86R7729 GCB-F
By: Lucio III H.B. No. 1365
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the possession, use, cultivation,
processing, distribution, transportation, and delivery of medical
cannabis for medical use by patients with certain debilitating
medical conditions and the licensing of dispensing organizations
and testing facilities; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.001(c), Family Code, is amended to
read as follows:
(c) A court may not make a finding under Subsection (b) and
order termination of the parent-child relationship based on
evidence that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered medical [low-THC]
cannabis to a child for whom the medical [low-THC] cannabis was
recommended [prescribed] under Chapter 169, Occupations Code; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
SECTION 2. Section 262.116(a), Family Code, is amended to
read as follows:
(a) The Department of Family and Protective Services may not
take possession of a child under this subchapter based on evidence
that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered medical [low-THC]
cannabis to a child for whom the medical [low-THC] cannabis was
recommended [prescribed] under Chapter 169, Occupations Code; or
(5) declined immunization for the child for reasons of
conscience, including a religious belief.
SECTION 3. Section 481.062(a), Health and Safety Code, is
amended to read as follows:
(a) The following persons may possess a controlled
substance under this chapter without registering with the Federal
Drug Enforcement Administration:
(1) an agent or employee of a manufacturer,
distributor, analyzer, or dispenser of the controlled substance who
is registered with the Federal Drug Enforcement Administration and
acting in the usual course of business or employment;
(2) a common or contract carrier, a warehouseman, or
an employee of a carrier or warehouseman whose possession of the
controlled substance is in the usual course of business or
employment;
(3) an ultimate user or a person in possession of the
controlled substance under a lawful order of a practitioner or in
lawful possession of the controlled substance if it is listed in
Schedule V;
(4) an officer or employee of this state, another
state, a political subdivision of this state or another state, or
the United States who is lawfully engaged in the enforcement of a
law relating to a controlled substance or drug or to a customs law
and authorized to possess the controlled substance in the discharge
of the person's official duties;
(5) if the substance is tetrahydrocannabinol or one of
its derivatives:
(A) a Health and Human Services Commission
[Department of State Health Services] official, a medical school
researcher, or a research program participant possessing the
substance as authorized under Subchapter G; or
(B) a practitioner or an ultimate user possessing
the substance as a participant in a federally approved therapeutic
research program that the commissioner has reviewed and found, in
writing, to contain a medically responsible research protocol; or
(6) a dispensing organization or cannabis testing
facility licensed under Subchapter C, Chapter 487, that possesses
medical [low-THC] cannabis.
SECTION 4. Sections 481.111(e) and (f), Health and Safety
Code, are amended to read as follows:
(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
apply to a person who engages in the acquisition, possession,
production, cultivation, delivery, or disposal of a raw material
used in or by-product created by the production or cultivation of
medical [low-THC] cannabis if the person:
(1) for an offense involving possession only of
marihuana or drug paraphernalia, is a patient for whom medical use
[low-THC cannabis] is recommended [prescribed] under Chapter 169,
Occupations Code, [or the patient's legal guardian,] and the person
possesses no more than the allowable amount of medical [low-THC]
cannabis, as determined under Section 487.002 [obtained under a
valid prescription from a dispensing organization]; or
(2) is a director, manager, or employee of a
dispensing organization or cannabis testing facility and the
person, solely in performing the person's regular duties at the
organization or facility, acquires, possesses, produces,
cultivates, dispenses, or disposes of:
(A) in reasonable quantities, any medical
[low-THC] cannabis or raw materials used in or by-products created
by the production or cultivation of medical [low-THC] cannabis; or
(B) any drug paraphernalia used in the
acquisition, possession, production, cultivation, delivery, or
disposal of medical [low-THC] cannabis.
(f) For purposes of Subsection (e):
(1) "Cannabis testing facility" and "dispensing
organization" have the meanings ["Dispensing organization" has the
meaning] assigned by Section 487.001.
(2) "Medical cannabis" and "medical use" have the
meanings ["Low-THC cannabis" has the meaning] assigned by Section
169.001, Occupations Code.
SECTION 5. Section 487.001, Health and Safety Code, is
amended to read as follows:
Sec. 487.001. DEFINITIONS. In this chapter:
(1) "Cannabis testing facility" means an independent
entity licensed by the department under this chapter to analyze the
content, safety, and potency of medical cannabis.
(2) "Debilitating medical condition," "medical
cannabis," and "medical use" have the meanings assigned by Section
169.001, Occupations Code.
