Texas 2021 - 87th Regular

Texas House Bill HB43 Compare Versions

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

Old	New	Differences
1	1	87R113 JSC-D
2	2	By: Dominguez H.B. No. 43
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 patients with certain eligible medical conditions
10	10	and the licensing of dispensing organizations; changing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. CHANGES TO CHAPTER 169, OCCUPATIONS CODE
13	13	SECTION 1.01. The heading to Chapter 169, Occupations Code,
14	14	is amended to read as follows:
15	15	CHAPTER 169. AUTHORITY TO PRESCRIBE MEDICAL [LOW-THC] CANNABIS TO
16	16	CERTAIN PATIENTS FOR COMPASSIONATE USE
17	17	SECTION 1.02. Section 169.001, Occupations Code, is amended
18	18	by adding Subdivision (2) and amending Subdivisions (3) and (4) to
19	19	read as follows:
20	20	(2) "Eligible medical condition" means any medical
21	21	condition for which a physician determines that medical cannabis is
22	22	a medically necessary treatment.
23	23	(3) "Medical ["Low-THC] cannabis" means the plant
24	24	Cannabis sativa L., and any part of that plant or any compound,
25	25	manufacture, salt, derivative, mixture, preparation, resin, or oil
26	26	of that plant [that contains not more than 0.5 percent by weight of
27	27	tetrahydrocannabinols].
28	28	(4) "Medical use" means the ingestion by a means of
29	29	administration other than by smoking of a prescribed amount of
30	30	medical [low-THC] cannabis by a person for whom medical [low-THC]
31	31	cannabis is prescribed under this chapter.
32	32	SECTION 1.03. Section 169.0011, Occupations Code, is
33	33	amended to read as follows:
34	34	Sec. 169.0011. PRESCRIPTION FOR MEDICAL USE. A reference
35	35	in this chapter, Chapter 487, Health and Safety Code, or other law
36	36	to a prescription for medical use or a prescription for medical
37	37	[low-THC] cannabis means an entry in the compassionate-use registry
38	38	established under Section 487.054, Health and Safety Code.
39	39	SECTION 1.04. Section 169.003, Occupations Code, is amended
40	40	to read as follows:
41	41	Sec. 169.003. PRESCRIPTION OF MEDICAL [LOW-THC] CANNABIS.
42	42	A physician [described by Section 169.002] may prescribe medical
43	43	[low-THC] cannabis to a patient if:
44	44	(1) the patient is a permanent resident of the state;
45	45	(2) the physician complies with the registration
46	46	requirements of Section 169.004; and
47	47	(3) the physician certifies to the department that:
48	48	(A) the patient is diagnosed with an eligible
49	49	medical condition [:
50	50	[(i) epilepsy;
51	51	[(ii) a seizure disorder;
52	52	[(iii) multiple sclerosis;
53	53	[(iv) spasticity;
54	54	[(v) amyotrophic lateral sclerosis;
55	55	[(vi) autism;
56	56	[(vii) terminal cancer; or
57	57	[(viii) an incurable neurodegenerative
58	58	disease]; and
59	59	(B) the physician determines the risk of [the]
60	60	medical use [of low-THC cannabis] by the patient is reasonable in
61	61	light of the potential benefit for the patient.
62	62	SECTION 1.05. The heading to Section 169.004, Occupations
63	63	Code, is amended to read as follows:
64	64	Sec. 169.004. MEDICAL [LOW-THC] CANNABIS PRESCRIBER
65	65	REGISTRATION.
66	66	SECTION 1.06. Section 169.004(a), Occupations Code, is
67	67	amended to read as follows:
68	68	(a) Before a physician [qualified to prescribe low-THC
69	69	cannabis under Section 169.002] may prescribe or renew a
70	70	prescription for medical [low-THC] cannabis for a patient under
71	71	this chapter, the physician must register as the prescriber for
72	72	that patient in the compassionate-use registry maintained by the
73	73	department under Section 487.054, Health and Safety Code. The
74	74	physician's registration must indicate:
75	75	(1) the physician's name;
76	76	(2) the patient's name and date of birth;
77	77	(3) the nature of the patient's eligible medical
78	78	condition;
79	79	(4) the dosage prescribed to the patient;
80	80	(5) [(4)] the means of administration ordered for the
81	81	patient; and
82	82	(6) [(5)] the total amount of medical [low-THC]
83	83	cannabis required to fill the patient's prescription.
