Texas 2015 - 84th Regular

Texas Senate Bill SB1839 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R3161 JSC-F
2	2	By: Menéndez S.B. No. 1839
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing the possession, use, cultivation,
8	8	distribution, transportation, and delivery of cannabis for medical
9	9	purposes; authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
12	12	amended by adding Chapter 488 to read as follows:
13	13	CHAPTER 488. USE OF CANNABIS FOR MEDICAL PURPOSES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 488.001. DEFINITIONS. In this chapter:
16	16	(1) "Allowable amount of cannabis" means:
17	17	(A) 2.5 ounces of cannabis;
18	18	(B) the quantity of edible cannabis products and
19	19	cannabis-infused products as established by department rule;
20	20	(C) not more than six cannabis plants contained
21	21	in a secure space at the cardholder's private residence, except the
22	22	plants are not required to be in a secure space if the plants are
23	23	being transported or delivered to a medical cannabis establishment;
24	24	and
25	25	(D) cannabis, edible cannabis products, or any
26	26	cannabis-infused products produced from allowable plants that are
27	27	on the premises where the plants were grown.
28	28	(2) "Bona fide practitioner-patient relationship"
29	29	means a relationship in which a treatment or consulting
30	30	relationship between a practitioner and patient exists, during the
31	31	course of which:
32	32	(A) the practitioner has completed an assessment
33	33	of the patient's medical history and current medical condition,
34	34	including an appropriate in-person physical examination;
35	35	(B) the practitioner has consulted with the
36	36	patient with respect to the patient's debilitating medical
37	37	condition; and
38	38	(C) the practitioner is available or offers to
39	39	provide follow-up care and treatment to the patient, including
40	40	patient examinations.
41	41	(3) "Cannabis-infused product" means a product that is
42	42	infused with cannabis or an extract of cannabis and is intended for
43	43	use or consumption by humans through means other than inhalation or
44	44	oral ingestion, including a topical product, ointment, oil, or
45	45	tincture.
46	46	(4) "Cannabis paraphernalia" means equipment, a
47	47	product, or material used or intended for use in the planting,
48	48	propagating, cultivating, growing, harvesting, manufacturing,
49	49	compounding, converting, producing, processing, preparing,
50	50	testing, analyzing, packaging, repackaging, storing, containing,
51	51	or concealing of cannabis, or the ingesting or inhaling of
52	52	cannabis, or other means of introducing cannabis into the human
53	53	body.
54	54	(5) "Cannabis product manufacturing facility" means a
55	55	business that:
56	56	(A) is registered with the department under this
57	57	chapter; and
58	58	(B) acquires, possesses, manufactures, delivers,
59	59	transfers, transports, supplies, or sells edible cannabis products
60	60	or cannabis-infused products to medical cannabis dispensaries.
61	61	(6) "Cannabis testing facility" or "testing facility"
62	62	means an independent entity registered to analyze the safety and
63	63	potency of cannabis.
64	64	(7) "Cardholder" means a qualifying patient or a
65	65	designated caregiver who has been issued a valid registry
66	66	identification card.
67	67	(8) "Cultivation facility" means a business that:
68	68	(A) is registered with the department under this
69	69	chapter; and
70	70	(B) acquires, possesses, cultivates, delivers,
71	71	transfers, transports, supplies, or sells cannabis and related
72	72	supplies to medical cannabis establishments.
73	73	(9) "Debilitating medical condition" means:
74	74	(A) cancer, glaucoma, acquired immune deficiency
75	75	syndrome, infection with human immunodeficiency virus, Crohn's
76	76	disease, ulcerative colitis, agitation of Alzheimer's disease, or
77	77	post-traumatic stress disorder;
78	78	(B) a chronic medical condition that produces, or
79	79	the treatment of a chronic medical condition that produces:
80	80	(i) cachexia or wasting syndrome;
81	81	(ii) severe pain;
82	82	(iii) severe nausea;
83	83	(iv) seizures, including those
84	84	characteristic of epilepsy; or
85	85	(v) severe and persistent muscle spasms,
86	86	including those characteristic of multiple sclerosis; or
87	87	(C) any other medical condition or symptoms
88	88	caused by the treatment of a medical condition approved as a
89	89	debilitating medical condition by department rule.
90	90	(10) "Department" means the Department of State Health
91	91	Services.
92	92	(11) "Designated caregiver" means an individual who:
93	93	(A) is at least 21 years of age;
94	94	(B) has significant responsibility for managing
95	95	the well-being of a person diagnosed with a debilitating medical
96	96	condition;
97	97	(C) is designated as a caregiver under this
98	98	chapter; and
99	99	(D) assists no more than five registered
100	100	qualifying patients.
101	101	(12) "Edible cannabis product" means a product that:
102	102	(A) contains cannabis or an extract of cannabis;
103	103	(B) is intended for human consumption by oral
104	104	ingestion; and
105	105	(C) is presented in the form of a foodstuff,
106	106	extract, oil, tincture, or similar product.
107	107	(13) "Executive commissioner" means the executive
108	108	commissioner of the Health and Human Services Commission.
109	109	(14) "Medical cannabis" or "cannabis" means the plant
110	110	Cannabis sativa L., whether growing or not, the seeds of that plant,
111	111	and every compound, manufacture, salt, derivative, mixture, or
112	112	any preparation of that plant or its seeds, including preparations
113	113	containing organic delta-9 tetrahydrocannabinol (THC), organic
114	114	cannabidiol (CBD), or organic resin extracted from the plant or its
115	115	seeds, or a compound, manufacture, salt, derivative, mixture, or
116	116	preparation of the resin. The term does not include:
117	117	(A) the mature stalks of the plant or fiber
118	118	produced from the stalks;
119	119	(B) oil or cake made from the seeds of the plant;
120	120	(C) a compound, manufacture, salt, derivative,
121	121	mixture, or preparation of the mature stalks, fiber, oil, or cake;
122	122	or
123	123	(D) the sterilized seeds of the plant that are
124	124	incapable of beginning germination.
125	125	(15) "Medical cannabis dispensary" or "dispensary"
126	126	means a business that:
127	127	(A) is registered with the department under this
128	128	chapter; and
129	129	(B) acquires, possesses, delivers, transfers,
130	130	transports, supplies, sells, or dispenses cannabis, cannabis
131	131	products, cannabis-infused products, cannabis paraphernalia, or
132	132	related supplies and educational materials to cardholders and
133	133	nonresident cardholders.
134	134	(16) "Medical cannabis establishment" means a
135	135	cannabis cultivation facility, a cannabis testing facility, a
136	136	cannabis product manufacturing facility, or a dispensary.
137	137	(17) "Medical cannabis establishment agent" means an
138	138	owner, officer, board member, employee, volunteer, contractor,
139	139	property owner, or landlord of a medical cannabis establishment.
140	140	(18) "Medical use" includes the acquisition,
141	141	administration, cultivation, delivery, growing, harvesting,
142	142	manufacture, planting, possession, preparation, propagation,
143	143	transfer, transportation, or use of cannabis or cannabis
144	144	paraphernalia. The term does not include planting, propagating,
145	145	cultivating, growing, manufacturing, or harvesting cannabis by a
146	146	nonresident cardholder.
