Texas 2021 - 87th Regular

Texas House Bill HB94 Compare Versions

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

Old	New	Differences
1	1	87R2233 JSC-F
2	2	By: Reynolds H.B. No. 94
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	ARTICLE 1. AMENDMENTS TO CHAPTER 487, HEALTH AND SAFETY CODE
14	14	SECTION 1.01. Section 487.001, Health and Safety Code, is
15	15	amended to read as follows:
16	16	Sec. 487.001. DEFINITIONS. In this chapter:
17	17	(1) "Cannabis testing facility" means an independent
18	18	entity licensed by the department under this chapter to analyze the
19	19	safety and potency of medical cannabis.
20	20	(2) "Cardholder" means a qualifying patient or a
21	21	registered caregiver who is issued a registry identification card.
22	22	(3) "Debilitating medical condition," "medical
23	23	cannabis," "medical practitioner," "medical use," and "qualifying
24	24	patient" have the meanings assigned by Section 169.001, Occupations
25	25	Code.
26	26	(4) "Department" means the Department of Public
27	27	Safety.
28	28	(5) [(2)] "Director" means the public safety director
29	29	of the department.
30	30	(6) [(3)] "Dispensing organization" means an
31	31	organization licensed by the department to cultivate, process, and
32	32	dispense medical [low-THC] cannabis to a patient for whom medical
33	33	use [low-THC cannabis] is recommended [prescribed] under Chapter
34	34	169, Occupations Code.
35	35	(7) "Drug paraphernalia" has the meaning assigned by
36	36	Section 481.002.
37	37	(8) "Nonresident cardholder" means a person who is not
38	38	a resident of this state and who:
39	39	(A) has been diagnosed with a debilitating
40	40	medical condition and issued a currently valid registry
41	41	identification card or the equivalent under the laws of another
42	42	state, district, territory, commonwealth, insular possession of
43	43	the United States, or country recognized by the United States, that
44	44	authorizes medical use by the person in the jurisdiction of
45	45	issuance; or
46	46	(B) is the parent, legal guardian, or conservator
47	47	of a person described by Paragraph (A).
48	48	(9) "Registered caregiver" means a person who:
49	49	(A) is at least 21 years of age or a parent, legal
50	50	guardian, or conservator of a qualifying patient;
51	51	(B) has significant responsibility for managing
52	52	the medical care of a qualifying patient listed on the
53	53	compassionate-use registry; and
54	54	(C) has been issued a registry identification
55	55	card identifying the person as a registered caregiver of a
56	56	qualifying patient listed on the compassionate-use registry.
57	57	(10) "Registry identification card" means a document
58	58	issued by the department that identifies a person as:
59	59	(A) a qualifying patient listed on the
60	60	compassionate-use registry; or
61	61	(B) a registered caregiver of a qualifying
62	62	patient listed on the compassionate-use registry.
63	63	(11) "Written certification" means a document
64	64	produced under Section 169.002, Occupations Code.
65	65	[(4) "Low-THC cannabis" has the meaning assigned by
66	66	Section 169.001, Occupations Code.]
67	67	SECTION 1.02. Chapter 487, Health and Safety Code, is
68	68	amended by adding Subchapter A-1 to read as follows:
69	69	SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
70	70	Sec. 487.021. PROTECTION FROM LEGAL ACTION. (a) This
71	71	section applies to a person who is:
72	72	(1) a cardholder;
73	73	(2) a nonresident cardholder;
74	74	(3) a dispensing organization;
75	75	(4) a cannabis testing facility; or
76	76	(5) a director, manager, or employee of a dispensing
77	77	organization or of a cannabis testing facility who is registered
78	78	with the department under Section 487.053.
79	79	(b) Notwithstanding any other law, a person described by
80	80	Subsection (a) is not subject to arrest, prosecution, or penalty in
81	81	any manner, or denial of any right or privilege, including any civil
82	82	penalty or disciplinary action by a court or occupational or
83	83	professional licensing board or bureau, for conduct involving
84	84	medical use that is authorized under this chapter, department rule,
85	85	or Chapter 169, Occupations Code.
86	86	Sec. 487.022. NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR
87	87	ENDANGERMENT. A person described by Section 487.021(a) may not be
88	88	presumed to have engaged in conduct constituting child abuse,
89	89	neglect, or endangerment solely because the person engaged in
90	90	conduct involving medical use that is authorized under this
91	91	chapter, department rule, or Chapter 169, Occupations Code.
92	92	Sec. 487.023. NO DENIAL OF PARENTAL RIGHTS. The fact that a
93	93	person described by Section 487.021(a) engages in conduct
94	94	authorized under this chapter, department rule, or Chapter 169,
95	95	Occupations Code, does not in itself constitute grounds for
96	96	denying, limiting, or restricting conservatorship or possession of
97	97	or access to a child under Title 5, Family Code.
