Texas Senate Bill SB90

Texas 2019 - 86th Regular

Caption

Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions and the licensing of dispensing organizations and testing facilities; authorizing fees.

Impact

This legislation is expected to significantly alter state laws surrounding cannabis use, particularly emphasizing accessibility for patients with debilitating conditions such as cancer, PTSD, and chronic pain. One important component is the establishment of a secure, online compassionate-use registry intended to keep track of patients and their prescriptions for medical cannabis. Additionally, the bill prohibits local governments from enacting ordinances that would prohibit possession or use of medical cannabis, essentially centralizing authority under state law. These changes are intended to provide clear guidelines and protections for patients while promoting the responsible use of medical cannabis.

Summary

SB90 aims to authorize the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for patients with qualifying debilitating medical conditions. The bill establishes a framework for the licensing of dispensing organizations and cannabis testing facilities, alongside setting forth regulations regarding the allowable amount of medical cannabis that can be possessed and the requirements for acquiring a registry identification card. The licensing process requires a review by the Department of Public Safety to ensure that applicants meet specific criteria, thereby providing an opportunity for the medical cannabis industry to grow within a regulated and safe environment.

Contention

Despite the potential benefits, SB90 has been the subject of contention among lawmakers and advocacy groups. Supporters argue that the bill not only provides necessary medical relief to patients but also protects them from social stigma and legal repercussions. Critics, however, express concerns about the implementation and operational risks of cannabis distribution, questioning whether local oversight is being unduly stripped away. Another area of debate focuses on the extent of the protections offered to individuals who provide or administer cannabis, raising concerns about child protection laws in relation to households where medical cannabis is used.