Texas 2017 - 85th Regular

Texas House Bill HB2107 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	85R22838 JSC-F
2	2	By: Lucio III, Isaac, White, Simmons, H.B. No. 2107
3	3	Sheffield, et al.
4	4	Substitute the following for H.B. No. 2107:
5	5	By: Cortez C.S.H.B. No. 2107
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to authorizing the possession, use, cultivation,
11	11	distribution, transportation, and delivery of medical cannabis for
12	12	medical use by patients with certain debilitating medical
13	13	conditions and the licensing of dispensing organizations and
14	14	cannabis testing facilities; authorizing fees.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 481.062(a), Health and Safety Code, is
17	17	amended to read as follows:
18	18	(a) The following persons may possess a controlled
19	19	substance under this chapter without registering with the Federal
20	20	Drug Enforcement Administration:
21	21	(1) an agent or employee of a manufacturer,
22	22	distributor, analyzer, or dispenser of the controlled substance who
23	23	is registered with the Federal Drug Enforcement Administration and
24	24	acting in the usual course of business or employment;
25	25	(2) a common or contract carrier, a warehouseman, or
26	26	an employee of a carrier or warehouseman whose possession of the
27	27	controlled substance is in the usual course of business or
28	28	employment;
29	29	(3) an ultimate user or a person in possession of the
30	30	controlled substance under a lawful order of a practitioner or in
31	31	lawful possession of the controlled substance if it is listed in
32	32	Schedule V;
33	33	(4) an officer or employee of this state, another
34	34	state, a political subdivision of this state or another state, or
35	35	the United States who is lawfully engaged in the enforcement of a
36	36	law relating to a controlled substance or drug or to a customs law
37	37	and authorized to possess the controlled substance in the discharge
38	38	of the person's official duties;
39	39	(5) if the substance is tetrahydrocannabinol or one of
40	40	its derivatives:
41	41	(A) a Department of State Health Services
42	42	official, a medical school researcher, or a research program
43	43	participant possessing the substance as authorized under
44	44	Subchapter G; or
45	45	(B) a practitioner or an ultimate user possessing
46	46	the substance as a participant in a federally approved therapeutic
47	47	research program that the commissioner has reviewed and found, in
48	48	writing, to contain a medically responsible research protocol; or
49	49	(6) a dispensing organization or cannabis testing
50	50	facility licensed under Subchapter C, Chapter 487, that possesses
51	51	medical [low-THC] cannabis.
52	52	SECTION 2. Sections 481.111(e) and (f), Health and Safety
53	53	Code, are amended to read as follows:
54	54	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
55	55	apply to a person who engages in the acquisition, possession,
56	56	production, cultivation, delivery, or disposal of a raw material
57	57	used in or by-product created by the production or cultivation of
58	58	medical [low-THC] cannabis if the person:
59	59	(1) for an offense involving possession only of
60	60	marihuana or drug paraphernalia, is a patient for whom medical use
61	61	[low-THC cannabis] is recommended [prescribed] under Chapter 169,
62	62	Occupations Code, [or the patient's legal guardian,] and the person
63	63	possesses no more than the allowable amount of medical [low-THC]
64	64	cannabis, as determined under Section 487.002 [obtained under a
65	65	valid prescription from a dispensing organization]; or
66	66	(2) is a director, manager, or employee of a
67	67	dispensing organization or cannabis testing facility and the
68	68	person, solely in performing the person's regular duties at the
69	69	organization or facility, acquires, possesses, produces,
70	70	cultivates, dispenses, or disposes of:
71	71	(A) in reasonable quantities, any medical
72	72	[low-THC] cannabis or raw materials used in or by-products created
73	73	by the production or cultivation of medical [low-THC] cannabis; or
74	74	(B) any drug paraphernalia used in the
75	75	acquisition, possession, production, cultivation, delivery, or
76	76	disposal of medical [low-THC] cannabis.
77	77	(f) For purposes of Subsection (e):
78	78	(1) "Cannabis testing facility" and "dispensing
79	79	organization" have the meanings ["Dispensing organization" has the
80	80	meaning] assigned by Section 487.001.