98	98	Sec. 487.024. NO SEIZURE OR FORFEITURE. Property used in
99	99	the cultivation, distribution, transportation, and delivery of
100	100	medical cannabis for medical use that is authorized under this
101	101	chapter, department rule, or Chapter 169, Occupations Code, is not
102	102	contraband for purposes of Chapter 59, Code of Criminal Procedure,
103	103	and is not subject to seizure or forfeiture under that chapter or
104	104	other law solely for the use of the property in those authorized
105	105	activities.
106	106	Sec. 487.025. NO PROSECUTION FOR PROVISION OF
107	107	PARAPHERNALIA. A person is not subject to arrest, prosecution, or
108	108	the imposition of any sentence or penalty for the delivery,
109	109	possession with intent to deliver, or manufacture of any item that
110	110	meets the definition of drug paraphernalia, if that item is
111	111	delivered, possessed with intent to deliver, or manufactured for
112	112	the sole purpose of providing that item to a cardholder or
113	113	nonresident cardholder for medical use under this chapter,
114	114	department rule, or Chapter 169, Occupations Code.
115	115	SECTION 1.03. Section 487.052, Health and Safety Code, is
116	116	amended to read as follows:
117	117	Sec. 487.052. RULES. (a) The director shall adopt any
118	118	rules necessary for the administration and enforcement of this
119	119	chapter.
120	120	(b) The director shall adopt reasonable [, including] rules
121	121	imposing fees under this chapter in amounts sufficient to cover the
122	122	cost of administering this chapter. Fees collected under a rule
123	123	adopted under this chapter may be used only for the administration
124	124	of this chapter.
125	125	(c) The director shall adopt rules in accordance with
126	126	Section 487.081 governing the allowable amount of medical cannabis
127	127	a cardholder or nonresident cardholder may possess for medical use
128	128	by a qualifying patient.
129	129	(d) The director by rule shall adopt labeling requirements
130	130	for medical cannabis.
131	131	(e) The director shall adopt rules establishing security
132	132	requirements concerning the cultivation of medical cannabis by a
133	133	cardholder.
134	134	(f) The director shall adopt reasonable rules governing
135	135	access to medical cannabis by nonresident cardholders.
136	136	SECTION 1.04. The heading to Section 487.053, Health and
137	137	Safety Code, is amended to read as follows:
138	138	Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND
139	139	CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
140	140	INDIVIDUALS.
141	141	SECTION 1.05. Section 487.053(a), Health and Safety Code,
142	142	is amended to read as follows:
143	143	(a) The department shall:
144	144	(1) issue or renew a license to operate as:
145	145	(A) a dispensing organization to each applicant
146	146	who satisfies the requirements established under this chapter for
147	147	licensure as a dispensing organization; and
148	148	(B) a cannabis testing facility to each applicant
149	149	who satisfies the requirements established under this chapter for
150	150	licensure as a cannabis testing facility; and
151	151	(2) register directors, managers, and employees of
152	152	each:
153	153	(A) dispensing organization; and
154	154	(B) cannabis testing facility.
155	155	SECTION 1.06. Section 487.054, Health and Safety Code, is
156	156	amended to read as follows:
157	157	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
158	158	department shall establish and maintain a secure online
159	159	compassionate-use registry that contains:
160	160	(1) the name of each individual who is issued a
161	161	registry identification card and each nonresident cardholder who
162	162	receives medical cannabis from a dispensing organization;
163	163	(2) the name of each medical practitioner who
164	164	recommends medical use to a qualifying patient and [physician who
165	165	registers as the prescriber for a patient under Section 169.004,
166	166	Occupations Code,] the name and date of birth of that [the]
167	167	patient[, the dosage prescribed, the means of administration
168	168	ordered, and the total amount of low-THC cannabis required to fill
169	169	the patient's prescription]; and
170	170	(3) [(2)] a record of each amount of medical [low-THC]
171	171	cannabis dispensed by a dispensing organization to a cardholder or
172	172	nonresident cardholder [patient under a prescription].
173	173	(b) The department shall ensure the registry:
174	174	(1) is designed to prevent more than one medical
175	175	practitioner [qualified physician] from registering as the
176	176	recommending medical practitioner [prescriber] for a single
177	177	patient; and
178	178	(2) is accessible to law enforcement agencies and
179	179	dispensing organizations for the purpose of verifying whether a
180	180	person is authorized under this chapter to receive medical cannabis
181	181	[patient is one for whom low-THC cannabis is prescribed and whether
182	182	the patient's prescriptions have been filled; and
183	183	[(3) allows a physician qualified to prescribe low-THC
184	184	cannabis under Section 169.002, Occupations Code, to input safety
185	185	and efficacy data derived from the treatment of patients for whom
186	186	low-THC cannabis is prescribed under Chapter 169, Occupations
187	187	Code].
