82R1263 GCB-D
By: Naishtat H.B. No. 1491
A BILL TO BE ENTITLED
AN ACT
relating to the medical use of marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.121, Health and Safety Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) It is an affirmative defense to prosecution under
Subsection (a) that the person possessed the marihuana as a patient
of a physician licensed to practice medicine in this state pursuant
to the recommendation of that physician for the amelioration of the
symptoms or effects of a bona fide medical condition.
(d) An agency, including a law enforcement agency, of this
state or a political subdivision of this state may not initiate an
administrative, civil, or criminal investigation into a physician
licensed to practice medicine in this state on the ground that the
physician discussed marihuana as a treatment option with a patient
of the physician or made a written or oral statement that, in the
physician's opinion, the potential benefits of marihuana would
likely outweigh the health risks for a particular patient.
SECTION 2. Subchapter B, Chapter 164, Occupations Code, is
amended by adding Section 164.0525 to read as follows:
Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may
not be denied any right or privilege or be subject to any
disciplinary action solely for making a written or oral statement
that, in the physician's professional opinion, the potential
benefits of marihuana would likely outweigh the health risks for a
particular patient.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 4. This Act takes effect September 1, 2011.