Texas 2021 - 87th Regular

Texas House Bill HB809 Compare Versions

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

Old	New	Differences
1	1	87R964 GCB-D
2	2	By: Johnson of Dallas H.B. No. 809
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 post-traumatic stress disorder and the
10	10	licensing of medical cannabis dispensing organizations;
11	11	authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
14	14	amended by adding Chapter 487A to read as follows:
15	15	CHAPTER 487A. USE OF CANNABIS FOR MEDICAL PURPOSES
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 487A.001. DEFINITIONS. In this chapter:
18	18	(1) "Department" means the Department of Public
19	19	Safety.
20	20	(2) "Director" means the public safety director of the
21	21	department.
22	22	(3) "Dispensing organization" means an organization
23	23	licensed by the department to cultivate, process, and dispense
24	24	medical cannabis to a patient for whom medical use is recommended
25	25	under Chapter 169A, Occupations Code.
26	26	(4) "Medical cannabis" and "medical use" have the
27	27	meanings assigned by Section 169A.001, Occupations Code.
28	28	SUBCHAPTER B. DUTIES OF DEPARTMENT
29	29	Sec. 487A.051. DUTIES OF DEPARTMENT. The department shall
30	30	administer this chapter.
31	31	Sec. 487A.052. RULES. (a) The director shall adopt any
32	32	rules necessary for the administration and enforcement of this
33	33	chapter.
34	34	(b) The director shall adopt rules imposing fees under this
35	35	chapter in amounts sufficient to cover the cost of administering
36	36	this chapter.
37	37	Sec. 487A.053. LICENSING OF DISPENSING ORGANIZATIONS AND
38	38	REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS. (a) The
39	39	department shall:
40	40	(1) issue or renew a license under Subchapter C to
41	41	operate as a dispensing organization to each applicant who
42	42	satisfies the requirements established under this chapter for
43	43	licensure as a dispensing organization; and
44	44	(2) register directors, managers, and employees under
45	45	Subchapter D of each dispensing organization.
46	46	(b) Subject to Section 411.503, Government Code, the
47	47	department shall enforce compliance of license holders and
48	48	registrants and shall adopt procedures for suspending or revoking a
49	49	license or registration issued under this chapter and for renewing
50	50	a license or registration issued under this chapter.
51	51	Sec. 487A.054. MEDICAL USE REGISTRY. (a) The department
52	52	shall establish and maintain a secure online medical use registry
53	53	that contains:
54	54	(1) the name of each physician who registers as the
55	55	physician recommending medical use for a patient under Section
56	56	169A.003, Occupations Code, and the name and date of birth of the
57	57	patient; and
58	58	(2) the amount of medical cannabis dispensed to each
59	59	patient.
60	60	(b) The department shall ensure the registry:
61	61	(1) is designed to prevent more than one physician
62	62	from registering as the physician recommending medical use for a
63	63	single patient;
64	64	(2) is accessible to law enforcement agencies and
65	65	dispensing organizations for the purpose of verifying whether a
66	66	patient is one for whom medical use is recommended under Chapter
67	67	169A, Occupations Code; and
68	68	(3) allows a physician recommending medical use under
69	69	Chapter 169A, Occupations Code, to input safety and efficacy data
70	70	derived from the treatment of patients for whom medical use is
71	71	recommended.
72	72	SUBCHAPTER C. LICENSING TO OPERATE AS DISPENSING ORGANIZATION
73	73	Sec. 487A.101. LICENSE REQUIRED. A person may not operate
74	74	as a dispensing organization without a license issued by the
75	75	department under this subchapter.