188	188	SECTION 1.07. Subchapter B, Chapter 487, Health and Safety
189	189	Code, is amended by adding Sections 487.055 and 487.056 to read as
190	190	follows:
191	191	Sec. 487.055. LICENSING AND REGULATION OF CANNABIS TESTING
192	192	FACILITIES. The director shall adopt all rules necessary for:
193	193	(1) the licensing and regulation of cannabis testing
194	194	facilities and the directors, managers, and employees of those
195	195	facilities;
196	196	(2) the operation of cannabis testing facilities; and
197	197	(3) the testing of the safety and potency of medical
198	198	cannabis.
199	199	Sec. 487.056. APPLICATION FOR REGISTRY IDENTIFICATION
200	200	CARD. (a) The director by rule shall adopt an application for a
201	201	registry identification card:
202	202	(1) for a qualifying patient; and
203	203	(2) for a designated caregiver.
204	204	(b) An applicant for a registry identification card must
205	205	submit to the department:
206	206	(1) the application adopted under Subsection (a);
207	207	(2) a written certification that was issued within the
208	208	90 days preceding the date of application and that affirms that
209	209	medical use is recommended for the qualifying patient;
210	210	(3) the application fee prescribed by department rule;
211	211	and
212	212	(4) any other forms developed by the director for
213	213	submission with the application.
214	214	(c) The department shall issue a registry identification
215	215	card to an applicant who is a qualifying patient or the registered
216	216	caregiver of a qualifying patient not later than the 25th day after
217	217	the date the application is submitted.
218	218	SECTION 1.08. Chapter 487, Health and Safety Code, is
219	219	amended by adding Subchapter B-1 to read as follows:
220	220	SUBCHAPTER B-1. ALLOWABLE AMOUNT OF MEDICAL CANNABIS AND ACCESS TO
221	221	MEDICAL CANNABIS
222	222	Sec. 487.081. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a) A
223	223	cardholder or nonresident cardholder may possess for medical use by
224	224	the qualifying patient no more than the allowable amount of medical
225	225	cannabis for that qualifying patient, as provided by this section
226	226	and department rule.
227	227	(b) The director by rule shall specify the number of
228	228	cannabis plants that may be cultivated or possessed for medical use
229	229	by a qualifying patient, which may not be fewer than six cannabis
230	230	plants. The amount of medical cannabis, edible products that
231	231	contain medical cannabis, or products infused with medical cannabis
232	232	that are produced from the allowable number of cannabis plants may
233	233	be possessed for medical use by a cardholder or nonresident
234	234	cardholder on the site where those plants are cultivated,
235	235	regardless of whether the amount possessed on that site exceeds the
236	236	quantity otherwise provided as the allowable amount of medical
237	237	cannabis for the qualifying patient by a rule adopted under this
238	238	section.
239	239	(c) The director by rule shall specify the quantity of
240	240	medical cannabis other than cannabis plants, edible products that
241	241	contain medical cannabis, or products infused with medical
242	242	cannabis, that, except as otherwise provided by Subsection (b) or
243	243	(e), may be possessed by a cardholder or nonresident cardholder for
244	244	medical use by a qualifying patient, which may not be less than 2.5
245	245	ounces.
246	246	(d) The director by rule shall specify the quantity of
247	247	edible products that contain medical cannabis or products infused
248	248	with medical cannabis that, except as otherwise provided by
249	249	Subsection (b) or (e), may be possessed by a cardholder or
250	250	nonresident cardholder for medical use by a qualifying patient.
251	251	(e) If a medical practitioner recommends in the qualifying
252	252	patient's written certification a different amount of medical
253	253	cannabis than the amount provided by rule adopted under this
254	254	section, the amount recommended by the written certification is the
255	255	allowable amount of medical cannabis for that qualifying patient.
256	256	Sec. 487.082. ACCESS TO MEDICAL CANNABIS BEFORE REGISTRY
257	257	IDENTIFICATION CARD ISSUED. An applicant for a registry
258	258	identification card may receive medical cannabis from a dispensing
259	259	organization before the department issues a registry
260	260	identification card on providing:
261	261	(1) proof that the application was submitted to the
262	262	department and any application fees were paid; and
263	263	(2) a copy of the applicant's written certification.
