Texas 2023 - 88th Regular

Texas House Bill HB1200 Compare Versions

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1	1	88R3684 JSC-F
2	2	By: Reynolds H.B. No. 1200
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 cannabis 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) "Designated caregiver" means a person who:
29	29	(A) is at least 21 years of age or a parent, legal
30	30	guardian, or conservator of a qualifying patient; and
31	31	(B) has significant responsibility for managing
32	32	the medical care of a qualifying patient listed on the
33	33	compassionate-use registry.
34	34	(6) [(2)] "Director" means the public safety director
35	35	of the department.
36	36	(7) [(3)] "Dispensing organization" means an
37	37	organization licensed by the department to cultivate, process, and
38	38	dispense medical [low-THC] cannabis to a patient for whom medical
39	39	use [low-THC cannabis] is recommended [prescribed] under Chapter
40	40	169, Occupations Code.
41	41	(8) "Drug paraphernalia" has the meaning assigned by
42	42	Section 481.002.
43	43	(9) "Nonresident cardholder" means a person who is not
44	44	a resident of this state and who:
45	45	(A) has been diagnosed with a debilitating
46	46	medical condition and issued a currently valid registry
47	47	identification card or the equivalent under the laws of another
48	48	state, district, territory, commonwealth, insular possession of
49	49	the United States, or country recognized by the United States, that
50	50	authorizes medical use by the person in the jurisdiction of
51	51	issuance; or
52	52	(B) is the parent, legal guardian, or conservator
53	53	of a person described by Paragraph (A).
54	54	(10) "Registered caregiver" means a designated
55	55	caregiver who has been issued a registry identification card
56	56	identifying the person as a registered caregiver of a qualifying
57	57	patient listed on the compassionate-use registry.
58	58	(11) "Registry identification card" means a document
59	59	issued by the department that identifies a person as:
60	60	(A) a qualifying patient listed on the
61	61	compassionate-use registry; or
62	62	(B) a registered caregiver of a qualifying
63	63	patient listed on the compassionate-use registry.
64	64	(12) "Written certification" means a document
65	65	produced under Section 169.002, Occupations Code.
66	66	[(4) "Low-THC cannabis" has the meaning assigned by
67	67	Section 169.001, Occupations Code.]
68	68	SECTION 1.02. Chapter 487, Health and Safety Code, is
69	69	amended by adding Subchapter A-1 to read as follows:
70	70	SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
71	71	Sec. 487.021. PROTECTION FROM LEGAL ACTION. (a) This
72	72	section applies to a person who is:
73	73	(1) a cardholder;
74	74	(2) a nonresident cardholder;
75	75	(3) a dispensing organization;
76	76	(4) a cannabis testing facility; or
77	77	(5) a director, manager, or employee of a dispensing
78	78	organization or of a cannabis testing facility who is registered
79	79	with the department under Section 487.053.
80	80	(b) Notwithstanding any other law, a person described by
81	81	Subsection (a) is not subject to arrest, prosecution, or penalty in
82	82	any manner, or denial of any right or privilege, including any civil
83	83	penalty or disciplinary action by a court or occupational or
84	84	professional licensing board or bureau, for conduct involving
85	85	medical use that is authorized under this chapter, department rule,
86	86	or Chapter 169, Occupations Code.
87	87	Sec. 487.022. NO PRESUMPTION OF CHILD ABUSE, NEGLECT, OR
88	88	ENDANGERMENT. A person described by Section 487.021(a) may not be
89	89	presumed to have engaged in conduct constituting child abuse,
90	90	neglect, or endangerment solely because the person engaged in
91	91	conduct involving medical use that is authorized under this
92	92	chapter, department rule, or Chapter 169, Occupations Code.
93	93	Sec. 487.023. NO DENIAL OF PARENTAL RIGHTS. The fact that a
94	94	person described by Section 487.021(a) engages in conduct
95	95	authorized under this chapter, department rule, or Chapter 169,
96	96	Occupations Code, does not in itself constitute grounds for
97	97	denying, limiting, or restricting conservatorship or possession of
98	98	or access to a child under Title 5, Family Code.
99	99	Sec. 487.024. NO SEIZURE OR FORFEITURE. Property used in
100	100	the cultivation, distribution, transportation, and delivery of
101	101	medical cannabis for medical use that is authorized under this
102	102	chapter, department rule, or Chapter 169, Occupations Code, is not
103	103	contraband for purposes of Chapter 59, Code of Criminal Procedure,
104	104	and is not subject to seizure or forfeiture under that chapter or
105	105	other law solely for the use of the property in those authorized
106	106	activities.
