| 1 | 1 | | 86R10545 BEF-D |
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| 2 | 2 | | By: Zedler H.B. No. 4276 |
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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 legalization of certain cannabidiol. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 481.002(5) and (26), Health and Safety |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | (5) "Controlled substance" means a substance, |
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| 12 | 12 | | including a drug, an adulterant, and a dilutant, listed in |
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| 13 | 13 | | Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The |
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| 14 | 14 | | term includes the aggregate weight of any mixture, solution, or |
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| 15 | 15 | | other substance containing a controlled substance. The term does |
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| 16 | 16 | | not include cannabidiol included in the definition of "hemp" |
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| 17 | 17 | | provided by Section 297A, Agricultural Marketing Act of 1946 (7 |
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| 18 | 18 | | U.S.C. Section 1639o). |
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| 19 | 19 | | (26) "Marihuana" means the plant Cannabis sativa L., |
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| 20 | 20 | | whether growing or not, the seeds of that plant, and every compound, |
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| 21 | 21 | | manufacture, salt, derivative, mixture, or preparation of that |
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| 22 | 22 | | plant or its seeds. The term does not include: |
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| 23 | 23 | | (A) the resin extracted from a part of the plant |
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| 24 | 24 | | or a compound, manufacture, salt, derivative, mixture, or |
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| 25 | 25 | | preparation of the resin; |
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| 26 | 26 | | (B) the mature stalks of the plant or fiber |
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| 27 | 27 | | produced from the stalks; |
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| 28 | 28 | | (C) oil or cake made from the seeds of the plant; |
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| 29 | 29 | | (D) a compound, manufacture, salt, derivative, |
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| 30 | 30 | | mixture, or preparation of the mature stalks, fiber, oil, or cake; |
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| 31 | 31 | | [or] |
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| 32 | 32 | | (E) the sterilized seeds of the plant that are |
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| 33 | 33 | | incapable of beginning germination; or |
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| 34 | 34 | | (F) cannabidiol included in the definition of |
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| 35 | 35 | | "hemp" provided by Section 297A, Agricultural Marketing Act of 1946 |
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| 36 | 36 | | (7 U.S.C. Section 1639o). |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2019. |
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