(3) "Department" means the Department of Public
Safety.
(4) [(2)] "Director" means the public safety director
of the department.
(5) [(3)] "Dispensing organization" means an
organization licensed by the department to cultivate, process, and
dispense medical [low-THC] cannabis to a patient for whom medical
use [low-THC cannabis] is recommended [prescribed] under Chapter
169, Occupations Code.
[(4) "Low-THC cannabis" has the meaning assigned by
Section 169.001, Occupations Code.]
SECTION 6. Subchapter A, Chapter 487, Health and Safety
Code, is amended by adding Section 487.002 to read as follows:
Sec. 487.002. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a)
The allowable amount of medical cannabis for a person for whom
medical use is recommended under Chapter 169, Occupations Code, is:
(1) not more than 2.5 ounces of medical cannabis;
(2) if applicable, a greater amount specified in
accordance with department rules by a recommending physician under
Chapter 169, Occupations Code, and included with the patient's
registration on the compassionate-use registry established under
Section 487.054; or
(3) an amount of oils or products infused with medical
cannabis such that the quantity of tetrahydrocannabinols in the oil
or product does not exceed the quantity of that substance contained
in the amount of medical cannabis under Subdivision (1) or (2), as
applicable.
(b) Oils and products infused with medical cannabis must be
labeled in accordance with department rules to indicate the
quantity of each cannabinoid and terpene contained in the oil or
product for purposes of determining compliance with this section.
SECTION 7. Chapter 487, Health and Safety Code, is amended
by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
Sec. 487.021. PROTECTION FROM LEGAL ACTION. (a) This
section applies to a person who is:
(1) a qualifying patient for whom medical use is
recommended under Chapter 169, Occupations Code;
(2) a dispensing organization;
(3) a cannabis testing facility; or
(4) a director, manager, or employee of a dispensing
organization or of a cannabis testing facility who is registered
with the department under Section 487.053.
(b) Notwithstanding any other law, a person described by
Subsection (a) is not subject to arrest, prosecution, or penalty in
any manner, or denial of any right or privilege, including any civil
penalty or disciplinary action by a court or occupational or
professional licensing board or bureau, for conduct involving
medical use that is authorized under this chapter, department rule,
or Chapter 169, Occupations Code.
Sec. 487.022. NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR
ENDANGERMENT. A person described by Section 487.021(a) may not be
presumed to have engaged in conduct constituting child abuse,
neglect, or endangerment solely because the person engaged in
conduct involving medical use that is authorized under this
chapter, department rule, or Chapter 169, Occupations Code.
Sec. 487.023. NO DENIAL OF PARENTAL RIGHTS. The fact that a
person described by Section 487.021(a) engages in conduct
authorized under this chapter, department rule, or Chapter 169,
Occupations Code, does not in itself constitute grounds for
denying, limiting, or restricting conservatorship or possession of
or access to a child under Title 5, Family Code.
Sec. 487.024. NO SEIZURE OR FORFEITURE. Property used in
the cultivation, processing, distribution, transportation, and
delivery of medical cannabis for medical use that is authorized
under this chapter, department rule, or Chapter 169, Occupations
Code, is not contraband for purposes of Chapter 59, Code of Criminal
Procedure, and is not subject to seizure or forfeiture under that
chapter or other law solely for the use of the property in those
authorized activities.
Sec. 487.025. NO PROSECUTION FOR PROVISION OF
PARAPHERNALIA. A person is not subject to arrest, prosecution, or
the imposition of any sentence or penalty for the delivery,
possession with intent to deliver, or manufacture of any item that
meets the definition of drug paraphernalia, as defined by Section
481.002, if that item is delivered, possessed with intent to
deliver, or manufactured for the sole purpose of providing that
item to a person for whom medical use is recommended under Chapter
169, Occupations Code.
SECTION 8. Section 487.052, Health and Safety Code, is
amended to read as follows:
Sec. 487.052. RULES. (a) The director shall adopt any
rules necessary for the administration and enforcement of this
chapter.
(b) The director shall adopt reasonable [, including] rules
imposing fees under this chapter in amounts sufficient to cover the
cost of administering this chapter.
(c) The director by rule shall adopt labeling requirements
for medical cannabis. In adopting labeling requirements, the
director shall ensure each oil and product infused with medical
cannabis is labeled with the quantity of each cannabinoid and
terpene contained in the oil or product.