81	81	(2) "Medical cannabis" and "medical use" have the
82	82	meanings ["Low-THC cannabis" has the meaning] assigned by Section
83	83	169.001, Occupations Code.
84	84	SECTION 3. Section 487.001, Health and Safety Code, is
85	85	amended to read as follows:
86	86	Sec. 487.001. DEFINITIONS. In this chapter:
87	87	(1) "Cannabis testing facility" means an independent
88	88	entity licensed by the department under this chapter to analyze the
89	89	safety and potency of medical cannabis.
90	90	(2) "Debilitating medical condition," "medical
91	91	cannabis," and "medical use" have the meanings assigned by Section
92	92	169.001, Occupations Code.
93	93	(3) "Department" means the Department of Public
94	94	Safety.
95	95	(4) [(2)] "Director" means the public safety director
96	96	of the department.
97	97	(5) [(3)] "Dispensing organization" means an
98	98	organization licensed by the department to cultivate, process, and
99	99	dispense medical [low-THC] cannabis to a patient for whom medical
100	100	use [low-THC cannabis] is recommended [prescribed] under Chapter
101	101	169, Occupations Code.
102	102	[(4) "Low-THC cannabis" has the meaning assigned by
103	103	Section 169.001, Occupations Code.]
104	104	SECTION 4. Subchapter A, Chapter 487, Health and Safety
105	105	Code, is amended by adding Section 487.002 to read as follows:
106	106	Sec. 487.002. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a)
107	107	The allowable amount of medical cannabis for a person for whom
108	108	medical use is recommended under Chapter 169, Occupations Code, is:
109	109	(1) not more than 2.5 ounces of medical cannabis;
110	110	(2) if applicable, a greater amount specified in
111	111	accordance with department rules by a recommending physician under
112	112	Chapter 169, Occupations Code, and included with the patient's
113	113	registration on the compassionate-use registry established under
114	114	Section 487.054; or
115	115	(3) an amount of oils or products infused with medical
116	116	cannabis such that the quantity of tetrahydrocannabinols and
117	117	cannabidiol in the oil or product does not exceed the quantity of
118	118	those substances contained in the amount of medical cannabis under
119	119	Subdivision (1) or (2), as applicable.
120	120	(b) Oils and products infused with medical cannabis must be
121	121	labeled in accordance with department rules to indicate the
122	122	quantity of tetrahydrocannabinols and cannabidiol contained in the
123	123	oil or product for purposes of determining compliance with this
124	124	section.
125	125	SECTION 5. Section 487.052, Health and Safety Code, is
126	126	amended to read as follows:
127	127	Sec. 487.052. RULES. (a) The director shall adopt any
128	128	rules necessary for the administration and enforcement of this
129	129	chapter.
130	130	(b) The director shall adopt [, including] rules imposing
131	131	fees under this chapter in amounts sufficient to cover the cost of
132	132	administering this chapter.
133	133	(c) The director shall adopt rules in accordance with
134	134	Section 487.002 governing the allowable amount of medical cannabis
135	135	a physician may recommend for a patient for whom medical use is
136	136	recommended under Chapter 169, Occupations Code.
137	137	(d) The director by rule shall adopt labeling requirements
138	138	for medical cannabis. In adopting labeling requirements, the
139	139	director shall ensure each oil and product infused with medical
140	140	cannabis is labeled with the quantity of tetrahydrocannabinols and
141	141	cannabidiol contained in the oil or product.
142	142	SECTION 6. The heading to Section 487.053, Health and
143	143	Safety Code, is amended to read as follows:
144	144	Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND
145	145	CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
146	146	INDIVIDUALS.