147	147	(19) "Nonresident card" means a card or other
148	148	documentation that is issued by a state other than this state
149	149	authorizing the holder or bearer to possess and use medical
150	150	cannabis.
151	151	(20) "Nonresident cardholder" means a person who:
152	152	(A) has been diagnosed with a debilitating
153	153	medical condition or is the parent, guardian, conservator, or other
154	154	person with authority to consent to the medical treatment of a
155	155	person diagnosed with a debilitating medical condition;
156	156	(B) is not a resident of this state or who has
157	157	been a resident of this state for less than 45 days;
158	158	(C) was issued a currently valid registry
159	159	identification card or its equivalent by a state, district, or
160	160	jurisdiction other than this state; and
161	161	(D) has been issued a nonresident eligibility
162	162	confirmation letter under this chapter.
163	163	(21) "Practitioner" means a person who is authorized
164	164	to prescribe pharmaceutical medications to humans in this state.
165	165	(22) "Qualifying patient" means a person who has been
166	166	diagnosed by a practitioner as having a debilitating medical
167	167	condition.
168	168	(23) "Registry identification card" means a document
169	169	issued by the department, or the functional equivalent of a
170	170	document issued under this chapter, that identifies a person as a
171	171	registered qualifying patient or registered designated caregiver.
172	172	(24) "Secure space" means a closet, display case,
173	173	room, greenhouse, or other area equipped with locks or other
174	174	security devices intended to limit access to those spaces only to
175	175	medical cannabis establishment agents or cardholders.
176	176	(25) "Written certification" means a document dated
177	177	and signed by a practitioner stating that, in the practitioner's
178	178	professional opinion, the patient is likely to receive therapeutic
179	179	or palliative benefit from the medical use of cannabis to treat or
180	180	alleviate the patient's debilitating medical condition or symptoms
181	181	associated with the debilitating medical condition. A written
182	182	certification must:
183	183	(A) affirm that it is made in the course of a bona
184	184	fide practitioner-patient relationship; and
185	185	(B) specify the qualifying patient's
186	186	debilitating medical condition.
187	187	Sec. 488.002. PETITION TO ADD DEBILITATING MEDICAL
188	188	CONDITION. (a) A person may submit to the department a petition to
189	189	add a medical condition to the definition of "debilitating medical
190	190	condition" provided by Section 488.001(9).
191	191	(b) The department shall hold a public evidentiary hearing
192	192	on the petition and shall approve or deny the petition not later
193	193	than the 181st day after the date the petition is submitted.
194	194	SUBCHAPTER B. REGISTRATION AND REGULATION OF QUALIFYING PATIENTS,
195	195	DESIGNATED CAREGIVERS, AND MEDICAL CANNABIS ESTABLISHMENTS
196	196	Sec. 488.051. RULES FOR MEDICAL CANNABIS REGULATION. (a)
197	197	The executive commissioner shall adopt rules as necessary or proper
198	198	to carry out the purposes and intent of this chapter and to enable
199	199	the department to exercise the powers and perform the duties
200	200	conferred on the department by this chapter, including:
201	201	(1) the establishment and maintenance of a
202	202	confidential registry of qualifying patients who have applied for
203	203	and are entitled to receive a registry identification card;
204	204	(2) the verification of a certification concerning a
205	205	person who has applied for a registry identification card;
206	206	(3) the issuance and form of a registry identification
207	207	card;
208	208	(4) the determination of the manner of adding medical
209	209	conditions to the list of debilitating medical conditions,
210	210	including by petition as provided by Section 488.002;
211	211	(5) the form and any additional required content of a
212	212	registration application and a renewal application submitted under
213	213	this chapter;
214	214	(6) the form and any additional required content of an
215	215	affidavit to be used by nonresident cardholders under this chapter;
216	216	(7) fees for medical cannabis establishments,
217	217	cardholders, and nonresident cardholders;
218	218	(8) the safe and responsible operation of medical
219	219	cannabis establishments, including:
220	220	(A) the manner of protecting against diversion
221	221	and theft without compromising the confidentiality of cardholders
222	222	and nonresident cardholders or imposing an undue burden on medical
223	223	cannabis establishments;
224	224	(B) requirements for the oversight of medical
225	225	cannabis establishments;
226	226	(C) requirements for the keeping of records by
227	227	medical cannabis establishments;
228	228	(D) rules for random sample testing to ensure
229	229	that cannabis, cannabis products, and cannabis-infused products
230	230	available to cardholders and nonresident cardholders are
231	231	accurately labeled for content and potency, in accordance with
232	232	standards established by department rule, for the preservation of
233	233	the health and safety of registered qualifying patients;
234	234	(E) rules under which the department shall notify
235	235	a medical cannabis dispensary if a qualifying patient who holds a
236	236	valid registry identification card has chosen the dispensary as the
237	237	patient's designated medical cannabis dispensary;
238	238	(F) certification standards for cannabis testing
239	239	facilities that will test cannabis, cannabis products, and
240	240	cannabis-infused products that are available to cardholders in this
241	241	state; and
242	242	(G) standards for the certification of testing
243	243	facilities; and
244	244	(9) the quantity of edible cannabis products and
245	245	cannabis-infused products not produced from allowable plants that
246	246	cardholders and nonresident cardholders may possess.
247	247	(b) The department shall approve or deny qualifying patient
248	248	registration applications or qualifying patient renewal
249	249	applications under this chapter.
250	250	(c) The department may deny any registration issued under
251	251	this chapter if the department determines that the applicant fails
252	252	to meet the minimum criteria established by this chapter.
253	253	(d) The department may take any action with respect to a
254	254	registration application in the manner provided by this chapter.
255	255	(e) The department shall develop and publish any forms,
256	256	identification certificates, and applications that are necessary
257	257	or convenient for the administration of this chapter or any of the
258	258	rules adopted under this chapter.
259	259	Sec. 488.052. FEES. (a) Except as otherwise provided by
260	260	Subsection (b), the department shall collect a fee of:
261	261	(1) not more than $20,000 for the initial issuance of a
262	262	medical cannabis establishment registration certificate for a
263	263	medical cannabis dispensary;
264	264	(2) not more than $10,000 for the renewal of a medical
265	265	cannabis establishment registration certificate for a medical
266	266	cannabis dispensary;
267	267	(3) not more than $3,000 for the initial issuance of a
268	268	medical cannabis establishment registration certificate for a
269	269	cultivation facility;
270	270	(4) not more than $1,000 for the renewal of a medical
271	271	cannabis establishment registration certificate for a cultivation
272	272	facility;
273	273	(5) not more than $3,000 for the initial issuance of a
274	274	medical cannabis establishment registration certificate for a
275	275	facility for the production of edible cannabis products or
276	276	cannabis-infused products;
277	277	(6) not more than $2,000 for the renewal of a medical
278	278	cannabis establishment registration certificate for a facility for
279	279	the production of edible cannabis products or cannabis-infused
280	280	products;
281	281	(7) not more than $5,000 for the initial issuance of a
282	282	medical cannabis establishment registration certificate for an
283	283	independent testing facility;
284	284	(8) not more than $3,000 for the renewal of a medical
285	285	cannabis establishment registration certificate for an independent
286	286	testing facility;
287	287	(9) not more than $50 for each registry identification
288	288	card or renewal registry identification card; and
289	289	(10) an amount not to exceed the reasonable costs to
290	290	the department for the issuance and processing of the prescribed
291	291	affidavit of a nonresident cardholder.