107	107	Sec. 487.025. NO PROSECUTION FOR PROVISION OF
108	108	PARAPHERNALIA. A person is not subject to arrest, prosecution, or
109	109	the imposition of any sentence or penalty for the delivery,
110	110	possession with intent to deliver, or manufacture of any item that
111	111	meets the definition of drug paraphernalia, if that item is
112	112	delivered, possessed with intent to deliver, or manufactured for
113	113	the sole purpose of providing that item to a cardholder or
114	114	nonresident cardholder for medical use under this chapter,
115	115	department rule, or Chapter 169, Occupations Code.
116	116	SECTION 1.03. Section 487.052, Health and Safety Code, is
117	117	amended to read as follows:
118	118	Sec. 487.052. RULES. (a) The director shall adopt any
119	119	rules necessary for the administration and enforcement of this
120	120	chapter.
121	121	(b) The director shall adopt reasonable [, including] rules
122	122	imposing fees under this chapter in amounts sufficient to cover the
123	123	cost of administering this chapter. Fees collected under a rule
124	124	adopted under this chapter may be used only for the administration
125	125	of this chapter.
126	126	(c) The director shall adopt rules in accordance with
127	127	Section 487.081 governing the allowable amount of medical cannabis
128	128	a cardholder or nonresident cardholder may possess for medical use
129	129	by a qualifying patient.
130	130	(d) The director by rule shall adopt labeling requirements
131	131	for medical cannabis.
132	132	(e) The director shall adopt rules establishing security
133	133	requirements concerning the cultivation of medical cannabis by a
134	134	cardholder.
135	135	(f) The director shall adopt reasonable rules governing
136	136	access to medical cannabis by nonresident cardholders.
137	137	SECTION 1.04. The heading to Section 487.053, Health and
138	138	Safety Code, is amended to read as follows:
139	139	Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND
140	140	CANNABIS TESTING FACILITIES; REGISTRATION OF CERTAIN ASSOCIATED
141	141	INDIVIDUALS.
142	142	SECTION 1.05. Section 487.053(a), Health and Safety Code,
143	143	is amended to read as follows:
144	144	(a) The department shall:
145	145	(1) issue or renew a license to operate as:
146	146	(A) a dispensing organization to each applicant
147	147	who satisfies the requirements established under this chapter for
148	148	licensure as a dispensing organization; and
149	149	(B) a cannabis testing facility to each applicant
150	150	who satisfies the requirements established under this chapter for
151	151	licensure as a cannabis testing facility; and
152	152	(2) register directors, managers, and employees of
153	153	each:
154	154	(A) dispensing organization; and
155	155	(B) cannabis testing facility.
156	156	SECTION 1.06. Section 487.054, Health and Safety Code, is
157	157	amended to read as follows:
158	158	Sec. 487.054. COMPASSIONATE-USE REGISTRY. (a) The
159	159	department shall establish and maintain a secure online
160	160	compassionate-use registry that contains:
161	161	(1) the name of each individual who is issued a
162	162	registry identification card and each nonresident cardholder who
163	163	receives medical cannabis from a dispensing organization;
164	164	(2) the name of each medical practitioner who
165	165	recommends medical use to a qualifying patient and [physician who
166	166	registers as the prescriber for a patient under Section 169.004,
167	167	Occupations Code,] the name and date of birth of that [the]
168	168	patient[, the dosage prescribed, the means of administration
169	169	ordered, and the total amount of low-THC cannabis required to fill
170	170	the patient's prescription]; and
171	171	(3) [(2)] a record of each amount of medical [low-THC]
172	172	cannabis dispensed by a dispensing organization to a cardholder or
173	173	nonresident cardholder [patient under a prescription].
174	174	(b) The department shall ensure the registry:
175	175	(1) is designed to prevent more than one medical
176	176	practitioner [qualified physician] from registering as the
177	177	recommending medical practitioner [prescriber] for a single
178	178	patient; and
179	179	(2) is accessible to law enforcement agencies and
180	180	dispensing organizations for the purpose of verifying whether a
181	181	person is authorized under this chapter to receive medical cannabis
182	182	[patient is one for whom low-THC cannabis is prescribed and whether
183	183	the patient's prescriptions have been filled; and
184	184	[(3) allows a physician qualified to prescribe low-THC
185	185	cannabis under Section 169.002, Occupations Code, to input safety
186	186	and efficacy data derived from the treatment of patients for whom
187	187	low-THC cannabis is prescribed under Chapter 169, Occupations
188	188	Code].