147	147	SECTION 7. Section 487.053(a), Health and Safety Code, is
148	148	amended to read as follows:
149	149	(a) The department shall:
150	150	(1) issue or renew a license under Subchapter C to
151	151	operate as:
152	152	(A) a dispensing organization to each applicant
153	153	who satisfies the requirements established under this chapter for
154	154	licensure as a dispensing organization; and
155	155	(B) a cannabis testing facility to each applicant
156	156	who satisfies the requirements established under this chapter for
157	157	licensure as a cannabis testing facility; and
158	158	(2) register directors, managers, and employees under
159	159	Subchapter D of each:
160	160	(A) dispensing organization; and
161	161	(B) cannabis testing facility.
162	162	SECTION 8. Section 487.054, Health and Safety Code, is
163	163	amended to read as follows:
164	164	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
165	165	department shall establish and maintain a secure online
166	166	compassionate-use registry that contains:
167	167	(1) the name of each physician who registers as the
168	168	physician recommending medical use [prescriber] for a patient under
169	169	Section 169.004, Occupations Code, and the name and date of birth of
170	170	the patient[, the dosage prescribed, the means of administration
171	171	ordered, and the total amount of low-THC cannabis required to fill
172	172	the patient's prescription]; and
173	173	(2) if applicable, the allowable amount of cannabis
174	174	specified by a recommending physician for the patient under Chapter
175	175	169, Occupations Code [a record of each amount of low-THC cannabis
176	176	dispensed by a dispensing organization to a patient under a
177	177	prescription].
178	178	(b) The department shall ensure the registry:
179	179	(1) is designed to prevent more than one [qualified]
180	180	physician from registering as the physician recommending medical
181	181	use [prescriber] for a single patient;
182	182	(2) is accessible to law enforcement agencies and
183	183	dispensing organizations for the purpose of verifying whether a
184	184	patient is one for whom medical use is recommended under Chapter
185	185	169, Occupations Code [low-THC cannabis is prescribed and whether
186	186	the patient's prescriptions have been filled]; and
187	187	(3) allows a physician recommending medical use
188	188	[qualified to prescribe low-THC cannabis] under Chapter 169
189	189	[Section 169.002], Occupations Code, to input safety and efficacy
190	190	data derived from the treatment of patients for whom medical use
191	191	[low-THC cannabis] is recommended [prescribed under Chapter 169,
192	192	Occupations Code].
193	193	SECTION 9. The heading to Subchapter C, Chapter 487, Health
194	194	and Safety Code, is amended to read as follows:
195	195	SUBCHAPTER C. LICENSING OF [LICENSE TO OPERATE AS] DISPENSING
196	196	ORGANIZATIONS AND CANNABIS TESTING FACILITIES [ORGANIZATION]
197	197	SECTION 10. Section 487.101, Health and Safety Code, is
198	198	amended to read as follows:
199	199	Sec. 487.101. LICENSE REQUIRED. A person may not operate as
200	200	a dispensing organization or a cannabis testing facility without
201	201	the appropriate license issued by the department under this
202	202	subchapter [chapter is required to operate a dispensing
203	203	organization].
204	204	SECTION 11. Section 487.102, Health and Safety Code, is
205	205	amended to read as follows:
206	206	Sec. 487.102. ELIGIBILITY FOR LICENSE TO OPERATE AS
207	207	DISPENSING ORGANIZATION. An applicant for a license to operate as a
208	208	dispensing organization is eligible for the license if:
209	209	(1) as determined by the department, the applicant
210	210	possesses:
211	211	(A) the technical and technological ability to
212	212	cultivate and produce medical [low-THC] cannabis;
213	213	(B) the ability to secure:
214	214	(i) the resources and personnel necessary
215	215	to operate as a dispensing organization; and
216	216	(ii) premises reasonably located to allow
217	217	patients listed on the compassionate-use registry access to the
218	218	organization through existing infrastructure;
219	219	(C) the ability to maintain accountability for
220	220	the raw materials, the finished product, and any by-products used
221	221	or produced in the cultivation or production of medical [low-THC]
222	222	cannabis to prevent unlawful access to or unlawful diversion or
223	223	possession of those materials, products, or by-products; and
224	224	(D) the financial ability to maintain operations
225	225	for not less than two years from the date of application;
226	226	(2) each director, manager, or employee of the
227	227	applicant is registered under Subchapter D; and
228	228	(3) the applicant satisfies any additional criteria
229	229	determined by the director to be necessary to safely implement this
230	230	chapter.