292	292	(b) In addition to the fees described by Subsection (a),
293	293	each applicant for a medical cannabis establishment registration
294	294	certificate must pay to the department a one-time, nonrefundable
295	295	application fee of $2,000.
296	296	(c) The department shall deposit fees collected under this
297	297	section to the credit of a fund in the general revenue fund, to be
298	298	appropriated by the legislature only to the department for the
299	299	purposes of administering this chapter, and to the extent that
300	300	excess funds exist, for research into the safety and efficacy of
301	301	medical cannabis for medical conditions, with a preference being
302	302	given for conditions that are not designated by definition or rule
303	303	as debilitating medical conditions under this chapter.
304	304	Sec. 488.053. CONFIDENTIALITY OF QUALIFYING PATIENT
305	305	INFORMATION. (a) Except as provided by Subsection (c) or as
306	306	otherwise authorized under this chapter, the department shall
307	307	maintain the confidentiality of and may not disclose:
308	308	(1) the contents of any applications, records, or
309	309	other written documentation that the department creates or receives
310	310	under this chapter; or
311	311	(2) the name or any other identifying information of:
312	312	(A) a certifying practitioner; or
313	313	(B) a person who has applied for or to whom the
314	314	department has issued a registry identification card or nonresident
315	315	confirmation letter.
316	316	(b) Except as provided by Subsection (c), the information
317	317	described by Subsection (a) is confidential under Section 552.101,
318	318	Government Code, and is not subject to disclosure under Chapter
319	319	552, Government Code.
320	320	(c) The department may release the name and other
321	321	identifying information of a person to whom the department has
322	322	issued a registry identification card or a nonresident confirmation
323	323	letter to:
324	324	(1) authorized employees of the department, only as
325	325	necessary to perform official duties of the department related to
326	326	this chapter;
327	327	(2) authorized employees of state and local law
328	328	enforcement agencies, only as necessary to verify that a person who
329	329	has been discovered in possession of cannabis or cannabis
330	330	paraphernalia is the lawful holder of a registry identification
331	331	card or nonresident confirmation letter issued under this chapter;
332	332	and
333	333	(3) medical cannabis dispensary agents, only as
334	334	necessary to verify that a person is the lawful holder of a registry
335	335	identification card or nonresident confirmation letter issued
336	336	under this chapter and that the dispensary has been designated by
337	337	the cardholder or nonresident cardholder.
338	338	Sec. 488.054. APPLICATION BY QUALIFYING PATIENT. (a) The
339	339	department shall develop an application form and make that form
340	340	available to a qualifying patient.
341	341	(b) The applicant must submit:
342	342	(1) a written certification issued by a practitioner
343	343	not more than 90 days before the date the application is submitted;
344	344	(2) the application fee;
345	345	(3) the name, address, and date of birth of the
346	346	qualifying patient, except that if the applicant is homeless, no
347	347	address is required;
348	348	(4) the name, address, and telephone number of the
349	349	qualifying patient's practitioner; and
350	350	(5) the name of not more than two dispensaries that the
351	351	qualifying patient initially designates, if any.
352	352	Sec. 488.055. DESIGNATION OF CAREGIVER. (a) The department
353	353	shall develop a form for a qualifying patient to designate a
354	354	caregiver.
355	355	(b) The form must require the qualifying patient to provide
356	356	the designated caregiver's full name, home address, and date of
357	357	birth.
358	358	(c) A qualifying patient may designate only one caregiver,
359	359	unless the qualifying patient submits documentation satisfactory
360	360	to the department showing that a greater number of designated
361	361	caregivers are required due to the qualifying patient's age or
362	362	disability.
363	363	(d) The executive commissioner shall adopt rules for a
364	364	qualifying patient who is a cardholder to change the patient's
365	365	designated caregiver or caregivers.
366	366	Sec. 488.056. REGISTRATION OF NONRESIDENT CARDHOLDERS. (a)
367	367	The state and the medical cannabis dispensaries designated by a
368	368	nonresident cardholder may recognize a nonresident card only if:
369	369	(1) the state or jurisdiction from which the holder or
370	370	bearer obtained the nonresident card grants an exemption from
371	371	criminal prosecution for the medical use of cannabis;
372	372	(2) the state or jurisdiction from which the holder or
373	373	bearer obtained the nonresident card requires, as a prerequisite to
374	374	the issuance of the card, that a practitioner advise the person that
375	375	the medical use of cannabis may mitigate the symptoms or effects of
376	376	the person's medical condition;
377	377	(3) the nonresident card has an expiration date that
378	378	has not yet occurred; and
379	379	(4) the person to whom the nonresident card was issued
380	380	signs an affidavit in a form prescribed by the department that:
381	381	(A) affirms that the holder or bearer is entitled
382	382	to engage in the medical use of cannabis in the holder's or bearer's
383	383	state or jurisdiction of residence;
384	384	(B) acknowledges the holder or bearer qualifies
385	385	for the medical use of cannabis in that state or jurisdiction; and
386	386	(C) states that the person agrees to abide by all
387	387	applicable requirements related to the medical use of cannabis in
388	388	this chapter, including the legal limits on the possession of
389	389	cannabis for medical purposes for a nonresident cardholder in this
390	390	state.
391	391	(b) While in this state, the holder or bearer of a
392	392	nonresident card may not possess cannabis for medical purposes in
393	393	excess of the allowable amount of cannabis, regardless of the
394	394	amount of medical cannabis that the holder or bearer is entitled to
395	395	possess in the holder's or bearer's state or jurisdiction of
396	396	residence.
397	397	(c) The department shall develop the affidavit described by
398	398	Subsection (a)(4) and make the affidavit available to holders or
399	399	bearers of nonresident cards.
400	400	(d) The holder or bearer of a nonresident card must submit
401	401	to the department:
402	402	(1) a signed and notarized copy of the affidavit
403	403	described by Subsection (a)(4);
404	404	(2) a copy of the holder's or bearer's identification
405	405	card or other documentation from the holder's or bearer's state or
406	406	jurisdiction of residence;
407	407	(3) the application fee;
408	408	(4) the name, address, and date of birth of the
409	409	prospective nonresident cardholder, except that if the applicant is
410	410	homeless, no address is required;
411	411	(5) the name, address, and telephone number of the
412	412	administrative agency, department, or commission with regulatory
413	413	authority over patients authorized to use medical cannabis in the
414	414	holder's or bearer's state or jurisdiction; and
415	415	(6) the name of not more than two designated
416	416	dispensaries.
