Texas 2021 - 87th Regular

Texas House Bill HB1109 Compare Versions

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

Old	New	Differences
1	1	87R3691 JSC-D
2	2	By: Dominguez H.B. No. 1109
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of medical cannabis by veterans for
8	8	post-traumatic stress disorder and the licensing of associated
9	9	cultivating or dispensing organizations; authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
12	12	amended by adding Chapter 487A to read as follows:
13	13	CHAPTER 487A. MEDICAL CANNABIS FOR CERTAIN VETERANS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 487A.001. DEFINITIONS. In this chapter:
16	16	(1) "Commission" means the Health and Human Services
17	17	Commission.
18	18	(2) "Cultivating or dispensing facility" means a
19	19	facility that:
20	20	(A) cultivates, processes, manufactures, or
21	21	dispenses medical cannabis under this chapter; and
22	22	(B) is owned or operated by a cultivating or
23	23	dispensing organization licensed under Subchapter C.
24	24	(3) "Cultivating or dispensing organization" means an
25	25	organization that cultivates, processes, manufactures, or
26	26	dispenses medical cannabis under this chapter.
27	27	(4) "Executive commissioner" means the executive
28	28	commissioner of the Health and Human Services Commission.
29	29	(5) "Historically underutilized business" has the
30	30	meaning assigned by Section 2161.001, Government Code.
31	31	(6) "Medical cannabis" means the plant Cannabis sativa
32	32	L. and any part of that plant or any compound, manufacture, salt,
33	33	derivative, mixture, preparation, resin, or oil of that plant.
34	34	(7) "Post-traumatic stress disorder" means a disorder
35	35	that:
36	36	(A) meets the diagnostic criteria for
37	37	posttraumatic stress disorder specified by the American
38	38	Psychiatric Association in the Diagnostic and Statistical Manual of
39	39	Mental Disorders, fifth edition, or a later edition adopted by the
40	40	executive commissioner; and
41	41	(B) results in an impairment of a person's
42	42	functioning in the person's community, employment, family, school,
43	43	or social group.
44	44	(8) "Psychoactive medication" means a medication that
45	45	is prescribed for the treatment of symptoms of psychosis or other
46	46	severe mental or emotional disorders and that is used to exercise an
47	47	effect on the central nervous system to influence and modify
48	48	behavior, cognition, or affective state when treating the symptoms
49	49	of mental illness. The term includes the following categories when
50	50	used as described by this subdivision:
51	51	(A) antipsychotics or neuroleptics;
52	52	(B) antidepressants;
53	53	(C) agents for control of mania or depression;
54	54	(D) antianxiety agents;
55	55	(E) sedatives, hypnotics, or other
56	56	sleep-promoting drugs; and
57	57	(F) psychomotor stimulants.
58	58	(9) "Veteran" means an individual who has served in:
59	59	(A) the army, navy, air force, coast guard, or
60	60	marine corps of the United States;
61	61	(B) the state military forces, as defined by
62	62	Section 431.001, Government Code; or
63	63	(C) a reserve component of the armed forces of
64	64	the United States.
65	65	Sec. 487A.002. ADMINISTRATION BY COMMISSION; RULES. (a)
66	66	The commission shall administer this chapter.
67	67	(b) The executive commissioner shall adopt any rules
68	68	necessary for the administration and enforcement of this chapter.
69	69	SUBCHAPTER B. PURCHASE OF MEDICAL CANNABIS
70	70	Sec. 487A.051. ELIGIBILITY; PURCHASER PERMIT REQUIRED. A
71	71	veteran suffering from post-traumatic stress disorder is eligible
72	72	to purchase medical cannabis from a cultivating or dispensing
73	73	facility if the veteran is issued a purchaser permit under this
74	74	subchapter.
