Texas 2019 - 86th Regular

Texas Senate Bill SB90 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2779 GCB-F
2	2	By: Menéndez S.B. No. 90
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing the possession, use, cultivation,
8	8	distribution, transportation, and delivery of medical cannabis for
9	9	medical use by qualifying patients with certain debilitating
10	10	medical conditions and the licensing of dispensing organizations
11	11	and testing facilities; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 161.001(c), Family Code, is amended to
14	14	read as follows:
15	15	(c) A court may not make a finding under Subsection (b) and
16	16	order termination of the parent-child relationship based on
17	17	evidence that the parent:
18	18	(1) homeschooled the child;
19	19	(2) is economically disadvantaged;
20	20	(3) has been charged with a nonviolent misdemeanor
21	21	offense other than:
22	22	(A) an offense under Title 5, Penal Code;
23	23	(B) an offense under Title 6, Penal Code; or
24	24	(C) an offense that involves family violence, as
25	25	defined by Section 71.004 of this code;
26	26	(4) provided or administered medical [low-THC]
27	27	cannabis to a child for whom the medical [low-THC] cannabis was
28	28	recommended [prescribed] under Chapter 169, Occupations Code; or
29	29	(5) declined immunization for the child for reasons of
30	30	conscience, including a religious belief.
31	31	SECTION 2. Section 262.116(a), Family Code, is amended to
32	32	read as follows:
33	33	(a) The Department of Family and Protective Services may not
34	34	take possession of a child under this subchapter based on evidence
35	35	that the parent:
36	36	(1) homeschooled the child;
37	37	(2) is economically disadvantaged;
38	38	(3) has been charged with a nonviolent misdemeanor
39	39	offense other than:
40	40	(A) an offense under Title 5, Penal Code;
41	41	(B) an offense under Title 6, Penal Code; or
42	42	(C) an offense that involves family violence, as
43	43	defined by Section 71.004 of this code;
44	44	(4) provided or administered medical [low-THC]
45	45	cannabis to a child for whom the medical [low-THC] cannabis was
46	46	recommended [prescribed] under Chapter 169, Occupations Code; or
47	47	(5) declined immunization for the child for reasons of
48	48	conscience, including a religious belief.
49	49	SECTION 3. Section 481.062(a), Health and Safety Code, is
50	50	amended to read as follows:
51	51	(a) The following persons may possess a controlled
52	52	substance under this chapter without registering with the Federal
53	53	Drug Enforcement Administration:
54	54	(1) an agent or employee of a manufacturer,
55	55	distributor, analyzer, or dispenser of the controlled substance who
56	56	is registered with the Federal Drug Enforcement Administration and
57	57	acting in the usual course of business or employment;
58	58	(2) a common or contract carrier, a warehouseman, or
59	59	an employee of a carrier or warehouseman whose possession of the
60	60	controlled substance is in the usual course of business or
61	61	employment;
62	62	(3) an ultimate user or a person in possession of the
63	63	controlled substance under a lawful order of a practitioner or in
64	64	lawful possession of the controlled substance if it is listed in
65	65	Schedule V;
66	66	(4) an officer or employee of this state, another
67	67	state, a political subdivision of this state or another state, or
68	68	the United States who is lawfully engaged in the enforcement of a
69	69	law relating to a controlled substance or drug or to a customs law
70	70	and authorized to possess the controlled substance in the discharge
71	71	of the person's official duties;
72	72	(5) if the substance is tetrahydrocannabinol or one of
73	73	its derivatives:
74	74	(A) a Health and Human Services Commission
75	75	[Department of State Health Services] official, a medical school
76	76	researcher, or a research program participant possessing the
77	77	substance as authorized under Subchapter G; or
78	78	(B) a practitioner or an ultimate user possessing
79	79	the substance as a participant in a federally approved therapeutic
80	80	research program that the commissioner has reviewed and found, in
81	81	writing, to contain a medically responsible research protocol; or
82	82	(6) a person possessing medical cannabis, as defined
83	83	by Section 169.001, Occupations Code, who is authorized to possess
84	84	medical cannabis [dispensing organization licensed] under Chapter
85	85	487 [that possesses low-THC cannabis].