(d) The director shall adopt necessary rules to allow the
department to monitor the safety and efficacy of medical cannabis
and oils or products infused with medical cannabis, including
rules:
(1) requiring accurate reporting to consumers by
testing facilities regarding the content of medical cannabis and
oils or products infused with medical cannabis; and
(2) providing for random testing by the department to
ensure compliance with labeling and reporting requirements.
(e) The director may collect data from dispensing
organizations, cannabis testing facilities, and health care
providers as necessary to enable the department to monitor the
safety and efficacy of medical cannabis and oils or products
infused with medical cannabis. The director may adopt rules for the
data collection under this subsection.
SECTION 9. The heading to Section 487.053, Health and
Safety Code, is amended to read as follows:
Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND
CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
INDIVIDUALS.
SECTION 10. Section 487.053(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall:
(1) issue or renew a license under Subchapter C to
operate as:
(A) a dispensing organization to each applicant
who satisfies the requirements established under this chapter for
licensure as a dispensing organization; and
(B) a cannabis testing facility to each applicant
who satisfies the requirements established under this chapter for
licensure as a cannabis testing facility; and
(2) register directors, managers, and employees under
Subchapter D of each:
(A) dispensing organization; and
(B) cannabis testing facility.
SECTION 11. Section 487.054, Health and Safety Code, is
amended to read as follows:
Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
department shall establish and maintain a secure online
compassionate-use registry that contains:
(1) the name of each physician who registers as the
physician recommending medical use [prescriber] for a patient under
Section 169.004, Occupations Code, the name and date of birth of the
patient, the dosage prescribed, the means of administration
ordered, and the debilitating medical condition for which medical
use is recommended for the patient [total amount of low-THC
cannabis required to fill the patient's prescription]; and
(2) if applicable, the allowable amount of cannabis
specified by a recommending physician for the patient under Chapter
169, Occupations Code [a record of each amount of low-THC cannabis
dispensed by a dispensing organization to a patient under a
prescription].
(b) The department shall ensure the registry:
(1) is designed to prevent more than one [qualified]
physician from registering as the physician recommending medical
use [prescriber] for a single patient;
(2) is accessible to law enforcement agencies and
dispensing organizations for the purpose of verifying whether a
patient is one for whom medical use is recommended under Chapter
169, Occupations Code [low-THC cannabis is prescribed and whether
the patient's prescriptions have been filled]; and
(3) allows a physician recommending medical use
[qualified to prescribe low-THC cannabis] under Chapter 169
[Section 169.002], Occupations Code, to input safety and efficacy
data derived from the treatment of patients for whom medical use
[low-THC cannabis] is recommended [prescribed under Chapter 169,
Occupations Code].
SECTION 12. The heading to Subchapter C, Chapter 487,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER C. LICENSING OF [LICENSE TO OPERATE AS] DISPENSING
ORGANIZATIONS AND CANNABIS TESTING FACILITIES [ORGANIZATION]
SECTION 13. Section 487.101, Health and Safety Code, is
amended to read as follows:
Sec. 487.101. LICENSE REQUIRED. A person may not operate as
a dispensing organization or a cannabis testing facility without
the appropriate license issued by the department under this
subchapter [chapter is required to operate a dispensing
organization].
SECTION 14. Section 487.102, Health and Safety Code, is
amended to read as follows:
Sec. 487.102. ELIGIBILITY FOR LICENSE TO OPERATE AS
DISPENSING ORGANIZATION. An applicant for a license to operate as a
dispensing organization is eligible for the license if:
(1) as determined by the department, the applicant
possesses:
(A) the technical and technological ability to
cultivate and produce medical [low-THC] cannabis;
(B) the ability to secure:
(i) the resources and personnel necessary
to operate as a dispensing organization; and
(ii) premises reasonably located to allow
patients listed on the compassionate-use registry access to the
organization through existing infrastructure;
(C) the ability to maintain accountability for
the raw materials, the finished product, and any by-products used
or produced in the cultivation or production of medical [low-THC]
cannabis to prevent unlawful access to or unlawful diversion or
possession of those materials, products, or by-products; and
(D) the financial ability to maintain operations
for not less than two years from the date of application;
(2) each director, manager, or employee of the
applicant is registered under Subchapter D; and
(3) the applicant satisfies any additional criteria
determined by the director to be necessary to safely implement this
chapter.