75	75	Sec. 487A.052. APPLICATION. A veteran may apply to the
76	76	commission for a purchaser permit by submitting a completed
77	77	application form as prescribed by the commission and:
78	78	(1) proof of the veteran's military service; and
79	79	(2) proof of the veteran's post-traumatic stress
80	80	disorder, including:
81	81	(A) a written diagnosis from a physician;
82	82	(B) the veteran's current prescription for a
83	83	psychoactive medication; or
84	84	(C) any other proof acceptable to the commission
85	85	as provided by rule of the executive commissioner.
86	86	Sec. 487A.053. ISSUANCE OF PERMIT. The commission shall
87	87	issue a purchaser permit to a veteran who submits an application
88	88	under Section 487A.052 if the commission determines that the
89	89	veteran is eligible for the permit.
90	90	SUBCHAPTER C. CULTIVATING OR DISPENSING ORGANIZATION
91	91	Sec. 487A.101. LICENSE REQUIRED. A cultivating or
92	92	dispensing organization may not cultivate, process, or dispense
93	93	medical cannabis for purposes of this chapter without a license
94	94	issued under this subchapter.
95	95	Sec. 487A.102. ELIGIBILITY FOR LICENSE. To qualify for a
96	96	license under this subchapter, a cultivating or dispensing
97	97	organization must:
98	98	(1) for the purposes of research described by Section
99	99	487A.103, have entered into a partnership with:
100	100	(A) a health system that owns or operates a
101	101	health care facility with at least 200 beds;
102	102	(B) a public university in this state; or
103	103	(C) a registered clinical research organization;
104	104	(2) have sufficient net cash assets to ensure
105	105	financial stability and continued operations;
106	106	(3) have sufficient documented experience in the
107	107	cultivation, extraction, manufacturing, or dispensing of cannabis
108	108	in a jurisdiction in which cannabis is legal; and
109	109	(4) demonstrate experience in extraction and
110	110	refinement of medical cannabis to create products in tightly
111	111	controlled ratios of tetrahydrocannabinol and cannabidiol.
112	112	Sec. 487A.103. MEDICAL CANNABIS RESEARCH. (a) To maintain
113	113	eligibility for a license under this subchapter, a cultivating or
114	114	dispensing organization in conjunction with the other entity in a
115	115	partnership described by Section 487A.102(1) shall conduct
116	116	research on a continual basis to determine the potential risks and
117	117	benefits of medical cannabis as a treatment for post-traumatic
118	118	stress disorder.
119	119	(b) A cultivating or dispensing organization shall use the
120	120	research conducted under Subsection (a) to provide the optimal
121	121	ratios of tetrahydrocannabinol and cannabidiol for the treatment of
122	122	post-traumatic stress disorder.
123	123	(c) The cultivating or dispensing organization shall make
124	124	the findings, conclusions, data, and methodology of the research
125	125	conducted under Subsection (a) available for peer review.
126	126	Sec. 487A.104. LICENSE APPLICATION. (a) An eligible
127	127	cultivating or dispensing organization may apply for a license
128	128	under this subchapter by submitting an application, in the form
129	129	provided by the commission, along with the application fee
130	130	prescribed by Section 487A.111.
131	131	(b) The application must:
132	132	(1) contain:
133	133	(A) the name and address of the applicant; and
134	134	(B) the name and address of each member of the
135	135	applicant's governing authority, as defined by Section 1.002,
136	136	Business Organizations Code;
137	137	(2) include a plan to hire a workforce for its
138	138	cultivating or dispensing facilities that, to the extent possible,
139	139	is composed of at least 33 percent veterans;
140	140	(3) include a plan to use technology and processes to
141	141	minimize water and electricity uses by the applicant's cannabis
142	142	cultivating and processing facilities while maintaining the
143	143	production of high quality medical cannabis;
144	144	(4) contain a detailed explanation of the applicant's
145	145	capability to cultivate and manufacture a sufficient amount of
146	146	quality-controlled medical cannabis to support the qualifying
147	147	veteran base in this state; and
148	148	(5) contain any other information considered
149	149	necessary by the commission to determine the applicant's
150	150	eligibility for the license.