189	189	SECTION 1.07. Subchapter B, Chapter 487, Health and Safety
190	190	Code, is amended by adding Sections 487.055 and 487.056 to read as
191	191	follows:
192	192	Sec. 487.055. LICENSING AND REGULATION OF CANNABIS TESTING
193	193	FACILITIES. The director shall adopt all rules necessary for:
194	194	(1) the licensing and regulation of cannabis testing
195	195	facilities and the directors, managers, and employees of those
196	196	facilities;
197	197	(2) the operation of cannabis testing facilities; and
198	198	(3) the testing of the safety and potency of medical
199	199	cannabis.
200	200	Sec. 487.056. APPLICATION FOR REGISTRY IDENTIFICATION
201	201	CARD. (a) The director by rule shall adopt an application for a
202	202	registry identification card:
203	203	(1) for a qualifying patient; and
204	204	(2) for a designated caregiver.
205	205	(b) An applicant for a registry identification card must
206	206	submit to the department:
207	207	(1) the application adopted under Subsection (a);
208	208	(2) a written certification that was issued within the
209	209	90 days preceding the date of application and that affirms that
210	210	medical use is recommended for the qualifying patient;
211	211	(3) the application fee prescribed by department rule;
212	212	and
213	213	(4) any other forms developed by the director for
214	214	submission with the application.
215	215	(c) The department shall issue a registry identification
216	216	card to an applicant who is a qualifying patient or the designated
217	217	caregiver of a qualifying patient not later than the 25th day after
218	218	the date the application is submitted.
219	219	SECTION 1.08. Chapter 487, Health and Safety Code, is
220	220	amended by adding Subchapter B-1 to read as follows:
221	221	SUBCHAPTER B-1. ALLOWABLE AMOUNT OF MEDICAL CANNABIS AND ACCESS TO
222	222	MEDICAL CANNABIS
223	223	Sec. 487.081. ALLOWABLE AMOUNT OF MEDICAL CANNABIS. (a) A
224	224	cardholder or nonresident cardholder may possess for medical use by
225	225	the qualifying patient no more than the allowable amount of medical
226	226	cannabis for that qualifying patient, as provided by this section
227	227	and department rule.
228	228	(b) The director by rule shall specify the maximum number of
229	229	cannabis plants that may be cultivated or possessed for medical use
230	230	by a qualifying patient, which may not be fewer than six cannabis
231	231	plants. The amount of medical cannabis, edible products that
232	232	contain medical cannabis, or products infused with medical cannabis
233	233	that are produced from the allowable number of cannabis plants may
234	234	be possessed for medical use by a cardholder or nonresident
235	235	cardholder on the site where those plants are cultivated,
236	236	regardless of whether the amount possessed on that site exceeds the
237	237	quantity otherwise provided as the allowable amount of medical
238	238	cannabis for the qualifying patient by a rule adopted under this
239	239	section.
240	240	(c) The director by rule shall specify the maximum quantity
241	241	of medical cannabis other than cannabis plants, edible products
242	242	that contain medical cannabis, or products infused with medical
243	243	cannabis, that, except as otherwise provided by Subsection (b) or
244	244	(e), may be possessed by a cardholder or nonresident cardholder for
245	245	medical use by a qualifying patient, which may not be less than 2.5
246	246	ounces.
247	247	(d) The director by rule shall specify the maximum quantity
248	248	of edible products that contain medical cannabis or products
249	249	infused with medical cannabis that, except as otherwise provided by
250	250	Subsection (b) or (e), may be possessed by a cardholder or
251	251	nonresident cardholder for medical use by a qualifying patient.
252	252	(e) If a medical practitioner recommends in the qualifying
253	253	patient's written certification a different amount of medical
254	254	cannabis than the amount provided by rule adopted under this
255	255	section, the amount recommended by the written certification is the
256	256	allowable amount of medical cannabis for that qualifying patient.
257	257	Sec. 487.082. ACCESS TO MEDICAL CANNABIS BEFORE REGISTRY
258	258	IDENTIFICATION CARD ISSUED. An applicant for a registry
259	259	identification card may receive medical cannabis from a dispensing
260	260	organization before the department issues a registry
261	261	identification card on providing:
262	262	(1) proof that the application was submitted to the
263	263	department and any application fees were paid; and
264	264	(2) a copy of the applicant's written certification.
265	265	Sec. 487.083. ACCESS TO MEDICAL CANNABIS BEFORE DECEMBER 1,
266	266	2023. (a) On or before December 1, 2023, notwithstanding a
267	267	contrary provision of this chapter, a qualifying patient or a
268	268	caregiver with significant responsibility for managing the
269	269	well-being of a qualifying patient may obtain medical cannabis from
270	270	a dispensing organization on providing:
271	271	(1) for a qualifying patient, a copy of the qualifying
272	272	patient's written certification; or
273	273	(2) for a caregiver of the qualifying patient:
274	274	(A) a copy of the qualifying patient's written
275	275	certification; and
276	276	(B) an affidavit stating:
277	277	(i) that the caregiver is the qualifying
278	278	patient's parent or guardian; or
279	279	(ii) that the caregiver has significant
280	280	responsibility for managing the well-being of the qualifying
281	281	patient and that is signed by the qualifying patient or the
282	282	qualifying patient's parent or guardian, if the qualifying patient
283	283	is a minor.