264	264	Sec. 487.083. ACCESS TO MEDICAL CANNABIS BEFORE DECEMBER 1,
265	265	2021. (a) On or before December 1, 2021, notwithstanding a
266	266	contrary provision of this chapter, a qualifying patient or a
267	267	caregiver with significant responsibility for managing the
268	268	well-being of a qualifying patient may obtain medical cannabis from
269	269	a dispensing organization on providing:
270	270	(1) for a qualifying patient, a copy of the qualifying
271	271	patient's written certification; or
272	272	(2) for a caregiver of the qualifying patient:
273	273	(A) a copy of the qualifying patient's written
274	274	certification; and
275	275	(B) an affidavit stating:
276	276	(i) that the caregiver is the qualifying
277	277	patient's parent or guardian; or
278	278	(ii) that the caregiver has significant
279	279	responsibility for managing the well-being of the qualifying
280	280	patient and that is signed by the qualifying patient or the
281	281	qualifying patient's parent or guardian, if the qualifying patient
282	282	is a minor.
283	283	(b) This section expires December 1, 2021.
284	284	SECTION 1.09. Section 487.102, Health and Safety Code, is
285	285	amended to read as follows:
286	286	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
287	287	license to operate as a dispensing organization is eligible for the
288	288	license if:
289	289	(1) as determined by the department, the applicant
290	290	possesses:
291	291	(A) the technical and technological ability to
292	292	cultivate and produce medical [low-THC] cannabis;
293	293	(B) the ability to secure:
294	294	(i) the resources and personnel necessary
295	295	to operate as a dispensing organization; and
296	296	(ii) premises reasonably located to allow
297	297	patients listed on the compassionate-use registry access to the
298	298	organization through existing infrastructure;
299	299	(C) the ability to maintain accountability for
300	300	the raw materials, the finished product, and any by-products used
301	301	or produced in the cultivation or production of medical [low-THC]
302	302	cannabis to prevent unlawful access to or unlawful diversion or
303	303	possession of those materials, products, or by-products; and
304	304	(D) the financial ability to maintain operations
305	305	for not less than two years from the date of application;
306	306	(2) each director, manager, or employee of the
307	307	applicant is registered under Subchapter D; and
308	308	(3) the applicant satisfies any additional criteria
309	309	determined by the director to be necessary to safely implement this
310	310	chapter.
311	311	SECTION 1.10. Subchapter C, Chapter 487, Health and Safety
312	312	Code, is amended by adding Section 487.1025 to read as follows:
313	313	Sec. 487.1025. ANNUAL LICENSE FEE. The director shall
314	314	charge an annual license fee set initially by the director in an
315	315	amount not to exceed $5,000. The director shall annually adjust for
316	316	inflation the annual license fee.
317	317	SECTION 1.11. Section 487.103, Health and Safety Code, is
318	318	amended by adding Subsection (a-1) to read as follows:
319	319	(a-1) The director shall set the application fee charged
320	320	under Subsection (a) initially in an amount not to exceed $2,500.
321	321	The director shall annually adjust for inflation the application
322	322	fee.
323	323	SECTION 1.12. Section 487.104(a), Health and Safety Code,
324	324	is amended to read as follows:
325	325	(a) The department shall issue or renew a license to operate
326	326	as a dispensing organization only if:
327	327	(1) the department determines the applicant meets the
328	328	eligibility requirements described by Section 487.102; and
329	329	(2) issuance or renewal of the license is necessary to
330	330	ensure reasonable statewide access to, and the availability of,
331	331	medical [low-THC] cannabis for patients registered in the
332	332	compassionate-use registry and for whom medical [low-THC] cannabis
333	333	is recommended [prescribed] under Chapter 169, Occupations Code.
334	334	SECTION 1.13. Section 487.107, Health and Safety Code, is
335	335	amended to read as follows:
336	336	Sec. 487.107. DUTIES RELATING TO DISPENSING MEDICAL
337	337	CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low-THC]
338	338	cannabis to a person authorized under this chapter to receive
339	339	medical [for whom the low-THC] cannabis [is prescribed under
340	340	Chapter 169, Occupations Code], the dispensing organization must
341	341	verify that [the prescription presented]:
342	342	(1) the person receiving the medical cannabis is [for]
343	343	a cardholder [person] listed [as a patient] in the
344	344	compassionate-use registry or a nonresident cardholder;
345	345	(2) the medical cannabis, including any edible
346	346	products that contain medical cannabis and any products infused
347	347	with medical cannabis, has been properly tested and properly
348	348	labeled in accordance with standards established by the department
349	349	[matches the entry in the compassionate-use registry with respect
350	350	to the total amount of low-THC cannabis required to fill the
351	351	prescription]; and
352	352	(3) the amount of medical cannabis dispensed to the
353	353	person would not cause the person to possess more than the allowable
354	354	amount of medical cannabis for the qualifying patient, as
355	355	determined under Section 487.081 [has not previously been filled by
356	356	a dispensing organization as indicated by an entry in the
357	357	compassionate-use registry].
