| 1 | 1 | | 86R1892 GCB-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 122 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the medical use of marihuana; providing an affirmative |
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| 8 | 8 | | defense to prosecution for possession of marihuana. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 481.121, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsections (c) and (d) to read as follows: |
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| 12 | 12 | | (c) It is an affirmative defense to prosecution under |
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| 13 | 13 | | Subsection (a) that the person possessed the marihuana: |
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| 14 | 14 | | (1) as a patient of a physician licensed to practice |
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| 15 | 15 | | medicine in this state pursuant to the recommendation of that |
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| 16 | 16 | | physician for the amelioration of the symptoms or effects of a |
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| 17 | 17 | | medical condition; or |
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| 18 | 18 | | (2) as the primary caregiver of a patient described by |
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| 19 | 19 | | Subdivision (1), and the person possessed the marihuana only with |
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| 20 | 20 | | intent to assist the patient. |
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| 21 | 21 | | (d) An agency, including a law enforcement agency, of this |
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| 22 | 22 | | state or a political subdivision of this state may not initiate an |
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| 23 | 23 | | administrative, civil, or criminal investigation into a physician |
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| 24 | 24 | | licensed to practice medicine in this state solely on the ground |
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| 25 | 25 | | that the physician: |
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| 26 | 26 | | (1) discussed marihuana as a treatment option with a |
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| 27 | 27 | | patient of the physician; or |
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| 28 | 28 | | (2) made a written or oral statement that, in the |
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| 29 | 29 | | physician's professional opinion, the potential benefits of the use |
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| 30 | 30 | | of marihuana would likely outweigh the health risks for a |
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| 31 | 31 | | particular patient. |
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| 32 | 32 | | SECTION 2. Subchapter B, Chapter 164, Occupations Code, is |
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| 33 | 33 | | amended by adding Section 164.0535 to read as follows: |
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| 34 | 34 | | Sec. 164.0535. MEDICAL USE OF MARIHUANA. A physician may |
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| 35 | 35 | | not be denied any right or privilege or be subject to any |
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| 36 | 36 | | disciplinary action solely for making a written or oral statement |
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| 37 | 37 | | that, in the physician's professional opinion, the potential |
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| 38 | 38 | | benefits of the use of marihuana would likely outweigh the health |
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| 39 | 39 | | risks for a particular patient. |
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| 40 | 40 | | SECTION 3. The change in law made by this Act applies only |
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| 41 | 41 | | to an offense committed on or after the effective date of this Act. |
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| 42 | 42 | | An offense committed before the effective date of this Act is |
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| 43 | 43 | | governed by the law in effect on the date the offense was committed, |
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| 44 | 44 | | and the former law is continued in effect for that purpose. For |
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| 45 | 45 | | purposes of this section, an offense was committed before the |
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| 46 | 46 | | effective date of this Act if any element of the offense occurred |
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| 47 | 47 | | before that date. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2019. |
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