417	417	(e) The department shall accept the affidavit if the holder
418	418	or bearer of a nonresident card submits the affidavit and meets all
419	419	the eligibility requirements and mail or electronically transmit a
420	420	confirmation letter to the mailing address or electronic mail
421	421	address designated by the applicant not later than the fifth
422	422	calendar day after the date the affidavit and application are
423	423	received. The confirmation shall contain:
424	424	(1) a unique, randomly assigned number identifying the
425	425	nonresident cardholder;
426	426	(2) the name of the dispensary or dispensaries
427	427	designated by the nonresident cardholder; and
428	428	(3) a statement to state and local law enforcement
429	429	agencies indicating that the department recognizes the validity of
430	430	the nonresident cardholder's status as a qualifying patient.
431	431	(f) The department shall administer the nonresident
432	432	eligibility rules in good faith so that any nonresident applicant
433	433	who meets all the eligibility requirements and submits the
434	434	affidavit shall promptly receive a confirmation letter. The
435	435	department may not deny an application on the basis of a capricious
436	436	or arbitrary decision by the department.
437	437	(g) A nonresident cardholder may engage in the medical use
438	438	of cannabis under state law until the earlier of:
439	439	(1) the date the nonresident card from the issuing
440	440	state or jurisdiction expires; or
441	441	(2) the 46th day after the date the nonresident
442	442	cardholder becomes a resident of this state.
443	443	(h) If the department fails to mail or electronically
444	444	transmit a confirmation letter within the period prescribed by
445	445	Subsection (e), a copy of the affidavit is considered the
446	446	functional equivalent of the confirmation letter.
447	447	(i) The executive commissioner shall adopt rules as
448	448	necessary to implement this section.
449	449	Sec. 488.057. CONFIDENTIAL REGISTRY. The department shall
450	450	establish and maintain a confidential registry of cardholders and
451	451	nonresident cardholders.
452	452	Sec. 488.058. USE OF MEDICAL CANNABIS AND REGISTRATION BY
453	453	QUALIFYING PATIENTS YOUNGER THAN 18 YEARS OF AGE. (a) A qualifying
454	454	patient who is younger than 18 years of age may be issued a registry
455	455	identification card only if the qualifying patient's parent,
456	456	guardian, conservator, or other person with authority to consent to
457	457	the qualifying patient's medical treatment has:
458	458	(1) given written consent; and
459	459	(2) agreed to be a designated caregiver for the
460	460	qualifying patient.
461	461	(b) A parent, guardian, conservator, or other person with
462	462	authority to consent to the qualifying patient's medical treatment
463	463	shall submit the registry application on behalf of the qualifying
464	464	patient.
465	465	Sec. 488.059. APPROVAL OR DENIAL OF REGISTRATION AND
466	466	RENEWAL. (a) The department shall approve a new or renewal
467	467	registry application and issue a registry identification card to an
468	468	applicant if the applicant meets all the eligibility requirements
469	469	and submits all the application materials. The department shall
470	470	administer the registration rules in good faith so that any
471	471	applicant who meets all the eligibility requirements and submits
472	472	all the application materials receives a registry identification
473	473	card. The department may not deny an application on the basis of a
474	474	capricious or arbitrary decision by the department.
475	475	(b) The department shall, not later than the 35th calendar
476	476	day after the date the department receives the completed
477	477	application materials:
478	478	(1) approve the application, add the applicant to the
479	479	confidential registry, and issue to the applicant a registry
480	480	identification card; or
481	481	(2) deny the application and notify the applicant in
482	482	writing of the denial, the grounds on which the application was
483	483	denied, and the applicant's entitlement to a hearing.
484	484	(c) If the department fails to issue or renew a registry
485	485	identification card or deny a registration within the period
486	486	described by Subsection (b), the application is considered approved
487	487	and a copy of the application and written certification is the
488	488	functional equivalent of a registry identification card.
489	489	Sec. 488.060. FORM OF REGISTRY IDENTIFICATION CARD;
490	490	EXPIRATION. (a) A registry identification card must contain a
491	491	unique identification number.
492	492	(b) Except as otherwise provided by Subsection (c) or (d), a
493	493	registry identification card is valid for one year.
494	494	(c) If the practitioner states in the written certification
495	495	that the qualifying patient would benefit from the medical use of
496	496	cannabis for a specified period of less than one year, the registry
497	497	identification card expires on the last day of the specified
498	498	period.
499	499	(d) If the registered qualifying patient's certifying
500	500	practitioner notifies the department in writing that either the
501	501	registered qualifying patient has ceased to suffer from a
502	502	debilitating medical condition or that the practitioner no longer
503	503	believes the registered qualifying patient would receive
504	504	therapeutic or palliative benefit from the medical use of cannabis,
505	505	the department shall revoke the card. The department must provide
506	506	sufficient notice to the cardholder of this change in status. The
507	507	cardholder not later than the 15th day after the date of the
508	508	notification shall:
509	509	(1) dispose of the cardholder's cannabis, as permitted
510	510	under Section 488.103(4) or 488.155(d); or
511	511	(2) appeal the card's revocation.
512	512	Sec. 488.061. RENEWAL. (a) It is the responsibility of a
513	513	cardholder to apply to renew a registry identification card before
514	514	the date on which the card expires.
515	515	(b) The department shall develop a form for a cardholder to
516	516	use in renewing a registry identification card.
517	517	(c) On renewal of a nonresident cardholder's nonresident
518	518	card, the nonresident cardholder may apply for a renewal of the
519	519	nonresident's confirmation letter. The department shall develop a
520	520	form for a nonresident renewal under this subsection.
521	521	Sec. 488.062. REVOCATION OF REGISTRY IDENTIFICATION CARD OR
522	522	CONFIRMATION LETTER. (a) Subject to Subsection (b), the
523	523	department may revoke a registry identification card or a
524	524	confirmation letter for a nonresident cardholder if the department
525	525	determines that:
526	526	(1) the practitioner who diagnosed the registered
527	527	qualifying patient's debilitating medical condition, the
528	528	cardholder, or the nonresident cardholder violated this chapter or
529	529	rules adopted under this chapter; or
530	530	(2) the cardholder or nonresident cardholder no longer
531	531	qualifies for registration.
532	532	(b) When a practitioner's violation is the basis for adverse
533	533	action, the department may not revoke the registered qualifying
534	534	patient's registry identification card unless the practitioner's
535	535	violation is related to the issuance of a written certification to
536	536	that patient.
537	537	(c) The department must provide sufficient notice to the
538	538	cardholder or nonresident cardholder of a change in status of a
539	539	practitioner not later than the 36th calendar day after the date of
540	540	the determination.
541	541	Sec. 488.063. ADVERSE DETERMINATION; HEARING. (a) If the
542	542	department denies the issuance or renewal of or revokes a registry
543	543	identification card, nonresident cardholder confirmation letter,
544	544	or medical cannabis establishment registration certificate, the
545	545	registrant or applicant is entitled to a hearing. The department
546	546	shall give written notice of the grounds for denial or revocation to
547	547	the registrant not later than the 31st day before the date of the
548	548	hearing.
549	549	(b) The executive commissioner shall establish rules
550	550	consistent with the requirements of Section 2001.176, Government
551	551	Code, for the appeal by an aggrieved party of any final decision of
552	552	the department. The decision of the department to deny an
553	553	application for a new or renewal registry identification card,
554	554	nonresident cardholder confirmation letter, or medical cannabis
555	555	establishment registration certificate is a final decision for the
556	556	purposes of judicial review.
