Texas 2017 - 85th Regular

Texas Senate Bill SB269 Compare Versions

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

Old	New	Differences
1	1	85R1145 GCB-F
2	2	By: Menéndez S.B. No. 269
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 medical cannabis for
9	9	medical use by qualifying patients with certain debilitating
10	10	medical conditions and the licensing of dispensing organizations
11	11	and testing facilities; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 481.062(a), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(a) The following persons may possess a controlled
16	16	substance under this chapter without registering with the Federal
17	17	Drug Enforcement Administration:
18	18	(1) an agent or employee of a manufacturer,
19	19	distributor, analyzer, or dispenser of the controlled substance who
20	20	is registered with the Federal Drug Enforcement Administration and
21	21	acting in the usual course of business or employment;
22	22	(2) a common or contract carrier, a warehouseman, or
23	23	an employee of a carrier or warehouseman whose possession of the
24	24	controlled substance is in the usual course of business or
25	25	employment;
26	26	(3) an ultimate user or a person in possession of the
27	27	controlled substance under a lawful order of a practitioner or in
28	28	lawful possession of the controlled substance if it is listed in
29	29	Schedule V;
30	30	(4) an officer or employee of this state, another
31	31	state, a political subdivision of this state or another state, or
32	32	the United States who is lawfully engaged in the enforcement of a
33	33	law relating to a controlled substance or drug or to a customs law
34	34	and authorized to possess the controlled substance in the discharge
35	35	of the person's official duties;
36	36	(5) if the substance is tetrahydrocannabinol or one of
37	37	its derivatives:
38	38	(A) a Department of State Health Services
39	39	official, a medical school researcher, or a research program
40	40	participant possessing the substance as authorized under
41	41	Subchapter G; or
42	42	(B) a practitioner or an ultimate user possessing
43	43	the substance as a participant in a federally approved therapeutic
44	44	research program that the commissioner has reviewed and found, in
45	45	writing, to contain a medically responsible research protocol; or
46	46	(6) a person possessing medical cannabis, as defined
47	47	by Section 169.001, Occupations Code, who is authorized to possess
48	48	medical cannabis [dispensing organization licensed] under Chapter
49	49	487 [that possesses low-THC cannabis].
50	50	SECTION 2. Sections 481.111(e) and (f), Health and Safety
51	51	Code, are amended to read as follows:
52	52	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
53	53	apply to a person who engages in the acquisition, possession,
54	54	production, cultivation, delivery, or disposal of a raw material
55	55	used in or by-product created by the production or cultivation of
56	56	medical [low-THC] cannabis if the person:
57	57	(1) for an offense involving possession only of
58	58	marihuana or drug paraphernalia, is a cardholder or nonresident
59	59	cardholder authorized under Chapter 487 to possess medical cannabis
60	60	for medical use by a qualifying patient [for whom low-THC cannabis
61	61	is prescribed under Chapter 169, Occupations Code, or the patient's
62	62	legal guardian,] and the person possesses no more than the
63	63	allowable amount of medical [low-THC] cannabis, as determined under
64	64	Section 487.081 [obtained under a valid prescription from a
65	65	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," "cardholder,"
79	79	"dispensing organization," and "nonresident cardholder" have the
80	80	meanings ["Dispensing organization" has the meaning] assigned by
81	81	Section 487.001.
82	82	(2) "Medical cannabis," "medical use," and
83	83	"qualifying patient" have the meanings ["Low-THC cannabis" has the
84	84	meaning] assigned by Section 169.001, Occupations Code.
85	85	SECTION 3. Section 487.001, Health and Safety Code, is
86	86	amended to read as follows:
87	87	Sec. 487.001. DEFINITIONS. In this chapter:
88	88	(1) "Cannabis testing facility" means an independent
89	89	entity licensed by the department under this chapter to analyze the
90	90	safety and potency of medical cannabis.
91	91	(2) "Cardholder" means a qualifying patient or a
92	92	registered caregiver who is issued a registry identification card.
93	93	(3) "Debilitating medical condition," "medical
94	94	cannabis," "medical practitioner," "medical use," and "qualifying
95	95	patient" have the meanings assigned by Section 169.001, Occupations
96	96	Code.
