LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 24, 2017 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2200 by Hinojosa, Gina (Relating to the medical use of marihuana; providing a defense to prosecution for possession of marihuana.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code and the Occupations Code relating to the medical use of marihuana. The bill would create an affirmative defense to prosecution of the possession of marihuana. The bill would prohibit an agency or a political subdivision from initiating an investigation into a physician's license to practice medicine solely due to the physician discussed marihuana as a treatment option with a patient or made a statement that the potential benefits of marihuana would outweigh the health risks for a patient. The bill would prohibit a physician from being subject to disciplinary actions solely for making a statement that the potential benefits of marihuana would outweigh the health risks for a patient.Implementing the provisions of the bill could conflict with federal law as the federal government regulates substances through the Controlled Substances Act.This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies. The Texas Medical Board and the Department of Public Safety anticipate any additional work resulting from the passage of the bill could be reasonably absorbed within current resources.Based on the LBB's analysis of the Health and Human Services Commission and Department of State Health Services, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:405 Department of Public Safety, 503 Texas Medical Board, 537 State Health Services, Department of LBB Staff: UP, KJo, EH, EK, SD, CL, NV, JAW
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
April 24, 2017
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2200 by Hinojosa, Gina (Relating to the medical use of marihuana; providing a defense to prosecution for possession of marihuana.), As Introduced
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB2200 by Hinojosa, Gina (Relating to the medical use of marihuana; providing a defense to prosecution for possession of marihuana.), As Introduced
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB2200 by Hinojosa, Gina (Relating to the medical use of marihuana; providing a defense to prosecution for possession of marihuana.), As Introduced
HB2200 by Hinojosa, Gina (Relating to the medical use of marihuana; providing a defense to prosecution for possession of marihuana.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Health and Safety Code and the Occupations Code relating to the medical use of marihuana. The bill would create an affirmative defense to prosecution of the possession of marihuana. The bill would prohibit an agency or a political subdivision from initiating an investigation into a physician's license to practice medicine solely due to the physician discussed marihuana as a treatment option with a patient or made a statement that the potential benefits of marihuana would outweigh the health risks for a patient. The bill would prohibit a physician from being subject to disciplinary actions solely for making a statement that the potential benefits of marihuana would outweigh the health risks for a patient.Implementing the provisions of the bill could conflict with federal law as the federal government regulates substances through the Controlled Substances Act.This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies. The Texas Medical Board and the Department of Public Safety anticipate any additional work resulting from the passage of the bill could be reasonably absorbed within current resources.Based on the LBB's analysis of the Health and Human Services Commission and Department of State Health Services, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 405 Department of Public Safety, 503 Texas Medical Board, 537 State Health Services, Department of
405 Department of Public Safety, 503 Texas Medical Board, 537 State Health Services, Department of
LBB Staff: UP, KJo, EH, EK, SD, CL, NV, JAW
UP, KJo, EH, EK, SD, CL, NV, JAW