557	557	SUBCHAPTER C. CULTIVATION, POSSESSION, AND TRANSPORTATION OF
558	558	MEDICAL CANNABIS
559	559	Sec. 488.101. LIMITED CULTIVATION AND POSSESSION FOR
560	560	REGISTERED QUALIFYING PATIENTS. (a) Notwithstanding any other
561	561	law, a registered qualifying patient who possesses a valid registry
562	562	identification card is not subject to arrest, prosecution, or
563	563	penalty in any manner, or denial of any right or privilege,
564	564	including any civil penalty or disciplinary action by a court or
565	565	occupational or professional licensing board or bureau, for
566	566	engaging in the medical use of cannabis under this chapter,
567	567	provided that the registered qualifying patient does not possess
568	568	more than the allowable amount of cannabis or an amount of cannabis
569	569	allowed the patient in accordance with Subsection (b), if
570	570	applicable.
571	571	(b) A registered qualifying patient may engage in the
572	572	medical use of cannabis in amounts greater than the allowable
573	573	amount of cannabis if the qualifying patient obtains written
574	574	documentation from the qualifying patient's practitioner stating
575	575	that greater amounts are necessary based on the qualifying
576	576	patient's debilitating medical condition.
577	577	Sec. 488.102. LIMITED CULTIVATION AND POSSESSION OF MEDICAL
578	578	CANNABIS BY DESIGNATED CAREGIVER. Notwithstanding any other law, a
579	579	designated caregiver who possesses a valid registry identification
580	580	card is not subject to arrest, prosecution, or penalty in any
581	581	manner, or denial of any right or privilege, including any civil
582	582	penalty or disciplinary action by a court or occupational or
583	583	professional licensing board or bureau for:
584	584	(1) assisting a registered qualifying patient with the
585	585	medical use of cannabis under this chapter, provided that the
586	586	designated caregiver does not possess more than the allowable
587	587	amount of cannabis or an amount of cannabis allowed the patient in
588	588	accordance with Section 488.101(b), if applicable; and
589	589	(2) receiving compensation from the designated
590	590	caregiver's registered qualifying patient for direct costs
591	591	incurred by the designated caregiver for assisting with the
592	592	registered qualifying patient's medical use of cannabis.
593	593	Sec. 488.103. ADDITIONAL PROTECTIONS FOR REGISTERED
594	594	QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS. Notwithstanding
595	595	any other law, a cardholder who has been issued a valid registry
596	596	identification card is not subject to arrest, prosecution, or
597	597	penalty in any manner, or denial of any right or privilege,
598	598	including any civil penalty or disciplinary action by a court or
599	599	occupational or professional licensing board or bureau for:
600	600	(1) transferring cannabis to a cannabis testing
601	601	facility for testing;
602	602	(2) compensating a dispensary or a testing facility
603	603	for goods or services provided;
604	604	(3) selling, transferring, or delivering cannabis,
605	605	including seeds, produced by the cardholder to a cultivation
606	606	facility under this chapter; or
607	607	(4) offering or providing cannabis to another
608	608	cardholder or nonresident cardholder, or to a dispensary if nothing
609	609	of value is transferred in return and the cardholder giving the
610	610	cannabis does not knowingly cause the recipient to possess more
611	611	than the allowable amount of cannabis, or an amount of cannabis
612	612	allowed the recipient in accordance with Section 488.101(b), if
613	613	applicable.
614	614	Sec. 488.104. PROTECTIONS FOR NONRESIDENT CARDHOLDER.
615	615	Notwithstanding any other law, a nonresident cardholder is not
616	616	subject to arrest, prosecution, or penalty in any manner, or denial
617	617	of any right or privilege, including any civil penalty or
618	618	disciplinary action by a court or occupational or professional
619	619	licensing board or bureau, for engaging in the medical use of
620	620	cannabis under this chapter, provided that the nonresident
621	621	cardholder does not possess more than the allowable amount of
622	622	cannabis or more than the quantity of edible cannabis products or
623	623	cannabis-infused products as established by department rule.
624	624	Sec. 488.105. ADDITIONAL MEDICAL CANNABIS PROTECTIONS.
625	625	Notwithstanding any other law, a person may not be subject to
626	626	arrest, prosecution, or penalty in any manner, or denied any right
627	627	or privilege, including any civil penalty or disciplinary action by
628	628	a court or occupational or professional licensing board or bureau,
629	629	for:
630	630	(1) providing or selling cannabis paraphernalia to a
631	631	cardholder, a nonresident cardholder, or a medical cannabis
632	632	establishment on presentation of a valid registry identification
633	633	card, its equivalent, or a registration certificate;
634	634	(2) being in the presence or vicinity of the medical
635	635	use of cannabis as defined under this chapter; or
636	636	(3) assisting a registered qualifying patient with the
637	637	act of using or administering medical cannabis.
638	638	Sec. 488.106. PROTECTIONS FOR MEDICAL CANNABIS
639	639	ESTABLISHMENTS AND MEDICAL CANNABIS ESTABLISHMENT AGENTS.
640	640	Notwithstanding any other law, a medical cannabis establishment or
641	641	a medical cannabis establishment agent who engages in conduct in
642	642	compliance with all applicable requirements related to medical
643	643	cannabis in which the establishment or agent is registered to
644	644	engage is not subject to:
645	645	(1) search or inspection except by the department
646	646	under this chapter;
647	647	(2) seizure, or penalty in any manner;
648	648	(3) denial of any right or privilege, including a
649	649	civil penalty or disciplinary action by a court or business
650	650	licensing board or entity; or
651	651	(4) criminal prosecution for engaging in conduct
652	652	authorized by this chapter.
653	653	Sec. 488.107. PROTECTIONS FOR PROPERTY ASSOCIATED WITH
654	654	MEDICAL USE OF CANNABIS. (a) Except as provided by Subsection (c),
655	655	property that is seized by a peace officer or law enforcement agency
656	656	in connection with the prosecution of an offense involving the
657	657	manufacture, cultivation, distribution, delivery, possession, or
658	658	use of cannabis by a cardholder or nonresident cardholder is not
659	659	considered contraband and is not subject to forfeiture under
660	660	Chapter 59, Code of Criminal Procedure.
661	661	(b) Property described by Subsection (a) may not be harmed,
662	662	neglected, injured, or destroyed while in the possession of a peace
663	663	officer or law enforcement agency.
664	664	(c) If a property owner is convicted of or placed on
665	665	deferred adjudication community supervision for an offense in
666	666	connection with property described by Subsection (a), that property
667	667	is contraband subject to forfeiture under Chapter 59, Code of
668	668	Criminal Procedure.
669	669	(d) A law enforcement agency shall return property
670	670	described by Subsection (a) to the property owner if:
671	671	(1) the property owner is acquitted of the offense
672	672	charged;
673	673	(2) the charges against the property owner are
674	674	dismissed or quashed;
675	675	(3) the statute of limitations for bringing charges
676	676	against the property owner has expired; or
677	677	(4) the attorney representing the state certifies that
678	678	the attorney declines to prosecute the property owner for an
679	679	offense connected to the property.