97	97	(4) "Department" means the Department of Public
98	98	Safety.
99	99	(5) [(2)] "Director" means the public safety director
100	100	of the department.
101	101	(6) [(3)] "Dispensing organization" means an
102	102	organization licensed by the department to cultivate, process, and
103	103	dispense medical [low-THC] cannabis to a patient for whom medical
104	104	use [low-THC cannabis] is recommended [prescribed] under Chapter
105	105	169, Occupations Code.
106	106	(7) "Drug paraphernalia" has the meaning assigned by
107	107	Section 481.002.
108	108	(8) "Nonresident cardholder" means a person who is not
109	109	a resident of this state and who:
110	110	(A) has been diagnosed with a debilitating
111	111	medical condition and issued a currently valid registry
112	112	identification card or the equivalent under the laws of another
113	113	state, district, territory, commonwealth, insular possession of
114	114	the United States, or country recognized by the United States, that
115	115	authorizes medical use by the person in the jurisdiction of
116	116	issuance; or
117	117	(B) is the parent, legal guardian, or conservator
118	118	of a person described by Paragraph (A).
119	119	(9) "Registered caregiver" means a person who:
120	120	(A) is at least 21 years of age or a parent, legal
121	121	guardian, or conservator of a qualifying patient;
122	122	(B) has significant responsibility for managing
123	123	the medical care of a qualifying patient listed on the
124	124	compassionate-use registry; and
125	125	(C) has been issued a registry identification
126	126	card identifying the person as a registered caregiver of a
127	127	qualifying patient listed on the compassionate-use registry.
128	128	(10) "Registry identification card" means a document
129	129	issued by the department that identifies a person as:
130	130	(A) a qualifying patient listed on the
131	131	compassionate-use registry; or
132	132	(B) a registered caregiver of a qualifying
133	133	patient listed on the compassionate-use registry.
134	134	(11) "Written certification" means a document
135	135	produced under Section 169.002, Occupations Code.
136	136	[(4) "Low-THC cannabis" has the meaning assigned by
137	137	Section 169.001, Occupations Code.]
138	138	SECTION 4. Chapter 487, Health and Safety Code, is amended
139	139	by adding Subchapter A-1 to read as follows:
140	140	SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
141	141	Sec. 487.021. PROTECTION FROM LEGAL ACTION. (a) This
142	142	section applies to a person who is:
143	143	(1) a cardholder;
144	144	(2) a nonresident cardholder;
145	145	(3) a dispensing organization;
146	146	(4) a cannabis testing facility; or
147	147	(5) a director, manager, or employee of a dispensing
148	148	organization or of a cannabis testing facility who is registered
149	149	with the department under Section 487.053.
150	150	(b) Notwithstanding any other law, a person described by
151	151	Subsection (a) is not subject to arrest, prosecution, or penalty in
152	152	any manner, or denial of any right or privilege, including any civil
153	153	penalty or disciplinary action by a court or occupational or
154	154	professional licensing board or bureau, for conduct involving
155	155	medical use that is authorized under this chapter, department rule,
156	156	or Chapter 169, Occupations Code.
157	157	Sec. 487.022. NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR
158	158	ENDANGERMENT. A person described by Section 487.021(a) may not be
159	159	presumed to have engaged in conduct constituting child abuse,
160	160	neglect, or endangerment solely because the person engaged in
161	161	conduct involving medical use that is authorized under this
162	162	chapter, department rule, or Chapter 169, Occupations Code.
163	163	Sec. 487.023. NO DENIAL OF PARENTAL RIGHTS. The fact that a
164	164	person described by Section 487.021(a) engages in conduct
165	165	authorized under this chapter, department rule, or Chapter 169,
166	166	Occupations Code, does not in itself constitute grounds for
167	167	denying, limiting, or restricting conservatorship or possession of
168	168	or access to a child under Title 5, Family Code.
169	169	Sec. 487.024. NO SEIZURE OR FORFEITURE. Property used in
170	170	the cultivation, distribution, transportation, and delivery of
171	171	medical cannabis for medical use that is authorized under this
172	172	chapter, department rule, or Chapter 169, Occupations Code, is not
173	173	contraband for purposes of Chapter 59, Code of Criminal Procedure,
174	174	and is not subject to seizure or forfeiture under that chapter or
175	175	other law solely for the use of the property in those authorized
176	176	activities.