358	358	(b) After dispensing medical [low-THC] cannabis to a
359	359	cardholder or nonresident cardholder [patient for whom the low-THC
360	360	cannabis is prescribed under Chapter 169, Occupations Code], the
361	361	dispensing organization shall record in the compassionate-use
362	362	registry the name and address of the individual to whom the medical
363	363	cannabis is dispensed, the form and quantity of medical [low-THC]
364	364	cannabis dispensed, and the date and time of dispensation.
365	365	SECTION 1.14. Section 487.108(c), Health and Safety Code,
366	366	is amended to read as follows:
367	367	(c) After suspending or revoking a license issued under this
368	368	chapter, the director may seize or place under seal all medical
369	369	[low-THC] cannabis and drug paraphernalia owned or possessed by the
370	370	dispensing organization. If the director orders the revocation of
371	371	the license, a disposition may not be made of the seized or sealed
372	372	medical [low-THC] cannabis or drug paraphernalia until the time for
373	373	administrative appeal of the order has elapsed or until all appeals
374	374	have been concluded. When a revocation order becomes final, all
375	375	medical [low-THC] cannabis and drug paraphernalia may be forfeited
376	376	to the state as provided under Subchapter E, Chapter 481.
377	377	SECTION 1.15. Section 487.151, Health and Safety Code, is
378	378	amended by adding Subsection (a-1) to read as follows:
379	379	(a-1) An individual who is a director, manager, or employee
380	380	of a cannabis testing facility must apply for and obtain a
381	381	registration under this section.
382	382	SECTION 1.16. Section 487.201, Health and Safety Code, is
383	383	amended to read as follows:
384	384	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
385	385	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
386	386	political subdivision may not enact, adopt, or enforce a rule,
387	387	ordinance, order, resolution, or other regulation that prohibits
388	388	the cultivation, production, dispensing, or possession of medical
389	389	[low-THC] cannabis, as authorized by this chapter.
390	390	ARTICLE 2. AMENDMENTS TO CHAPTER 169, OCCUPATIONS CODE
391	391	SECTION 2.01. The heading to Chapter 169, Occupations Code,
392	392	is amended to read as follows:
393	393	CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL [PRESCRIBE LOW-THC]
394	394	CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
395	395	SECTION 2.02. Sections 169.001, 169.0011, 169.002, and
396	396	169.004, Occupations Code, are amended to read as follows:
397	397	Sec. 169.001. DEFINITIONS. In this chapter:
398	398	(1) "Debilitating medical condition" means:
399	399	(A) cancer, glaucoma, positive status for human
400	400	immunodeficiency virus, acquired immune deficiency syndrome,
401	401	hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,
402	402	ulcerative colitis, agitation of Alzheimer's disease,
403	403	post-traumatic stress disorder, autism, sickle cell anemia, severe
404	404	fibromyalgia, spinal cord disease, spinal cord injury, traumatic
405	405	brain injury or post-concussion syndrome, chronic traumatic
406	406	encephalopathy, Parkinson's disease, muscular dystrophy,
407	407	Huntington's disease, or an incurable neurodegenerative disease;
408	408	(B) a chronic medical condition that produces, or
409	409	the treatment of a chronic medical condition that produces:
410	410	(i) cachexia or wasting syndrome;
411	411	(ii) severe pain;
412	412	(iii) severe nausea;
413	413	(iv) seizures, including those
414	414	characteristic of epilepsy; or
415	415	(v) spasticity or severe and persistent
416	416	muscle spasms, including those characteristic of multiple
417	417	sclerosis; or
418	418	(C) any other medical condition approved as a
419	419	debilitating medical condition by department rule or any symptom
420	420	caused by the treatment of a medical condition that is approved as a
421	421	debilitating medical condition by department rule.
422	422	(2) "Department" means the Department of Public
423	423	Safety.
424	424	(3) [(1-a)] "Incurable neurodegenerative disease"
425	425	means a disease designated as an incurable neurodegenerative
426	426	disease by rule of the executive commissioner of the Health and
427	427	Human Services Commission, adopted in consultation with the
428	428	National Institutes of Health.
429	429	(4) [(3)] "Medical ["Low-THC] cannabis" means the
430	430	plant Cannabis sativa L., and any part of that plant or any
431	431	compound, manufacture, salt, derivative, mixture, preparation,
432	432	resin, or oil of that plant [that contains not more than 0.5 percent
433	433	by weight of tetrahydrocannabinols].