680	680	SUBCHAPTER D. MEDICAL CANNABIS ESTABLISHMENTS
681	681	Sec. 488.151. APPLICATION FOR REGISTRATION. (a) A medical
682	682	cannabis establishment must register with the department.
683	683	(b) A person may not operate a medical cannabis
684	684	establishment without approval from the department. An applicant
685	685	must seek department approval by submitting an application to the
686	686	department on the form prescribed by the department. An applicant
687	687	must submit a separate application and receive approval for each
688	688	single type of a medical cannabis establishment.
689	689	(c) Except as otherwise provided by this subchapter, not
690	690	later than the 91st day after the date the department receives an
691	691	application to operate a medical cannabis establishment, the
692	692	department shall register the medical cannabis establishment and
693	693	issue a medical cannabis establishment registration certificate
694	694	and a random alphanumeric identification number, provided that:
695	695	(1) the person who wishes to operate the proposed
696	696	medical cannabis establishment has submitted to the department:
697	697	(A) the application fee; and
698	698	(B) an application, which must include:
699	699	(i) the legal name of the proposed medical
700	700	cannabis establishment and the physical address of any co-owned
701	701	additional or otherwise associated medical cannabis
702	702	establishments;
703	703	(ii) the physical address where the
704	704	proposed medical cannabis establishment will be located, which may
705	705	not be within 1,000 feet of a public or private school that provides
706	706	formal education traditionally associated with preschool or
707	707	kindergarten through grade 12 and that existed on the date on which
708	708	the application for the proposed medical cannabis establishment was
709	709	submitted to the department;
710	710	(iii) evidence that the applicant controls
711	711	not less than $50,000 in liquid assets to cover the initial expenses
712	712	of opening the proposed medical cannabis establishment and other
713	713	expenses in compliance with the provisions of this chapter and
714	714	department rules;
715	715	(iv) evidence that the applicant owns the
716	716	property on which the proposed medical cannabis establishment will
717	717	be located or has the written permission of the property owner to
718	718	operate the proposed medical cannabis establishment on that
719	719	property;
720	720	(v) the name, address, and date of birth of
721	721	each person who is proposed to be an owner, officer, or board member
722	722	of the proposed medical cannabis establishment;
723	723	(vi) proposed operating procedures
724	724	consistent with department rule for oversight of the proposed
725	725	medical cannabis establishment, including procedures to ensure the
726	726	use of adequate security measures;
727	727	(vii) if the proposed medical cannabis
728	728	establishment will manufacture, sell, or deliver edible cannabis
729	729	products or cannabis-infused products, proposed operating
730	730	procedures preapproved by the department for handling those
731	731	products;
732	732	(viii) if the municipality or, in the case
733	733	of a location in an unincorporated area, the county in which the
734	734	proposed medical cannabis establishment will be located has enacted
735	735	zoning restrictions or licensing requirements, proof of licensure
736	736	with the applicable local governmental authority or an affirmation
737	737	signed by the applicant that the proposed medical cannabis
738	738	establishment will be in compliance with any local restrictions and
739	739	satisfies all applicable zoning requirements; and
740	740	(ix) any other information required by
741	741	department rule; and
742	742	(2) none of the persons who are proposed to be owners,
743	743	officers, or board members of the proposed medical cannabis
744	744	establishment:
745	745	(A) have served as an owner, officer, or board
746	746	member for a medical cannabis establishment that has had its
747	747	medical cannabis establishment registration certificate revoked;
748	748	or
749	749	(B) are under 21 years of age.
750	750	(d) Except as otherwise provided in this subchapter, if an
751	751	application for registration as a medical cannabis establishment
752	752	satisfies the requirements of this section and the establishment is
753	753	not disqualified from being registered as a medical cannabis
754	754	establishment under this section or other law, the department shall
755	755	issue to the establishment a medical cannabis establishment
756	756	registration certificate.
757	757	(e) A medical cannabis establishment registration
758	758	certificate expires two years after the date of issuance and may be
759	759	renewed on:
760	760	(1) an application for renewal that contains the
761	761	information required by this section for an original application;
762	762	and
763	763	(2) payment of the renewal fee.
764	764	Sec. 488.152. DEPARTMENT AUTHORITY AND REQUIREMENTS. (a)
765	765	The executive commissioner shall adopt any rule necessary or proper
766	766	for the department to carry out the purposes and intent of this
767	767	chapter and to enable the department to exercise its powers and
768	768	perform its duties under this chapter.
769	769	(b) The department shall approve or deny an application for
770	770	cultivating, manufacturing, testing, transporting, and
771	771	distributing medical cannabis, edible cannabis products, and
772	772	cannabis-infused products under this chapter.
773	773	(c) The department may deny a new or renewal application for
774	774	a medical cannabis establishment registration certificate issued
775	775	under this chapter if the department determines that the applicant
776	776	fails to meet the minimum criteria established by this chapter.
777	777	(d) The department may take any action with respect to a new
778	778	or renewal application for a medical cannabis establishment
779	779	registration certificate in the manner prescribed by this chapter.
780	780	(e) The department shall develop and publish any forms,
781	781	identification certificates, and applications that are necessary
782	782	or convenient for the administration of this chapter or the rules
783	783	adopted under this chapter.
784	784	Sec. 488.153. GROUNDS FOR REVOCATION. (a) Except as
785	785	otherwise provided by this section, the following acts constitute
786	786	grounds for suspension or revocation of a medical cannabis
787	787	establishment registration certificate:
788	788	(1) dispensing, delivering, or otherwise transferring
789	789	cannabis to a person other than a medical cannabis establishment
790	790	agent, another medical cannabis establishment, or a cardholder or
791	791	nonresident cardholder;
792	792	(2) acquiring usable cannabis or mature cannabis
793	793	plants from any person other than a medical cannabis establishment
794	794	agent, another medical cannabis establishment, or a cardholder or
795	795	nonresident cardholder; or
796	796	(3) violating a provision of this chapter or a
797	797	department rule, the violation of which is provided by rule as
798	798	grounds for suspension or revocation of a medical cannabis
799	799	establishment registration certificate.
800	800	(b) The following are not grounds for suspension or
801	801	revocation:
802	802	(1) a medical cannabis establishment, agent or
803	803	cardholder obtains or acquires cannabis seeds from any party; or
804	804	(2) a medical cannabis establishment agent or
805	805	cardholder provides seeds to a medical cannabis establishment agent
806	806	or cardholder.
807	807	Sec. 488.154. LOCATION, LAND USE, APPEARANCE, AND SIGNAGE.
808	808	(a) A local government may enact:
809	809	(1) reasonable zoning rules that limit the use of land
810	810	for medical cannabis establishments to specified areas; and
811	811	(2) ordinances, orders, or other rules that regulate
812	812	the time, place, and manner of medical cannabis establishment
813	813	operations.
814	814	(b) A local government may not prohibit medical cannabis
815	815	establishments, either expressly or through the enactment of
816	816	ordinances, orders, or other rules, that make the operation of any
817	817	establishment within the jurisdiction impracticable.