151	151	Sec. 487A.105. CRIMINAL HISTORY BACKGROUND CHECK. (a) An
152	152	applicant for the issuance or renewal of a license under this
153	153	subchapter shall provide to the Department of Public Safety the
154	154	applicant's name and the name of:
155	155	(1) each person who has a 20 percent equity interest in
156	156	the applicant; and
157	157	(2) each employee or prospective employee of each of
158	158	the applicant's cultivating or dispensing facilities.
159	159	(b) The Department of Public Safety shall conduct a criminal
160	160	history background check on each individual whose name is provided
161	161	to the department under Subsection (a). The public safety director
162	162	of the Department of Public Safety by rule shall:
163	163	(1) require each individual whose name is provided to
164	164	the department under Subsection (a) to submit a complete set of
165	165	fingerprints to the department on a form prescribed by the
166	166	department for purposes of a criminal history background check
167	167	under this section; and
168	168	(2) establish criteria for determining whether an
169	169	individual passes the criminal history background check for the
170	170	purposes of this section.
171	171	(c) After conducting a criminal history background check
172	172	under this section, the Department of Public Safety shall notify
173	173	the commission and the applicant organization or relevant facility
174	174	of the organization and the individual who is the subject of the
175	175	criminal history background check as to whether the individual
176	176	passed the criminal history background check.
177	177	Sec. 487A.106. APPROVAL OR DENIAL OF APPLICATION. (a) The
178	178	commission shall approve the application and issue to the applicant
179	179	a license under this subchapter if the commission determines that:
180	180	(1) the applicant meets the eligibility requirements
181	181	of Section 487A.102;
182	182	(2) the applicant satisfies any additional criteria
183	183	determined by the commission to be necessary to implement this
184	184	chapter; and
185	185	(3) issuance of the license is necessary to ensure
186	186	reasonable statewide access to, and the availability of, medical
187	187	cannabis for qualifying veterans under Subchapter B.
188	188	(b) The commission shall approve or deny the application not
189	189	later than the 120th day after the date of the filing of a completed
190	190	application with payment of the required fees under Section
191	191	487A.111.
192	192	(c) If the commission denies the application, the
193	193	commission shall notify the applicant.
194	194	(d) An applicant whose application is denied is entitled to
195	195	a hearing. Chapter 2001, Government Code, applies to a hearing
196	196	under this section.
197	197	Sec. 487A.107. ORGANIZATION PREFERENCES. The commission
198	198	shall give preference to historically underutilized businesses in
199	199	the issuance or renewal of licenses under this subchapter.
200	200	Sec. 487A.108. COMMENCEMENT OF OPERATIONS ON APPROVAL OF
201	201	APPLICATION. If an organization's application is approved, a
202	202	cultivating or dispensing facility owned or operated by the
203	203	organization shall commence operations in this state not later than
204	204	the 270th day after the date of the approval.
205	205	Sec. 487A.109. DUTY TO MAINTAIN ELIGIBILITY. Each license
206	206	holder under this subchapter must maintain compliance at all times
207	207	with the eligibility requirements of Section 487A.102 and continue
208	208	to perform the research required under Section 487A.103.
209	209	Sec. 487A.110. TERM OF LICENSE; RENEWAL. (a) A license
210	210	issued or renewed under this subchapter expires on the second
211	211	anniversary of the date of issuance or renewal, as applicable.
212	212	(b) A license holder may apply for renewal of a license as
213	213	prescribed by rule of the executive commissioner.
214	214	Sec. 487A.111. FEES. The executive commissioner by rule
215	215	shall set application and licensing fees under this subchapter in
216	216	amounts sufficient to cover the cost of administering and enforcing
217	217	this chapter.