434	434	(5) "Medical practitioner" means:
435	435	(A) a licensed physician;
436	436	(B) an advanced practice registered nurse who has
437	437	been delegated prescriptive authority in accordance with
438	438	Subchapter B, Chapter 157; or
439	439	(C) a physician assistant who has been delegated
440	440	prescriptive authority in accordance with Subchapter B, Chapter
441	441	157.
442	442	(6) [(4)] "Medical use" means the ingestion of medical
443	443	[by a means of administration other than by smoking of a prescribed
444	444	amount of low-THC] cannabis by a qualifying patient to treat or
445	445	alleviate the patient's debilitating medical condition [person for
446	446	whom low-THC cannabis is prescribed under this chapter].
447	447	(7) "Qualifying patient" means a person who has been
448	448	diagnosed with a debilitating medical condition by a medical
449	449	practitioner.
450	450	[(5) "Smoking" means burning or igniting a substance
451	451	and inhaling the smoke.
452	452	[(6) "Terminal cancer" means cancer that meets the
453	453	criteria for a terminal illness, as defined by Section 1003.051,
454	454	Health and Safety Code.]
455	455	Sec. 169.0011. PRESCRIPTION FOR MEDICAL USE. A reference
456	456	in [this chapter, Chapter 487, Health and Safety Code, or other] law
457	457	to a prescription for medical use or a prescription for medical
458	458	[low-THC] cannabis means an entry in the compassionate-use registry
459	459	established under Section 487.054, Health and Safety Code.
460	460	Sec. 169.002. RECOMMENDATION FOR MEDICAL [PHYSICIAN
461	461	QUALIFIED TO PRESCRIBE LOW-THC] CANNABIS BY MEDICAL PRACTITIONER
462	462	[TO PATIENTS WITH CERTAIN MEDICAL CONDITIONS]. (a) A medical
463	463	practitioner may recommend medical cannabis to a qualifying patient
464	464	if the medical practitioner attests through written certification
465	465	that, in the medical practitioner's professional opinion:
466	466	(1) the diagnosis of a debilitating medical condition
467	467	for the qualifying patient is correct;
468	468	(2) the qualifying patient is likely to receive
469	469	therapeutic or palliative benefit from the medical use of medical
470	470	cannabis to treat or alleviate the patient's debilitating medical
471	471	condition; and
472	472	(3) the potential benefits to the qualifying patient
473	473	of medical use outweigh the health risks of medical use.
474	474	(b) The written certification described by Subsection (a)
475	475	must:
476	476	(1) be dated and signed by the medical practitioner;
477	477	(2) specify the qualifying patient's debilitating
478	478	medical condition; and
479	479	(3) affirm that medical use was recommended in the
480	480	course of a bona fide practitioner-patient relationship between the
481	481	qualifying patient and the medical practitioner [Only a physician
482	482	qualified with respect to a patient's particular medical condition
483	483	as provided by this section may prescribe low-THC cannabis in
484	484	accordance with this chapter to treat the applicable medical
485	485	condition.
486	486	[(b) A physician is qualified to prescribe low-THC cannabis
487	487	with respect to a patient's particular medical condition if the
488	488	physician:
489	489	[(1) is licensed under this subtitle;
490	490	[(2) is board certified in a medical specialty relevant
491	491	to the treatment of the patient's particular medical condition by a
492	492	specialty board approved by the American Board of Medical
493	493	Specialties or the Bureau of Osteopathic Specialists; and
494	494	[(3) dedicates a significant portion of clinical
495	495	practice to the evaluation and treatment of the patient's
496	496	particular medical condition].
497	497	Sec. 169.004. [LOW-THC CANNABIS PRESCRIBER] REGISTRATION
498	498	OF RECOMMENDING MEDICAL PRACTITIONERS. (a) Before a medical
499	499	practitioner [physician qualified to prescribe low-THC cannabis
500	500	under Section 169.002] may recommend medical use [prescribe or
501	501	renew a prescription for low-THC cannabis] for a qualifying patient
502	502	under this chapter, the practitioner [physician] must register as
503	503	the recommending medical practitioner [prescriber] for that
504	504	patient in the compassionate-use registry maintained by the
505	505	department under Section 487.054, Health and Safety Code. The
506	506	medical practitioner's [physician's] registration must indicate:
507	507	(1) the medical practitioner's [physician's] name; and
508	508	(2) the qualifying patient's name and date of birth[;
509	509	[(3) the dosage prescribed to the patient;
510	510	[(4) the means of administration ordered for the
511	511	patient; and
512	512	[(5) the total amount of low-THC cannabis required to
513	513	fill the patient's prescription].
514	514	(b) The department may not publish the name of a medical
515	515	practitioner [physician] registered under this section unless
516	516	permission is expressly granted by the medical practitioner
517	517	[physician].