86	86	SECTION 4. Sections 481.111(e) and (f), Health and Safety
87	87	Code, are amended to read as follows:
88	88	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
89	89	apply to a person who engages in the acquisition, possession,
90	90	production, cultivation, delivery, or disposal of a raw material
91	91	used in or by-product created by the production or cultivation of
92	92	medical [low-THC] cannabis if the person:
93	93	(1) for an offense involving possession only of
94	94	marihuana or drug paraphernalia, is a cardholder or nonresident
95	95	cardholder authorized under Chapter 487 to possess medical cannabis
96	96	for medical use by a qualifying patient [for whom low-THC cannabis
97	97	is prescribed under Chapter 169, Occupations Code, or the patient's
98	98	legal guardian,] and the person possesses no more than the
99	99	allowable amount of medical [low-THC] cannabis, as determined under
100	100	Section 487.081 [obtained under a valid prescription from a
101	101	dispensing organization]; or
102	102	(2) is a director, manager, or employee of a
103	103	dispensing organization or cannabis testing facility and the
104	104	person, solely in performing the person's regular duties at the
105	105	organization or facility, acquires, possesses, produces,
106	106	cultivates, dispenses, or disposes of:
107	107	(A) in reasonable quantities, any medical
108	108	[low-THC] cannabis or raw materials used in or by-products created
109	109	by the production or cultivation of medical [low-THC] cannabis; or
110	110	(B) any drug paraphernalia used in the
111	111	acquisition, possession, production, cultivation, delivery, or
112	112	disposal of medical [low-THC] cannabis.
113	113	(f) For purposes of Subsection (e):
114	114	(1) "Cannabis testing facility," "cardholder,"
115	115	"dispensing organization," and "nonresident cardholder" have the
116	116	meanings ["Dispensing organization" has the meaning] assigned by
117	117	Section 487.001.
118	118	(2) "Medical cannabis," "medical use," and
119	119	"qualifying patient" have the meanings ["Low-THC cannabis" has the
120	120	meaning] assigned by Section 169.001, Occupations Code.
121	121	SECTION 5. Section 487.001, Health and Safety Code, is
122	122	amended to read as follows:
123	123	Sec. 487.001. DEFINITIONS. In this chapter:
124	124	(1) "Cannabis testing facility" means an independent
125	125	entity licensed by the department under this chapter to analyze the
126	126	safety and potency of medical cannabis.
127	127	(2) "Cardholder" means a qualifying patient or a
128	128	registered caregiver who is issued a registry identification card.
129	129	(3) "Debilitating medical condition," "medical
130	130	cannabis," "medical practitioner," "medical use," and "qualifying
131	131	patient" have the meanings assigned by Section 169.001, Occupations
132	132	Code.
133	133	(4) "Department" means the Department of Public
134	134	Safety.
135	135	(5) [(2)] "Director" means the public safety director
136	136	of the department.
137	137	(6) [(3)] "Dispensing organization" means an
138	138	organization licensed by the department to cultivate, process, and
139	139	dispense medical [low-THC] cannabis to a patient for whom medical
140	140	use [low-THC cannabis] is recommended [prescribed] under Chapter
141	141	169, Occupations Code.
142	142	(7) "Drug paraphernalia" has the meaning assigned by
143	143	Section 481.002.
144	144	(8) "Nonresident cardholder" means a person who is not
145	145	a resident of this state and who:
146	146	(A) has been diagnosed with a debilitating
147	147	medical condition and issued a currently valid registry
148	148	identification card or the equivalent under the laws of another
149	149	state, district, territory, commonwealth, insular possession of
150	150	the United States, or country recognized by the United States, that
151	151	authorizes medical use by the person in the jurisdiction of
152	152	issuance; or
153	153	(B) is the parent, legal guardian, or conservator
154	154	of a person described by Paragraph (A).
155	155	(9) "Registered caregiver" means a person who:
156	156	(A) is at least 21 years of age or a parent, legal
157	157	guardian, or conservator of a qualifying patient;
158	158	(B) has significant responsibility for managing
159	159	the medical care of a qualifying patient listed on the
160	160	compassionate-use registry; and
161	161	(C) has been issued a registry identification
162	162	card identifying the person as a registered caregiver of a
163	163	qualifying patient listed on the compassionate-use registry.
164	164	(10) "Registry identification card" means a document
165	165	issued by the department that identifies a person as:
166	166	(A) a qualifying patient listed on the
167	167	compassionate-use registry; or
168	168	(B) a registered caregiver of a qualifying
169	169	patient listed on the compassionate-use registry.
170	170	(11) "Written certification" means a document
171	171	produced under Section 169.002, Occupations Code.
172	172	[(4) "Low-THC cannabis" has the meaning assigned by
173	173	Section 169.001, Occupations Code.]