284	284	(b) This section expires December 1, 2023.
285	285	SECTION 1.09. Section 487.102, Health and Safety Code, is
286	286	amended to read as follows:
287	287	Sec. 487.102. ELIGIBILITY FOR LICENSE. An applicant for a
288	288	license to operate as a dispensing organization is eligible for the
289	289	license if:
290	290	(1) as determined by the department, the applicant
291	291	possesses:
292	292	(A) the technical and technological ability to
293	293	cultivate and produce medical [low-THC] cannabis;
294	294	(B) the ability to secure:
295	295	(i) the resources and personnel necessary
296	296	to operate as a dispensing organization; and
297	297	(ii) premises reasonably located to allow
298	298	patients listed on the compassionate-use registry access to the
299	299	organization through existing infrastructure;
300	300	(C) the ability to maintain accountability for
301	301	the raw materials, the finished product, and any by-products used
302	302	or produced in the cultivation or production of medical [low-THC]
303	303	cannabis to prevent unlawful access to or unlawful diversion or
304	304	possession of those materials, products, or by-products; and
305	305	(D) the financial ability to maintain operations
306	306	for not less than two years from the date of application;
307	307	(2) each director, manager, or employee of the
308	308	applicant is registered under Subchapter D; and
309	309	(3) the applicant satisfies any additional criteria
310	310	determined by the director to be necessary to safely implement this
311	311	chapter.
312	312	SECTION 1.10. Subchapter C, Chapter 487, Health and Safety
313	313	Code, is amended by adding Section 487.1025 to read as follows:
314	314	Sec. 487.1025. ANNUAL LICENSE FEE. The director shall
315	315	charge an annual license fee set initially by the director in an
316	316	amount not to exceed $5,000. The director shall annually adjust for
317	317	inflation the annual license fee.
318	318	SECTION 1.11. Section 487.103, Health and Safety Code, is
319	319	amended by adding Subsection (a-1) to read as follows:
320	320	(a-1) The director shall set the application fee charged
321	321	under Subsection (a) initially in an amount not to exceed $2,500.
322	322	The director shall annually adjust for inflation the application
323	323	fee.
324	324	SECTION 1.12. Section 487.104(a), Health and Safety Code,
325	325	is amended to read as follows:
326	326	(a) The department shall issue or renew a license to operate
327	327	as a dispensing organization only if:
328	328	(1) the department determines the applicant meets the
329	329	eligibility requirements described by Section 487.102; and
330	330	(2) issuance or renewal of the license is necessary to
331	331	ensure reasonable statewide access to, and the availability of,
332	332	medical [low-THC] cannabis for patients registered in the
333	333	compassionate-use registry and for whom medical [low-THC] cannabis
334	334	is recommended [prescribed] under Chapter 169, Occupations Code.
335	335	SECTION 1.13. Section 487.107, Health and Safety Code, is
336	336	amended to read as follows:
337	337	Sec. 487.107. DUTIES RELATING TO DISPENSING MEDICAL
338	338	CANNABIS [PRESCRIPTION]. (a) Before dispensing medical [low-THC]
339	339	cannabis to a person authorized under this chapter to receive
340	340	medical [for whom the low-THC] cannabis [is prescribed under
341	341	Chapter 169, Occupations Code], the dispensing organization must
342	342	verify that [the prescription presented]:
343	343	(1) the person receiving the medical cannabis is [for]
344	344	a cardholder [person] listed [as a patient] in the
345	345	compassionate-use registry or a nonresident cardholder;
346	346	(2) the medical cannabis, including any edible
347	347	products that contain medical cannabis and any products infused
348	348	with medical cannabis, has been properly tested and properly
349	349	labeled in accordance with standards established by the department
350	350	[matches the entry in the compassionate-use registry with respect
351	351	to the total amount of low-THC cannabis required to fill the
352	352	prescription]; and
353	353	(3) the amount of medical cannabis dispensed to the
354	354	person would not cause the person to possess more than the allowable
355	355	amount of medical cannabis for the qualifying patient, as
356	356	determined under Section 487.081 [has not previously been filled by
357	357	a dispensing organization as indicated by an entry in the
358	358	compassionate-use registry].