231	231	SECTION 12. Subchapter C, Chapter 487, Health and Safety
232	232	Code, is amended by adding Section 487.1021 to read as follows:
233	233	Sec. 487.1021. ELIGIBILITY FOR LICENSE TO OPERATE AS
234	234	CANNABIS TESTING FACILITY. An applicant for a license to operate as
235	235	a cannabis testing facility is eligible for the license if:
236	236	(1) as determined by the department, the applicant
237	237	possesses:
238	238	(A) the ability to secure the resources and
239	239	personnel necessary to operate as a cannabis testing facility; and
240	240	(B) the financial ability to maintain operations
241	241	for not less than two years from the date of application;
242	242	(2) each director, manager, or employee of the
243	243	applicant is registered under Subchapter D; and
244	244	(3) the applicant satisfies any additional criteria
245	245	determined by the director to be necessary for the operation of a
246	246	cannabis testing facility.
247	247	SECTION 13. Section 487.103(a), Health and Safety Code, is
248	248	amended to read as follows:
249	249	(a) A person may apply for an initial or renewal license
250	250	under this subchapter [to operate as a dispensing organization] by
251	251	submitting a form prescribed by the department along with the
252	252	application fee in an amount set by the director.
253	253	SECTION 14. Section 487.104(a), Health and Safety Code, is
254	254	amended to read as follows:
255	255	(a) The department shall issue or renew a license under this
256	256	subchapter [to operate as a dispensing organization] only if:
257	257	(1) the department determines the applicant meets the
258	258	eligibility requirements described by Section 487.102 or 487.1021,
259	259	as applicable; and
260	260	(2) issuance or renewal of the license is necessary to
261	261	ensure reasonable statewide access to, and the availability of,
262	262	medical [low-THC] cannabis for patients registered in the
263	263	compassionate-use registry and for whom medical [low-THC] cannabis
264	264	is recommended [prescribed] under Chapter 169, Occupations Code.
265	265	SECTION 15. Sections 487.105(a) and (b), Health and Safety
266	266	Code, are amended to read as follows:
267	267	(a) An applicant for the issuance or renewal of a license
268	268	under this subchapter [to operate as a dispensing organization]
269	269	shall provide the department with the applicant's name and the name
270	270	of each of the applicant's directors, managers, and employees.
271	271	(b) Before a license holder under this subchapter
272	272	[dispensing organization licensee] hires a manager or employee for
273	273	the organization or facility, the license holder [licensee] must
274	274	provide the department with the name of the prospective manager or
275	275	employee. The license holder [licensee] may not transfer the
276	276	license to another person before that prospective applicant and the
277	277	applicant's directors, managers, and employees pass a criminal
278	278	history background check and are registered as required by
279	279	Subchapter D.
280	280	SECTION 16. Sections 487.106 and 487.107, Health and Safety
281	281	Code, are amended to read as follows:
282	282	Sec. 487.106. DUTY TO MAINTAIN ELIGIBILITY. Each license
283	283	holder under this subchapter [A dispensing organization] must
284	284	maintain compliance at all times with the eligibility requirements
285	285	described by Section 487.102 or 487.1021, as applicable.
286	286	Sec. 487.107. DUTIES RELATING TO DISPENSING MEDICAL
287	287	CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low-THC]
288	288	cannabis to a person for whom medical use is recommended [the
289	289	low-THC cannabis is prescribed] under Chapter 169, Occupations
290	290	Code, the dispensing organization must verify that the
291	291	[prescription presented:
292	292	[(1) is for a] person is listed as a patient in the
293	293	compassionate-use registry[;
294	294	[(2) matches the entry in the compassionate-use
295	295	registry with respect to the total amount of low-THC cannabis
296	296	required to fill the prescription; and
297	297	[(3) has not previously been filled by a dispensing
298	298	organization as indicated by an entry in the compassionate-use
299	299	registry].