174	174	SECTION 6. Chapter 487, Health and Safety Code, is amended
175	175	by adding Subchapter A-1 to read as follows:
176	176	SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
177	177	Sec. 487.021. PROTECTION FROM LEGAL ACTION. (a) This
178	178	section applies to a person who is:
179	179	(1) a cardholder;
180	180	(2) a nonresident cardholder;
181	181	(3) a dispensing organization;
182	182	(4) a cannabis testing facility; or
183	183	(5) a director, manager, or employee of a dispensing
184	184	organization or of a cannabis testing facility who is registered
185	185	with the department under Section 487.053.
186	186	(b) Notwithstanding any other law, a person described by
187	187	Subsection (a) is not subject to arrest, prosecution, or penalty in
188	188	any manner, or denial of any right or privilege, including any civil
189	189	penalty or disciplinary action by a court or occupational or
190	190	professional licensing board or bureau, for conduct involving
191	191	medical use that is authorized under this chapter, department rule,
192	192	or Chapter 169, Occupations Code.
193	193	Sec. 487.022. NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR
194	194	ENDANGERMENT. A person described by Section 487.021(a) may not be
195	195	presumed to have engaged in conduct constituting child abuse,
196	196	neglect, or endangerment solely because the person engaged in
197	197	conduct involving medical use that is authorized under this
198	198	chapter, department rule, or Chapter 169, Occupations Code.
199	199	Sec. 487.023. NO DENIAL OF PARENTAL RIGHTS. The fact that a
200	200	person described by Section 487.021(a) engages in conduct
201	201	authorized under this chapter, department rule, or Chapter 169,
202	202	Occupations Code, does not in itself constitute grounds for
203	203	denying, limiting, or restricting conservatorship or possession of
204	204	or access to a child under Title 5, Family Code.
205	205	Sec. 487.024. NO SEIZURE OR FORFEITURE. Property used in
206	206	the cultivation, distribution, transportation, and delivery of
207	207	medical cannabis for medical use that is authorized under this
208	208	chapter, department rule, or Chapter 169, Occupations Code, is not
209	209	contraband for purposes of Chapter 59, Code of Criminal Procedure,
210	210	and is not subject to seizure or forfeiture under that chapter or
211	211	other law solely for the use of the property in those authorized
212	212	activities.
213	213	Sec. 487.025. NO PROSECUTION FOR PROVISION OF
214	214	PARAPHERNALIA. A person is not subject to arrest, prosecution, or
215	215	the imposition of any sentence or penalty for the delivery,
216	216	possession with intent to deliver, or manufacture of any item that
217	217	meets the definition of drug paraphernalia, if that item is
218	218	delivered, possessed with intent to deliver, or manufactured for
219	219	the sole purpose of providing that item to a cardholder or
220	220	nonresident cardholder for medical use under this chapter,
221	221	department rule, or Chapter 169, Occupations Code.
222	222	SECTION 7. Section 487.052, Health and Safety Code, is
223	223	amended to read as follows:
224	224	Sec. 487.052. RULES. (a) The director shall adopt any
225	225	rules necessary for the administration and enforcement of this
226	226	chapter.
227	227	(b) The director shall adopt reasonable [, including] rules
228	228	imposing fees under this chapter in amounts sufficient to cover the
229	229	cost of administering this chapter. Fees collected under a rule
230	230	adopted under this chapter may be used only for the administration
231	231	of this chapter.
232	232	(c) The director shall adopt rules in accordance with
233	233	Section 487.081 governing the allowable amount of medical cannabis
234	234	a cardholder or nonresident cardholder may possess for medical use
235	235	by a qualifying patient.
236	236	(d) The director by rule shall adopt labeling requirements
237	237	for medical cannabis.
238	238	(e) The director shall adopt rules establishing security
239	239	requirements concerning the cultivation of medical cannabis by a
240	240	cardholder.
241	241	(f) The director shall adopt reasonable rules governing
242	242	access to medical cannabis by nonresident cardholders.
243	243	SECTION 8. The heading to Section 487.053, Health and
244	244	Safety Code, is amended to read as follows:
245	245	Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND
246	246	CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
247	247	INDIVIDUALS.
248	248	SECTION 9. Section 487.053(a), Health and Safety Code, is
249	249	amended to read as follows:
250	250	(a) The department shall:
251	251	(1) issue or renew a license to operate as:
252	252	(A) a dispensing organization to each applicant
253	253	who satisfies the requirements established under this chapter for
254	254	licensure as a dispensing organization; and
255	255	(B) a cannabis testing facility to each applicant
256	256	who satisfies the requirements established under this chapter for
257	257	licensure as a cannabis testing facility; and
258	258	(2) register directors, managers, and employees of
259	259	each:
260	260	(A) dispensing organization; and
261	261	(B) cannabis testing facility.