177	177	Sec. 487.025. NO PROSECUTION FOR PROVISION OF
178	178	PARAPHERNALIA. A person is not subject to arrest, prosecution, or
179	179	the imposition of any sentence or penalty for the delivery,
180	180	possession with intent to deliver, or manufacture of any item that
181	181	meets the definition of drug paraphernalia, if that item is
182	182	delivered, possessed with intent to deliver, or manufactured for
183	183	the sole purpose of providing that item to a cardholder or
184	184	nonresident cardholder for medical use under this chapter,
185	185	department rule, or Chapter 169, Occupations Code.
186	186	SECTION 5. Section 487.052, Health and Safety Code, is
187	187	amended to read as follows:
188	188	Sec. 487.052. RULES. (a) The director shall adopt any
189	189	rules necessary for the administration and enforcement of this
190	190	chapter.
191	191	(b) The director shall adopt reasonable [, including] rules
192	192	imposing fees under this chapter in amounts sufficient to cover the
193	193	cost of administering this chapter. Fees collected under a rule
194	194	adopted under this chapter may be used only for the administration
195	195	of this chapter.
196	196	(c) The director shall adopt rules in accordance with
197	197	Section 487.081 governing the allowable amount of medical cannabis
198	198	a cardholder or nonresident cardholder may possess for medical use
199	199	by a qualifying patient.
200	200	(d) The director by rule shall adopt labeling requirements
201	201	for medical cannabis.
202	202	(e) The director shall adopt rules establishing security
203	203	requirements concerning the cultivation of medical cannabis by a
204	204	cardholder.
205	205	(f) The director shall adopt reasonable rules governing
206	206	access to medical cannabis by nonresident cardholders.
207	207	SECTION 6. The heading to Section 487.053, Health and
208	208	Safety Code, is amended to read as follows:
209	209	Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND
210	210	CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
211	211	INDIVIDUALS.
212	212	SECTION 7. Section 487.053(a), Health and Safety Code, is
213	213	amended to read as follows:
214	214	(a) The department shall:
215	215	(1) issue or renew a license to operate as:
216	216	(A) a dispensing organization to each applicant
217	217	who satisfies the requirements established under this chapter for
218	218	licensure as a dispensing organization; and
219	219	(B) a cannabis testing facility to each applicant
220	220	who satisfies the requirements established under this chapter for
221	221	licensure as a cannabis testing facility; and
222	222	(2) register directors, managers, and employees of
223	223	each:
224	224	(A) dispensing organization; and
225	225	(B) cannabis testing facility.
226	226	SECTION 8. Section 487.054, Health and Safety Code, is
227	227	amended to read as follows:
228	228	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
229	229	department shall establish and maintain a secure online
230	230	compassionate-use registry that contains:
231	231	(1) the name of each individual who is issued a
232	232	registry identification card and each nonresident cardholder who
233	233	receives medical cannabis from a dispensing organization;
234	234	(2) the name of each medical practitioner who
235	235	recommends medical use to a qualifying patient and [physician who
236	236	registers as the prescriber for a patient under Section 169.004,
237	237	Occupations Code,] the name and date of birth of that [the]
238	238	patient[, the dosage prescribed, the means of administration
239	239	ordered, and the total amount of low-THC cannabis required to fill
240	240	the patient's prescription]; and
241	241	(3) [(2)] a record of each amount of medical [low-THC]
242	242	cannabis dispensed by a dispensing organization to a cardholder or
243	243	nonresident cardholder [patient under a prescription].
244	244	(b) The department shall ensure the registry:
245	245	(1) is designed to prevent more than one medical
246	246	practitioner [qualified physician] from registering as the
247	247	recommending medical practitioner [prescriber] for a single
248	248	patient; and
249	249	(2) is accessible to law enforcement agencies and
250	250	dispensing organizations for the purpose of verifying whether a
251	251	person is authorized under this chapter to receive medical cannabis
252	252	[patient is one for whom low-THC cannabis is prescribed and whether
253	253	the patient's prescriptions have been filled; and
254	254	[(3) allows a physician qualified to prescribe low-THC
255	255	cannabis under Section 169.002, Occupations Code, to input safety
256	256	and efficacy data derived from the treatment of patients for whom
257	257	low-THC cannabis is prescribed under Chapter 169, Occupations
258	258	Code].