518	518	SECTION 2.03. Sections 169.003 and 169.005, Occupations
519	519	Code, are repealed.
520	520	ARTICLE 3. CONFORMING AMENDMENTS
521	521	SECTION 3.01. Section 161.001(c), Family Code, is amended
522	522	to read as follows:
523	523	(c) A court may not make a finding under Subsection (b) and
524	524	order termination of the parent-child relationship based on
525	525	evidence that the parent:
526	526	(1) homeschooled the child;
527	527	(2) is economically disadvantaged;
528	528	(3) has been charged with a nonviolent misdemeanor
529	529	offense other than:
530	530	(A) an offense under Title 5, Penal Code;
531	531	(B) an offense under Title 6, Penal Code; or
532	532	(C) an offense that involves family violence, as
533	533	defined by Section 71.004 of this code;
534	534	(4) provided or administered medical [low-THC]
535	535	cannabis to a child for whom the medical [low-THC] cannabis was
536	536	recommended [prescribed] under Chapter 169, Occupations Code; or
537	537	(5) declined immunization for the child for reasons of
538	538	conscience, including a religious belief.
539	539	SECTION 3.02. Section 262.116(a), Family Code, is amended
540	540	to read as follows:
541	541	(a) The Department of Family and Protective Services may not
542	542	take possession of a child under this subchapter based on evidence
543	543	that the parent:
544	544	(1) homeschooled the child;
545	545	(2) is economically disadvantaged;
546	546	(3) has been charged with a nonviolent misdemeanor
547	547	offense other than:
548	548	(A) an offense under Title 5, Penal Code;
549	549	(B) an offense under Title 6, Penal Code; or
550	550	(C) an offense that involves family violence, as
551	551	defined by Section 71.004 of this code;
552	552	(4) provided or administered medical [low-THC]
553	553	cannabis to a child for whom the medical [low-THC] cannabis was
554	554	recommended [prescribed] under Chapter 169, Occupations Code; or
555	555	(5) declined immunization for the child for reasons of
556	556	conscience, including a religious belief.
557	557	SECTION 3.03. Section 443.202(a), Health and Safety Code,
558	558	is amended to read as follows:
559	559	(a) This section does not apply to medical [low-THC]
560	560	cannabis regulated under Chapter 487.
561	561	SECTION 3.04. Section 443.2025(a), Health and Safety Code,
562	562	is amended to read as follows:
563	563	(a) This section does not apply to medical [low-THC]
564	564	cannabis regulated under Chapter 487.
565	565	SECTION 3.05. Section 481.062(a), Health and Safety Code,
566	566	is amended to read as follows:
567	567	(a) The following persons may possess a controlled
568	568	substance under this chapter without registering with the Federal
569	569	Drug Enforcement Administration:
570	570	(1) an agent or employee of a manufacturer,
571	571	distributor, analyzer, or dispenser of the controlled substance who
572	572	is registered with the Federal Drug Enforcement Administration and
573	573	acting in the usual course of business or employment;
574	574	(2) a common or contract carrier, a warehouseman, or
575	575	an employee of a carrier or warehouseman whose possession of the
576	576	controlled substance is in the usual course of business or
577	577	employment;
578	578	(3) an ultimate user or a person in possession of the
579	579	controlled substance under a lawful order of a practitioner or in
580	580	lawful possession of the controlled substance if it is listed in
581	581	Schedule V;
582	582	(4) an officer or employee of this state, another
583	583	state, a political subdivision of this state or another state, or
584	584	the United States who is lawfully engaged in the enforcement of a
585	585	law relating to a controlled substance or drug or to a customs law
586	586	and authorized to possess the controlled substance in the discharge
587	587	of the person's official duties;
588	588	(5) if the substance is tetrahydrocannabinol or one of
589	589	its derivatives:
590	590	(A) a Health and Human Services Commission
591	591	[Department of State Health Services] official, a medical school
592	592	researcher, or a research program participant possessing the
593	593	substance as authorized under Subchapter G; or
594	594	(B) a practitioner or an ultimate user possessing
595	595	the substance as a participant in a federally approved therapeutic
596	596	research program that the commissioner has reviewed and found, in
597	597	writing, to contain a medically responsible research protocol; or
598	598	(6) a person possessing medical cannabis, as defined
599	599	by Section 169.001, Occupations Code, who is authorized to possess
600	600	medical cannabis [dispensing organization licensed] under Chapter
601	601	487 [that possesses low-THC cannabis].