262	262	SECTION 10. Section 487.054, Health and Safety Code, is
263	263	amended to read as follows:
264	264	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
265	265	department shall establish and maintain a secure online
266	266	compassionate-use registry that contains:
267	267	(1) the name of each individual who is issued a
268	268	registry identification card and each nonresident cardholder who
269	269	receives medical cannabis from a dispensing organization;
270	270	(2) the name of each medical practitioner who
271	271	recommends medical use to a qualifying patient and [physician who
272	272	registers as the prescriber for a patient under Section 169.004,
273	273	Occupations Code,] the name and date of birth of that [the]
274	274	patient[, the dosage prescribed, the means of administration
275	275	ordered, and the total amount of low-THC cannabis required to fill
276	276	the patient's prescription]; and
277	277	(3) [(2)] a record of each amount of medical [low-THC]
278	278	cannabis dispensed by a dispensing organization to a cardholder or
279	279	nonresident cardholder [patient under a prescription].
280	280	(b) The department shall ensure the registry:
281	281	(1) is designed to prevent more than one medical
282	282	practitioner [qualified physician] from registering as the
283	283	recommending medical practitioner [prescriber] for a single
284	284	patient; and
285	285	(2) is accessible to law enforcement agencies and
286	286	dispensing organizations for the purpose of verifying whether a
287	287	person is authorized under this chapter to receive medical cannabis
288	288	[patient is one for whom low-THC cannabis is prescribed and whether
289	289	the patient's prescriptions have been filled; and
290	290	[(3) allows a physician qualified to prescribe low-THC
291	291	cannabis under Section 169.002, Occupations Code, to input safety
292	292	and efficacy data derived from the treatment of patients for whom
293	293	low-THC cannabis is prescribed under Chapter 169, Occupations
294	294	Code].
295	295	SECTION 11. Subchapter B, Chapter 487, Health and Safety
296	296	Code, is amended by adding Sections 487.055 and 487.056 to read as
297	297	follows:
298	298	Sec. 487.055. LICENSING AND REGULATION OF CANNABIS TESTING
299	299	FACILITIES. The director shall adopt all rules necessary for:
300	300	(1) the licensing and regulation of cannabis testing
301	301	facilities and the directors, managers, and employees of those
302	302	facilities;
303	303	(2) the operation of cannabis testing facilities; and
304	304	(3) the testing of the safety and potency of medical
305	305	cannabis.
306	306	Sec. 487.056. APPLICATION FOR REGISTRY IDENTIFICATION
307	307	CARD. (a) The director by rule shall adopt an application for a
308	308	registry identification card:
309	309	(1) for a qualifying patient; and
310	310	(2) for a designated caregiver.
311	311	(b) An applicant for a registry identification card must
312	312	submit to the department:
313	313	(1) the application adopted under Subsection (a);
314	314	(2) a written certification that was issued within the
315	315	90 days preceding the date of application and that affirms that
316	316	medical use is recommended for the qualifying patient;
317	317	(3) the application fee prescribed by department rule;
318	318	and
319	319	(4) any other forms developed by the director for
320	320	submission with the application.
321	321	(c) The department shall issue a registry identification to
322	322	an applicant who is a qualifying patient or the registered
323	323	caregiver of a qualifying patient not later than the 25th day after
324	324	the date the application is submitted.
325	325	SECTION 12. Chapter 487, Health and Safety Code, is amended
326	326	by adding Subchapter B-1 to read as follows:
327	327	SUBCHAPTER B-1. ALLOWABLE AMOUNT OF MEDICAL CANNABIS AND ACCESS TO
328	328	MEDICAL CANNABIS
329	329	Sec. 487.081. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a) A
330	330	cardholder or nonresident cardholder may possess for medical use by
331	331	the qualifying patient no more than the allowable amount of medical
332	332	cannabis for that qualifying patient, as provided by this section
333	333	and department rule.
334	334	(b) The director by rule shall specify the number of
335	335	cannabis plants that may be cultivated or possessed for medical use
336	336	by a qualifying patient, which may not be fewer than six cannabis
337	337	plants. The amount of medical cannabis, edible products that
338	338	contain medical cannabis, or products infused with medical cannabis
339	339	that are produced from the allowable number of cannabis plants may
340	340	be possessed for medical use by a cardholder or nonresident
341	341	cardholder on the site where those plants are cultivated,
342	342	regardless of whether the amount possessed on that site exceeds the
343	343	quantity otherwise provided as the allowable amount of medical
344	344	cannabis for the qualifying patient by a rule adopted under this
345	345	section.