259	259	SECTION 9. Subchapter B, Chapter 487, Health and Safety
260	260	Code, is amended by adding Sections 487.055 and 487.056 to read as
261	261	follows:
262	262	Sec. 487.055. LICENSING AND REGULATION OF CANNABIS TESTING
263	263	FACILITIES. The director shall adopt all rules necessary for:
264	264	(1) the licensing and regulation of cannabis testing
265	265	facilities and the directors, managers, and employees of those
266	266	facilities;
267	267	(2) the operation of cannabis testing facilities; and
268	268	(3) the testing of the safety and potency of medical
269	269	cannabis.
270	270	Sec. 487.056. APPLICATION FOR REGISTRY IDENTIFICATION
271	271	CARD. (a) The director by rule shall adopt an application for a
272	272	registry identification card:
273	273	(1) for a qualifying patient; and
274	274	(2) for a designated caregiver.
275	275	(b) An applicant for a registry identification card must
276	276	submit to the department:
277	277	(1) the application adopted under Subsection (a);
278	278	(2) a written certification that was issued within the
279	279	90 days preceding the date of application and that affirms that
280	280	medical use is recommended for the qualifying patient;
281	281	(3) the application fee prescribed by department rule;
282	282	and
283	283	(4) any other forms developed by the director for
284	284	submission with the application.
285	285	(c) The department shall issue a registry identification to
286	286	an applicant who is a qualifying patient or the registered
287	287	caregiver of a qualifying patient not later than the 25th day after
288	288	the date the application is submitted.
289	289	SECTION 10. Chapter 487, Health and Safety Code, is amended
290	290	by adding Subchapter B-1 to read as follows:
291	291	SUBCHAPTER B-1. ALLOWABLE AMOUNT OF MEDICAL CANNABIS AND ACCESS TO
292	292	MEDICAL CANNABIS
293	293	Sec. 487.081. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a) A
294	294	cardholder or nonresident cardholder may possess for medical use by
295	295	the qualifying patient no more than the allowable amount of medical
296	296	cannabis for that qualifying patient, as provided by this section
297	297	and department rule.
298	298	(b) The director by rule shall specify the number of
299	299	cannabis plants that may be cultivated or possessed for medical use
300	300	by a qualifying patient, which may not be fewer than six cannabis
301	301	plants. The amount of medical cannabis, edible products that
302	302	contain medical cannabis, or products infused with medical cannabis
303	303	that are produced from the allowable number of cannabis plants may
304	304	be possessed for medical use by a cardholder or nonresident
305	305	cardholder on the site where those plants are cultivated,
306	306	regardless of whether the amount possessed on that site exceeds the
307	307	quantity otherwise provided as the allowable amount of medical
308	308	cannabis for the qualifying patient by a rule adopted under this
309	309	section.
310	310	(c) The director by rule shall specify the quantity of
311	311	medical cannabis other than cannabis plants, edible products that
312	312	contain medical cannabis, or products infused with medical
313	313	cannabis, that, except as otherwise provided by Subsection (b) or
314	314	(e), may be possessed by a cardholder or nonresident cardholder for
315	315	medical use by a qualifying patient, which may not be less than 2.5
316	316	ounces.
317	317	(d) The director by rule shall specify the quantity of
318	318	edible products that contain medical cannabis or products infused
319	319	with medical cannabis that, except as otherwise provided by
320	320	Subsection (b) or (e), may be possessed by a cardholder or
321	321	nonresident cardholder for medical use by a qualifying patient.
322	322	(e) If a medical practitioner recommends in the qualifying
323	323	patient's written certification a different amount of medical
324	324	cannabis than the amount provided by rule adopted under this
325	325	section, the amount recommended by the written certification is
326	326	the allowable amount of medical cannabis for that qualifying
327	327	patient.