218	218	Sec. 487A.112. LICENSE SUSPENSION OR REVOCATION. (a) The
219	219	commission may at any time suspend or revoke a license issued under
220	220	this subchapter if the commission determines that:
221	221	(1) the license holder has not maintained the
222	222	eligibility requirements described by Section 487A.102 or
223	223	continued to perform research as required by Section 487A.103;
224	224	(2) the license holder has failed to comply with this
225	225	chapter or a rule adopted under this chapter; or
226	226	(3) the license holder's cultivating or dispensing
227	227	facility has failed to comply with this chapter or a rule adopted
228	228	under this chapter.
229	229	(b) The commission shall give written notice to the license
230	230	holder of a license suspension or revocation under this section and
231	231	the grounds for the suspension or revocation. The notice must be
232	232	sent by certified mail, return receipt requested.
233	233	(c) An applicant whose license is suspended or revoked is
234	234	entitled to a hearing. Chapter 2001, Government Code, applies to a
235	235	hearing under this section.
236	236	(d) After suspending or revoking a license issued under this
237	237	subchapter, the commission shall notify the public safety director
238	238	of the Department of Public Safety. The director may seize or place
239	239	under seal all medical cannabis and drug paraphernalia owned or
240	240	possessed by the license holder. If the commission orders the
241	241	revocation of the license, a disposition may not be made of the
242	242	seized or sealed medical cannabis or drug paraphernalia until the
243	243	time for administrative appeal of the order has elapsed or until all
244	244	appeals have been concluded. When a revocation order becomes
245	245	final, all medical cannabis and drug paraphernalia may be forfeited
246	246	to the state as provided under Subchapter E, Chapter 481.
247	247	SUBCHAPTER D. CULTIVATING AND MANUFACTURING PRACTICES
248	248	Sec. 487A.151. POTENCY. Each medical cannabis product of a
249	249	cultivating or dispensing facility must consistently test within
250	250	five percent of the stated amount of tetrahydrocannabinol and
251	251	cannabidiol on the label of the product.
252	252	Sec. 487A.152. SAFETY TESTING. (a) Medical cannabis
253	253	products of a cultivating or dispensing facility must be tested for
254	254	harmful substances, including microbials, pesticides, and residual
255	255	solvents.
256	256	(b) The executive commissioner shall consult with the
257	257	Department of Agriculture in adopting rules setting safety
258	258	standards for medical cannabis made available through a dispensary
259	259	under this chapter.
260	260	Sec. 487A.153. GOOD MANUFACTURING PRACTICES. Medical
261	261	cannabis to be dispensed under this chapter must be produced using
262	262	good manufacturing practices, as defined by executive commissioner
263	263	rule.
264	264	SUBCHAPTER E. DISPENSING REGULATIONS
265	265	Sec. 487A.201. FORM OF CANNABIS. (a) Medical cannabis may
266	266	be dispensed to veterans with a purchaser permit under Subchapter B
267	267	only as a pill, patch, oil, or other derivative form that may be
268	268	produced with consistent concentrations of tetrahydrocannabinol
269	269	and cannabidiol.
270	270	(b) Edible cannabis products may not be in shapes or forms
271	271	appealing to children.
272	272	Sec. 487A.202. LABELING. Each product containing medical
273	273	cannabis dispensed under this chapter must bear a label that
274	274	clearly states the concentrations of tetrahydrocannabinol and
275	275	cannabidiol in the product.
276	276	SUBCHAPTER F. REQUIREMENTS FOR LICENSE HOLDERS AND FACILITIES
277	277	Sec. 487A.251. CHARITABLE DONATIONS. A license holder must
278	278	annually donate at least five percent of the license holder's net
279	279	profit to a nonprofit organization that focuses on getting veterans
280	280	access to treatment for post-traumatic stress disorder.
281	281	Sec. 487A.252. LOCATION. A cultivating or dispensing
282	282	facility owned or operated by a license holder may not be located
283	283	within 1,000 feet of a primary or secondary school or day-care
284	284	center that exists on the date of the license holder's initial
285	285	application for licensure under Subchapter C.