300	300	(b) After dispensing medical [low-THC] cannabis to a
301	301	patient for whom medical use is recommended [the low-THC cannabis
302	302	is prescribed] under Chapter 169, Occupations Code, the dispensing
303	303	organization shall record in the compassionate-use registry the
304	304	form and quantity of the medical [low-THC] cannabis dispensed and
305	305	the date and time of dispensation.
306	306	SECTION 17. Sections 487.108(a), (b), and (c), Health and
307	307	Safety Code, are amended to read as follows:
308	308	(a) The department may at any time suspend or revoke a
309	309	license issued under this subchapter [chapter] if the department
310	310	determines that the license holder [licensee] has not maintained
311	311	the eligibility requirements described by Section 487.102 or
312	312	487.1021, as applicable, or has failed to comply with a duty imposed
313	313	under this chapter.
314	314	(b) The director shall give written notice to the license
315	315	holder [dispensing organization] of a license suspension or
316	316	revocation under this section and the grounds for the suspension or
317	317	revocation. The notice must be sent by certified mail, return
318	318	receipt requested.
319	319	(c) After suspending or revoking a license issued under this
320	320	subchapter [chapter], the director may seize or place under seal
321	321	all medical [low-THC] cannabis and drug paraphernalia owned or
322	322	possessed by the dispensing organization or cannabis testing
323	323	facility. If the director orders the revocation of the license, a
324	324	disposition may not be made of the seized or sealed medical
325	325	[low-THC] cannabis or drug paraphernalia until the time for
326	326	administrative appeal of the order has elapsed or until all appeals
327	327	have been concluded. When a revocation order becomes final, all
328	328	medical [low-THC] cannabis and drug paraphernalia may be forfeited
329	329	to the state as provided under Subchapter E, Chapter 481.
330	330	SECTION 18. Section 487.151, Health and Safety Code, is
331	331	amended by adding Subsection (a-1) to read as follows:
332	332	(a-1) An individual who is a director, manager, or employee
333	333	of a cannabis testing facility must apply for and obtain a
334	334	registration under this section.
335	335	SECTION 19. Section 487.201, Health and Safety Code, is
336	336	amended to read as follows:
337	337	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
338	338	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
339	339	political subdivision may not enact, adopt, or enforce a rule,
340	340	ordinance, order, resolution, or other regulation that prohibits
341	341	the cultivation, production, dispensing, testing, or possession of
342	342	medical [low-THC] cannabis, as authorized by this chapter.
343	343	SECTION 20. Chapter 169, Occupations Code, is amended to
344	344	read as follows:
345	345	CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL USE OF [PRESCRIBE
346	346	LOW-THC] CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
347	347	Sec. 169.001. DEFINITIONS. In this chapter:
348	348	(1) "Debilitating medical condition" means:
349	349	(A) cancer, glaucoma, positive status for human
350	350	immunodeficiency virus, acquired immune deficiency syndrome,
351	351	amyotrophic lateral sclerosis, Crohn's disease, ulcerative
352	352	colitis, agitation of Alzheimer's disease, post-traumatic stress
353	353	disorder, autism, sickle cell anemia, Parkinson's disease,
354	354	muscular dystrophy, or Huntington's disease;
355	355	(B) a chronic medical condition that produces, or
356	356	the treatment of a chronic medical condition that produces:
357	357	(i) cachexia or wasting syndrome;
358	358	(ii) severe debilitating pain;
359	359	(iii) severe nausea;
360	360	(iv) seizures, including those
361	361	characteristic of epilepsy; or
362	362	(v) severe and persistent muscle spasms,
363	363	including those characteristic of multiple sclerosis; or
364	364	(C) any other medical condition approved as a
365	365	debilitating medical condition by department rule or any symptom
366	366	caused by the treatment of a medical condition that is approved as a
367	367	debilitating medical condition by department rule.
368	368	(2) "Department" means the Department of Public
369	369	Safety.