328	328	Sec. 487.082. ACCESS TO MEDICAL CANNABIS BEFORE REGISTRY
329	329	IDENTIFICATION CARD ISSUED. An applicant for a registry
330	330	identification card may receive medical cannabis from a dispensing
331	331	organization before the department issues a registry
332	332	identification card on providing:
333	333	(1) proof that the application was submitted to the
334	334	department and any application fees were paid; and
335	335	(2) a copy of the applicant's written certification.
336	336	Sec. 487.083. ACCESS TO MEDICAL CANNABIS BEFORE DECEMBER 1,
337	337	2017. (a) On or before December 1, 2017, notwithstanding a
338	338	contrary provision of this chapter, a qualifying patient or a
339	339	caregiver with significant responsibility for managing the
340	340	well-being of a qualifying patient may obtain medical cannabis from
341	341	a dispensing organization on providing:
342	342	(1) for a qualifying patient, a copy of the qualifying
343	343	patient's written certification; or
344	344	(2) for a caregiver of the qualifying patient:
345	345	(A) a copy of the qualifying patient's written
346	346	certification; and
347	347	(B) an affidavit stating:
348	348	(i) that the caregiver is the qualifying
349	349	patient's parent or guardian; or
350	350	(ii) that the caregiver has significant
351	351	responsibility for managing the well-being of the qualifying
352	352	patient and that is signed by the qualifying patient or the
353	353	qualifying patient's parent or guardian, if the qualifying patient
354	354	is a minor.
355	355	(b) This section expires December 1, 2017.
356	356	SECTION 11. Section 487.102, Health and Safety Code, is
357	357	amended to read as follows:
358	358	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
359	359	license to operate as a dispensing organization is eligible for the
360	360	license if:
361	361	(1) as determined by the department, the applicant
362	362	possesses:
363	363	(A) the technical and technological ability to
364	364	cultivate and produce medical [low-THC] cannabis;
365	365	(B) the ability to secure:
366	366	(i) the resources and personnel necessary
367	367	to operate as a dispensing organization; and
368	368	(ii) premises reasonably located to allow
369	369	patients listed on the compassionate-use registry access to the
370	370	organization through existing infrastructure;
371	371	(C) the ability to maintain accountability for
372	372	the raw materials, the finished product, and any by-products used
373	373	or produced in the cultivation or production of medical [low-THC]
374	374	cannabis to prevent unlawful access to or unlawful diversion or
375	375	possession of those materials, products, or by-products; and
376	376	(D) the financial ability to maintain operations
377	377	for not less than two years from the date of application;
378	378	(2) each director, manager, or employee of the
379	379	applicant is registered under Subchapter D; and
380	380	(3) the applicant satisfies any additional criteria
381	381	determined by the director to be necessary to safely implement this
382	382	chapter.
383	383	SECTION 12. Subchapter C, Chapter 487, Health and Safety
384	384	Code, is amended by adding Section 487.1025 to read as follows:
385	385	Sec. 487.1025. ANNUAL LICENSE FEE. The director shall
386	386	charge an annual license fee set initially by the director in an
387	387	amount not to exceed $5,000. The director shall annually adjust for
388	388	inflation the annual license fee.
389	389	SECTION 13. Section 487.103, Health and Safety Code, is
390	390	amended by adding Subsection (a-1) to read as follows:
391	391	(a-1) The director shall set the application fee charged
392	392	under Subsection (a) initially in an amount not to exceed $2,500.
393	393	The director shall annually adjust for inflation the application
394	394	fee.
395	395	SECTION 14. Section 487.104(a), Health and Safety Code, is
396	396	amended to read as follows:
397	397	(a) The department shall issue or renew a license to operate
398	398	as a dispensing organization only if:
399	399	(1) the department determines the applicant meets the
400	400	eligibility requirements described by Section 487.102; and
401	401	(2) issuance or renewal of the license is necessary to
402	402	ensure reasonable statewide access to, and the availability of,
403	403	medical [low-THC] cannabis for patients registered in the
404	404	compassionate-use registry and for whom medical [low-THC] cannabis
405	405	is recommended [prescribed] under Chapter 169, Occupations Code.