84	84	SECTION 1.07. Section 169.005, Occupations Code, is amended
85	85	to read as follows:
86	86	Sec. 169.005. PATIENT TREATMENT PLAN. A physician
87	87	[described by Section 169.002] who prescribes medical [low-THC]
88	88	cannabis for a patient's medical use under this chapter must
89	89	maintain a patient treatment plan that indicates:
90	90	(1) the dosage, means of administration, and planned
91	91	duration of treatment for the medical [low-THC] cannabis;
92	92	(2) a plan for monitoring the patient's symptoms; and
93	93	(3) a plan for monitoring indicators of tolerance or
94	94	reaction to medical [low-THC] cannabis.
95	95	SECTION 1.08. The following provisions are repealed:
96	96	(1) Sections 169.001(1-a) and (6), Occupations Code;
97	97	and
98	98	(2) Section 169.002, Occupations Code.
99	99	ARTICLE 2. CHANGES TO CHAPTER 487, HEALTH AND SAFETY CODE
100	100	SECTION 2.01. Section 487.001, Health and Safety Code, is
101	101	amended by amending Subdivision (3) and adding Subdivision (3-a) to
102	102	read as follows:
103	103	(3) "Dispensing organization" means an organization
104	104	licensed by the department to cultivate, process, and dispense
105	105	medical [low-THC] cannabis to a patient for whom medical [low-THC]
106	106	cannabis is prescribed under Chapter 169, Occupations Code.
107	107	(3-a) "Eligible medical condition" and "medical
108	108	cannabis" have the meanings assigned by Section 169.001,
109	109	Occupations Code.
110	110	SECTION 2.02. Section 487.052, Health and Safety Code, is
111	111	amended to read as follows:
112	112	Sec. 487.052. RULES. (a) The director shall adopt any rules
113	113	necessary for the administration and enforcement of this chapter,
114	114	including rules imposing fees under this chapter in amounts
115	115	sufficient to cover the cost of administering this chapter.
116	116	(b) The fees adopted under Subsection (a) may not exceed
117	117	$30,000 for the issuance or renewal of a license.
118	118	SECTION 2.03. Section 487.054, Health and Safety Code, is
119	119	amended to read as follows:
120	120	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
121	121	department shall establish and maintain a secure online
122	122	compassionate-use registry that contains:
123	123	(1) the name of each physician who registers as the
124	124	prescriber for a patient under Section 169.004, Occupations Code,
125	125	and for each patient for whom the physician has registered as the
126	126	prescriber:
127	127	(A) the patient's name;
128	128	(B) the patient's [and] date of birth;
129	129	(C) the nature of the patient's eligible medical
130	130	condition;
131	131	(D) [of the patient,] the dosage prescribed;
132	132	(E) [,] the means of administration ordered;[,]
133	133	and
134	134	(F) the total amount of medical [low-THC]
135	135	cannabis required to fill the patient's prescription; and
136	136	(2) a record of each amount of medical [low-THC]
137	137	cannabis dispensed by a dispensing organization to a patient under
138	138	a prescription.
139	139	(b) The department shall ensure the registry:
140	140	(1) is designed to prevent more than one qualified
141	141	physician from registering as the prescriber for a single patient;
142	142	(2) is accessible to law enforcement agencies and
143	143	dispensing organizations for the purpose of verifying whether a
144	144	patient is one for whom medical [low-THC] cannabis is prescribed
145	145	and whether the patient's prescriptions have been filled; and
146	146	(3) allows a physician [qualified to prescribe low-THC
147	147	cannabis under Section 169.002, Occupations Code,] to input safety
148	148	and efficacy data derived from the treatment of patients for whom
149	149	medical [low-THC] cannabis is prescribed under Chapter 169,
150	150	Occupations Code.