76	76	Sec. 487A.102. ELIGIBILITY FOR LICENSE. An applicant for a
77	77	license to operate as a dispensing organization is eligible for the
78	78	license if:
79	79	(1) as determined by the department, the applicant
80	80	possesses:
81	81	(A) the technical and technological ability to
82	82	cultivate and produce medical cannabis;
83	83	(B) the ability to secure:
84	84	(i) the resources and personnel necessary
85	85	to operate as a dispensing organization; and
86	86	(ii) premises reasonably located to allow
87	87	patients listed on the medical use registry access to the
88	88	organization through existing infrastructure;
89	89	(C) the ability to maintain accountability for
90	90	the raw materials, the finished product, and any by-products used
91	91	or produced in the cultivation or production of medical cannabis to
92	92	prevent unlawful access to or unlawful diversion or possession of
93	93	those materials, products, or by-products; and
94	94	(D) the financial ability to maintain operations
95	95	for not less than two years from the date of application;
96	96	(2) each director, manager, or employee of the
97	97	applicant is registered under Subchapter D; and
98	98	(3) the applicant satisfies any additional criteria
99	99	determined by the director to be necessary to safely implement this
100	100	chapter.
101	101	Sec. 487A.103. APPLICATION. (a) A person may apply for an
102	102	initial or renewal license under this subchapter by submitting a
103	103	form prescribed by the department along with the application fee in
104	104	an amount set by the director.
105	105	(b) The application must include the name and address of the
106	106	applicant, the name and address of each of the applicant's
107	107	directors, managers, and employees, and any other information
108	108	considered necessary by the department to determine the applicant's
109	109	eligibility for the license.
110	110	Sec. 487A.104. ISSUANCE, RENEWAL, OR DENIAL OF LICENSE.
111	111	(a) The department shall issue or renew a license under this
112	112	subchapter only if:
113	113	(1) the department determines the applicant meets the
114	114	eligibility requirements described by Section 487A.102; and
115	115	(2) issuance or renewal of the license is necessary to
116	116	ensure reasonable statewide access to, and the availability of,
117	117	medical cannabis for patients registered in the medical use
118	118	registry for whom medical cannabis is recommended under Chapter
119	119	169A, Occupations Code.
120	120	(b) If the department denies the issuance or renewal of a
121	121	license under Subsection (a), the applicant is entitled to a
122	122	hearing. Chapter 2001, Government Code, applies to a proceeding
123	123	under this section.
124	124	(c) A license issued or renewed under this section expires
125	125	as determined by the department in accordance with Section 411.511,
126	126	Government Code.
127	127	Sec. 487A.105. CRIMINAL HISTORY BACKGROUND CHECK. (a) An
128	128	applicant for the issuance or renewal of a license under this
129	129	subchapter shall provide the department with the applicant's name
130	130	and the name of each of the applicant's directors, managers, and
131	131	employees.
132	132	(b) Before a dispensing organization under this subchapter
133	133	hires a manager or employee for the organization, the license
134	134	holder must provide the department with the name of the prospective
135	135	manager or employee. The license holder may not transfer the
136	136	license to another person before that prospective applicant and the
137	137	applicant's directors, managers, and employees pass a criminal
138	138	history background check and are registered as required by
139	139	Subchapter D.
140	140	(c) The department shall conduct a criminal history
141	141	background check on each individual whose name is provided to the
142	142	department under Subsection (a) or (b). The director by rule shall:
143	143	(1) require each individual whose name is provided to
144	144	the department under Subsection (a) or (b) to submit a complete set
145	145	of fingerprints to the department on a form prescribed by the
146	146	department for purposes of a criminal history background check
147	147	under this section; and
148	148	(2) establish criteria for determining whether an
149	149	individual passes the criminal history background check for the
150	150	purposes of this section.
151	151	(d) After conducting a criminal history background check
152	152	under this section, the department shall notify the relevant
153	153	applicant or organization and the individual who is the subject of
154	154	the criminal history background check as to whether the individual
155	155	passed the criminal history background check.
156	156	Sec. 487A.106. DUTY TO MAINTAIN ELIGIBILITY. Each license
157	157	holder under this subchapter must maintain compliance at all times
158	158	with the eligibility requirements described by Section 487A.102.