359	359	(b) After dispensing medical [low-THC] cannabis to a
360	360	cardholder or nonresident cardholder [patient for whom the low-THC
361	361	cannabis is prescribed under Chapter 169, Occupations Code], the
362	362	dispensing organization shall record in the compassionate-use
363	363	registry the name and address of the individual to whom the medical
364	364	cannabis is dispensed, the form and quantity of medical [low-THC]
365	365	cannabis dispensed, and the date and time of dispensation.
366	366	SECTION 1.14. Section 487.108(c), Health and Safety Code,
367	367	is amended to read as follows:
368	368	(c) After suspending or revoking a license issued under this
369	369	chapter, the director may seize or place under seal all medical
370	370	[low-THC] cannabis and drug paraphernalia owned or possessed by the
371	371	dispensing organization. If the director orders the revocation of
372	372	the license, a disposition may not be made of the seized or sealed
373	373	medical [low-THC] cannabis or drug paraphernalia until the time for
374	374	administrative appeal of the order has elapsed or until all appeals
375	375	have been concluded. When a revocation order becomes final, all
376	376	medical [low-THC] cannabis and drug paraphernalia may be forfeited
377	377	to the state as provided under Subchapter E, Chapter 481.
378	378	SECTION 1.15. Section 487.151, Health and Safety Code, is
379	379	amended by adding Subsection (a-1) to read as follows:
380	380	(a-1) An individual who is a director, manager, or employee
381	381	of a cannabis testing facility must apply for and obtain a
382	382	registration under this section.
383	383	SECTION 1.16. Section 487.201, Health and Safety Code, is
384	384	amended to read as follows:
385	385	Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT
386	386	MEDICAL [LOW-THC] CANNABIS. A municipality, county, or other
387	387	political subdivision may not enact, adopt, or enforce a rule,
388	388	ordinance, order, resolution, or other regulation that prohibits
389	389	the cultivation, production, dispensing, or possession of medical
390	390	[low-THC] cannabis, as authorized by this chapter.
391	391	SECTION 1.17. Subchapter F, Chapter 487, Health and Safety
392	392	Code, is repealed.
393	393	ARTICLE 2. AMENDMENTS TO CHAPTER 169, OCCUPATIONS CODE
394	394	SECTION 2.01. The heading to Chapter 169, Occupations Code,
395	395	is amended to read as follows:
396	396	CHAPTER 169. AUTHORITY TO RECOMMEND MEDICAL [PRESCRIBE LOW-THC]
397	397	CANNABIS TO CERTAIN PATIENTS FOR COMPASSIONATE USE
398	398	SECTION 2.02. Sections 169.001, 169.0011, 169.002, and
399	399	169.004, Occupations Code, are amended to read as follows:
400	400	Sec. 169.001. DEFINITIONS. In this chapter:
401	401	(1) "Debilitating medical condition" means:
402	402	(A) cancer, glaucoma, positive status for human
403	403	immunodeficiency virus, acquired immune deficiency syndrome,
404	404	hepatitis C, amyotrophic lateral sclerosis, Crohn's disease,
405	405	ulcerative colitis, agitation of Alzheimer's disease,
406	406	post-traumatic stress disorder, autism, sickle cell anemia, severe
407	407	fibromyalgia, spinal cord disease, spinal cord injury, traumatic
408	408	brain injury or post-concussion syndrome, chronic traumatic
409	409	encephalopathy, Parkinson's disease, muscular dystrophy,
410	410	Huntington's disease, or an incurable neurodegenerative disease;
411	411	(B) a chronic medical condition that produces, or
412	412	the treatment of a chronic medical condition that produces:
413	413	(i) cachexia or wasting syndrome;
414	414	(ii) severe pain;
415	415	(iii) severe nausea;
416	416	(iv) seizures, including those
417	417	characteristic of epilepsy; or
418	418	(v) spasticity or severe and persistent
419	419	muscle spasms, including those characteristic of multiple
420	420	sclerosis; or
421	421	(C) any other medical condition approved as a
422	422	debilitating medical condition by department rule or any symptom
423	423	caused by the treatment of a medical condition that is approved as a
424	424	debilitating medical condition by department rule.
425	425	(2) "Department" means the Department of Public
426	426	Safety.
427	427	(3) [(1-a)] "Incurable neurodegenerative disease"
428	428	means a disease designated as an incurable neurodegenerative
429	429	disease by rule of the executive commissioner of the Health and
430	430	Human Services Commission, adopted in consultation with the
431	431	National Institutes of Health.
432	432	(4) "Medical [(3) "Low-THC] cannabis" means the
433	433	plant Cannabis sativa L., and any part of that plant or any
434	434	compound, manufacture, salt, derivative, mixture, preparation,
435	435	resin, or oil of that plant [that contains not more than one percent
436	436	by weight of tetrahydrocannabinols].
