensing organization under this subchapter |
|
hires a manager or employee for the organization, the license |
|
holder must provide the department with the name of the prospective |
|
manager or employee. The license holder may not transfer the |
|
license to another person before that prospective applicant and the |
|
applicant's directors, managers, and employees are eligible based |
|
on a criminal history record check and are registered as required by |
|
Subchapter D. |
|
(c) The department shall conduct a criminal history record |
|
check on each individual whose name is provided to the department |
|
under Subsection (a) or (b). The director by rule shall: |
|
(1) require the individual to submit a complete set of |
|
fingerprints to the department on a form prescribed by the |
|
department for purposes of a criminal history record check under |
|
this section; and |
|
(2) establish criteria for determining whether an |
|
individual is eligible based on the criminal history record check |
|
for the purposes of this section. |
|
(d) After conducting a criminal history record check under |
|
this section, the department shall notify the relevant applicant or |
|
organization and the individual who is the subject of the criminal |
|
history record check as to whether the individual is eligible based |
|
on the criminal history record check. |
|
Sec. 487A.106. DUTY TO MAINTAIN ELIGIBILITY. Each license |
|
holder under this subchapter must maintain compliance at all times |
|
with the eligibility requirements described by Section 487A.102. |
|
Sec. 487A.107. DUTIES RELATING TO DISPENSING MEDICAL |
|
CANNABIS. (a) Before dispensing medical cannabis to an individual |
|
for whom medical use is recommended under Chapter 169A, Occupations |
|
Code, the dispensing organization must verify the individual is |
|
listed as a patient in the medical use registry. |
|
(b) After dispensing medical cannabis to a patient for whom |
|
medical use is recommended under Chapter 169A, Occupations Code, |
|
the dispensing organization shall record in the medical use |
|
registry the form and quantity of the medical cannabis dispensed |
|
and the date and time of dispensation. |
|
Sec. 487A.108. LICENSE SUSPENSION OR REVOCATION. (a) The |
|
department may at any time suspend or revoke a license issued under |
|
this subchapter if the department determines the license holder has |
|
not maintained the eligibility requirements described by Section |
|
487A.102 or has failed to comply with a duty imposed under this |
|
chapter. |
|
(b) The director shall give written notice to the license |
|
holder of a license suspension or revocation under this section and |
|
the grounds for the suspension or revocation. The notice must be |
|
sent by certified mail, return receipt requested. |
|
(c) After suspending or revoking a license issued under this |
|
subchapter, the director may seize or place under seal all medical |
|
cannabis and drug paraphernalia owned or possessed by the |
|
dispensing organization. If the director orders the revocation of |
|
the license, a disposition may not be made of the seized or sealed |
|
medical cannabis or drug paraphernalia until the time for |
|
administrative appeal of the order has elapsed or until all appeals |
|
have been concluded. When a revocation order becomes final, all |
|
medical cannabis and drug paraphernalia may be forfeited to the |
|
state as provided under Subchapter E, Chapter 481. |
|
(d) Chapter 2001, Government Code, applies to a proceeding |
|
under this section. |
|
SUBCHAPTER D. REGISTRATION OF CERTAIN INDIVIDUALS |
|
Sec. 487A.151. REGISTRATION REQUIRED. (a) An individual |
|
may not act as a director, manager, or employee of a dispensing |
|
organization unless the individual is registered under this |
|
section. |
|
(b) An applicant for a registration under this section must: |
|
(1) be at least 18 years of age; |
|
(2) submit a complete set of fingerprints to the |
|
department in the manner required by department rule; and |
|
(3) pass a fingerprint-based criminal history record |
|
check as required by Section 487A.105. |
|
(c) A registration expires on the second anniversary of the |
|
date of the registration's issuance, unless suspended or revoked |
|
under rules adopted under this chapter. |
|
SUBCHAPTER E. DUTIES OF COUNTIES AND MUNICIPALITIES |
|
Sec. 487A.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT |
|
MEDICAL CANNABIS. A municipality, county, or other political |
|
subdivision may not enact, adopt, or enforce a rule, ordinance, |
|
order, resolution, or other regulation that prohibits the |
|
cultivation, production, dispensing, or possession of medical |
|
cannabis, as authorized by this chapter. |
|
SECTION 2. Subtitle B, Title 3, Occupations Code, is |
|
amended by adding Chapter 169A to read as follows: |
|