406	406	SECTION 15. Section 487.107, Health and Safety Code, is
407	407	amended to read as follows:
408	408	Sec. 487.107. DUTIES RELATING TO DISPENSING MEDICAL
409	409	CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low-THC]
410	410	cannabis to a person authorized under this chapter to receive
411	411	medical [for whom the low-THC] cannabis [is prescribed under
412	412	Chapter 169, Occupations Code], the dispensing organization must
413	413	verify that [the prescription presented]:
414	414	(1) the person receiving the medical cannabis is [for]
415	415	a cardholder [person] listed [as a patient] in the
416	416	compassionate-use registry or a nonresident cardholder;
417	417	(2) the medical cannabis, including any edible
418	418	products that contain medical cannabis and any products infused
419	419	with medical cannabis, has been properly tested and properly
420	420	labeled in accordance with standards established by the department
421	421	[matches the entry in the compassionate-use registry with respect
422	422	to the total amount of low-THC cannabis required to fill the
423	423	prescription]; and
424	424	(3) the amount of medical cannabis dispensed to the
425	425	person would not cause the person to possess more than the allowable
426	426	amount of medical cannabis for the qualifying patient, as
427	427	determined under Section 487.081 [has not previously been filled by
428	428	a dispensing organization as indicated by an entry in the
429	429	compassionate-use registry].
430	430	(b) After dispensing medical [low-THC] cannabis to a
431	431	cardholder or nonresident cardholder [patient for whom the low-THC
432	432	cannabis is prescribed under Chapter 169, Occupations Code], the
433	433	dispensing organization shall record in the compassionate-use
434	434	registry the name and address of the individual to whom the medical
435	435	cannabis is dispensed, the form and quantity of medical [low-THC]
436	436	cannabis dispensed, and the date and time of dispensation.
437	437	SECTION 16. Section 487.108(c), Health and Safety Code, is
438	438	amended to read as follows:
439	439	(c) After suspending or revoking a license issued under this
440	440	chapter, the director may seize or place under seal all medical
441	441	[low-THC] cannabis and drug paraphernalia owned or possessed by the
442	442	dispensing organization. If the director orders the revocation of
443	443	the license, a disposition may not be made of the seized or sealed
444	444	medical [low-THC] cannabis or drug paraphernalia until the time for
445	445	administrative appeal of the order has elapsed or until all appeals
446	446	have been concluded. When a revocation order becomes final, all
447	447	medical [low-THC] cannabis and drug paraphernalia may be forfeited
448	448	to the state as provided under Subchapter E, Chapter 481.
449	449	SECTION 17. Section 487.151, Health and Safety Code, is
450	450	amended by adding Subsection (a-1) to read as follows:
451	451	(a-1) An individual who is a director, manager, or employee
452	452	of a cannabis testing facility must apply for and obtain a
453	453	registration under this section.
454	454	SECTION 18. Section 487.201, Health and Safety Code, is
455	455	amended to read as follows:
456	456	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
457	457	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
458	458	political subdivision may not enact, adopt, or enforce a rule,
459	459	ordinance, order, resolution, or other regulation that prohibits
460	460	the cultivation, production, dispensing, or possession of medical
461	461	[low-THC] cannabis, as authorized by this chapter.
462	462	SECTION 19. The heading to Chapter 169, Occupations Code,
463	463	is amended to read as follows:
464	464	CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL [PRESCRIBE
465	465	LOW-THC] CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
466	466	SECTION 20. Sections 169.001, 169.002, and 169.004,
467	467	Occupations Code, are amended to read as follows:
468	468	Sec. 169.001. DEFINITIONS. In this chapter:
469	469	(1) "Debilitating medical condition" means:
470	470	(A) cancer, glaucoma, positive status for human
471	471	immunodeficiency virus, acquired immune deficiency syndrome,
472	472	hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,
473	473	ulcerative colitis, agitation of Alzheimer's disease,
474	474	post-traumatic stress disorder, autism, sickle cell anemia, severe
475	475	fibromyalgia, spinal cord disease, spinal cord injury, traumatic
476	476	brain injury or post-concussion syndrome, chronic traumatic
477	477	encephalopathy, Parkinson's disease, muscular dystrophy, or
478	478	Huntington's disease;
479	479	(B) a chronic medical condition that produces, or
480	480	the treatment of a chronic medical condition that produces:
481	481	(i) cachexia or wasting syndrome;
482	482	(ii) severe pain;
483	483	(iii) severe nausea;
484	484	(iv) seizures, including those
485	485	characteristic of epilepsy; or
486	486	(v) severe and persistent muscle spasms,
487	487	including those characteristic of multiple sclerosis; or
488	488	(C) any other medical condition approved as a
489	489	debilitating medical condition by department rule or any symptom
490	490	caused by the treatment of a medical condition that is approved as a
491	491	debilitating medical condition by department rule.