437	437	(5) "Medical practitioner" means:
438	438	(A) a licensed physician;
439	439	(B) an advanced practice registered nurse who has
440	440	been delegated prescriptive authority in accordance with
441	441	Subchapter B, Chapter 157; or
442	442	(C) a physician assistant who has been delegated
443	443	prescriptive authority in accordance with Subchapter B, Chapter
444	444	157.
445	445	(6) [(4)] "Medical use" means the ingestion [by a
446	446	means of administration other than by smoking] of medical [a
447	447	prescribed amount of low-THC] cannabis by a qualifying patient to
448	448	treat or alleviate the patient's debilitating medical condition
449	449	[person for whom low-THC cannabis is prescribed under this
450	450	chapter].
451	451	(7) "Qualifying patient" means a person who has been
452	452	diagnosed with a debilitating medical condition by a medical
453	453	practitioner [(5) "Smoking" means burning or igniting a substance
454	454	and inhaling the smoke].
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
482	482	physician qualified with respect to a patient's particular medical
483	483	condition as provided by this section may prescribe low-THC
484	484	cannabis in accordance with this chapter to treat the applicable
485	485	medical 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
491	491	relevant to the treatment of the patient's particular medical
492	492	condition by a specialty board approved by the American Board of
493	493	Medical 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	[(c) A physician is qualified to prescribe low-THC cannabis
498	498	for the treatment of a patient with a medical condition approved by
499	499	rule of the executive commissioner of the Health and Human Services
500	500	Commission for treatment in an approved research program conducted
501	501	under Subchapter F, Chapter 487, Health and Safety Code, if the
502	502	physician is:
503	503	[(1) licensed under this subtitle; and
504	504	[(2) certified by a compassionate-use institutional
505	505	review board created under Section 487.253, Health and Safety Code,
506	506	that oversees patient treatment undertaken as part of that approved
507	507	research program.]
508	508	Sec. 169.004. [LOW-THC CANNABIS PRESCRIBER] REGISTRATION
509	509	OF RECOMMENDING MEDICAL PRACTITIONERS. (a) Before a medical
510	510	practitioner [physician qualified to prescribe low-THC cannabis
511	511	under Section 169.002] may recommend medical use [prescribe or
512	512	renew a prescription for low-THC cannabis] for a qualifying patient
513	513	under this chapter, the practitioner [physician] must register as
514	514	the recommending medical practitioner [prescriber] for that
515	515	patient in the compassionate-use registry maintained by the
516	516	department under Section 487.054, Health and Safety Code. The
517	517	medical practitioner's [physician's] registration must indicate:
518	518	(1) the medical practitioner's [physician's] name; and
519	519	(2) the qualifying patient's name and date of birth[;
520	520	[(3) the dosage prescribed to the patient;
521	521	[(4) the means of administration ordered for the
522	522	patient; and
523	523	[(5) the total amount of low-THC cannabis required to
524	524	fill the patient's prescription].
525	525	(b) The department may not publish the name of a medical
526	526	practitioner [physician] registered under this section unless
527	527	permission is expressly granted by the medical practitioner
528	528	[physician].
529	529	SECTION 2.03. Sections 169.003 and 169.005, Occupations
530	530	Code, are repealed.
531	531	ARTICLE 3. CONFORMING AMENDMENTS
532	532	SECTION 3.01. Section 161.001(c), Family Code, as amended
533	533	by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
534	534	Legislature, Regular Session, 2021, is reenacted and amended to
535	535	read as follows:
536	536	(c) Evidence of one or more of the following does not
537	537	constitute clear and convincing evidence sufficient for a court to
538	538	make a finding under Subsection (b) and order termination of the
539	539	parent-child relationship:
540	540	(1) the parent homeschooled the child;
541	541	(2) the parent is economically disadvantaged;
542	542	(3) the parent has been charged with a nonviolent
543	543	misdemeanor offense other than:
544	544	(A) an offense under Title 5, Penal Code;
545	545	(B) an offense under Title 6, Penal Code; or
546	546	(C) an offense that involves family violence, as
547	547	defined by Section 71.004 of this code;
548	548	(4) the parent provided or administered medical
549	549	[low-THC] cannabis to a child for whom the medical [low-THC]
550	550	cannabis was recommended [prescribed] under Chapter 169,
551	551	Occupations Code;
552	552	(5) the parent declined immunization for the child for
553	553	reasons of conscience, including a religious belief; [or]
554	554	(6) the parent sought an opinion from more than one
555	555	medical provider relating to the child's medical care, transferred
556	556	the child's medical care to a new medical provider, or transferred
557	557	the child to another health care facility; or
558	558	(7) [(6)] the parent allowed the child to engage in
559	559	independent activities that are appropriate and typical for the
560	560	child's level of maturity, physical condition, developmental
561	561	abilities, or culture.