CHAPTER 169A. AUTHORITY TO RECOMMEND MEDICAL CANNABIS TO CERTAIN |
|
PATIENTS |
|
Sec. 169A.001. DEFINITIONS. In this chapter: |
|
(1) "Department" means the Department of Public |
|
Safety. |
|
(2) "Medical 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. |
|
(3) "Medical use" means the ingestion by a means of |
|
administration other than by smoking of a recommended amount of |
|
medical cannabis by an individual for whom medical use is |
|
recommended under this chapter. |
|
(4) "Smoking" means burning or igniting a substance |
|
and inhaling the smoke. |
|
Sec. 169A.002. RECOMMENDATION OF MEDICAL USE. (a) A |
|
physician may recommend medical use in accordance with this chapter |
|
to any patient for treatment of the patient's medical condition or |
|
symptoms if, in the physician's medical judgment, medical use is |
|
the best available treatment for that patient's medical condition |
|
or symptoms. |
|
(b) A physician who recommends medical use for a patient |
|
must: |
|
(1) comply with the registration requirements of |
|
Section 169A.003; and |
|
(2) certify to the department the physician has |
|
determined that: |
|
(A) medical use is the best available treatment |
|
for the patient's medical condition or symptoms; and |
|
(B) the risk of medical use by the patient is |
|
reasonable in light of the potential benefit for the patient. |
|
Sec. 169A.003. RECOMMENDING PHYSICIAN REGISTRATION. (a) |
|
Before a physician may recommend medical use for a patient under |
|
this chapter, the physician must register as the recommending |
|
physician for that patient in the medical use registry maintained |
|
by the department under Section 487A.054, Health and Safety Code. |
|
The physician's registration must indicate: |
|
(1) the physician's name; and |
|
(2) the patient's name and date of birth. |
|
(b) The department may not publish the name of a physician |
|
registered under this section unless the physician expressly grants |
|
permission. |
|
Sec. 169A.004. PATIENT TREATMENT PLAN. A physician who |
|
recommends medical use for a patient under this chapter must |
|
maintain a patient treatment plan that indicates: |
|
(1) a plan for monitoring the patient's symptoms; and |
|
(2) a plan for monitoring indicators of tolerance or |
|
reaction to medical cannabis. |
|
SECTION 3. Section 122.103(c), Agriculture Code, is amended |
|
to read as follows: |
|
(c) A qualified applicant who along with the application |
|
submits proof to the department that the applicant holds a license |
|
under Chapter 487 or 487A, Health and Safety Code, is not required |
|
to pay an application fee, and the department shall issue the |
|
license to the applicant within the time prescribed by Subsection |
|
(b). |
|
SECTION 4. Section 161.001(c), Family Code, is amended to |
|
read as follows: |
|
(c) Evidence of one or more of the following does not |
|
constitute clear and convincing evidence sufficient for a court to |
|
make a finding under Subsection (b) and order termination of the |
|
parent-child relationship: |
|
(1) the parent homeschooled the child; |
|
(2) the parent is economically disadvantaged; |
|
(3) the parent has been charged with a nonviolent |
|
misdemeanor offense other than: |
|
(A) an offense under Title 5, Penal Code; |
|
(B) an offense under Title 6, Penal Code; or |
|
(C) an offense that involves family violence, as |
|
defined by Section 71.004 of this code; |
|
(4) the parent provided or administered low-THC |
|
cannabis to a child for whom the low-THC cannabis was prescribed |
|
under Chapter 169, Occupations Code; |
|
(5) the parent provided or administered medical |
|
cannabis to a child for whom medical cannabis was recommended under |
|
Chapter 169A, Occupations Code; |
|
(6) the parent declined immunization for the child for |
|
reasons of conscience, including a religious belief; |
|
(7) [(6)] the parent sought an opinion from more than |
|
one medical provider relating to the child's medical care, |
|
transferred the child's medical care to a new medical provider, or |
|
transferred the child to another health care facility; or |
|
(8) [(7)] the parent allowed the child to engage in |
|
independent activities that are appropriate and typical for the |
|
child's level of maturity, physical condition, developmental |
|
abilities, or culture. |
|
SECTION 5. Section 262.116(a), Family Code, is amended to |
|
read as follows: |
|
(a) The Department of Family and Protective Services may not |
|
take possession of a child under this subchapter based on evidence |
|
that the parent: |
|
(1) homeschooled the child; |
|
(2) is economically disadvantaged; |
|
(3) has been charged with a nonviolent misdemeanor |
|
offense other than: |
|
(A) an offense under Title 5, Penal Code; |
|
(B) an offense under Title 6, Penal Code; or |
|
(C) an offense that involves family violence, as |
|
defined by Section 71.004 of this code; |