346	346	(c) The director by rule shall specify the quantity of
347	347	medical cannabis other than cannabis plants, edible products that
348	348	contain medical cannabis, or products infused with medical
349	349	cannabis, that, except as otherwise provided by Subsection (b) or
350	350	(e), may be possessed by a cardholder or nonresident cardholder for
351	351	medical use by a qualifying patient, which may not be less than 2.5
352	352	ounces.
353	353	(d) The director by rule shall specify the quantity of
354	354	edible products that contain medical cannabis or products infused
355	355	with medical cannabis that, except as otherwise provided by
356	356	Subsection (b) or (e), may be possessed by a cardholder or
357	357	nonresident cardholder for medical use by a qualifying patient.
358	358	(e) If a medical practitioner recommends in the qualifying
359	359	patient's written certification a different amount of medical
360	360	cannabis than the amount provided by rule adopted under this
361	361	section, the amount recommended by the written certification is
362	362	the allowable amount of medical cannabis for that qualifying
363	363	patient.
364	364	Sec. 487.082. ACCESS TO MEDICAL CANNABIS BEFORE REGISTRY
365	365	IDENTIFICATION CARD ISSUED. An applicant for a registry
366	366	identification card may receive medical cannabis from a dispensing
367	367	organization before the department issues a registry
368	368	identification card on providing:
369	369	(1) proof that the application was submitted to the
370	370	department and any application fees were paid; and
371	371	(2) a copy of the applicant's written certification.
372	372	Sec. 487.083. ACCESS TO MEDICAL CANNABIS BEFORE DECEMBER 1,
373	373	2019. (a) On or before December 1, 2019, notwithstanding a
374	374	contrary provision of this chapter, a qualifying patient or a
375	375	caregiver with significant responsibility for managing the
376	376	well-being of a qualifying patient may obtain medical cannabis from
377	377	a dispensing organization on providing:
378	378	(1) for a qualifying patient, a copy of the qualifying
379	379	patient's written certification; or
380	380	(2) for a caregiver of the qualifying patient:
381	381	(A) a copy of the qualifying patient's written
382	382	certification; and
383	383	(B) an affidavit stating:
384	384	(i) that the caregiver is the qualifying
385	385	patient's parent or guardian; or
386	386	(ii) that the caregiver has significant
387	387	responsibility for managing the well-being of the qualifying
388	388	patient and that is signed by the qualifying patient or the
389	389	qualifying patient's parent or guardian, if the qualifying patient
390	390	is a minor.
391	391	(b) This section expires December 1, 2019.
392	392	SECTION 13. Section 487.102, Health and Safety Code, is
393	393	amended to read as follows:
394	394	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
395	395	license to operate as a dispensing organization is eligible for the
396	396	license if:
397	397	(1) as determined by the department, the applicant
398	398	possesses:
399	399	(A) the technical and technological ability to
400	400	cultivate and produce medical [low-THC] cannabis;
401	401	(B) the ability to secure:
402	402	(i) the resources and personnel necessary
403	403	to operate as a dispensing organization; and
404	404	(ii) premises reasonably located to allow
405	405	patients listed on the compassionate-use registry access to the
406	406	organization through existing infrastructure;
407	407	(C) the ability to maintain accountability for
408	408	the raw materials, the finished product, and any by-products used
409	409	or produced in the cultivation or production of medical [low-THC]
410	410	cannabis to prevent unlawful access to or unlawful diversion or
411	411	possession of those materials, products, or by-products; and
412	412	(D) the financial ability to maintain operations
413	413	for not less than two years from the date of application;
414	414	(2) each director, manager, or employee of the
415	415	applicant is registered under Subchapter D; and
416	416	(3) the applicant satisfies any additional criteria
417	417	determined by the director to be necessary to safely implement this
418	418	chapter.
419	419	SECTION 14. Subchapter C, Chapter 487, Health and Safety
420	420	Code, is amended by adding Section 487.1025 to read as follows:
421	421	Sec. 487.1025. ANNUAL LICENSE FEE. The director shall
422	422	charge an annual license fee set initially by the director in an
423	423	amount not to exceed $5,000. The director shall annually adjust for
424	424	inflation the annual license fee.
425	425	SECTION 15. Section 487.103, Health and Safety Code, is
426	426	amended by adding Subsection (a-1) to read as follows:
427	427	(a-1) The director shall set the application fee charged
428	428	under Subsection (a) initially in an amount not to exceed $2,500.