562	562	SECTION 3.02. Section 262.116(a), Family Code, as amended
563	563	by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
564	564	Legislature, Regular Session, 2021, is reenacted and amended to
565	565	read as follows:
566	566	(a) The Department of Family and Protective Services may not
567	567	take possession of a child under this subchapter based on evidence
568	568	that the parent:
569	569	(1) homeschooled the child;
570	570	(2) is economically disadvantaged;
571	571	(3) has been charged with a nonviolent misdemeanor
572	572	offense other than:
573	573	(A) an offense under Title 5, Penal Code;
574	574	(B) an offense under Title 6, Penal Code; or
575	575	(C) an offense that involves family violence, as
576	576	defined by Section 71.004 of this code;
577	577	(4) provided or administered medical [low-THC]
578	578	cannabis to a child for whom the medical [low-THC] cannabis was
579	579	recommended [prescribed] under Chapter 169, Occupations Code;
580	580	(5) declined immunization for the child for reasons of
581	581	conscience, including a religious belief; [or]
582	582	(6) sought an opinion from more than one medical
583	583	provider relating to the child's medical care, transferred the
584	584	child's medical care to a new medical provider, or transferred the
585	585	child to another health care facility;
586	586	(7) [(6)] allowed the child to engage in independent
587	587	activities that are appropriate and typical for the child's level
588	588	of maturity, physical condition, developmental abilities, or
589	589	culture; or
590	590	(8) [(7)] tested positive for marihuana, unless the
591	591	department has evidence that the parent's use of marihuana has
592	592	caused significant impairment to the child's physical or mental
593	593	health or emotional development.
594	594	SECTION 3.03. Section 443.202(a), Health and Safety Code,
595	595	is amended to read as follows:
596	596	(a) This section does not apply to medical [low-THC]
597	597	cannabis regulated under Chapter 487.
598	598	SECTION 3.04. Section 443.2025(a), Health and Safety Code,
599	599	is amended to read as follows:
600	600	(a) This section does not apply to medical [low-THC]
601	601	cannabis regulated under Chapter 487.
602	602	SECTION 3.05. Section 481.062(a), Health and Safety Code,
603	603	is amended to read as follows:
604	604	(a) The following persons may possess a controlled
605	605	substance under this chapter without registering with the Federal
606	606	Drug Enforcement Administration:
607	607	(1) an agent or employee of a manufacturer,
608	608	distributor, analyzer, or dispenser of the controlled substance who
609	609	is registered with the Federal Drug Enforcement Administration and
610	610	acting in the usual course of business or employment;
611	611	(2) a common or contract carrier, a warehouseman, or
612	612	an employee of a carrier or warehouseman whose possession of the
613	613	controlled substance is in the usual course of business or
614	614	employment;
615	615	(3) an ultimate user or a person in possession of the
616	616	controlled substance under a lawful order of a practitioner or in
617	617	lawful possession of the controlled substance if it is listed in
618	618	Schedule V;
619	619	(4) an officer or employee of this state, another
620	620	state, a political subdivision of this state or another state, or
621	621	the United States who is lawfully engaged in the enforcement of a
622	622	law relating to a controlled substance or drug or to a customs law
623	623	and authorized to possess the controlled substance in the discharge
624	624	of the person's official duties;
625	625	(5) if the substance is tetrahydrocannabinol or one of
626	626	its derivatives:
627	627	(A) a Health and Human Services Commission
628	628	[Department of State Health Services] official, a medical school
629	629	researcher, or a research program participant possessing the
630	630	substance as authorized under Subchapter G; or
631	631	(B) a practitioner or an ultimate user possessing
632	632	the substance as a participant in a federally approved therapeutic
633	633	research program that the commissioner has reviewed and found, in
634	634	writing, to contain a medically responsible research protocol; or
635	635	(6) a person possessing medical cannabis, as defined
636	636	by Section 169.001, Occupations Code, who is authorized to possess
637	637	medical cannabis [dispensing organization licensed] under Chapter
638	638	487 [that possesses low-THC cannabis].