818	818	(c) A medical cannabis establishment must:
819	819	(1) be located in a building or facility that is in a
820	820	commercial or industrial zone, district or overlay, or, in the case
821	821	of a cultivation facility, in a commercial or industrial zone,
822	822	district or overlay, or agricultural zone or district;
823	823	(2) comply with all local ordinances, orders, and
824	824	rules pertaining to zoning, land use, signage, and licensing;
825	825	(3) have an appearance, both as to the interior and
826	826	exterior, that is professional, orderly, dignified, and, in the
827	827	case of a dispensary or testing facility, consistent with the
828	828	traditional style of pharmacies and medical offices; and
829	829	(4) have discreet and professional signage that is
830	830	consistent with the traditional style of signage for pharmacies and
831	831	medical offices.
832	832	Sec. 488.155. OPERATING DOCUMENTS; SECURITY MEASURES;
833	833	OVERSIGHT. (a) The operating documents of a medical cannabis
834	834	establishment must include procedures for:
835	835	(1) providing the oversight of the medical cannabis
836	836	establishment; and
837	837	(2) ensuring accurate recordkeeping.
838	838	(b) A medical cannabis establishment may not acquire,
839	839	possess, cultivate, manufacture, deliver, transfer, transport,
840	840	supply, or dispense cannabis for any purpose except to directly or
841	841	indirectly assist registered qualifying patients, designated
842	842	caregivers who have been issued registry identification cards, or
843	843	authorized nonresident cardholders.
844	844	(c) All cultivation or production of cannabis that a
845	845	cultivation facility carries out or causes to be carried out must
846	846	take place in a secure facility at the physical address provided to
847	847	the department during the registration process. The facility may
848	848	not be accessible to persons other than:
849	849	(1) medical cannabis establishment agents who are
850	850	lawfully associated with the cultivation facility;
851	851	(2) persons 18 years of age or older supervised by a
852	852	medical cannabis establishment agent; and
853	853	(3) persons who are otherwise lawfully present,
854	854	including department agents, representatives of law enforcement,
855	855	or emergency services personnel.
856	856	(d) A medical cannabis dispensary or a cultivation facility
857	857	may acquire cannabis or cannabis plants from a cardholder. A
858	858	cardholder may donate cannabis and cannabis plants to medical
859	859	cannabis establishments no more frequently than once every 30 days.
860	860	(e) Medical cannabis establishments are subject to
861	861	reasonable inspection by the department at any time during business
862	862	hours. A person who holds a medical cannabis establishment
863	863	registration certificate or the person's designee must be
864	864	personally available and present for any inspection of the
865	865	establishment by the department.
866	866	Sec. 488.156. DUTIES OF MEDICAL CANNABIS DISPENSARIES
867	867	RELATING TO SALE OF MEDICAL CANNABIS. (a) Each medical cannabis
868	868	dispensary shall ensure that the concentration of delta-9
869	869	tetrahydrocannabinol (THC) and cannabidiol (CBD) in all cannabis,
870	870	edible cannabis products, and cannabis-infused products that the
871	871	dispensary offers is clearly and accurately stated on the product
872	872	sold.
873	873	(b) The dispensary may not sell or deliver to a cardholder
874	874	or nonresident cardholder, in any 14-day period, an amount of
875	875	cannabis for medical purposes that exceeds the allowable amount of
876	876	cannabis.
877	877	(c) A dispensary may not sell or deliver more than six
878	878	cannabis plants to a cardholder in any 180-day period.
879	879	Sec. 488.157. DESIGNATION OF MEDICAL CANNABIS
880	880	DISPENSARIES. (a) Each qualifying patient who holds a valid
881	881	registry identification card and each nonresident cardholder may
882	882	select in accordance with department rule not more than two medical
883	883	cannabis dispensaries to serve as the patient's designated medical
884	884	cannabis dispensary at any one time.
885	885	(b) A qualifying patient who designates a medical cannabis
886	886	dispensary under Subsection (a) shall communicate the designation
887	887	to the department within the time specified by the department. A
888	888	patient may change the patient's dispensary designation not more
889	889	than once in a 30-day period.
890	890	Sec. 488.158. CANNABIS TESTING FACILITIES. (a) Each
891	891	cannabis testing facility must be able to determine accurately,
892	892	with respect to cannabis, edible cannabis products, and
893	893	cannabis-infused products that are sold or will be sold at medical
894	894	cannabis dispensaries in this state:
895	895	(1) the concentration of delta-9 tetrahydrocannabinol
896	896	(THC) and cannabidiol (CBD) contained in the cannabis or product,
897	897	in accordance with the standards set by the department; and
898	898	(2) the presence and identification of contaminants
899	899	that exceed standards established by the department.
900	900	(b) To obtain certification by the department on behalf of
901	901	an independent testing facility, an applicant must:
902	902	(1) apply for certification under this chapter; and
903	903	(2) pay the required fee.
904	904	SUBCHAPTER E. LIMITATIONS
905	905	Sec. 488.201. LIMITATIONS. This chapter does not authorize
906	906	or prevent the imposition of any civil, criminal, or other penalty
907	907	for the following conduct:
908	908	(1) undertaking any task while intoxicated due to the
909	909	introduction of cannabis, when doing so would constitute negligence
910	910	or professional malpractice;
911	911	(2) possessing cannabis or otherwise engaging in the
912	912	medical use of cannabis:
913	913	(A) in a school bus;
914	914	(B) on the grounds of a preschool or primary or
915	915	secondary school; or
916	916	(C) in a correctional facility;
917	917	(3) smoking cannabis on any form of public
918	918	transportation or in a public place; or
919	919	(4) operating, navigating, or being in actual physical
920	920	control of a motor vehicle, aircraft, train, or motorboat, or
921	921	otherwise committing an offense under Chapter 49, Penal Code, while
922	922	intoxicated due to the introduction of cannabis.
923	923	SUBCHAPTER F. EMPLOYERS OF REGISTERED QUALIFYING PATIENTS
924	924	Sec. 488.251. RIGHTS OF EMPLOYERS. (a) An employer is not
925	925	required to authorize or accommodate the medical use of cannabis on
926	926	the employer's premises or any work site, except as required by
927	927	federal law.
928	928	(b) Except as provided in this subchapter and
929	929	notwithstanding other law, a person who is a registered qualifying
930	930	patient, including a nonresident cardholder, and engages in the
931	931	medical use of cannabis shall be afforded all the same rights under
932	932	state and local law, including those guaranteed under Chapter 21,
933	933	Labor Code, as the person would be afforded if the person were
934	934	solely prescribed pharmaceutical medications, as it pertains to:
935	935	(1) any interaction with a person's employer;
936	936	(2) drug testing by a person's employer; or
937	937	(3) drug testing required by any state or local law,
938	938	agency, or government official.
939	939	(c) The rights provided by this section do not apply to the
940	940	extent that they conflict with an employer's obligations under
941	941	federal law or regulations or to the extent that they would
942	942	disqualify an employer from a monetary or licensing-related benefit
943	943	under federal law or regulations.
944	944	(d) An employer is not required to allow an employee to work
945	945	while intoxicated. A registered qualifying patient may not be
946	946	considered to be intoxicated or under the influence of cannabis
947	947	solely because of the presence of metabolites or components of
948	948	cannabis that appear in insufficient concentration to cause
949	949	impairment.