429	429	The director shall annually adjust for inflation the application
430	430	fee.
431	431	SECTION 16. Section 487.104(a), Health and Safety Code, is
432	432	amended to read as follows:
433	433	(a) The department shall issue or renew a license to operate
434	434	as a dispensing organization only if:
435	435	(1) the department determines the applicant meets the
436	436	eligibility requirements described by Section 487.102; and
437	437	(2) issuance or renewal of the license is necessary to
438	438	ensure reasonable statewide access to, and the availability of,
439	439	medical [low-THC] cannabis for patients registered in the
440	440	compassionate-use registry and for whom medical [low-THC] cannabis
441	441	is recommended [prescribed] under Chapter 169, Occupations Code.
442	442	SECTION 17. Section 487.107, Health and Safety Code, is
443	443	amended to read as follows:
444	444	Sec. 487.107. DUTIES RELATING TO DISPENSING MEDICAL
445	445	CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low-THC]
446	446	cannabis to a person authorized under this chapter to receive
447	447	medical [for whom the low-THC] cannabis [is prescribed under
448	448	Chapter 169, Occupations Code], the dispensing organization must
449	449	verify that [the prescription presented]:
450	450	(1) the person receiving the medical cannabis is [for]
451	451	a cardholder [person] listed [as a patient] in the
452	452	compassionate-use registry or a nonresident cardholder;
453	453	(2) the medical cannabis, including any edible
454	454	products that contain medical cannabis and any products infused
455	455	with medical cannabis, has been properly tested and properly
456	456	labeled in accordance with standards established by the department
457	457	[matches the entry in the compassionate-use registry with respect
458	458	to the total amount of low-THC cannabis required to fill the
459	459	prescription]; and
460	460	(3) the amount of medical cannabis dispensed to the
461	461	person would not cause the person to possess more than the allowable
462	462	amount of medical cannabis for the qualifying patient, as
463	463	determined under Section 487.081 [has not previously been filled by
464	464	a dispensing organization as indicated by an entry in the
465	465	compassionate-use registry].
466	466	(b) After dispensing medical [low-THC] cannabis to a
467	467	cardholder or nonresident cardholder [patient for whom the low-THC
468	468	cannabis is prescribed under Chapter 169, Occupations Code], the
469	469	dispensing organization shall record in the compassionate-use
470	470	registry the name and address of the individual to whom the medical
471	471	cannabis is dispensed, the form and quantity of medical [low-THC]
472	472	cannabis dispensed, and the date and time of dispensation.
473	473	SECTION 18. Section 487.108(c), Health and Safety Code, is
474	474	amended to read as follows:
475	475	(c) After suspending or revoking a license issued under this
476	476	chapter, the director may seize or place under seal all medical
477	477	[low-THC] cannabis and drug paraphernalia owned or possessed by the
478	478	dispensing organization. If the director orders the revocation of
479	479	the license, a disposition may not be made of the seized or sealed
480	480	medical [low-THC] cannabis or drug paraphernalia until the time for
481	481	administrative appeal of the order has elapsed or until all appeals
482	482	have been concluded. When a revocation order becomes final, all
483	483	medical [low-THC] cannabis and drug paraphernalia may be forfeited
484	484	to the state as provided under Subchapter E, Chapter 481.
485	485	SECTION 19. Section 487.151, Health and Safety Code, is
486	486	amended by adding Subsection (a-1) to read as follows:
487	487	(a-1) An individual who is a director, manager, or employee
488	488	of a cannabis testing facility must apply for and obtain a
489	489	registration under this section.
490	490	SECTION 20. Section 487.201, Health and Safety Code, is
491	491	amended to read as follows:
492	492	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
493	493	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
494	494	political subdivision may not enact, adopt, or enforce a rule,
495	495	ordinance, order, resolution, or other regulation that prohibits
496	496	the cultivation, production, dispensing, or possession of medical
497	497	[low-THC] cannabis, as authorized by this chapter.