159	159	Sec. 487A.107. DUTIES RELATING TO DISPENSING MEDICAL
160	160	CANNABIS. (a) Before dispensing medical cannabis to a person for
161	161	whom medical use is recommended under Chapter 169A, Occupations
162	162	Code, the dispensing organization must verify that the person is
163	163	listed as a patient in the medical use registry.
164	164	(b) After dispensing medical cannabis to a patient for whom
165	165	medical use is recommended under Chapter 169A, Occupations Code,
166	166	the dispensing organization shall record in the medical use
167	167	registry the form and quantity of the medical cannabis dispensed
168	168	and the date and time of dispensation.
169	169	Sec. 487A.108. LICENSE SUSPENSION OR REVOCATION. (a) The
170	170	department may at any time suspend or revoke a license issued under
171	171	this subchapter if the department determines that the license
172	172	holder has not maintained the eligibility requirements described by
173	173	Section 487A.102 or has failed to comply with a duty imposed under
174	174	this chapter.
175	175	(b) The director shall give written notice to the license
176	176	holder of a license suspension or revocation under this section and
177	177	the grounds for the suspension or revocation. The notice must be
178	178	sent by certified mail, return receipt requested.
179	179	(c) After suspending or revoking a license issued under this
180	180	subchapter, the director may seize or place under seal all medical
181	181	cannabis and drug paraphernalia owned or possessed by the
182	182	dispensing organization. If the director orders the revocation of
183	183	the license, a disposition may not be made of the seized or sealed
184	184	medical cannabis or drug paraphernalia until the time for
185	185	administrative appeal of the order has elapsed or until all appeals
186	186	have been concluded. When a revocation order becomes final, all
187	187	medical cannabis and drug paraphernalia may be forfeited to the
188	188	state as provided under Subchapter E, Chapter 481.
189	189	(d) Chapter 2001, Government Code, applies to a proceeding
190	190	under this section.
191	191	SUBCHAPTER D. REGISTRATION OF CERTAIN INDIVIDUALS
192	192	Sec. 487A.151. REGISTRATION REQUIRED. (a) An individual
193	193	who is a director, manager, or employee of a dispensing
194	194	organization must apply for and obtain a registration under this
195	195	section.
196	196	(b) An applicant for a registration under this section must:
197	197	(1) be at least 18 years of age;
198	198	(2) submit a complete set of fingerprints to the
199	199	department in the manner required by department rule; and
200	200	(3) pass a fingerprint-based criminal history
201	201	background check as required by Section 487A.105.
202	202	(c) A registration expires on the second anniversary of the
203	203	date of the registration's issuance, unless suspended or revoked
204	204	under rules adopted under this chapter.
205	205	SUBCHAPTER E. DUTIES OF COUNTIES AND MUNICIPALITIES
206	206	Sec. 487A.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
207	207	MEDICAL CANNABIS. A municipality, county, or other political
208	208	subdivision may not enact, adopt, or enforce a rule, ordinance,
209	209	order, resolution, or other regulation that prohibits the
210	210	cultivation, production, dispensing, or possession of medical
211	211	cannabis, as authorized by this chapter.
212	212	SECTION 2. Subtitle B, Title 3, Occupations Code, is
213	213	amended by adding Chapter 169A to read as follows:
214	214	CHAPTER 169A. AUTHORITY TO RECOMMEND MEDICAL CANNABIS TO PATIENTS
215	215	WITH POST-TRAUMATIC STRESS DISORDER
216	216	Sec. 169A.001. DEFINITIONS. In this chapter:
217	217	(1) "Department" means the Department of Public
218	218	Safety.
219	219	(2) "Medical cannabis" means the plant Cannabis sativa
220	220	L., and any part of that plant or any compound, manufacture, salt,
221	221	derivative, mixture, preparation, resin, or oil of that plant.
