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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 exempting CBD oil from the Texas Controlled Substances |
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| 8 | 8 | | Act. |
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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 481.002, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subdivision (2-a) and amending Subdivision (26) |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (2-a) "CBD oil" means a manufacture, derivative, |
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| 14 | 14 | | mixture, or preparation of the plant Cannabis sativa L. that |
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| 15 | 15 | | primarily contains cannabidiol and may contain other cannabinoids, |
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| 16 | 16 | | terpenes, and other compounds found in the plant, but does not |
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| 17 | 17 | | contain, or contains only trace amounts of, delta-9 |
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| 18 | 18 | | tetrahydrocannabinol. |
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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) CBD oil. |
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| 35 | 35 | | SECTION 2. Section 481.111, Health and Safety Code, is |
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| 36 | 36 | | amended by adding Subsection (c-1) to read as follows: |
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| 37 | 37 | | (c-1) The provisions of this chapter relating to the |
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| 38 | 38 | | possession and delivery of marihuana do not apply to a person who |
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| 39 | 39 | | possesses or delivers CBD oil. |
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| 40 | 40 | | SECTION 3. The changes in law made by this Act to Subchapter |
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| 41 | 41 | | D, Chapter 481, Health and Safety Code, apply to conduct involving |
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| 42 | 42 | | the possession or delivery of CBD oil that occurs before, on, or |
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| 43 | 43 | | after September 1, 2019, except that a final conviction for an |
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| 44 | 44 | | offense that exists on September 1, 2019, is unaffected by this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2019. |
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