950	950	SUBCHAPTER G. EQUAL PROTECTION IN MEDICAL CARE
951	951	Sec. 488.301. ORGAN TRANSPLANTS AND OTHER MEDICAL CARE.
952	952	For the purposes of medical care, including organ and tissue
953	953	transplants, a registered qualifying patient's medical use of
954	954	cannabis in accordance with this chapter is considered equivalent
955	955	to the use of pharmaceutical medication in accordance with a
956	956	prescription issued by a practitioner and does not constitute the
957	957	use of an illicit substance or otherwise disqualify a registered
958	958	qualifying patient from needed medical care.
959	959	SUBCHAPTER H. PRIVATE PROPERTY RIGHTS
960	960	Sec. 488.351. PRIVATE PROPERTY RIGHTS. Nothing in this
961	961	chapter requires any person or establishment in lawful possession
962	962	of property to allow a guest, client, customer, or other visitor to
963	963	use or possess cannabis on or in that property.
964	964	SUBCHAPTER I. HEALTH BENEFIT PLANS
965	965	Sec. 488.401. HEALTH BENEFIT PLAN REIMBURSEMENT NOT
966	966	REQUIRED. This chapter does not require a health benefit plan
967	967	issuer to provide reimbursement for medical cannabis or for a
968	968	service related to medical cannabis.
969	969	Sec. 488.402. APPLICABILITY OF SUBCHAPTER. (a) This
970	970	subchapter applies to any health benefit plan that provides
971	971	benefits for medical or surgical expenses incurred as a result of a
972	972	health condition, accident, or sickness, including an individual,
973	973	group, blanket, or franchise insurance policy or insurance
974	974	agreement, a group hospital service contract, or a small or large
975	975	employer group contract or similar coverage document that is
976	976	offered by:
977	977	(1) an insurance company;
978	978	(2) a group hospital service corporation operating
979	979	under Chapter 842, Insurance Code;
980	980	(3) a fraternal benefit society operating under
981	981	Chapter 885, Insurance Code;
982	982	(4) a stipulated premium company operating under
983	983	Chapter 884, Insurance Code;
984	984	(5) a reciprocal exchange operating under Chapter 942,
985	985	Insurance Code;
986	986	(6) a health maintenance organization operating under
987	987	Chapter 843, Insurance Code;
988	988	(7) a multiple employer welfare arrangement that holds
989	989	a certificate of authority under Chapter 846, Insurance Code; or
990	990	(8) an approved nonprofit health corporation that
991	991	holds a certificate of authority under Chapter 844, Insurance Code.
992	992	(b) This subchapter applies to group health coverage made
993	993	available by a school district in accordance with Section 22.004,
994	994	Education Code.
995	995	(c) Notwithstanding Section 172.014, Local Government Code,
996	996	or any other law, this subchapter applies to health and accident
997	997	coverage provided by a risk pool created under Chapter 172, Local
998	998	Government Code.
999	999	(d) Notwithstanding any provision in Chapter 1551, 1575,
1000	1000	1579, or 1601, Insurance Code, or any other law, this subchapter
1001	1001	applies to:
1002	1002	(1) a basic coverage plan under Chapter 1551,
1003	1003	Insurance Code;
1004	1004	(2) a basic plan under Chapter 1575, Insurance Code;
1005	1005	(3) a primary care coverage plan under Chapter 1579,
1006	1006	Insurance Code; and
1007	1007	(4) basic coverage under Chapter 1601, Insurance Code.
1008	1008	(e) Notwithstanding any other law, this subchapter applies
1009	1009	to coverage under:
1010	1010	(1) the child health plan program under Chapter 62 or
1011	1011	the health benefits plan for children under Chapter 63; and
1012	1012	(2) the medical assistance program under Chapter 32,
1013	1013	Human Resources Code.
1014	1014	SECTION 2. Subtitle B, Title 3, Occupations Code, is
1015	1015	amended by adding Chapter 170 to read as follows:
1016	1016	CHAPTER 170. AUTHORITY TO RECOMMEND MEDICAL CANNABIS TO CERTAIN
1017	1017	REGISTERED QUALIFYING PATIENTS WITH DEBILITATING MEDICAL
1018	1018	CONDITIONS
1019	1019	Sec. 170.001. DEFINITIONS. In this chapter, "bona fide
1020	1020	practitioner-patient relationship," "cannabis," "debilitating
1021	1021	medical condition," "medical cannabis," and "written
1022	1022	certification" have the meanings assigned by Section 488.001,
1023	1023	Health and Safety Code.
1024	1024	Sec. 170.002. RECOMMENDATION OF MEDICAL CANNABIS. (a) A
1025	1025	practitioner licensed under this subtitle who has examined and
1026	1026	treated a patient with a debilitating medical condition may
1027	1027	recommend the use by the patient of medical cannabis and may sign a
1028	1028	written certification if:
1029	1029	(1) a bona fide practitioner-patient relationship
1030	1030	exists;
1031	1031	(2) the practitioner determines the risk of the use of
1032	1032	medical cannabis by the patient is reasonable in light of the
1033	1033	potential benefit for the patient; and
1034	1034	(3) the practitioner has explained the risks and
1035	1035	benefits of the medical use of cannabis to the patient and, if the
1036	1036	patient is younger than 18 years of age, to at least one custodial
1037	1037	parent, guardian, conservator, or other person with authority to
1038	1038	consent to the qualifying patient's medical treatment.
1039	1039	(b) An agency, including a law enforcement agency, of this
1040	1040	state or a political subdivision of this state may not initiate an
1041	1041	administrative, civil, or criminal investigation into a
1042	1042	practitioner licensed to practice medicine in this state solely on
1043	1043	the ground that the practitioner:
1044	1044	(1) discussed the use of medical cannabis as a
1045	1045	treatment option with a patient of the practitioner; or
1046	1046	(2) signed a written certification or otherwise made a
1047	1047	written or oral statement that, in the practitioner's professional
1048	1048	opinion, the potential benefits of the use of medical cannabis
1049	1049	would likely outweigh the health risks for a particular patient.
1050	1050	(c) A practitioner may not be denied any right or privilege
1051	1051	or be subject to any disciplinary action solely for signing a
1052	1052	written certification or for otherwise making a written or oral
1053	1053	statement that, in the practitioner's professional opinion, the
1054	1054	potential benefits of the use of medical cannabis would likely
1055	1055	outweigh the health risks for a particular patient.
1056	1056	SECTION 3. Not later than December 1, 2015, the executive
1057	1057	commissioner of the Health and Human Services Commission shall
1058	1058	adopt rules as required to implement, administer, and enforce
1059	1059	Chapter 488, Health and Safety Code, as added by this Act, including
1060	1060	rules to establish the confidential registry required by that
1061	1061	chapter.
1062	1062	SECTION 4. This Act takes effect immediately if it receives
1063	1063	a vote of two-thirds of all the members elected to each house, as
1064	1064	provided by Section 39, Article III, Texas Constitution. If this
1065	1065	Act does not receive the vote necessary for immediate effect, this
1066	1066	Act takes effect September 1, 2015.