286	286	SECTION 2. Section 122.103(c), Agriculture Code, is amended
287	287	to read as follows:
288	288	(c) A qualified applicant who along with the application
289	289	submits proof to the department that the applicant holds a license
290	290	under Chapter 487 or 487A, Health and Safety Code, is not required
291	291	to pay an application fee, and the department shall issue the
292	292	license to the applicant within the time prescribed by Subsection
293	293	(b).
294	294	SECTION 3. Section 411.0891(a), Government Code, is amended
295	295	to read as follows:
296	296	(a) Subject to Section 411.087, the department is
297	297	authorized to obtain and use criminal history record information
298	298	maintained by the Federal Bureau of Investigation or the department
299	299	that relates to a person who:
300	300	(1) is an applicant for or holds a registration issued
301	301	by the director under Subchapter C, Chapter 481, Health and Safety
302	302	Code, that authorizes the person to manufacture, distribute,
303	303	analyze, or conduct research with a controlled substance;
304	304	(2) is an applicant for or holds a registration issued
305	305	by the department under Chapter 487 or 487A, Health and Safety Code,
306	306	to be a director, manager, or employee of a dispensing
307	307	organization, as defined by Section 487.001, Health and Safety
308	308	Code, or a cultivating or dispensing organization, as defined by
309	309	Section 487A.001, Health and Safety Code;
310	310	(3) is an applicant for or holds an authorization
311	311	issued by the department under Section 521.2476, Transportation
312	312	Code, to do business in this state as a vendor of ignition interlock
313	313	devices;
314	314	(4) is an applicant for or holds certification by the
315	315	department as an inspection station or an inspector under
316	316	Subchapter G, Chapter 548, Transportation Code, holds an inspection
317	317	station or inspector certificate issued under that subchapter, or
318	318	is the owner of an inspection station operating under that chapter;
319	319	or
320	320	(5) is an applicant for or holds a certificate of
321	321	registration issued by the department under Chapter 1956,
322	322	Occupations Code, to act as a metal recycling entity.
323	323	SECTION 4. Section 411.502, Government Code, is amended to
324	324	read as follows:
325	325	Sec. 411.502. APPLICABILITY. This subchapter applies to a
326	326	program, and persons regulated under the program, administered by
327	327	the department under the following laws, including rules adopted
328	328	under those laws:
329	329	(1) Section 411.0625;
330	330	(2) Chapter 487, Health and Safety Code;
331	331	(3) Chapter 487A, Health and Safety Code;
332	332	(4) Chapter 1702, Occupations Code;
333	333	(5) [(4)] Chapter 1956, Occupations Code;
334	334	(6) [(5)] Section 521.2476, Transportation Code; and
335	335	(7) [(6)] Subchapter G, Chapter 548, Transportation
336	336	Code.
337	337	SECTION 5. Section 443.202(a), Health and Safety Code, is
338	338	amended to read as follows:
339	339	(a) This section does not apply to low-THC cannabis
340	340	regulated under Chapter 487 or medical cannabis regulated under
341	341	Chapter 487A.
342	342	SECTION 6. Section 443.2025(a), Health and Safety Code, is
343	343	amended to read as follows:
344	344	(a) This section does not apply to low-THC cannabis
345	345	regulated under Chapter 487 or medical cannabis regulated under
346	346	Chapter 487A.