602	602	SECTION 3.06. Sections 481.111(e) and (f), Health and
603	603	Safety Code, are amended to read as follows:
604	604	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
605	605	apply to a person who engages in the acquisition, possession,
606	606	production, cultivation, delivery, or disposal of a raw material
607	607	used in or by-product created by the production or cultivation of
608	608	medical [low-THC] cannabis if the person:
609	609	(1) for an offense involving possession only of
610	610	marihuana or drug paraphernalia, is a cardholder or nonresident
611	611	cardholder authorized under Chapter 487 to possess medical cannabis
612	612	for medical use by a qualifying patient [for whom low-THC cannabis
613	613	is prescribed under Chapter 169, Occupations Code, or the patient's
614	614	legal guardian,] and the person possesses no more than the
615	615	allowable amount of medical [low-THC] cannabis, as determined under
616	616	Section 487.081 [obtained under a valid prescription from a
617	617	dispensing organization]; or
618	618	(2) is a director, manager, or employee of a
619	619	dispensing organization or cannabis testing facility and the
620	620	person, solely in performing the person's regular duties at the
621	621	organization or facility, acquires, possesses, produces,
622	622	cultivates, dispenses, or disposes of:
623	623	(A) in reasonable quantities, any medical
624	624	[low-THC] cannabis or raw materials used in or by-products created
625	625	by the production or cultivation of medical [low-THC] cannabis; or
626	626	(B) any drug paraphernalia used in the
627	627	acquisition, possession, production, cultivation, delivery, or
628	628	disposal of medical [low-THC] cannabis.
629	629	(f) For purposes of Subsection (e):
630	630	(1) "Cannabis testing facility," "cardholder,"
631	631	"dispensing organization," and "nonresident cardholder" have the
632	632	meanings ["Dispensing organization" has the meaning] assigned by
633	633	Section 487.001.
634	634	(2) "Medical cannabis," "medical use," and
635	635	"qualifying patient" have the meanings ["Low-THC cannabis" has the
636	636	meaning] assigned by Section 169.001, Occupations Code.
637	637	SECTION 3.07. Section 551.004, Occupations Code, is amended
638	638	by amending Subsection (a) and adding Subsection (a-1) to read as
639	639	follows:
640	640	(a) This subtitle does not apply to:
641	641	(1) a practitioner licensed by the appropriate state
642	642	board who supplies a patient of the practitioner with a drug in a
643	643	manner authorized by state or federal law and who does not operate a
644	644	pharmacy for the retailing of prescription drugs;
645	645	(2) a member of the faculty of a college of pharmacy
646	646	recognized by the board who is a pharmacist and who performs the
647	647	pharmacist's services only for the benefit of the college;
648	648	(3) a person who procures prescription drugs for
649	649	lawful research, teaching, or testing and not for resale;
650	650	(4) a home and community support services agency that
651	651	possesses a dangerous drug as authorized by Section 142.0061,
652	652	142.0062, or 142.0063, Health and Safety Code; or
653	653	(5) a dispensing organization[, as defined by Section
654	654	487.001, Health and Safety Code,] that cultivates, processes, and
655	655	dispenses medical [low-THC] cannabis, as authorized by Chapter 487,
656	656	Health and Safety Code, to a cardholder or nonresident cardholder
657	657	[patient listed in the compassionate-use registry established
658	658	under that chapter].
659	659	(a-1) For purposes of Subsection (a)(5), "cardholder,"
660	660	"dispensing organization," and "nonresident cardholder" have the
661	661	meanings assigned by Section 487.001, Health and Safety Code.
662	662	ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
663	663	SECTION 4.01. Not later than October 1, 2021, the public
664	664	safety director of the Department of Public Safety shall adopt
665	665	rules as required to implement, administer, and enforce Chapter
666	666	487, Health and Safety Code, as amended by this Act, including rules
667	667	relating to adopting an application for a registry identification
668	668	card, as required by Section 487.056, Health and Safety Code, as
669	669	added by this Act.
670	670	SECTION 4.02. (a) A license to operate as a dispensing
671	671	organization issued under Chapter 487, Health and Safety Code,
672	672	before the effective date of this Act continues to be valid after
673	673	the effective date of this Act until that license expires.
674	674	(b) The registration of a director, manager, or employee of
675	675	a dispensing organization under Subchapter D, Chapter 487, Health
676	676	and Safety Code, continues to be valid after the effective date of
677	677	this Act until that registration expires.
678	678	(c) As soon as practicable after the effective date of this
679	679	Act, the Department of Public Safety shall issue compassionate-use
680	680	registry cards to all individuals listed on that registry on the
681	681	effective date of this Act.
682	682	SECTION 4.03. This Act takes effect immediately if it
683	683	receives a vote of two-thirds of all the members elected to each
684	684	house, as provided by Section 39, Article III, Texas Constitution.
685	685	If this Act does not receive the vote necessary for immediate
686	686	effect, this Act takes effect September 1, 2021.