151	151	SECTION 2.04. Section 487.102, Health and Safety Code, is
152	152	amended to read as follows:
153	153	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
154	154	license to operate as a dispensing organization is eligible for the
155	155	license if:
156	156	(1) as determined by the department, the applicant
157	157	possesses:
158	158	(A) the technical and technological ability to
159	159	cultivate and produce medical [low-THC] cannabis;
160	160	(B) the ability to secure:
161	161	(i) the resources and personnel necessary
162	162	to operate as a dispensing organization; and
163	163	(ii) premises reasonably located to allow
164	164	patients listed on the compassionate-use registry access to the
165	165	organization through existing infrastructure;
166	166	(C) the ability to maintain accountability for
167	167	the raw materials, the finished product, and any by-products used
168	168	or produced in the cultivation or production of medical [low-THC]
169	169	cannabis to prevent unlawful access to or unlawful diversion or
170	170	possession of those materials, products, or by-products; and
171	171	(D) the financial ability to maintain operations
172	172	for not less than two years from the date of application;
173	173	(2) each director, manager, or employee of the
174	174	applicant is registered under Subchapter D; and
175	175	(3) the applicant satisfies any additional criteria
176	176	determined by the director to be necessary to safely implement this
177	177	chapter.
178	178	SECTION 2.05. Section 487.104(a), Health and Safety Code,
179	179	is amended to read as follows:
180	180	(a) The department shall issue or renew a license for each
181	181	[to operate as a dispensing organization only if:
182	182	[(1) the department determines the] applicant that
183	183	meets the eligibility requirements described by Section 487.102[;
184	184	and
185	185	[(2) issuance or renewal of the license is necessary
186	186	to ensure reasonable statewide access to, and the availability of,
187	187	low-THC cannabis for patients registered in the compassionate-use
188	188	registry and for whom low-THC cannabis is prescribed under Chapter
189	189	169, Occupations Code].
190	190	SECTION 2.06. Section 487.107, Health and Safety Code, is
191	191	amended to read as follows:
192	192	Sec. 487.107. DUTIES RELATING TO DISPENSING PRESCRIPTION.
193	193	(a) Before dispensing medical [low-THC] cannabis to a person for
194	194	whom the medical [low-THC] cannabis is prescribed under Chapter
195	195	169, Occupations Code, the dispensing organization must verify that
196	196	the prescription presented:
197	197	(1) is for a person listed as a patient in the
198	198	compassionate-use registry;
199	199	(2) matches the entry in the compassionate-use
200	200	registry with respect to the total amount of medical [low-THC]
201	201	cannabis required to fill the prescription; and
202	202	(3) has not previously been filled by a dispensing
203	203	organization as indicated by an entry in the compassionate-use
204	204	registry.
205	205	(b) After dispensing medical [low-THC] cannabis to a
206	206	patient for whom the medical [low-THC] cannabis is prescribed under
207	207	Chapter 169, Occupations Code, the dispensing organization shall
208	208	record in the compassionate-use registry the form and quantity of
209	209	medical [low-THC] cannabis dispensed and the date and time of
210	210	dispensation.
211	211	SECTION 2.07. Section 487.108(c), Health and Safety Code,
212	212	is amended to read as follows:
213	213	(c) After suspending or revoking a license issued under this
214	214	chapter, the director may seize or place under seal all medical
215	215	[low-THC] cannabis and drug paraphernalia owned or possessed by the
216	216	dispensing organization. If the director orders the revocation of
217	217	the license, a disposition may not be made of the seized or sealed
218	218	medical [low-THC] cannabis or drug paraphernalia until the time for
219	219	administrative appeal of the order has elapsed or until all appeals
220	220	have been concluded. When a revocation order becomes final, all
221	221	medical [low-THC] cannabis and drug paraphernalia may be forfeited
222	222	to the state as provided under Subchapter E, Chapter 481.