347	347	SECTION 7. Section 481.062(a), Health and Safety Code, is
348	348	amended to read as follows:
349	349	(a) The following persons may possess a controlled
350	350	substance under this chapter without registering with the federal
351	351	[Federal] Drug Enforcement Administration:
352	352	(1) an agent or employee of a manufacturer,
353	353	distributor, analyzer, or dispenser of the controlled substance who
354	354	is registered with the federal [Federal] Drug Enforcement
355	355	Administration and acting in the usual course of business or
356	356	employment;
357	357	(2) a common or contract carrier, a warehouseman, or
358	358	an employee of a carrier or warehouseman whose possession of the
359	359	controlled substance is in the usual course of business or
360	360	employment;
361	361	(3) an ultimate user or a person in possession of the
362	362	controlled substance under a lawful order of a practitioner or in
363	363	lawful possession of the controlled substance if it is listed in
364	364	Schedule V;
365	365	(4) an officer or employee of this state, another
366	366	state, a political subdivision of this state or another state, or
367	367	the United States who is lawfully engaged in the enforcement of a
368	368	law relating to a controlled substance or drug or to a customs law
369	369	and authorized to possess the controlled substance in the discharge
370	370	of the person's official duties;
371	371	(5) if the substance is tetrahydrocannabinol or one of
372	372	its derivatives:
373	373	(A) a Department of State Health Services
374	374	official, a medical school researcher, or a research program
375	375	participant possessing the substance as authorized under
376	376	Subchapter G; or
377	377	(B) a practitioner or an ultimate user possessing
378	378	the substance as a participant in a federally approved therapeutic
379	379	research program that the commissioner has reviewed and found, in
380	380	writing, to contain a medically responsible research protocol; [or]
381	381	(6) a dispensing organization licensed under Chapter
382	382	487 that possesses low-THC cannabis;
383	383	(7) a cultivating or dispensing organization licensed
384	384	under Subchapter C, Chapter 487A, that possesses medical cannabis;
385	385	or
386	386	(8) an entity described by Section 487A.102(1) in
387	387	partnership with a cultivating or dispensing organization licensed
388	388	under Subchapter C, Chapter 487A, that possesses medical cannabis
389	389	for the purpose of research conducted under Section 487A.103.
390	390	SECTION 8. Sections 481.111(e) and (f), Health and Safety
391	391	Code, are amended to read as follows:
392	392	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
393	393	apply to a person who engages in the acquisition, possession,
394	394	production, cultivation, delivery, or disposal of a raw material
395	395	used in or by-product created by the production or cultivation of
396	396	low-THC cannabis or medical cannabis if the person:
397	397	(1) for an offense involving possession only of
398	398	marihuana or drug paraphernalia, is a patient for whom low-THC
399	399	cannabis is prescribed under Chapter 169, Occupations Code, or the
400	400	patient's legal guardian, and the person possesses low-THC cannabis
401	401	obtained under a valid prescription from a dispensing organization;
402	402	[or]
403	403	(2) is a director, manager, or employee of a low-THC
404	404	cannabis dispensing organization and the person, solely in
405	405	performing the person's regular duties at the organization,
406	406	acquires, possesses, produces, cultivates, dispenses, or disposes
407	407	of:
408	408	(A) in reasonable quantities, any low-THC
409	409	cannabis or raw materials used in or by-products created by the
410	410	production or cultivation of low-THC cannabis; or
411	411	(B) any drug paraphernalia used in the
412	412	acquisition, possession, production, cultivation, delivery, or
413	413	disposal of low-THC cannabis;
414	414	(3) for an offense involving possession only of
415	415	marihuana or drug paraphernalia, is a patient who holds a purchaser
416	416	permit under Subchapter B, Chapter 487A;
417	417	(4) is a member of the governing authority, as defined
418	418	by Section 1.002, Business Organizations Code, or a manager or
419	419	employee of a medical cannabis cultivating or dispensing
420	420	organization or facility and the person, solely in performing the
421	421	person's duties at the organization or facility, acquires,
422	422	possesses, produces, cultivates, delivers, or disposes of:
423	423	(A) in reasonable quantities, any medical
424	424	cannabis or raw materials used in or by-products created by the
425	425	production or cultivation of medical cannabis; or
426	426	(B) any drug paraphernalia used in the
427	427	acquisition, possession, production, cultivation, delivery, or
428	428	disposal of medical cannabis; or
429	429	(5) is a person associated with an entity described by
430	430	Section 487A.102(1) in partnership with a medical cannabis
431	431	cultivating or dispensing organization and solely in the
432	432	performance of the person's duties performing research under
433	433	Section 487A.103, the person acquires, possesses, produces,
434	434	cultivates, delivers, or disposes of:
435	435	(A) in reasonable quantities, any medical
436	436	cannabis or raw materials used in or by-products created by the
437	437	production or cultivation of medical cannabis; or
438	438	(B) any drug paraphernalia used in the
439	439	acquisition, possession, production, cultivation, delivery, or
440	440	disposal of medical cannabis.