222	222	(3) "Medical use" means the ingestion by a means of
223	223	administration other than by smoking of a recommended amount of
224	224	medical cannabis by a person for whom medical use is recommended
225	225	under this chapter.
226	226	(4) "Smoking" means burning or igniting a substance
227	227	and inhaling the smoke.
228	228	Sec. 169A.002. RECOMMENDATION OF MEDICAL USE. (a) A
229	229	physician may recommend medical use in accordance with this chapter
230	230	for a patient who is 18 years of age or older and has post-traumatic
231	231	stress disorder.
232	232	(b) A physician who recommends medical use for a patient
233	233	must:
234	234	(1) comply with the registration requirements of
235	235	Section 169A.003; and
236	236	(2) certify to the department that:
237	237	(A) the patient has post-traumatic stress
238	238	disorder; and
239	239	(B) the physician has determined that the risk of
240	240	medical use by the patient is reasonable in light of the potential
241	241	benefit for the patient.
242	242	Sec. 169A.003. RECOMMENDING PHYSICIAN REGISTRATION. (a)
243	243	Before a physician may recommend medical use for a patient under
244	244	this chapter, the physician must register as the recommending
245	245	physician for that patient in the medical use registry maintained
246	246	by the department under Section 487A.054, Health and Safety Code.
247	247	The physician's registration must indicate:
248	248	(1) the physician's name; and
249	249	(2) the patient's name and date of birth.
250	250	(b) The department may not publish the name of a physician
251	251	registered under this section unless permission is expressly
252	252	granted by the physician.
253	253	Sec. 169A.004. PATIENT TREATMENT PLAN. A physician who
254	254	recommends medical use for a patient under this chapter must
255	255	maintain a patient treatment plan that indicates:
256	256	(1) a plan for monitoring the patient's symptoms; and
257	257	(2) a plan for monitoring indicators of tolerance or
258	258	reaction to medical cannabis.
259	259	SECTION 3. Section 122.103(c), Agriculture Code, is amended
260	260	to read as follows:
261	261	(c) A qualified applicant who along with the application
262	262	submits proof to the department that the applicant holds a license
263	263	under Chapter 487 or 487A, Health and Safety Code, is not required
264	264	to pay an application fee, and the department shall issue the
265	265	license to the applicant within the time prescribed by Subsection
266	266	(b).
267	267	SECTION 4. Section 411.0891(a), Government Code, is amended
268	268	to read as follows:
269	269	(a) Subject to Section 411.087, the department is
270	270	authorized to obtain and use criminal history record information
271	271	maintained by the Federal Bureau of Investigation or the department
272	272	that relates to a person who:
273	273	(1) is an applicant for or holds a registration issued
274	274	by the director under Subchapter C, Chapter 481, Health and Safety
275	275	Code, that authorizes the person to manufacture, distribute,
276	276	analyze, or conduct research with a controlled substance;
277	277	(2) is an applicant for or holds a registration issued
278	278	by the department under Chapter 487 or 487A, Health and Safety Code,
279	279	to be a director, manager, or employee of a dispensing
280	280	organization, as defined by Section 487.001 or 487A.001, Health and
281	281	Safety Code;
282	282	(3) is an applicant for or holds an authorization
283	283	issued by the department under Section 521.2476, Transportation
284	284	Code, to do business in this state as a vendor of ignition interlock
285	285	devices;
286	286	(4) is an applicant for or holds certification by the
287	287	department as an inspection station or an inspector under
288	288	Subchapter G, Chapter 548, Transportation Code, holds an inspection
289	289	station or inspector certificate issued under that subchapter, or
290	290	is the owner of an inspection station operating under that chapter;
291	291	or
292	292	(5) is an applicant for or holds a certificate of
293	293	registration issued by the department under Chapter 1956,
294	294	Occupations Code, to act as a metal recycling entity.
