| 1 | 1 | | 88R19088 CJD-D |
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| 2 | 2 | | By: Klick, Oliverson, Howard, Jetton, Lalani, H.B. No. 1805 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the medical use of low-THC cannabis by patients with |
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| 9 | 9 | | certain medical conditions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 169.001(3), Occupations Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (3) "Low-THC cannabis" means the plant Cannabis sativa |
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| 14 | 14 | | L., and any part of that plant or any compound, manufacture, salt, |
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| 15 | 15 | | derivative, mixture, preparation, resin, or oil of that plant that |
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| 16 | 16 | | contains not more than 10 milligrams [one percent by weight] of |
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| 17 | 17 | | tetrahydrocannabinols in each dosage unit. |
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| 18 | 18 | | SECTION 2. Section 169.003, Occupations Code, is amended to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | Sec. 169.003. PRESCRIPTION OF LOW-THC CANNABIS. (a) A |
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| 21 | 21 | | physician described by Section 169.002 may prescribe low-THC |
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| 22 | 22 | | cannabis to a patient if: |
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| 23 | 23 | | (1) the patient is a permanent resident of the state; |
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| 24 | 24 | | (2) the physician complies with the registration |
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| 25 | 25 | | requirements of Section 169.004; and |
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| 26 | 26 | | (3) the physician certifies to the department that: |
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| 27 | 27 | | (A) the patient is diagnosed with: |
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| 28 | 28 | | (i) epilepsy; |
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| 29 | 29 | | (ii) a seizure disorder; |
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| 30 | 30 | | (iii) multiple sclerosis; |
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| 31 | 31 | | (iv) spasticity; |
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| 32 | 32 | | (v) amyotrophic lateral sclerosis; |
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| 33 | 33 | | (vi) autism; |
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| 34 | 34 | | (vii) cancer; |
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| 35 | 35 | | (viii) an incurable neurodegenerative |
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| 36 | 36 | | disease; |
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| 37 | 37 | | (ix) post-traumatic stress disorder; [or] |
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| 38 | 38 | | (x) a condition that causes chronic pain, |
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| 39 | 39 | | for which a physician would otherwise prescribe an opioid; |
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| 40 | 40 | | (xi) a medical condition that is approved |
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| 41 | 41 | | for a research program under Subchapter F, Chapter 487, Health and |
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| 42 | 42 | | Safety Code, and for which the patient is receiving treatment under |
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| 43 | 43 | | that program; or |
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| 44 | 44 | | (xii) a debilitating medical condition |
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| 45 | 45 | | designated by the Department of State Health Services under |
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| 46 | 46 | | Subsection (b); and |
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| 47 | 47 | | (B) the physician determines the risk of the |
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| 48 | 48 | | medical use of low-THC cannabis by the patient is reasonable in |
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| 49 | 49 | | light of the potential benefit for the patient. |
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| 50 | 50 | | (b) The Department of State Health Services by rule may |
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| 51 | 51 | | designate debilitating medical conditions for which a physician may |
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| 52 | 52 | | prescribe low-THC cannabis under this section. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2023. |
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