SECTION 15. Subchapter C, Chapter 487, Health and Safety
Code, is amended by adding Section 487.1021 to read as follows:
Sec. 487.1021. ELIGIBILITY FOR LICENSE TO OPERATE AS
CANNABIS TESTING FACILITY. An applicant for a license to operate as
a cannabis testing facility is eligible for the license if:
(1) as determined by the department, the applicant
possesses:
(A) the ability to secure the resources and
personnel necessary to operate as a cannabis testing facility; and
(B) the financial ability to maintain operations
for not less than two years from the date of application;
(2) each director, manager, or employee of the
applicant is registered under Subchapter D; and
(3) the applicant satisfies any additional criteria
determined by the director to be necessary for the operation of a
cannabis testing facility.
SECTION 16. Section 487.103, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A person may apply for an initial or renewal license
to operate as a cannabis testing facility by submitting a form
prescribed by the department along with the application fee in an
amount set by the director.
SECTION 17. Section 487.104(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall issue or renew a license under this
subchapter [to operate as a dispensing organization] only if:
(1) the department determines the applicant meets the
eligibility requirements described by Section 487.102 or 487.1021,
as applicable; and
(2) issuance or renewal of the license is necessary to
ensure reasonable statewide access to, and the availability of,
medical [low-THC] cannabis for patients registered in the
compassionate-use registry and for whom medical [low-THC] cannabis
is recommended [prescribed] under Chapter 169, Occupations Code.
SECTION 18. Sections 487.105(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) An applicant for the issuance or renewal of a license
under this subchapter [to operate as a dispensing organization]
shall provide the department with the applicant's name and the name
of each of the applicant's directors, managers, and employees.
(b) Before a license holder under this subchapter
[dispensing organization licensee] hires a manager or employee for
the organization or facility, the license holder [licensee] must
provide the department with the name of the prospective manager or
employee. The license holder [licensee] may not transfer the
license to another person before that prospective applicant and the
applicant's directors, managers, and employees pass a criminal
history background check and are registered as required by
Subchapter D.
SECTION 19. Sections 487.106 and 487.107, Health and Safety
Code, are amended to read as follows:
Sec. 487.106. DUTY TO MAINTAIN ELIGIBILITY. Each license
holder under this subchapter [A dispensing organization] must
maintain compliance at all times with the eligibility requirements
described by Section 487.102 or 487.1021, as applicable.
Sec. 487.107. DUTIES RELATING TO DISPENSING MEDICAL
CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low-THC]
cannabis to a person for whom medical use is recommended [the
low-THC cannabis is prescribed] under Chapter 169, Occupations
Code, the dispensing organization must verify that the
[prescription presented:
[(1) is for a] person is listed as a patient in the
compassionate-use registry[;
[(2) matches the entry in the compassionate-use
registry with respect to the total amount of low-THC cannabis
required to fill the prescription; and
[(3) has not previously been filled by a dispensing
organization as indicated by an entry in the compassionate-use
registry].
(b) After dispensing medical [low-THC] cannabis to a
patient for whom medical use is recommended [the low-THC cannabis
is prescribed] under Chapter 169, Occupations Code, the dispensing
organization shall record in the compassionate-use registry the
form and quantity of the medical [low-THC] cannabis dispensed and
the date and time of dispensation.
SECTION 20. Sections 487.108(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) The department may at any time suspend or revoke a
license issued under this subchapter [chapter] if the department
determines that the license holder [licensee] has not maintained
the eligibility requirements described by Section 487.102 or
487.1021, as applicable, or has failed to comply with a duty imposed
under this chapter.
(b) The director shall give written notice to the license
holder [dispensing organization] of a license suspension or
revocation under this section and the grounds for the suspension or
revocation. The notice must be sent by certified mail, return
receipt requested.
(c) After suspending or revoking a license issued under this
subchapter [chapter], the director may seize or place under seal
all medical [low-THC] cannabis and drug paraphernalia owned or
possessed by the dispensing organization or cannabis testing
facility. If the director orders the revocation of the license, a
disposition may not be made of the seized or sealed medical
[low-THC] cannabis or drug paraphernalia until the time for
administrative appeal of the order has elapsed or until all appeals
have been concluded. When a revocation order becomes final, all
medical [low-THC] cannabis and drug paraphernalia may be forfeited
to the state as provided under Subchapter E, Chapter 481.
SECTION 21. Section 487.151, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) An individual who is a director, manager, or employee
of a cannabis testing facility must apply for and obtain a
registration under this section.