295	295	SECTION 5. Section 411.502, Government Code, is amended to
296	296	read as follows:
297	297	Sec. 411.502. APPLICABILITY. This subchapter applies to a
298	298	program, and persons regulated under the program, administered by
299	299	the department under the following laws, including rules adopted
300	300	under those laws:
301	301	(1) Section 411.0625;
302	302	(2) Chapter 487, Health and Safety Code;
303	303	(3) Chapter 487A, Health and Safety Code;
304	304	(4) Chapter 1702, Occupations Code;
305	305	(5) [(4)] Chapter 1956, Occupations Code;
306	306	(6) [(5)] Section 521.2476, Transportation Code; and
307	307	(7) [(6)] Subchapter G, Chapter 548, Transportation
308	308	Code.
309	309	SECTION 6. Section 481.062(a), Health and Safety Code, is
310	310	amended to read as follows:
311	311	(a) The following persons may possess a controlled
312	312	substance under this chapter without registering with the Federal
313	313	Drug Enforcement Administration:
314	314	(1) an agent or employee of a manufacturer,
315	315	distributor, analyzer, or dispenser of the controlled substance who
316	316	is registered with the Federal Drug Enforcement Administration and
317	317	acting in the usual course of business or employment;
318	318	(2) a common or contract carrier, a warehouseman, or
319	319	an employee of a carrier or warehouseman whose possession of the
320	320	controlled substance is in the usual course of business or
321	321	employment;
322	322	(3) an ultimate user or a person in possession of the
323	323	controlled substance under a lawful order of a practitioner or in
324	324	lawful possession of the controlled substance if it is listed in
325	325	Schedule V;
326	326	(4) an officer or employee of this state, another
327	327	state, a political subdivision of this state or another state, or
328	328	the United States who is lawfully engaged in the enforcement of a
329	329	law relating to a controlled substance or drug or to a customs law
330	330	and authorized to possess the controlled substance in the discharge
331	331	of the person's official duties;
332	332	(5) if the substance is tetrahydrocannabinol or one of
333	333	its derivatives:
334	334	(A) a Department of State Health Services
335	335	official, a medical school researcher, or a research program
336	336	participant possessing the substance as authorized under
337	337	Subchapter G; or
338	338	(B) a practitioner or an ultimate user possessing
339	339	the substance as a participant in a federally approved therapeutic
340	340	research program that the commissioner has reviewed and found, in
341	341	writing, to contain a medically responsible research protocol; [or]
342	342	(6) a dispensing organization licensed under Chapter
343	343	487 that possesses low-THC cannabis; or
344	344	(7) a dispensing organization licensed under Chapter
345	345	487A that possesses medical cannabis.
346	346	SECTION 7. Sections 481.111(e) and (f), Health and Safety
347	347	Code, are amended to read as follows:
348	348	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
349	349	apply to a person who engages in the acquisition, possession,
350	350	production, cultivation, delivery, or disposal of a raw material
351	351	used in or by-product created by the production or cultivation of
352	352	low-THC cannabis or medical cannabis if the person:
353	353	(1) for an offense involving possession only of
354	354	marihuana or drug paraphernalia, is a patient for whom low-THC
355	355	cannabis is prescribed under Chapter 169, Occupations Code, or the
356	356	patient's legal guardian, and the person possesses low-THC cannabis
357	357	obtained under a valid prescription from a dispensing organization;
358	358	[or]
359	359	(2) is a director, manager, or employee of a low-THC
360	360	cannabis dispensing organization and the person, solely in
361	361	performing the person's regular duties at the organization,
362	362	acquires, possesses, produces, cultivates, dispenses, or disposes
363	363	of:
364	364	(A) in reasonable quantities, any low-THC
365	365	cannabis or raw materials used in or by-products created by the
366	366	production or cultivation of low-THC cannabis; or
367	367	(B) any drug paraphernalia used in the
368	368	acquisition, possession, production, cultivation, delivery, or
369	369	disposal of low-THC cannabis;
370	370	(3) for an offense involving possession only of
371	371	marihuana or drug paraphernalia, is a patient for whom medical use
372	372	is recommended under Chapter 169A, Occupations Code; or
373	373	(4) is a director, manager, or employee of a medical
374	374	cannabis dispensing organization and the person, solely in
375	375	performing the person's regular duties at the organization,
376	376	acquires, possesses, produces, cultivates, dispenses, or disposes
377	377	of:
378	378	(A) in reasonable quantities, any medical
379	379	cannabis or raw materials used in or by-products created by the
380	380	production or cultivation of medical cannabis; or
381	381	(B) any drug paraphernalia used in the
382	382	acquisition, possession, production, cultivation, delivery, or
383	383	disposal of medical cannabis.