492	492	(2) "Department" means the Department of Public
493	493	Safety.
494	494	[(2) "Intractable epilepsy" means a seizure disorder in
495	495	which the patient's seizures have been treated by two or more
496	496	appropriately chosen and maximally titrated antiepileptic drugs
497	497	that have failed to control the seizures.]
498	498	(3) "Medical ["Low-THC] cannabis" means the plant
499	499	Cannabis sativa L., and any part of that plant or any compound,
500	500	manufacture, salt, derivative, mixture, preparation, resin, or oil
501	501	of that plant [that contains:
502	502	[(A) not more than 0.5 percent by weight of
503	503	tetrahydrocannabinols; and
504	504	[(B) not less than 10 percent by weight of
505	505	cannabidiol].
506	506	(4) "Medical practitioner" means:
507	507	(A) a licensed physician;
508	508	(B) an advanced practice registered nurse who has
509	509	been delegated prescriptive authority in accordance with
510	510	Subchapter B, Chapter 157; or
511	511	(C) a physician assistant who has been delegated
512	512	prescriptive authority in accordance with Subchapter B, Chapter
513	513	157.
514	514	(5) [(4)] "Medical use" means the ingestion of medical
515	515	[by a means of administration other than by smoking of a prescribed
516	516	amount of low-THC] cannabis by a qualifying patient to treat or
517	517	alleviate the patient's debilitating medical condition [person for
518	518	whom low-THC cannabis is prescribed under this chapter].
519	519	(6) "Qualifying patient" means a person who has been
520	520	diagnosed with a debilitating medical condition by a medical
521	521	practitioner.
522	522	[(5) "Smoking" means burning or igniting a substance
523	523	and inhaling the smoke.]
524	524	Sec. 169.002. RECOMMENDATION FOR MEDICAL [PHYSICIAN
525	525	QUALIFIED TO PRESCRIBE LOW-THC] CANNABIS BY MEDICAL PRACTITIONER.
526	526	(a) A medical practitioner may recommend medical cannabis to a
527	527	qualifying patient if the medical practitioner attests through
528	528	written certification that, in the medical practitioner's
529	529	professional opinion:
530	530	(1) the diagnosis of a debilitating medical condition
531	531	for the qualifying patient is correct;
532	532	(2) the qualifying patient is likely to receive
533	533	therapeutic or palliative benefit from the medical use of medical
534	534	cannabis to treat or alleviate the patient's debilitating medical
535	535	condition; and
536	536	(3) the potential benefits to the qualifying patient
537	537	of medical use outweigh the health risks of medical use.
538	538	(b) The written certification described by Subsection (a)
539	539	must:
540	540	(1) be dated and signed by the medical practitioner;
541	541	(2) specify the qualifying patient's debilitating
542	542	medical condition; and
543	543	(3) affirm that medical use was recommended in the
544	544	course of a bona fide practitioner-patient relationship between the
545	545	qualifying patient and the medical practitioner [Only a physician
546	546	qualified as provided by this section may prescribe low-THC
547	547	cannabis in accordance with this chapter.
548	548	[(b) A physician is qualified to prescribe low-THC cannabis
549	549	to a patient with intractable epilepsy if the physician:
550	550	[(1) is licensed under this subtitle;
551	551	[(2) dedicates a significant portion of clinical
552	552	practice to the evaluation and treatment of epilepsy; and
553	553	[(3) is certified:
554	554	[(A) by the American Board of Psychiatry and
555	555	Neurology in:
556	556	[(i) epilepsy; or
557	557	[(ii) neurology or neurology with special
558	558	qualification in child neurology and is otherwise qualified for the
559	559	examination for certification in epilepsy; or
560	560	[(B) in neurophysiology by:
561	561	[(i) the American Board of Psychiatry and
562	562	Neurology; or
563	563	[(ii) the American Board of Clinical
564	564	Neurophysiology].
