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A BILL TO BE ENTITLED
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AN ACT
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relating to the delivery, possession, and medical use of low-THC |
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cannabis and associated drug paraphernalia under the Texas |
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Compassionate Use Program. |
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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 10 milligrams [one percent by weight] of |
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tetrahydrocannabinols in each dosage unit. |
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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. Section 481.111(e), Health and Safety Code, is |
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amended to read as follows: |
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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 parent or legal guardian, and the person possesses |
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low-THC cannabis obtained under a valid prescription from a |
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dispensing organization or drug paraphernalia associated with |
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administering the low-THC cannabis; |
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(2) for an offense involving delivery only of |
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marihuana or drug paraphernalia, is the parent or legal guardian of |
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a patient for whom low-THC cannabis is prescribed under Chapter |
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169, Occupations Code, and the person delivers to the patient |
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low-THC cannabis obtained under a valid prescription from a |
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dispensing organization or drug paraphernalia associated with |
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administering the low-THC cannabis; or |
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(3) [(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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SECTION 4. The change in law made by this Act to Section |
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481.111, Health and Safety Code, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |