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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical use of low-THC cannabis under and the |
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administration of the Texas 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 487.101, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 487.101. LICENSE REQUIRED. (a) A license issued by the |
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department under this chapter is required to operate a dispensing |
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organization. |
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(b) A dispensing organization licensed under this chapter |
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is not required to apply for an additional license for the use of a |
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satellite location for secure storage of low-THC cannabis if: |
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(1) the address of the satellite location was included |
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in the application; or |
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(2) the dispensing organization obtains approval from |
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the department under Section 487.1035. |
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SECTION 2. Section 487.103(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The application must include: |
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(1) the name and address of the applicant; |
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(2)[,] the name and address of each of the applicant's |
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directors, managers, and employees; |
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(3) the address of any satellite location that will be |
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used by the applicant for secure storage of low-THC cannabis under |
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Section 487.1035;[,] and |
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(4) 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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SECTION 3. Subchapter C, Chapter 487, Health and Safety |
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Code, is amended by adding Section 487.1035 to read as follows: |
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Sec. 487.1035. SATELLITE LOCATIONS. (a) A dispensing |
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organization licensed under this chapter may operate one or more |
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satellite locations in addition to the organization's primary |
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location to securely store low-THC cannabis for distribution. |
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(b) A satellite location must be approved by the department |
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before a dispensing organization may operate the location. A |
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dispensing organization may apply for approval in the form and |
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manner prescribed by the department. |
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(c) The department shall adopt rules regarding the design |
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and security requirements for satellite locations. |
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SECTION 4. Section 487.104, Health and Safety Code, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) The department may issue not more than six licenses |
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under this section for dispensing organizations in this state. |
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(e) The department shall issue and renew licenses under this |
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section in a manner that ensures adequate access to low-THC |
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cannabis for patients registered in the compassionate-use registry |
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in each public health region designated under Section 121.007. |
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SECTION 5. Subchapter C, Chapter 487, Health and Safety |
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Code, is amended by adding Section 487.1045 to read as follows: |
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Sec. 487.1045. REQUIREMENT OF LICENSE HOLDER TO BEGIN AND |
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MAINTAIN OPERATIONS. (a) An applicant issued a license to operate a |
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dispensing organization must begin dispensing low-THC cannabis not |
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later than 24 months after the date the license is issued and |
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continue dispensing low-THC cannabis during the term of a license |
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issued under this subchapter. |
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(b) The department shall adopt rules to: |
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(1) monitor whether a dispensing organization is using |
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a license issued under this subchapter to dispense low-THC |
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cannabis; and |
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(2) revoke the license of a dispensing organization |
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that does not dispense low-THC cannabis within the time required by |
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this section or that discontinues dispensing low-THC cannabis |
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during the term of a license. |
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SECTION 6. Section 487.107, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A dispensing organization may not dispense to a person |
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low-THC cannabis in a package or container that contains more than a |
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total of 300 milligrams of tetrahydrocannabinols. |
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SECTION 7. Section 487.201, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT |
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LOW-THC CANNABIS. A municipality, county, or other political |
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subdivision may not enact, adopt, or enforce a rule, ordinance, |
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order, resolution, or other regulation that prohibits the |
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cultivation, production, storage, dispensing, or possession of |
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low-THC cannabis, as authorized by this chapter. |
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SECTION 8. Sections 169.001(3), (4), and (5), Occupations |
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Code, are amended to read as follows: |
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(3) "Low-THC cannabis" means the plant Cannabis sativa |
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L., and any part of that plant or any compound, manufacture, salt, |
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derivative, mixture, preparation, resin, or oil of that plant that |
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contains not more than five milligrams [one percent by weight] of |
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tetrahydrocannabinols in each dosage unit. |
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(4) "Medical use" means the ingestion, absorption, or |
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insertion by a means of administration other than by smoking of a |
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prescribed amount of low-THC cannabis by a person for whom low-THC |
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cannabis is prescribed under this chapter. |
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(5) "Smoking" means burning or igniting a substance |
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and inhaling the smoke. The term does not include inhaling a |
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medication or other substance that is otherwise aerosolized or |
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vaporized for administration by pulmonary inhalation. |
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SECTION 9. 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 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; 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) Each prescription issued by a physician to a patient for |
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low-THC cannabis may only provide for a 90-day supply of low-THC |
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cannabis based on the dosage prescribed to the patient. |
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SECTION 10. Chapter 169, Occupations Code, is amended by |
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adding Section 169.006 to read as follows: |
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Sec. 169.006. ADMINISTRATION OF LOW-THC CANNABIS BY |
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PULMONARY INHALATION. (a) A physician may prescribe pulmonary |
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inhalation of an aerosol or vapor as a means of administration of |
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low-THC cannabis if the physician determines that based on the |
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patient's condition there is a medical necessity for that means of |
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administration. |
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(b) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules related to medical devices |
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for pulmonary inhalation of low-THC cannabis. |
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SECTION 11. Not later than October 1, 2025: |
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(1) the Department of Public Safety shall adopt the |
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rules necessary to implement Sections 487.1035 and 487.1045, Health |
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and Safety Code, as added by this Act; and |
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(2) the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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Section 169.006, Occupations Code, as added by this Act. |
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SECTION 12. This Act takes effect September 1, 2025. |