SECTION 22. Section 487.201, Health and Safety Code, is
amended to read as follows:
Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
political subdivision may not enact, adopt, or enforce a rule,
ordinance, order, resolution, or other regulation that prohibits
the cultivation, production, dispensing, testing, or possession of
medical [low-THC] cannabis, as authorized by this chapter.
SECTION 23. Chapter 169, Occupations Code, is amended to
read as follows:
CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL USE OF [PRESCRIBE
LOW-THC] CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
Sec. 169.001. DEFINITIONS. In this chapter:
(1) "Debilitating medical condition" means:
(A) cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency syndrome,
amyotrophic lateral sclerosis, Crohn's disease, ulcerative
colitis, agitation of Alzheimer's disease, post-traumatic stress
disorder, autism, sickle cell anemia, Parkinson's disease,
muscular dystrophy, or Huntington's disease;
(B) a medical condition that produces, or the
treatment of a medical condition that produces:
(i) cachexia or wasting syndrome;
(ii) severe pain;
(iii) severe nausea;
(iv) seizures, including those
characteristic of epilepsy; or
(v) severe and persistent muscle spasms,
including those characteristic of multiple sclerosis; or
(C) any other medical condition approved as a
debilitating medical condition by department rule or any symptom
caused by the treatment of a medical condition that is approved as a
debilitating medical condition by department rule.
(2) "Department" means the Department of Public
Safety.
[(2) "Intractable epilepsy" means a seizure disorder in
which the patient's seizures have been treated by two or more
appropriately chosen and maximally titrated antiepileptic drugs
that have failed to control the seizures.]
(3) "Medical ["Low-THC] cannabis" means the plant
Cannabis sativa L., and any part of that plant or any compound,
manufacture, salt, derivative, mixture, preparation, resin, or oil
of that plant [that contains:
[(A) not more than 0.5 percent by weight of
tetrahydrocannabinols; and
[(B) not less than 10 percent by weight of
cannabidiol].
(4) "Medical use" means the ingestion by a means of
administration other than by smoking of a recommended [prescribed]
amount of medical [low-THC] cannabis by a person for whom medical
use [low-THC cannabis] is recommended [prescribed] under this
chapter.
(5) "Smoking" means burning or igniting a substance
and inhaling the smoke. The term does not include vaporizing.
(6) "Vaporizing" means heating a substance to a
temperature below the combustion point of the substance and
inhaling the vapor.
Sec. 169.0015. PETITION FOR APPROVAL OF MEDICAL CONDITION
OR SYMPTOM AS DEBILITATING MEDICAL CONDITION. (a) A person may
petition the department to approve by department rule under Section
169.001(1)(C) as a debilitating medical condition under this
chapter:
(1) a medical condition not specifically included in
the definition of "debilitating medical condition" provided by
Section 169.001; or
(2) a symptom caused by the treatment of a medical
condition not specifically included in the definition of
"debilitating medical condition" provided by Section 169.001.
(b) The department shall approve the medical condition or
the symptom proposed by the petition as a debilitating medical
condition if the person includes in the petition scientific
research that:
(1) has been published and peer-reviewed; and
(2) indicates the likely benefit of medical use in the
treatment or alleviation of the medical condition or symptom
outweighs the likely harm of medical use to a proposed patient.
Sec. 169.002. RECOMMENDATION OF MEDICAL USE [PHYSICIAN
QUALIFIED TO PRESCRIBE LOW-THC CANNABIS]. (a) A [Only a] physician
[qualified as provided by this section] may recommend medical use
[prescribe low-THC cannabis] in accordance with this chapter for a
patient with a debilitating medical condition, provided that the
physician has obtained the proper medical knowledge concerning
medical use as treatment for the patient's particular debilitating
medical condition through a course of instruction provided for that
purpose, continuing medical education relating to medical use, or
self-study.
(b) [A physician is qualified to prescribe low-THC cannabis
to a patient with intractable epilepsy if the physician:
[(1) is licensed under this subtitle;
[(2) dedicates a significant portion of clinical
practice to the evaluation and treatment of epilepsy; and
[(3) is certified:
[(A) by the American Board of Psychiatry and
Neurology in:
[(i) epilepsy; or
[(ii) neurology or neurology with special
qualification in child neurology and is otherwise qualified for the
examination for certification in epilepsy; or
[(B) in neurophysiology by:
[(i) the American Board of Psychiatry and
Neurology; or
[(ii) the American Board of Clinical
Neurophysiology.
[Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS.] A
physician who recommends medical use for a patient must [described
by Section 169.002 may prescribe low-THC cannabis to alleviate a
patient's seizures if]:
(1) comply [the patient is a permanent resident of the
state;
[(2) the physician complies] with the registration
requirements of Section 169.004; and
(2) certify [(3) the physician certifies] to the
department that:
(A) the patient is diagnosed with a debilitating
medical condition [intractable epilepsy];
(B) the physician has determined that
[determines] the risk of [the] medical use [of low-THC cannabis] by
the patient is reasonable in light of the potential benefit for the
patient; and
(C) the physician has obtained the proper medical
knowledge required by Subsection (a) [a second physician qualified
to prescribe low-THC cannabis under Section 169.002 has concurred
with the determination under Paragraph (B), and the second
physician's concurrence is recorded in the patient's medical
record].
Sec. 169.004. RECOMMENDING PHYSICIAN [LOW-THC CANNABIS
PRESCRIBER] REGISTRATION. Before a physician [qualified to
prescribe low-THC cannabis under Section 169.002] may recommend
medical use [prescribe or renew a prescription for low-THC
cannabis] for a patient under this chapter, the physician must
register as the recommending physician [prescriber] for that
patient in the compassionate-use registry maintained by the
department under Section 487.054, Health and Safety Code. The
physician's registration must indicate:
(1) the physician's name;
(2) the patient's name and date of birth; and
(3) the allowable [dosage prescribed to the patient;
[(4) the means of administration ordered for the
patient; and
[(5) the total] amount of medical [low-THC] cannabis
recommended for the patient, if the physician recommends an
allowable amount greater than the amount provided by Section
487.002(a)(1), Health and Safety Code [required to fill the
patient's prescription].
Sec. 169.005. PATIENT TREATMENT PLAN. A physician
[described by Section 169.002] who recommends medical use
[prescribes low-THC cannabis] for a patient [patient's medical use]
under this chapter must maintain a patient treatment plan that
indicates:
(1) [the dosage, means of administration, and planned
duration of treatment for the low-THC cannabis;
[(2)] a plan for monitoring the patient's symptoms;
and
(2) [(3)] a plan for monitoring indicators of
tolerance or reaction to medical [low-THC] cannabis.
SECTION 24. Section 551.004, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) This subtitle does not apply to:
(1) a practitioner licensed by the appropriate state
board who supplies a patient of the practitioner with a drug in a
manner authorized by state or federal law and who does not operate a
pharmacy for the retailing of prescription drugs;
(2) a member of the faculty of a college of pharmacy
recognized by the board who is a pharmacist and who performs the
pharmacist's services only for the benefit of the college;
(3) a person who procures prescription drugs for
lawful research, teaching, or testing and not for resale;
(4) a home and community support services agency that
possesses a dangerous drug as authorized by Section 142.0061,
142.0062, or 142.0063, Health and Safety Code; [or]
(5) a dispensing organization[, as defined by Section
487.001, Health and Safety Code,] that cultivates, processes, and
dispenses medical [low-THC] cannabis, as authorized by a license
issued under Subchapter (C), Chapter 487, Health and Safety Code,
to a patient listed in the compassionate-use registry established
under that chapter; or
(6) a cannabis testing facility that analyzes the
content, safety, and potency of medical cannabis, as authorized by
a license issued under Subchapter C, Chapter 487, Health and Safety
Code.
(a-1) For purposes of Subsections (a)(5) and (6), "cannabis
testing facility" and "dispensing organization" have the meanings
assigned by Section 487.001, Health and Safety Code.
SECTION 25. Not later than October 1, 2019, the public
safety director of the Department of Public Safety shall adopt
rules as required to implement, administer, and enforce Chapter
487, Health and Safety Code, as amended by this Act.
SECTION 26. (a) A license to operate as a dispensing
organization issued under Chapter 487, Health and Safety Code,
before the effective date of this Act continues to be valid after
the effective date of this Act until that license expires.
(b) The registration of a director, manager, or employee of
a dispensing organization under Subchapter D, Chapter 487, Health
and Safety Code, continues to be valid after the effective date of
this Act until that registration expires.
(c) Not later than March 1, 2020, the Department of Public
Safety shall begin licensing cannabis testing facilities in
accordance with Subchapter C, Chapter 487, Health and Safety Code,
as amended by this Act, provided that the applicants for a license
have met all requirements for approval under that subchapter.
SECTION 27. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2019.