370	370	[(2) "Intractable epilepsy" means a seizure disorder in
371	371	which the patient's seizures have been treated by two or more
372	372	appropriately chosen and maximally titrated antiepileptic drugs
373	373	that have failed to control the seizures.]
374	374	(3) "Medical ["Low-THC] cannabis" means the plant
375	375	Cannabis sativa L., and any part of that plant or any compound,
376	376	manufacture, salt, derivative, mixture, preparation, resin, or oil
377	377	of that plant [that contains:
378	378	[(A) not more than 0.5 percent by weight of
379	379	tetrahydrocannabinols; and
380	380	[(B) not less than 10 percent by weight of
381	381	cannabidiol].
382	382	(4) "Medical use" means the ingestion by a means of
383	383	administration other than by smoking of a recommended [prescribed]
384	384	amount of medical [low-THC] cannabis by a person for whom medical
385	385	use [low-THC cannabis] is recommended [prescribed] under this
386	386	chapter.
387	387	(5) "Smoking" means burning or igniting a substance
388	388	and inhaling the smoke.
389	389	Sec. 169.002. RECOMMENDATION OF MEDICAL USE [PHYSICIAN
390	390	QUALIFIED TO PRESCRIBE LOW-THC CANNABIS]. (a) A [Only a] physician
391	391	[qualified as provided by this section] may recommend medical use
392	392	[prescribe low-THC cannabis] in accordance with this chapter for a
393	393	patient with a debilitating medical condition.
394	394	(b) [A physician is qualified to prescribe low-THC cannabis
395	395	to a patient with intractable epilepsy if the physician:
396	396	[(1) is licensed under this subtitle;
397	397	[(2) dedicates a significant portion of clinical
398	398	practice to the evaluation and treatment of epilepsy; and
399	399	[(3) is certified:
400	400	[(A) by the American Board of Psychiatry and
401	401	Neurology in:
402	402	[(i) epilepsy; or
403	403	[(ii) neurology or neurology with special
404	404	qualification in child neurology and is otherwise qualified for the
405	405	examination for certification in epilepsy; or
406	406	[(B) in neurophysiology by:
407	407	[(i) the American Board of Psychiatry and
408	408	Neurology; or
409	409	[(ii) the American Board of Clinical
410	410	Neurophysiology.
411	411	[Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS.] A
412	412	physician who recommends medical use for a patient must [described
413	413	by Section 169.002 may prescribe low-THC cannabis to alleviate a
414	414	patient's seizures if]:
415	415	(1) comply [the patient is a permanent resident of the
416	416	state;
417	417	[(2) the physician complies] with the registration
418	418	requirements of Section 169.004; and
419	419	(2) certify [(3) the physician certifies] to the
420	420	department that:
421	421	(A) the patient is diagnosed with a debilitating
422	422	medical condition [intractable epilepsy]; and
423	423	(B) the physician has determined that
424	424	[determines] the risk of [the] medical use [of low-THC cannabis] by
425	425	the patient is reasonable in light of the potential benefit for the
426	426	patient[; and
427	427	[(C) a second physician qualified to prescribe
428	428	low-THC cannabis under Section 169.002 has concurred with the
429	429	determination under Paragraph (B), and the second physician's
430	430	concurrence is recorded in the patient's medical record].
431	431	Sec. 169.004. RECOMMENDING PHYSICIAN [LOW-THC CANNABIS
432	432	PRESCRIBER] REGISTRATION. Before a physician [qualified to
433	433	prescribe low-THC cannabis under Section 169.002] may recommend
434	434	medical use [prescribe or renew a prescription for low-THC
435	435	cannabis] for a patient under this chapter, the physician must
436	436	register as the recommending physician [prescriber] for that
437	437	patient in the compassionate-use registry maintained by the
438	438	department under Section 487.054, Health and Safety Code. The
439	439	physician's registration must indicate:
440	440	(1) the physician's name;
441	441	(2) the patient's name and date of birth; and
442	442	(3) the allowable [dosage prescribed to the patient;
443	443	[(4) the means of administration ordered for the
444	444	patient; and
445	445	[(5) the total] amount of medical [low-THC] cannabis
446	446	recommended for the patient, if the physician recommends an
447	447	allowable amount greater than the amount provided by Section
448	448	487.002(a)(1), Health and Safety Code [required to fill the
449	449	patient's prescription].