639	639	SECTION 3.06. Sections 481.111(e) and (f), Health and
640	640	Safety Code, are amended to read as follows:
641	641	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
642	642	apply to a person who engages in the acquisition, possession,
643	643	production, cultivation, delivery, or disposal of a raw material
644	644	used in or by-product created by the production or cultivation of
645	645	medical [low-THC] cannabis if the person:
646	646	(1) for an offense involving possession only of
647	647	marihuana or drug paraphernalia, is a cardholder or nonresident
648	648	cardholder authorized under Chapter 487 to possess medical cannabis
649	649	for medical use by a qualifying patient [for whom low-THC cannabis
650	650	is prescribed under Chapter 169, Occupations Code, or the patient's
651	651	legal guardian,] and the person possesses no more than the
652	652	allowable amount of medical [low-THC] cannabis, as determined under
653	653	Section 487.081 [obtained under a valid prescription from a
654	654	dispensing organization]; or
655	655	(2) is a director, manager, or employee of a
656	656	dispensing organization or cannabis testing facility and the
657	657	person, solely in performing the person's regular duties at the
658	658	organization or facility, acquires, possesses, produces,
659	659	cultivates, dispenses, or disposes of:
660	660	(A) in reasonable quantities, any medical
661	661	[low-THC] cannabis or raw materials used in or by-products created
662	662	by the production or cultivation of medical [low-THC] cannabis; or
663	663	(B) any drug paraphernalia used in the
664	664	acquisition, possession, production, cultivation, delivery, or
665	665	disposal of medical [low-THC] cannabis.
666	666	(f) For purposes of Subsection (e):
667	667	(1) "Cannabis testing facility," "cardholder,"
668	668	"dispensing organization," and "nonresident cardholder" have the
669	669	meanings ["Dispensing organization" has the meaning] assigned by
670	670	Section 487.001.
671	671	(2) "Medical cannabis," "medical use," and
672	672	"qualifying patient" have the meanings ["Low-THC cannabis" has the
673	673	meaning] assigned by Section 169.001, Occupations Code.
674	674	SECTION 3.07. Section 551.004, Occupations Code, is amended
675	675	by amending Subsection (a) and adding Subsection (a-1) to read as
676	676	follows:
677	677	(a) This subtitle does not apply to:
678	678	(1) a practitioner licensed by the appropriate state
679	679	board who supplies a patient of the practitioner with a drug in a
680	680	manner authorized by state or federal law and who does not operate a
681	681	pharmacy for the retailing of prescription drugs;
682	682	(2) a member of the faculty of a college of pharmacy
683	683	recognized by the board who is a pharmacist and who performs the
684	684	pharmacist's services only for the benefit of the college;
685	685	(3) a person who procures prescription drugs for
686	686	lawful research, teaching, or testing and not for resale;
687	687	(4) a home and community support services agency that
688	688	possesses a dangerous drug as authorized by Section 142.0061,
689	689	142.0062, or 142.0063, Health and Safety Code; or
690	690	(5) a dispensing organization[, as defined by Section
691	691	487.001, Health and Safety Code,] that cultivates, processes, and
692	692	dispenses medical [low-THC] cannabis, as authorized by Chapter 487,
693	693	Health and Safety Code, to a cardholder or nonresident cardholder
694	694	[patient listed in the compassionate-use registry established
695	695	under that chapter].
696	696	(a-1) For purposes of Subsection (a)(5), "cardholder,"
697	697	"dispensing organization," and "nonresident cardholder" have the
698	698	meanings assigned by Section 487.001, Health and Safety Code.
699	699	ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
700	700	SECTION 4.01. Not later than October 1, 2023, the public
701	701	safety director of the Department of Public Safety shall adopt
702	702	rules as required to implement, administer, and enforce Chapter
703	703	487, Health and Safety Code, as amended by this Act, including rules
704	704	relating to adopting an application for a registry identification
705	705	card, as required by Section 487.056, Health and Safety Code, as
706	706	added by this Act.
707	707	SECTION 4.02. (a) A license to operate as a dispensing
708	708	organization issued under Chapter 487, Health and Safety Code,
709	709	before the effective date of this Act continues to be valid after
710	710	the effective date of this Act until that license expires.
711	711	(b) The registration of a director, manager, or employee of
712	712	a dispensing organization under Subchapter D, Chapter 487, Health
713	713	and Safety Code, continues to be valid after the effective date of
714	714	this Act until that registration expires.
715	715	(c) As soon as practicable after the effective date of this
716	716	Act, the Department of Public Safety shall issue compassionate-use
717	717	registry cards to all individuals listed on that registry on the
718	718	effective date of this Act.
719	719	SECTION 4.03. To the extent of any conflict, this Act
720	720	prevails over another Act of the 88th Legislature, Regular Session,
721	721	2023, relating to nonsubstantive additions to and corrections in
722	722	enacted codes.
723	723	SECTION 4.04. This Act takes effect immediately if it
724	724	receives a vote of two-thirds of all the members elected to each
725	725	house, as provided by Section 39, Article III, Texas Constitution.
726	726	If this Act does not receive the vote necessary for immediate
727	727	effect, this Act takes effect September 1, 2023.