By: Gutierrez S.B. No. 1972
A BILL TO BE ENTITLED
AN ACT
relating to the definition of marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.002 (26), Health & Safety Code, is
amended to read as follows:
(26) "Marihuana" means the plant Cannabis sativa L.,
whether growing or not, the seeds of that plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of that
plant or its seeds. The term includes edible marihuana products and
any compound used in e-cigarettes as defined by Section 161.081.
The term does not include:
(A) the resin extracted from a part of the plant
or a compound, manufacture, salt, derivative, mixture, or
preparation of the resin;
(B) the mature stalks of the plant or fiber
produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, fiber, oil, or cake;
(E) the sterilized seeds of the plant that are
incapable of beginning germination; or
(F) hemp, as that term is defined by Section
121.001, Agriculture Code.
SECTION 2. Section 481.111, Health & Safety Code, is
amended to read as follows:
Sec. 481.111. EXEMPTIONS. (a) The provisions of this
chapter relating to the possession and distribution of peyote do
not apply to the use of peyote by a member of the Native American
Church in bona fide religious ceremonies of the church or to a
person who supplies the substance to the church. An exemption
granted to a member of the Native American Church under this section
does not apply to a member with less than 25 percent Indian blood.
(b) The provisions of this chapter relating to the
possession of denatured sodium pentobarbital do not apply to
possession by personnel of a humane society or an animal control
agency for the purpose of destroying injured, sick, homeless, or
unwanted animals if the humane society or animal control agency is
registered with the Federal Drug Enforcement Administration. The
provisions of this chapter relating to the distribution of
denatured sodium pentobarbital do not apply to a person registered
as required by Subchapter C, who is distributing the substance for
that purpose to a humane society or an animal control agency
registered with the Federal Drug Enforcement Administration.
(c) A person does not violate Section 481.113, 481.116,
481.1161, 481.121, or 481.125 if the person possesses or delivers
tetrahydrocannabinols or their derivatives, or drug paraphernalia
to be used to introduce tetrahydrocannabinols or their derivatives
into the human body, for use in a federally approved therapeutic
research program.
(d) The provisions of this chapter relating to the
possession and distribution of anabolic steroids do not apply to
the use of anabolic steroids that are administered to livestock or
poultry.
(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
apply to a person who engages in the acquisition, possession,
production, cultivation, delivery, or disposal of a raw material
used in or by-product created by the production or cultivation of
low-THC cannabis if the person:
(1) for an offense involving possession only of
marihuana or drug paraphernalia, is a patient for whom low-THC
cannabis is prescribed under Chapter 169, Occupations Code, or the
patient's legal guardian, and the person possesses low-THC cannabis
obtained under a valid prescription from a dispensing organization;
or
(2) is a director, manager, or employee of a
dispensing organization and the person, solely in performing the
person's regular duties at the organization, acquires, possesses,
produces, cultivates, dispenses, or disposes of:
(A) in reasonable quantities, any low-THC
cannabis or raw materials used in or by-products created by the
production or cultivation of low-THC cannabis; or
(B) any drug paraphernalia used in the
acquisition, possession, production, cultivation, delivery, or
disposal of low-THC cannabis.
(f) For purposes of Subsection (e):
(1) "Dispensing organization" has the meaning
assigned by Section 487.001.
(2) "Low-THC cannabis" has the meaning assigned by
Section 169.001, Occupations Code.
(g) Sections 481.103 and 481.1031 do not apply to a
substance or material that contains Tetrahydrocannabinol or its
synthetic equivalents and is also contained in an edible product or
for use in an e-cigarette.
SECTION 3. This Act takes effect September 1, 2021.