384	384	(f) For purposes of Subsection (e):
385	385	(1) ["Dispensing organization" has the meaning
386	386	assigned by Section 487.001.
387	387	[(2)] "Low-THC cannabis" has the meaning assigned by
388	388	Section 169.001, Occupations Code.
389	389	(2) "Low-THC cannabis dispensing organization" means
390	390	a dispensing organization as defined by Section 487.001.
391	391	(3) "Medical cannabis" and "medical use" have the
392	392	meanings assigned by Section 169A.001, Occupations Code.
393	393	(4) "Medical cannabis dispensing organization" means
394	394	a dispensing organization as defined by Section 487A.001.
395	395	SECTION 8. Section 551.004, Occupations Code, is amended by
396	396	amending Subsection (a) and adding Subsection (a-1) to read as
397	397	follows:
398	398	(a) This subtitle does not apply to:
399	399	(1) a practitioner licensed by the appropriate state
400	400	board who supplies a patient of the practitioner with a drug in a
401	401	manner authorized by state or federal law and who does not operate a
402	402	pharmacy for the retailing of prescription drugs;
403	403	(2) a member of the faculty of a college of pharmacy
404	404	recognized by the board who is a pharmacist and who performs the
405	405	pharmacist's services only for the benefit of the college;
406	406	(3) a person who procures prescription drugs for
407	407	lawful research, teaching, or testing and not for resale;
408	408	(4) a home and community support services agency that
409	409	possesses a dangerous drug as authorized by Section 142.0061,
410	410	142.0062, or 142.0063, Health and Safety Code; [or]
411	411	(5) a low-THC cannabis dispensing organization[, as
412	412	defined by Section 487.001, Health and Safety Code,] that
413	413	cultivates, processes, and dispenses low-THC cannabis, as
414	414	authorized by a license issued under Subchapter C, Chapter 487,
415	415	Health and Safety Code, to a patient listed in the
416	416	compassionate-use registry established under that chapter; or
417	417	(6) a medical cannabis dispensing organization that
418	418	cultivates, processes, and dispenses medical cannabis, as
419	419	authorized by a license issued under Subchapter C, Chapter 487A,
420	420	Health and Safety Code, to a patient listed in the medical use
421	421	registry established under that chapter.
422	422	(a-1) For purposes of Subsections (a)(5) and (6):
423	423	(1) "Low-THC cannabis dispensing organization" means
424	424	a dispensing organization as defined by Section 487.001, Health and
425	425	Safety Code.
426	426	(2) "Medical cannabis dispensing organization" means
427	427	a dispensing organization as defined by Section 487A.001, Health
428	428	and Safety Code.
429	429	SECTION 9. Not later than January 1, 2022, the public safety
430	430	director of the Department of Public Safety shall adopt rules as
431	431	required to implement, administer, and enforce Chapter 487A, Health
432	432	and Safety Code, as added by this Act, including rules to establish
433	433	the medical use registry required by that chapter.
434	434	SECTION 10. This Act takes effect immediately if it
435	435	receives a vote of two-thirds of all the members elected to each
436	436	house, as provided by Section 39, Article III, Texas Constitution.
437	437	If this Act does not receive the vote necessary for immediate
438	438	effect, this Act takes effect September 1, 2021.