223	223	SECTION 2.08. Section 487.201, Health and Safety Code, is
224	224	amended to read as follows:
225	225	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
226	226	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
227	227	political subdivision may not enact, adopt, or enforce a rule,
228	228	ordinance, order, resolution, or other regulation that prohibits
229	229	the cultivation, production, dispensing, or possession of medical
230	230	[low-THC] cannabis, as authorized by this chapter.
231	231	SECTION 2.09. Section 487.001(4), Health and Safety Code,
232	232	is repealed.
233	233	ARTICLE 3. CONFORMING CHANGES
234	234	SECTION 3.01. Section 161.001(c), Family Code, is amended
235	235	to read as follows:
236	236	(c) A court may not make a finding under Subsection (b) and
237	237	order termination of the parent-child relationship based on
238	238	evidence that the parent:
239	239	(1) homeschooled the child;
240	240	(2) is economically disadvantaged;
241	241	(3) has been charged with a nonviolent misdemeanor
242	242	offense other than:
243	243	(A) an offense under Title 5, Penal Code;
244	244	(B) an offense under Title 6, Penal Code; or
245	245	(C) an offense that involves family violence, as
246	246	defined by Section 71.004 of this code;
247	247	(4) provided or administered medical [low-THC]
248	248	cannabis to a child for whom the medical [low-THC] cannabis was
249	249	prescribed under Chapter 169, Occupations Code; or
250	250	(5) declined immunization for the child for reasons of
251	251	conscience, including a religious belief.
252	252	SECTION 3.02. Section 262.116(a), Family Code, is amended
253	253	to read as follows:
254	254	(a) The Department of Family and Protective Services may not
255	255	take possession of a child under this subchapter based on evidence
256	256	that the parent:
257	257	(1) homeschooled the child;
258	258	(2) is economically disadvantaged;
259	259	(3) has been charged with a nonviolent misdemeanor
260	260	offense other than:
261	261	(A) an offense under Title 5, Penal Code;
262	262	(B) an offense under Title 6, Penal Code; or
263	263	(C) an offense that involves family violence, as
264	264	defined by Section 71.004 of this code;
265	265	(4) provided or administered medical [low-THC]
266	266	cannabis to a child for whom the medical [low-THC] cannabis was
267	267	prescribed under Chapter 169, Occupations Code; or
268	268	(5) declined immunization for the child for reasons of
269	269	conscience, including a religious belief.
270	270	SECTION 3.03. Section 443.202(a), Health and Safety Code,
271	271	is amended to read as follows:
272	272	(a) This section does not apply to medical [low-THC]
273	273	cannabis regulated under Chapter 487.
274	274	SECTION 3.04. Section 443.2025(a), Health and Safety Code,
275	275	is amended to read as follows:
276	276	(a) This section does not apply to medical [low-THC]
277	277	cannabis regulated under Chapter 487.
278	278	SECTION 3.05. Section 481.062(a), Health and Safety Code,
279	279	is amended to read as follows:
280	280	(a) The following persons may possess a controlled
281	281	substance under this chapter without registering with the Federal
282	282	Drug Enforcement Administration:
283	283	(1) an agent or employee of a manufacturer,
284	284	distributor, analyzer, or dispenser of the controlled substance who
285	285	is registered with the Federal Drug Enforcement Administration and
286	286	acting in the usual course of business or employment;
287	287	(2) a common or contract carrier, a warehouseman, or
288	288	an employee of a carrier or warehouseman whose possession of the
289	289	controlled substance is in the usual course of business or
290	290	employment;
291	291	(3) an ultimate user or a person in possession of the
292	292	controlled substance under a lawful order of a practitioner or in
293	293	lawful possession of the controlled substance if it is listed in
294	294	Schedule V;
295	295	(4) an officer or employee of this state, another
296	296	state, a political subdivision of this state or another state, or
297	297	the United States who is lawfully engaged in the enforcement of a
298	298	law relating to a controlled substance or drug or to a customs law
299	299	and authorized to possess the controlled substance in the discharge
300	300	of the person's official duties;
301	301	(5) if the substance is tetrahydrocannabinol or one of
302	302	its derivatives:
303	303	(A) a Department of State Health Services
304	304	official, a medical school researcher, or a research program
305	305	participant possessing the substance as authorized under
306	306	Subchapter G; or
307	307	(B) a practitioner or an ultimate user possessing
308	308	the substance as a participant in a federally approved therapeutic
309	309	research program that the commissioner has reviewed and found, in
310	310	writing, to contain a medically responsible research protocol; or
311	311	(6) a dispensing organization licensed under
312	312	Subchapter C, Chapter 487, that possesses medical [low-THC]
313	313	cannabis.