|
(4) provided or administered low-THC cannabis to a |
|
child for whom the low-THC cannabis was prescribed under Chapter |
|
169, Occupations Code; |
|
(5) provided or administered medical cannabis to a |
|
child for whom medical cannabis was recommended under Chapter 169A, |
|
Occupations Code; |
|
(6) declined immunization for the child for reasons of |
|
conscience, including a religious belief; |
|
(7) [(6)] sought an opinion from more than one medical |
|
provider relating to the child's medical care, transferred the |
|
child's medical care to a new medical provider, or transferred the |
|
child to another health care facility; |
|
(8) [(7)] allowed the child to engage in independent |
|
activities that are appropriate and typical for the child's level |
|
of maturity, physical condition, developmental abilities, or |
|
culture; or |
|
(9) [(8)] tested positive for marihuana, unless the |
|
department has evidence that the parent's use of marihuana has |
|
caused significant impairment to the child's physical or mental |
|
health or emotional development. |
|
SECTION 6. Section 411.0891(a), Government Code, is amended |
|
to read as follows: |
|
(a) The department may obtain as provided by Subsection |
|
(a-1) criminal history record information that relates to a person |
|
who: |
|
(1) is an applicant for or holds a registration issued |
|
by the director under Subchapter C, Chapter 481, Health and Safety |
|
Code, that authorizes the person to manufacture, distribute, |
|
analyze, or conduct research with a controlled substance; |
|
(2) is an applicant for or holds a registration issued |
|
by the department under Chapter 487 or 487A, Health and Safety Code, |
|
to be a director, manager, or employee of a dispensing organization |
|
licensed under Chapter 487 or 487A[, as defined by Section |
|
487.001], Health and Safety Code; |
|
(3) is an applicant for or holds an authorization |
|
issued by the department under Section 521.2476, Transportation |
|
Code, to do business in this state as a vendor of ignition interlock |
|
devices; |
|
(4) is an applicant for or holds certification by the |
|
department as an inspection station or an inspector under |
|
Subchapter G, Chapter 548, Transportation Code, holds an inspection |
|
station or inspector certificate issued under that subchapter, or |
|
is the owner of an inspection station operating under that chapter; |
|
(5) is an applicant for or holds a certificate of |
|
registration issued by the department under Chapter 1956, |
|
Occupations Code, to act as a metal recycling entity; |
|
(6) is an applicant for or holds a license to carry a |
|
handgun issued by the department under Subchapter H, or is an |
|
applicant for or holds a certification as an instructor issued by |
|
the department under this chapter; |
|
(7) is an applicant for or holds a Capitol access pass |
|
issued by the department under Section 411.0625; or |
|
(8) is an applicant for or holds a license or |
|
commission issued by the department under Chapter 1702, Occupations |
|
Code. |
|
SECTION 7. Section 411.502, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.502. APPLICABILITY. This subchapter applies to a |
|
program, and persons regulated under the program, administered by |
|
the department under the following laws, including rules adopted |
|
under those laws: |
|
(1) Section 411.0625; |
|
(2) Chapter 487, Health and Safety Code; |
|
(3) Chapter 487A, Health and Safety Code; |
|
(4) Chapter 1702, Occupations Code; |
|
(5) [(4)] Chapter 1956, Occupations Code; |
|
(6) [(5)] Section 521.2476, Transportation Code; and |
|
(7) [(6)] Subchapter G, Chapter 548, Transportation |
|
Code. |
|
SECTION 8. Section 443.202(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) This section does not apply to low-THC cannabis |
|
regulated under Chapter 487 or medical cannabis regulated under |
|
Chapter 487A. |
|
SECTION 9. Section 443.2025(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) This section does not apply to low-THC cannabis |
|
regulated under Chapter 487 or medical cannabis regulated under |
|
Chapter 487A. |
|
SECTION 10. Section 481.062(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The following persons may possess a controlled |
|
substance under this chapter without registering with the federal |
|
[Federal] Drug Enforcement Administration: |
|
(1) an agent or employee of a manufacturer, |
|
distributor, analyzer, or dispenser of the controlled substance who |
|
is registered with the federal [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; or |
|
(7) a dispensing organization licensed under Chapter |
|
487A that possesses medical cannabis. |
|
SECTION 11. Sections 481.111(e) and (f), Health and Safety |
|
Code, are amended to read as follows: |
|
(e) Sections 481.113, 481.116, 481.120, 481.121, 481.122, |
|