450	450	Sec. 169.005. PATIENT TREATMENT PLAN. A physician
451	451	[described by Section 169.002] who recommends medical use
452	452	[prescribes low-THC cannabis] for a patient [patient's medical use]
453	453	under this chapter must maintain a patient treatment plan that
454	454	indicates:
455	455	(1) [the dosage, means of administration, and planned
456	456	duration of treatment for the low-THC cannabis;
457	457	[(2)] a plan for monitoring the patient's symptoms;
458	458	and
459	459	(2) [(3)] a plan for monitoring indicators of
460	460	tolerance or reaction to medical [low-THC] cannabis.
461	461	SECTION 21. Section 551.004, Occupations Code, is amended
462	462	by amending Subsection (a) and adding Subsection (a-1) to read as
463	463	follows:
464	464	(a) This subtitle does not apply to:
465	465	(1) a practitioner licensed by the appropriate state
466	466	board who supplies a patient of the practitioner with a drug in a
467	467	manner authorized by state or federal law and who does not operate a
468	468	pharmacy for the retailing of prescription drugs;
469	469	(2) a member of the faculty of a college of pharmacy
470	470	recognized by the board who is a pharmacist and who performs the
471	471	pharmacist's services only for the benefit of the college;
472	472	(3) a person who procures prescription drugs for
473	473	lawful research, teaching, or testing and not for resale;
474	474	(4) a home and community support services agency that
475	475	possesses a dangerous drug as authorized by Section 142.0061,
476	476	142.0062, or 142.0063, Health and Safety Code; [or]
477	477	(5) a dispensing organization[, as defined by Section
478	478	487.001, Health and Safety Code,] that cultivates, processes, and
479	479	dispenses medical [low-THC] cannabis, as authorized by a license
480	480	issued under Subchapter (C), Chapter 487, Health and Safety Code,
481	481	to a patient listed in the compassionate-use registry established
482	482	under that chapter; or
483	483	(6) a cannabis testing facility that analyzes the
484	484	safety and potency of medical cannabis, as authorized by a license
485	485	issued under Subchapter C, Chapter 487, Health and Safety Code.
486	486	(a-1) For purposes of Subsections (a)(5) and (b), "cannabis
487	487	testing facility" and "dispensing organization" have the meanings
488	488	assigned by Section 487.001, Health and Safety Code.
489	489	SECTION 22. Not later than October 1, 2017, the public
490	490	safety director of the Department of Public Safety shall adopt
491	491	rules as required to implement, administer, and enforce Chapter
492	492	487, Health and Safety Code, as amended by this Act.
493	493	SECTION 23. (a) A license to operate as a dispensing
494	494	organization issued under Chapter 487, Health and Safety Code,
495	495	before the effective date of this Act continues to be valid after
496	496	the effective date of this Act until that license expires.
497	497	(b) The registration of a director, manager, or employee of
498	498	a dispensing organization under Subchapter D, Chapter 487, Health
499	499	and Safety Code, continues to be valid after the effective date of
500	500	this Act until that registration expires.
501	501	(c) Not later than March 1, 2018, the Department of Public
502	502	Safety shall begin licensing cannabis testing facilities in
503	503	accordance with Subchapter C, Chapter 487, Health and Safety Code,
504	504	as amended by this Act, provided that the applicants for a license
505	505	have met all requirements for approval under that subchapter.
506	506	SECTION 24. This Act takes effect immediately if it
507	507	receives a vote of two-thirds of all the members elected to each
508	508	house, as provided by Section 39, Article III, Texas Constitution.
509	509	If this Act does not receive the vote necessary for immediate
510	510	effect, this Act takes effect September 1, 2017.