441	441	(f) For purposes of Subsection (e):
442	442	(1) ["Dispensing organization" has the meaning
443	443	assigned by Section 487.001.
444	444	[(2)] "Low-THC cannabis" has the meaning assigned by
445	445	Section 169.001, Occupations Code.
446	446	(2) "Low-THC cannabis dispensing organization" means
447	447	a dispensing organization as defined by Section 487.001.
448	448	(3) "Medical cannabis" has the meaning assigned by
449	449	Section 487A.001.
450	450	(4) "Medical cannabis cultivating or dispensing
451	451	organization" means an organization licensed under Subchapter C,
452	452	Chapter 487A.
453	453	SECTION 9. Section 551.004, Occupations Code, is amended by
454	454	amending Subsection (a) and adding Subsection (a-1) to read as
455	455	follows:
456	456	(a) This subtitle does not apply to:
457	457	(1) a practitioner licensed by the appropriate state
458	458	board who supplies a patient of the practitioner with a drug in a
459	459	manner authorized by state or federal law and who does not operate a
460	460	pharmacy for the retailing of prescription drugs;
461	461	(2) a member of the faculty of a college of pharmacy
462	462	recognized by the board who is a pharmacist and who performs the
463	463	pharmacist's services only for the benefit of the college;
464	464	(3) a person who procures prescription drugs for
465	465	lawful research, teaching, or testing and not for resale;
466	466	(4) a home and community support services agency that
467	467	possesses a dangerous drug as authorized by Section 142.0061,
468	468	142.0062, or 142.0063, Health and Safety Code; [or]
469	469	(5) a low-THC cannabis dispensing organization[, as
470	470	defined by Section 487.001, Health and Safety Code,] that
471	471	cultivates, processes, and dispenses low-THC cannabis, as
472	472	authorized by a license issued under Subchapter C, Chapter 487,
473	473	Health and Safety Code, to a patient listed in the
474	474	compassionate-use registry established under that chapter; or
475	475	(6) a medical cannabis cultivating or dispensing
476	476	organization that cultivates, manufactures, or dispenses medical
477	477	cannabis, as authorized by a license issued under Subchapter C,
478	478	Chapter 487A, Health and Safety Code, to a patient who holds a
479	479	purchaser permit under Subchapter B of that chapter.
480	480	(a-1) For purposes of Subsections (a)(5) and (6):
481	481	(1) "Low-THC cannabis dispensing organization" means
482	482	a dispensing organization as defined by Section 487.001, Health and
483	483	Safety Code.
484	484	(2) "Medical cannabis cultivating or dispensing
485	485	organization" means an organization licensed under Subchapter C,
486	486	Chapter 487A, Health and Safety Code.
487	487	SECTION 10. Not later than July 1, 2022, the executive
488	488	commissioner of the Health and Human Services Commission shall
489	489	adopt all rules necessary to administer Chapter 487A, Health and
490	490	Safety Code, as added by this Act, and provide copies of
491	491	applications for prospective cultivating or dispensing
492	492	organization licensees.
493	493	SECTION 11. After September 1, 2022, but not later than
494	494	January 1, 2023, the Health and Human Services Commission shall
495	495	begin accepting applications under Chapter 487A, Health and Safety
496	496	Code, as added by this Act.
497	497	SECTION 12. This Act takes effect September 1, 2021.