314	314	SECTION 3.06. Section 481.111(e), Health and Safety Code,
315	315	is amended to read as follows:
316	316	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
317	317	apply to a person who engages in the acquisition, possession,
318	318	production, cultivation, delivery, or disposal of a raw material
319	319	used in or by-product created by the production or cultivation of
320	320	medical [low-THC] cannabis if the person:
321	321	(1) for an offense involving possession only of
322	322	marihuana or drug paraphernalia:
323	323	(A) [,] is a patient for whom medical [low-THC]
324	324	cannabis is prescribed under Chapter 169, Occupations Code, or the
325	325	patient's legal guardian;[,] and
326	326	(B) [the person] possesses medical [low-THC]
327	327	cannabis obtained under a valid prescription from a dispensing
328	328	organization; or
329	329	(2) is a director, manager, or employee of a
330	330	dispensing organization and the person, solely in performing the
331	331	person's regular duties at the organization, acquires, possesses,
332	332	produces, cultivates, dispenses, or disposes of:
333	333	(A) in reasonable quantities, any medical
334	334	[low-THC] cannabis or raw materials used in or by-products created
335	335	by the production or cultivation of medical [low-THC] cannabis; or
336	336	(B) any drug paraphernalia used in the
337	337	acquisition, possession, production, cultivation, delivery, or
338	338	disposal of medical [low-THC] cannabis.
339	339	SECTION 3.07. Section 481.111(f)(2), Health and Safety
340	340	Code, is amended to read as follows:
341	341	(2) "Medical cannabis" ["Low-THC cannabis"] has the
342	342	meaning assigned by Section 169.001, Occupations Code.
343	343	SECTION 3.08. Section 551.004(a), Occupations Code, is
344	344	amended to read as follows:
345	345	(a) This subtitle does not apply to:
346	346	(1) a practitioner licensed by the appropriate state
347	347	board who supplies a patient of the practitioner with a drug in a
348	348	manner authorized by state or federal law and who does not operate a
349	349	pharmacy for the retailing of prescription drugs;
350	350	(2) a member of the faculty of a college of pharmacy
351	351	recognized by the board who is a pharmacist and who performs the
352	352	pharmacist's services only for the benefit of the college;
353	353	(3) a person who procures prescription drugs for
354	354	lawful research, teaching, or testing and not for resale;
355	355	(4) a home and community support services agency that
356	356	possesses a dangerous drug as authorized by Section 142.0061,
357	357	142.0062, or 142.0063, Health and Safety Code; or
358	358	(5) a dispensing organization, as defined by Section
359	359	487.001, Health and Safety Code, that cultivates, processes, and
360	360	dispenses medical [low-THC] cannabis, as authorized by a license
361	361	issued under Subchapter C, Chapter 487, Health and Safety Code, to a
362	362	patient listed in the compassionate-use registry established under
363	363	that chapter.
364	364	ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
365	365	SECTION 4.01. Not later than October 1, 2021, the public
366	366	safety director of the Department of Public Safety shall adopt
367	367	rules as required to implement, administer, and enforce Chapter
368	368	487, Health and Safety Code, as amended by this Act.
369	369	SECTION 4.02. (a) A license to operate as a dispensing
370	370	organization issued under Chapter 487, Health and Safety Code,
371	371	before the effective date of this Act continues to be valid after
372	372	the effective date of this Act until that license expires.
373	373	(b) The registration of a director, manager, or employee of
374	374	a dispensing organization under Subchapter D, Chapter 487, Health
375	375	and Safety Code, continues to be valid after the effective date of
376	376	this Act until that registration expires.
377	377	SECTION 4.03. This Act takes effect September 1, 2021.