and 481.125 do not apply to a person who engages in the acquisition, |
|
possession, production, cultivation, delivery, or disposal of a raw |
|
material used in or by-product created by the production or |
|
cultivation of low-THC cannabis or medical cannabis if the person: |
|
(1) for an offense involving possession only of |
|
marihuana or drug paraphernalia, is a patient for whom low-THC |
|
cannabis is prescribed under Chapter 169, Occupations Code, or the |
|
patient's legal guardian, and the person possesses low-THC cannabis |
|
obtained under a valid prescription from a dispensing organization; |
|
[or] |
|
(2) is a director, manager, or employee of a low-THC |
|
cannabis dispensing organization and the person, solely in |
|
performing the person's regular duties at the organization, |
|
acquires, possesses, produces, cultivates, dispenses, or disposes |
|
of: |
|
(A) in reasonable quantities, any low-THC |
|
cannabis or raw materials used in or by-products created by the |
|
production or cultivation of low-THC cannabis; or |
|
(B) any drug paraphernalia used in the |
|
acquisition, possession, production, cultivation, delivery, or |
|
disposal of low-THC cannabis; |
|
(3) for an offense involving possession only of |
|
marihuana or drug paraphernalia, is a patient for whom medical use |
|
is recommended under Chapter 169A, Occupations Code, or the |
|
patient's legal guardian; or |
|
(4) is a director, manager, or employee of a medical |
|
cannabis dispensing organization and the individual, solely in |
|
performing the individual's regular duties at the organization, |
|
acquires, possesses, produces, cultivates, dispenses, or disposes |
|
of: |
|
(A) in reasonable quantities, any medical |
|
cannabis or raw materials used in or by-products created by the |
|
production or cultivation of medical cannabis; or |
|
(B) any drug paraphernalia used in the |
|
acquisition, possession, production, cultivation, delivery, or |
|
disposal of medical cannabis. |
|
(f) For purposes of Subsection (e): |
|
(1) ["Dispensing organization" has the meaning |
|
assigned by Section 487.001. |
|
[(2)] "Low-THC cannabis" has the meaning assigned by |
|
Section 169.001, Occupations Code. |
|
(2) "Low-THC cannabis dispensing organization" means |
|
a dispensing organization as defined by Section 487.001. |
|
(3) "Medical cannabis" and "medical use" have the |
|
meanings assigned by Section 169A.001, Occupations Code. |
|
(4) "Medical cannabis dispensing organization" means |
|
a dispensing organization as defined by Section 487A.001. |
|
SECTION 12. Section 551.004, Occupations Code, is amended |
|
by amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
|
(a) This subtitle does not apply to: |
|
(1) a practitioner licensed by the appropriate state |
|
board who supplies a patient of the practitioner with a drug in a |
|
manner authorized by state or federal law and who does not operate a |
|
pharmacy for the retailing of prescription drugs; |
|
(2) a member of the faculty of a college of pharmacy |
|
recognized by the board who is a pharmacist and who performs the |
|
pharmacist's services only for the benefit of the college; |
|
(3) a person who procures prescription drugs for |
|
lawful research, teaching, or testing and not for resale; |
|
(4) a home and community support services agency that |
|
possesses a dangerous drug as authorized by Section 142.0061, |
|
142.0062, or 142.0063, Health and Safety Code; [or] |
|
(5) a low-THC cannabis dispensing organization[, as |
|
defined by Section 487.001, Health and Safety Code,] that |
|
cultivates, processes, and dispenses low-THC cannabis, as |
|
authorized by a license issued under Subchapter C, Chapter 487, |
|
Health and Safety Code, to a patient listed in the |
|
compassionate-use registry established under that chapter; or |
|
(6) a medical cannabis dispensing organization that |
|
cultivates, processes, and dispenses medical cannabis, as |
|
authorized by a license issued under Subchapter C, Chapter 487A, |
|
Health and Safety Code, to a patient listed in the medical use |
|
registry established under that chapter. |
|
(a-1) For purposes of Subsections (a)(5) and (6): |
|
(1) "Low-THC cannabis dispensing organization" means |
|
a dispensing organization as defined by Section 487.001, Health and |
|
Safety Code. |
|
(2) "Medical cannabis dispensing organization" means |
|
a dispensing organization as defined by Section 487A.001, Health |
|
and Safety Code. |
|
SECTION 13. Not later than January 1, 2026, the public |
|
safety director of the Department of Public Safety shall adopt |
|
rules as required to implement, administer, and enforce Chapter |
|
487A, Health and Safety Code, as added by this Act, including rules |
|
to establish the medical use registry required by that chapter. |
|
SECTION 14. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2025. |