565	565	Sec. 169.004. [LOW-THC CANNABIS PRESCRIBER] REGISTRATION
566	566	OF RECOMMENDING MEDICAL PRACTITIONERS. Before a medical
567	567	practitioner [physician qualified to prescribe low-THC cannabis
568	568	under Section 169.002] may recommend medical use [prescribe or
569	569	renew a prescription for low-THC cannabis] for a qualifying patient
570	570	under this chapter, the practitioner [physician] must register as
571	571	the recommending medical practitioner [prescriber] for that
572	572	patient in the compassionate-use registry maintained by the
573	573	department under Section 487.054, Health and Safety Code. The
574	574	medical practitioner's [physician's] registration must indicate:
575	575	(1) the medical practitioner's [physician's] name; and
576	576	(2) the qualifying patient's name and date of birth[;
577	577	[(3) the dosage prescribed to the patient;
578	578	[(4) the means of administration ordered for the
579	579	patient; and
580	580	[(5) the total amount of low-THC cannabis required to
581	581	fill the patient's prescription].
582	582	SECTION 21. Section 551.004, Occupations Code, is amended
583	583	by amending Subsection (a) and adding Subsection (a-1) to read as
584	584	follows:
585	585	(a) This subtitle does not apply to:
586	586	(1) a practitioner licensed by the appropriate state
587	587	board who supplies a patient of the practitioner with a drug in a
588	588	manner authorized by state or federal law and who does not operate a
589	589	pharmacy for the retailing of prescription drugs;
590	590	(2) a member of the faculty of a college of pharmacy
591	591	recognized by the board who is a pharmacist and who performs the
592	592	pharmacist's services only for the benefit of the college;
593	593	(3) a person who procures prescription drugs for
594	594	lawful research, teaching, or testing and not for resale;
595	595	(4) a home and community support services agency that
596	596	possesses a dangerous drug as authorized by Section 142.0061,
597	597	142.0062, or 142.0063, Health and Safety Code; or
598	598	(5) a dispensing organization[, as defined by Section
599	599	487.001, Health and Safety Code,] that cultivates, processes, and
600	600	dispenses medical [low-THC] cannabis, as authorized by Chapter 487,
601	601	Health and Safety Code, to a cardholder or nonresident cardholder
602	602	[patient listed in the compassionate-use registry established
603	603	under that chapter].
604	604	(a-1) For purposes of Subsection (a)(5), "cardholder,"
605	605	"dispensing organization," and "nonresident cardholder" have the
606	606	meanings assigned by Section 487.001, Health and Safety Code.
607	607	SECTION 22. Sections 169.003 and 169.005, Occupations Code,
608	608	are repealed.
609	609	SECTION 23. Not later than October 1, 2017, the public
610	610	safety director of the Department of Public Safety shall adopt
611	611	rules as required to implement, administer, and enforce Chapter
612	612	487, Health and Safety Code, as amended by this Act, including rules
613	613	relating to adopting an application for a registry identification
614	614	card, as required by Section 487.056, Health and Safety Code, as
615	615	added by this Act.
616	616	SECTION 24. (a) A license to operate as a dispensing
617	617	organization issued under Chapter 487, Health and Safety Code,
618	618	before the effective date of this Act continues to be valid after
619	619	the effective date of this Act until that license expires.
620	620	(b) The registration of a director, manager, or employee of
621	621	a dispensing organization under Subchapter D, Chapter 487, Health
622	622	and Safety Code, continues to be valid after the effective date of
623	623	this Act until that registration expires.
624	624	(c) As soon as practicable after the effective date of this
625	625	Act, the Department of Public Safety shall issue compassionate-use
626	626	registry cards to all individuals listed on that registry on the
627	627	effective date of this Act.
628	628	SECTION 25. This Act takes effect immediately if it
629	629	receives a vote of two-thirds of all the members elected to each
630	630	house, as provided by Section 39, Article III, Texas Constitution.
631	631	If this Act does not receive the vote necessary for immediate
632	632	effect, this Act takes effect September 1, 2017.