498	498	SECTION 21. The heading to Chapter 169, Occupations Code,
499	499	is amended to read as follows:
500	500	CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL [PRESCRIBE LOW-THC]
501	501	CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
502	502	SECTION 22. Sections 169.001, 169.002, and 169.004,
503	503	Occupations Code, are amended to read as follows:
504	504	Sec. 169.001. DEFINITIONS. In this chapter:
505	505	(1) "Debilitating medical condition" means:
506	506	(A) cancer, glaucoma, positive status for human
507	507	immunodeficiency virus, acquired immune deficiency syndrome,
508	508	hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,
509	509	ulcerative colitis, agitation of Alzheimer's disease,
510	510	post-traumatic stress disorder, autism, sickle cell anemia, severe
511	511	fibromyalgia, spinal cord disease, spinal cord injury, traumatic
512	512	brain injury or post-concussion syndrome, chronic traumatic
513	513	encephalopathy, Parkinson's disease, muscular dystrophy, or
514	514	Huntington's disease;
515	515	(B) a chronic medical condition that produces, or
516	516	the treatment of a chronic medical condition that produces:
517	517	(i) cachexia or wasting syndrome;
518	518	(ii) severe pain;
519	519	(iii) severe nausea;
520	520	(iv) seizures, including those
521	521	characteristic of epilepsy; or
522	522	(v) severe and persistent muscle spasms,
523	523	including those characteristic of multiple sclerosis; or
524	524	(C) any other medical condition approved as a
525	525	debilitating medical condition by department rule or any symptom
526	526	caused by the treatment of a medical condition that is approved as a
527	527	debilitating medical condition by department rule.
528	528	(2) "Department" means the Department of Public
529	529	Safety.
530	530	[(2) "Intractable epilepsy" means a seizure disorder in
531	531	which the patient's seizures have been treated by two or more
532	532	appropriately chosen and maximally titrated antiepileptic drugs
533	533	that have failed to control the seizures.]
534	534	(3) "Medical ["Low-THC] cannabis" means the plant
535	535	Cannabis sativa L., and any part of that plant or any compound,
536	536	manufacture, salt, derivative, mixture, preparation, resin, or oil
537	537	of that plant [that contains:
538	538	[(A) not more than 0.5 percent by weight of
539	539	tetrahydrocannabinols; and
540	540	[(B) not less than 10 percent by weight of
541	541	cannabidiol].
542	542	(4) "Medical practitioner" means:
543	543	(A) a licensed physician;
544	544	(B) an advanced practice registered nurse who has
545	545	been delegated prescriptive authority in accordance with
546	546	Subchapter B, Chapter 157; or
547	547	(C) a physician assistant who has been delegated
548	548	prescriptive authority in accordance with Subchapter B, Chapter
549	549	157.
550	550	(5) [(4)] "Medical use" means the ingestion of medical
551	551	[by a means of administration other than by smoking of a prescribed
552	552	amount of low-THC] cannabis by a qualifying patient to treat or
553	553	alleviate the patient's debilitating medical condition [person for
554	554	whom low-THC cannabis is prescribed under this chapter].
555	555	(6) "Qualifying patient" means a person who has been
556	556	diagnosed with a debilitating medical condition by a medical
557	557	practitioner.
558	558	[(5) "Smoking" means burning or igniting a substance
559	559	and inhaling the smoke.]
560	560	Sec. 169.002. RECOMMENDATION FOR MEDICAL [PHYSICIAN
561	561	QUALIFIED TO PRESCRIBE LOW-THC] CANNABIS BY MEDICAL PRACTITIONER.
562	562	(a) A medical practitioner may recommend medical cannabis to a
563	563	qualifying patient if the medical practitioner attests through
564	564	written certification that, in the medical practitioner's
565	565	professional opinion:
566	566	(1) the diagnosis of a debilitating medical condition
567	567	for the qualifying patient is correct;
568	568	(2) the qualifying patient is likely to receive
569	569	therapeutic or palliative benefit from the medical use of medical
570	570	cannabis to treat or alleviate the patient's debilitating medical
571	571	condition; and
572	572	(3) the potential benefits to the qualifying patient
573	573	of medical use outweigh the health risks of medical use.
574	574	(b) The written certification described by Subsection (a)
575	575	must:
576	576	(1) be dated and signed by the medical practitioner;
577	577	(2) specify the qualifying patient's debilitating
578	578	medical condition; and
579	579	(3) affirm that medical use was recommended in the
580	580	course of a bona fide practitioner-patient relationship between the
581	581	qualifying patient and the medical practitioner [Only a physician
582	582	qualified as provided by this section may prescribe low-THC
583	583	cannabis in accordance with this chapter.
584	584	[(b) A physician is qualified to prescribe low-THC cannabis
585	585	to a patient with intractable epilepsy if the physician:
586	586	[(1) is licensed under this subtitle;
587	587	[(2) dedicates a significant portion of clinical
588	588	practice to the evaluation and treatment of epilepsy; and
589	589	[(3) is certified:
590	590	[(A) by the American Board of Psychiatry and
591	591	Neurology in:
592	592	[(i) epilepsy; or
593	593	[(ii) neurology or neurology with special
594	594	qualification in child neurology and is otherwise qualified for the
595	595	examination for certification in epilepsy; or
596	596	[(B) in neurophysiology by:
597	597	[(i) the American Board of Psychiatry and
598	598	Neurology; or
599	599	[(ii) the American Board of Clinical
600	600	Neurophysiology].
601	601	Sec. 169.004. [LOW-THC CANNABIS PRESCRIBER] REGISTRATION
602	602	OF RECOMMENDING MEDICAL PRACTITIONERS. Before a medical
603	603	practitioner [physician qualified to prescribe low-THC cannabis
604	604	under Section 169.002] may recommend medical use [prescribe or
605	605	renew a prescription for low-THC cannabis] for a qualifying patient
606	606	under this chapter, the practitioner [physician] must register as
607	607	the recommending medical practitioner [prescriber] for that
608	608	patient in the compassionate-use registry maintained by the
609	609	department under Section 487.054, Health and Safety Code. The
610	610	medical practitioner's [physician's] registration must indicate:
611	611	(1) the medical practitioner's [physician's] name; and
612	612	(2) the qualifying patient's name and date of birth[;
613	613	[(3) the dosage prescribed to the patient;
614	614	[(4) the means of administration ordered for the
615	615	patient; and
616	616	[(5) the total amount of low-THC cannabis required to
617	617	fill the patient's prescription].
618	618	SECTION 23. Section 551.004, Occupations Code, is amended
619	619	by amending Subsection (a) and adding Subsection (a-1) to read as
620	620	follows:
621	621	(a) This subtitle does not apply to:
622	622	(1) a practitioner licensed by the appropriate state
623	623	board who supplies a patient of the practitioner with a drug in a
624	624	manner authorized by state or federal law and who does not operate a
625	625	pharmacy for the retailing of prescription drugs;
626	626	(2) a member of the faculty of a college of pharmacy
627	627	recognized by the board who is a pharmacist and who performs the
628	628	pharmacist's services only for the benefit of the college;
629	629	(3) a person who procures prescription drugs for
630	630	lawful research, teaching, or testing and not for resale;
631	631	(4) a home and community support services agency that
632	632	possesses a dangerous drug as authorized by Section 142.0061,
633	633	142.0062, or 142.0063, Health and Safety Code; or
634	634	(5) a dispensing organization[, as defined by Section
635	635	487.001, Health and Safety Code,] that cultivates, processes, and
636	636	dispenses medical [low-THC] cannabis, as authorized by Chapter 487,
637	637	Health and Safety Code, to a cardholder or nonresident cardholder
638	638	[patient listed in the compassionate-use registry established
639	639	under that chapter].
640	640	(a-1) For purposes of Subsection (a)(5), "cardholder,"
641	641	"dispensing organization," and "nonresident cardholder" have the
642	642	meanings assigned by Section 487.001, Health and Safety Code.
643	643	SECTION 24. Sections 169.003 and 169.005, Occupations Code,
644	644	are repealed.
645	645	SECTION 25. Not later than October 1, 2019, the public
646	646	safety director of the Department of Public Safety shall adopt
647	647	rules as required to implement, administer, and enforce Chapter
648	648	487, Health and Safety Code, as amended by this Act, including rules
649	649	relating to adopting an application for a registry identification
650	650	card, as required by Section 487.056, Health and Safety Code, as
651	651	added by this Act.
652	652	SECTION 26. (a) A license to operate as a dispensing
653	653	organization issued under Chapter 487, Health and Safety Code,
654	654	before the effective date of this Act continues to be valid after
655	655	the effective date of this Act until that license expires.
656	656	(b) The registration of a director, manager, or employee of
657	657	a dispensing organization under Subchapter D, Chapter 487, Health
658	658	and Safety Code, continues to be valid after the effective date of
659	659	this Act until that registration expires.
660	660	(c) As soon as practicable after the effective date of this
661	661	Act, the Department of Public Safety shall issue compassionate-use
662	662	registry cards to all individuals listed on that registry on the
663	663	effective date of this Act.
664	664	SECTION 27. This Act takes effect immediately if it
665	665	receives a vote of two-thirds of all the members elected to each
666	666	house, as provided by Section 39, Article III, Texas Constitution.
667	667	If this Act does not receive the vote necessary for immediate
668	668	effect, this Act takes effect September 1, 2019.